Agenda 05/13/2014 Item #16C5 5/13/2014 16.C.5.
EXECUTIVE SUMMARY
Recommendation to approve a contract with Atkins North America, Inc., in the amount of
$261,874 under Request for Proposal Number 14-6221, "CEI and Related Services - U.S. 41 from
C.R. 951 to Greenway Road,"Project Numbers 70045 and 73045.
OBJECTIVE: Obtain professional construction engineering inspection (CEI) and related services for
water and wastewater infrastructure relocations along U.S. 41 from C.R. 951 to Greenway Road.
CONSIDERATIONS: The Florida Department of Transportation (FDOT) has begun a road widening
improvement project along U.S. 41 from C.R. 951 to Greenway Road. The Collier County Water-Sewer
District has water and wastewater infrastructure in the area that requires relocation to accommodate the
FDOT project. CEI and related services provide an important on-site check and balance to the relocation
of this infrastructure.
The proposed scope of work for Project 70045, "FDOT Joint Project Agreements — Water" is consistent
with the 2010 Water Capital Improvement Project(CIP)Update, Page 3 of 4, Line 87, as identified in the
2011 User Fee Rate Study. The proposed scope of work for Project 73045, "FDOT Joint Project
Agreements - Sewer" is consistent with the 2010 Wastewater CIP Update, Page 2 of 4, Line 50, as
identified in the 2011 User Fee Rate Study. Funding for project 70045 and 73045 is available in, and is
consistent with,the FY2014 CIP Budget.
On March 25, 2014, as Agenda Item 16C2, the Board of County Commissioners (Board) approved the
selection committee rankings that selected Atkins North America, Inc., to provide the required CEI
services, and authorized staff to enter into contract negotiations. The parties successfully negotiated a
contract in the amount of$261,874. Atkins North America, Inc., is qualified and has extensive experience
providing CEI services.
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 Water User Fees Fund (412), and
Wastewater User Fees Fund (414).
The relocated assets will have an approximate life expectancy of 50 years and are not expected to
generate additional annual operating costs.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval.—ERP
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of
the Collier County Water-Sewer District, approve a contract with Atkins North America, Inc., in the
amount of$261,874 under Request for Proposal Number 14-6221, "CEI and Related Services —U.S. 41
from C.R. 951 to Greenway Road," Project Numbers 70045 and 73045; and, authorize the Chair to sign
and execute the contract after final approval by the County Attorney's Office.
Prepared By: Nathan Beals, Project Manager, Public Utilities Planning and Project Management
Department
Attachments: 14-6221 Contract; 14-6221 Solicitation; 14-6221 Final Ranking
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.5.
Item Summary: Recommendation to approve a contract with Atkins North America, Inc.,
in the amount of $261,874 under Request for Proposal Number 14-6221, "CEI and Related
Services - U.S. 41 from C.R. 951 to Greenway Road," Project Numbers 70045 and 73045.
Meeting Date: 5/13/2014
Prepared By
Name: Nathan Beals
Title: Project Manager,Public Utilities Engineering
4/22/2014 3:06:23 PM
Approved By
Name: HapkeMargie
Title: Recycling Coordinator, Solid Waste
Date: 4/23/2014 3:22:09 PM
Name: Steve Messner
Title: Director-Water, Water
Date: 4/23/2014 4:14:13 PM
Name: JohnssenBeth
Title: Director-Wastewater, Wastewater
Date: 4/23/2014 4:23:26 PM
Name: JacobsSusan
Title: Operations Analyst, Public Utilities Division
Date: 4/24/2014 8:42:50 AM
Name: ChmelikTom
Title: Director-Public Utilities Engineering,Public Utilities Engineering
Date: 4/24/2014 10:17:25 AM
Name: PajerCraig
Title: Project Manager,Principal,Public Utilities Engineering
Date: 4/24/2014 1:31:31 PM
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Name: BrilhartBrenda
Title: Procurement Specialist, Purchasing&General Services
Date: 4/24/2014 4:38:21 PM
Name: WardKelsey
Title: Manager-Procurement, Purchasing&General Services
Date: 4/24/2014 5:10:31 PM
Name: JohnsonScott
Title: Procurement Specialist,Purchasing&General Services
Date: 4/25/2014 11:17:17 AM
Name: JohnsonScott
Title: Procurement Specialist, Purchasing& General Services
Date: 4/25/2014 11:17:27 AM
Name: SunyakMark
Title: Project Manager,Principal, Public Utilities Engineering
Date: 4/25/2014 11:29:45 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 4/25/2014 12:01:56 PM
Name: ZautckeLaura
Title: Management/Budget Analyst, Senior,Utilities Finance Operations
Date: 4/25/2014 12:51:13 PM
Name: YilmazGeorge
Title: Administrator-Public Utilities, Public Utilities Division
Date: 4/27/2014 11:50:46 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/28/2014 9:02:13 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 4/29/2014 12:56:08 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 4/29/2014 4:26:19 PM
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Contract# 14-6221
"Construction, Engineering, and Inspection (CEI) & Related Services for
US41 from CR951 to Greenway"
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
Atkins North America, Inc., authorized to do business in the State of Florida, whose business
address is 4030 West Boy Scout Boulevard, Suite 700, Tampa, Florida 33607, (hereinafter
referred to as the "CONSULTANT").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Consulting services of the
CONSULTANT concerning Construction, Engineering, and Inspection (CEI) & Related
Services for US41 from CR951 to Greenway (hereinafter referred to as the "Project"), said
services being more fully described in Schedule A, "Scope of Services", which is attached
hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
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ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Construction, Engineering, and
Inspection (CEI) & Related Services in all phases of the Project to which this Agreement
applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this
Agreement all such licenses as are required to do business in the State of Florida and in Collier
County, Florida, including, but not limited to, all licenses required by the respective state boards
and other governmental agencies responsible for regulating and licensing the professional
services to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates Michael R. Ryan PE, PMP, Sr. Project Engineer, 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
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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.
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.
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1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task)
amount for the following: Tasks not completed within the expressed time frame, including
required deliverables, incomplete and/or deficient documents, failure to comply with local, state
and/or federal requirements and/or codes and ordinances applicable to Consultant's
performance of the work as related to the project. This list is not deemed to be all-inclusive, and
the County reserves the right to make sole determination regarding deductions. After notification
of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe,
these funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and/or items necessary to correct the deficiencies directly related to the
Consultant's non-performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm
or organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCad 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.
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ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT
shall furnish or obtain from others Additional Services of the types listed in Article Two herein.
The agreed upon scope, compensation and schedule for Additional Services shall be set forth in
the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Purchasing Ordinance and Procedures in effect at the time such
services are authorized. These services will be paid for by OWNER as indicated in Article Five
and Schedule B. Except in an emergency endangering life or property, any Additional Services
must be approved in writing via an Amendment to this Agreement prior to starting such services.
OWNER will not be responsible for the costs of Additional Services commenced without such
express prior written approval. Failure to obtain such prior written approval for Additional
Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional
Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a
part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a
change in the Agreement is required because of the action taken by CONSULTANT in response
to an emergency, an Amendment shall be issued to document the consequences of the
changes or variations, provided that CONSULTANT has delivered written notice to OWNER of
the emergency within forty-eight (48) hours from when CONSULTANT knew or should have
known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above,
waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its
compensation or time of performance under this Agreement. The following services, if not
otherwise specified in Schedule A as part of Basic Services, shall be Additional Services:
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
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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).
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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;
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(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
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4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
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.
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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.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER
to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project.
CONSULTANT warrants to OWNER that it has full right and authority to grant this license to
OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to
complete the Project following CONSULTANT'S termination for any reason or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNER may be making Project Documents available for review and information
to various third parties and hereby consents to such use by OWNER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of Mi., IC\ litre frr m (a) the date of termination of this
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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.
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 AnrPPmpnt shall name Collier County Government, Collier
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County, Florida, as an additional insured as to the operations of CONSULTANT under
this Agreement and shall contain a severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse against
OWNER for payment of premiums or assessments for any deductibles which all are at
the sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self-
insurance program carried by OWNER applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any
insurance or self-insurance program carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work performed on
behalf of Collier County, or reference this contract number.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and received by
OWNER, except such rights as they may have to the proceeds of such insurance held by any of
them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department
of Insurance of the State of Florida to transact the appropriate insurance business in the
State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
ARTICLE TEN
SERVICES BY 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,
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or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub-subconsultants or sub-subcontractors.
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,
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however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of 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
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excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
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 IC di IP nr CI irh n+her time as required by Florida's Prompt
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Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
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
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CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
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
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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:
Atkins North America, Inc.
1514 Broadway, Suite 201
Ft. Myers, FL 33901
Attn: Michael Ryan, PE, PMP
Phone: (239) 334-72751 Fax: (239) 334-7277
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.
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17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
RFP # 14-6221 Construction Engineering, and Inspection (CEI) & Related
Services for US41 from CR951 to Greenway 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
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brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a public
entity; may not submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work; may
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."
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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
seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
**********
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Construction, Engineering, and Inspection (CEI) & Related Services for
US41 from CR951 to Greenway the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Dwight E. Brock, Clerk
By:
Date: By:
Tom Henning, Chairman
Approved as to Form and Legality:
Assistant County Attorney
Name
Atkins North America, Inc.
By:
Witness
Name and Title Name and Title
Witness
Name and Title
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SCHEDULE A— SCOPE OF SERVICES
Contract# 14-6221
"Construction, Engineering, and Inspection (CEI) & Related Services
for US41 from CR951 to Greenway"
The purpose is to provide a lead CEI inspector and an alternate to coordinate with the Florida
Department of Transportation (FDOT) CEI team for the relocation of Collier County Water-
Sewer District (CCWSD) water and wastewater infrastructure along US41 between CR951 and
Greenway Road. The relocations will be performed by the FDOT highway contractor. The
entire three and a half miles of water main and force main will be relocated and need to be
inspected.
SCOPE OF WORK
The construction engineering inspection (CEI) services will include, but not limited to,
construction observation, daily log and construction documentation, photographic record,
general coordination, construction progress meetings, observe inspections, substantial and final
completion inspections, final construction certification, general project management, monitor
project records, certifications, and manage as-constructed field drawings.
TASK I — OBSERVATION AND DOCUMENTATION
1.1. Construction Observation — Inspector will coordinate with the FDOT CEI team and
conduct on-site observations and inspections of all CCWSD infrastructure construction
activities (including overnight tie-ins) on the project to ensure that all work is completed
in accordance with the Contract Documents. The Inspector will inform an on-site
representative of the construction contractor of any concerns related to conformance of
the CCWSD work with the Contract Documents as an attempt to resolve any concern or
issue on-site. If the concern or issue is not immediately resolved in the field, the
Inspector shall inform the COUNTY Project Manager in writing about the concern or
issue within eight (8) business hours, but not more than one (1) business day after the
discovery of any concern or issue. This protocol will be initiated any time the Inspector
becomes aware of any construction that is unsatisfactory, faulty or defective, does not
conform to the Contract Documents, does not meet the requirements of any
inspections, tests or approval required to be made, or has been damaged before final
payment. Inspector will maintain a separate Issue Resolution Log documenting any
issue or concern that is conveyed in writing to the COUNTY Project Manager, including
any written directive resolving the issue or concern.
1.2. Daily Log and Construction Documentation — Inspector will prepare a daily log
recording activities and details related to the CCWSD work on a form approved in
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advance by the COUNTY and the FDOT CEI (this may include use of FDOT's Site
Manager program). Information will be recorded in the daily log on each day
construction activities occur. The daily log entries will record all aspects of the CCWSD
infrastructure construction during that day including, but not limited to: construction
crew (labor) details, equipment used, materials used, compliance testing and inspection
performed, site conditions, trench conditions, backfill material used, dewatering
methods, compaction methods, location of the work, and all relevant details related to
the CCWSD Work. The Daily Log will reference the digital photographs and or video
taken with appropriate file names and file locations. In addition to the construction
details, the daily log will contain information related to: time and hours on the job site,
weather conditions, data pertaining to questions of quantities of materials used, extras
or deductions, list of visiting officials and representatives of manufacturers, fabricators,
suppliers and distributors, observations in general and specific observations in more
detail as in observing test procedures, conformance inspection of materials and fitting,
name plate data for equipment and material installed, and other information requested
by the COUNTY. The daily log, photograph files and other construction documentation
will be provided to the COUNTY by the CEI on a weekly basis on the first day of the
week following the week of daily logs.
1.3. Photographic Record — Inspector will provide a comprehensive digital photographic
record of CCWSD construction activities related to the Project. The digital file names
will be referenced in the daily log along with a brief description of the photograph, the
date and time of the photograph and the name of the photographer. The digital files will
be submitted weekly to the COUNTY along with the construction documentation.
Video, if taken to identify issues not easily determined by photograph, will be provided
in digital format.
1.4. General Coordination — CEI will coordinate all activities related to the multiple-
Beneficial Use of completed segments between the construction contractor, the CEI
and the COUNTY. CEI will oversee substantial and final completion inspections, and
prepare and maintain the punch list, including follow-up inspections to ensure that
punch list items are corrected and/or completed.
1.5. Construction Progress Meetings — The CEI will attend scheduled FDOT progress
meetings chaired by the FDOT CEI, with the construction contractor and the COUNTY
to review project status and identify issues that may affect the Project.
1.6. Observe Inspections — The CEI will accompany visiting inspectors representing any
regulatory agencies having jurisdiction over the Project and will record all discussions
and the outcome of these regulatory inspections in the daily logs.
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1.7. Substantial and Final Completion Inspections — The CEI will conduct substantial
completion inspections when requested by the construction contractor. During the
substantial completion inspection the Inspector will prepare a punch list of items
requiring completion or correction to the satisfaction of the CEI and the COUNTY. The
CEI will be responsible for maintaining the punch-list and issuing updates to the punch-
list on a weekly basis. The CEI will coordinate and participate in the final walk-through
to ensure that the punch-list items are completed to the satisfaction of the CEI and the
COUNTY. Upon the request of the construction contractor and concurrence of the
COUNTY Project Manager, the CEI will conduct final completion inspections of portions
of the project, as they are finished to determine if construction has been completed in
accordance with the Contract Documents and the construction contractor has fulfilled
all obligations therein. Based on the results of the final inspection, the CEI will judge
the work complete or not complete. If the work is judged complete, the CEI will issue a
"notice of final acceptance and recommendation for final payment". If the work is
judged not complete, the CEI will issue written instructions to the construction
contractor identifying the work judged not complete. Upon provision of the construction
contractor evidence or assurance that the deficiencies noted above have been
corrected or completed, a second final inspection will be scheduled to verify that the
outstanding issues have been resolved and the CEI can issue a "notice of final
acceptance and recommendation for final payment".
1.8. Final Construction Certification — Upon issuance of a "notice of final acceptance and
recommendation for final payment" the CEI will provide a signed and sealed
certification by a professional engineer in responsible charge of the work provided by
the Inspector stating that the "Project has been completed by the construction
contractor in accordance with the Plans and Specifications of the Contract Documents
as amended".
TASK II — CEI PROJECT MANAGEMENT SERVICES
2.1 General Project Management—The CEI will provide support services customarily related
to the construction observation and inspection of similar projects including, but not limited
to the following:
2.1.2. Participate in other meetings as described or implied herein.
2.1.3. Coordinate with FDOT CEI and review the construction contractor's monthly
applications for payment and accompanying data and recommend approval of payments
due to the construction contractor. The CEI's recommendation of any payment
requested in an application for payment shall constitute a representation by the CEI to
the COUNTY as an experienced and qualified professional, that based on CEI's onsite
observations and inspections of construction in progress; that the construction quantities _
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in the applications for payment accurately reflects the progress of the work and that the
payment is for work constructed in accordance with the Contract Documents. The CEI
will process pay requests in coordination with the FDOT CEI.
2.1.4. The CEI will provide such field testing and verification that all materials, equipment
and supplies installed or utilized on the Project are in full accordance with the Contract
Documents and approved Shop Drawings provided by the ENGINEER.
2.1.5. Within one (1) month after the construction contractor completes all punchlist
items to the satisfaction of the Inspector and the COUNTY and the CCWSD work is
substantially complete in accordance with the Contract Documents, the CEI will provide a
signed and sealed certification by a professional engineer registered in the State of
Florida, that the Work was done under his supervision and performed in accordance with
the Contract Documents, including all approved shop drawings and change orders except
as noted.
2.2. Monitor Project Records — The CEI shall monitor all required Project records,
including but not limited to delivery schedules, inventories and construction reports.
2.3. Certifications —The CEI shall prepare and submit certification packages to FDEP prior
to close-out of the project.
2.4. As-Constructed Field Drawings — Inspector shall maintain red pencil "mark-up"
notations and sketches on construction plans that reflect the actual details of
constructed facilities. These Constructed Field Drawings will be used by the CEI to
validate the "As Built" documentation provided by the construction contractor. The CEI
will notify the ENGINEER and the construction contractor of any differences in the
documents maintained by the general contractor and the CEI on a weekly basis for
resolution by the ENGINEER.
MISCELLANEOUS
• Density testing (verification and QC) for backfill operations will be performed by FDOT and
Contractor.
• Contractor will perform all pressure and bacteriological testing and submit results to CEI.
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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
Nathan Beals, PMP, Collier County Public Utilities, 3339 East Tamiami Trail, Suite
303, Naples, FL 34112, (239) 252-2583.
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 PHASE NOT TO EXCEED
AMOUNT:
1. Observation & Documentation $232,650.00
2. CEi Project Management Services $ 29,224.00
TOTAL FEE (Total Tasks 1-2) I $261,874.00
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
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services to be provided. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or
Additional Services without OWNER'S prior written approval.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out-of-pocket expenses incurred in the performance of all such
services.
B.2.6. Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees and Reimbursable Expenses earned that month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in triplicate in a form and manner required by
Owner. Additionally, the number of the purchase order granting approval for such
services shall appear on all invoices.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non-payment under the legal doctrine of"laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and the Project name and shall not be submitted more than one time monthly.
B.3.3. Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the
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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
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without
mark-up by the CONSULTANT, and shall consist only of the following items:
B.3.5.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and
Specifications.
B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER. Such
expenses, if approved by OWNER, may include coach airfare, standard
accommodations and meals, all in accordance with section 112.061, F.S. Further,
such expenses, if approved by OWNER, may include mileage for trips that are
from/to destinations outside of Collier or Lee Counties. Such trips within Collier
and Lee Counties are expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4. Expense of overtime work requiring higher than regular rates approved
in advance and in writing by OWNER.
B.3.5.1.5. Expense of models for the County's use.
B.3.4.1.6. Other items on request and approved in writing by the OWNER.
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SCHEDULE B — Attachment 1
Personnel Category Standard Hourly Rate
Senior Project Engineer $157.00
Senior Utility Representative $105.00
Administrative / Clerical $ 62.00
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SCHEDULE C
PROJECT SCHEDULE
The duration of the project Tasks 1 and 2 are expected to be twelve (12) months from
Notice to Proceed (NTP) unless otherwise directed in the written NTP issued by the
County Project Manager and/or his designee.
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SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any
of the below listed minimum required coverages, CONSULTANT must identify on the Certificate
of Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24)
hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
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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
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CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of
the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one, if applicable)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
_X_ $500,000 Each Accident
$500,000 Disease Aggregate
$500,000 Disease Each Employee
$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.
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(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
(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
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!X General Aggregate $2,000,000
Products/Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $2,000,000
Each Occurrence $1,000,000
Fire Damage $ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self-insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his/her designee.
(3) The OWNER, Collier County Government, shall be named as an Additional Insured
and the policy shall be endorsed that such coverage shall be primary to any similar coverage
carried by the OWNER.
(4) Coverage shall be included for explosion, collapse or underground property damage
claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Applicable X Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Applicable X Not Applicable
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AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? _X_Yes No
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less
than:
Bodily Injury & Property Damage - $ 500,000
_X Bodily Injury & Property Damage- $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
of
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$ 500,000 each claim and in the aggregate
X $1,000,000 each claim and in the aggregate
$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.
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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 SCHEDULE D
D-R
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SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Atkins North America, 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 Construction, Engineering, and Inspection
(CEI) & Related Services for US41 from CR951 to Greenway are accurate, complete and
current as of the time of contracting.
Atkins North America, Inc.
BY:
TITLE:
DATE:
F.1
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SCHEDULE F
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
Name Personnel Category % of time
Michael Ryan, PE, PMP Senior Project Engineer 5%
Bill Blanton Senior Utility Representative 86%
Sharon Kirkpatrick Administrative/Clerical 9%
F.I
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REQUEST FOR PROPOSALS
In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act.
Colt, County
Administrative Services Division
punzhasing
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
CCNA Solicitation
RFP 14-6221
CEI & Related Services — US41 from CR951 to Greenway
Brenda Brilhart, Procurement Strategist
(239) 252-8446 (Telephone)
(239) 252-6697(Fax)
brendabrilhart@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.
0s1
Pur hasng Depar rent•3327 Tamiami Trail East•Napes,Florida 34112-4901•a ww coliiergov net/purchasing
CCNA(Revision 01012014)
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Table of Contents
LEGAL NOTICE 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT 4
EXHIBIT II: GENERAL RFP INSTRUCTIONS 8
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 12
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP 15
ATTACHMENT 1: CONSULTANT'S NON-RESPONSE STATEMENT 22
ATTACHMENT 2: CONSULTANT CHECK LIST 23
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT 24
ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT 25
ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION 27
ATTACHMENT 6: CONSULTANT SUBSTITUTE W—9 28
ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS 29
ATTACHMENT 8: REFERENCE QUESTIONNAIRE 30
EXHIBIT A—SCOPE OF WORK
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der County
Administrative Services Division
Purchasing
Legal Notice
Pursuant to approval by the County Manager, Sealed Proposals to provide Construction
Engineering and Inspection Services for the US 41 (CR951 to Greenway) project will be
received until 4:00 PM, Naples local time, on February 6, 2014 at the Collier County
Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.
CCNA Solicitation
CEI & Related Services — US41 from CR951 to Greenway
Services to be provided may include, but not be limited to the following: The construction
engineering inspection (CEI) services will include, but not limited to, construction
observation, daily log and construction documentation, photographic record, general
coordination, construction progress meetings, observe inspections, substantial and final
completion inspections, final construction certification, general project management,
monitor project records, certifications, and manage as-constructed field drawings.
A pre-proposal conference is not applicable for this solicitation.
All statements should be made upon the official proposal form which must be obtained only on
the Collier County Purchasing Department Online Bidding System website:
www.collieroov.net/bid.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: /S/ Joanne Markiewicz
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 January 16, 2014.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Public Utilities Planning and Project Management Department
(hereinafter, the "Division or Department"), the Collier County Board of County Commissioners
Purchasing Department (hereinafter, "County") has issued this Request for Proposal
(hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified
Consultants in accordance with the terms, conditions and specifications stated or attached. The
Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of
Work stated.
The results of this solicitation may be used by other County departments once awarded
according to the Board of County Commissioners Purchasing Policy.
Background
The purpose is to provide a lead CEI inspector and an alternate to coordinate with the Florida
Department of Transportation (FDOT) CEI team for the relocation of Collier County Water-
Sewer District (CCWSD) water and wastewater infrastructure along US41 between CR951 and
Greenway Road. The relocations will be performed by the FDOT highway contractor. The
entire three and a half miles of water main and force main will be relocated and need to be
inspected.
The proposing firm's designated inspector (and their alternate) shall have experience providing
CEI services within the CCWSD using the Collier County Utilities Standards Manual, working
with FDOT, and be familiar with the Florida Department of Environmental Protection (FDEP)
permitting procedures.
Detailed Scope of Work—See Exhibit A
Term of Contract
The contract term, if an award(s) is/are made is intended to be for two years with two, one
(1) year renewal periods.
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 1/16/14
Last Date for Receipt of Written Questions 5:00 PM 1/30/14
Non-Mandatory pre-solicitation meeting N/A
Addendum Issued By 2/3/14
Solicitation Deadline Date and Time 4:00 PM 2/6/14
Anticipated Evaluation of Submittals Week of 2/9/14
Anticipated Completion of Contract Negotiations By 2/28/14
Anticipated Board of County Commissioner's Approval Date By 3/31/14
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Response Format
The Consultant understands and agrees to abide by all of the RFP specifications,
provisions, terms and conditions of same, and all ordinances and policies of Collier County.
The Consultant further agrees that if the contract is awarded the work will be performed in
accordance with the provisions, terms and conditions of the contract. To facilitate the fair
evaluation and comparison of proposals, all proposals must conform to the guidelines set
forth in this RFP. Any portions of the proposal that do not comply with these guidelines
must be so noted and explained in the Acceptance of Conditions section of the proposal.
However, any proposal that contains such variances may be considered non-responsive.
Proposals should be prepared simply and economically, providing a straightforward concise
description of the Consultant's approach and ability to meet the County's needs, as stated in
the RFP. All proposals should be presented as described in the RFP in PDF or Microsoft
Word format with Tabs clearly marked. If applicable, the utilization of recycled paper for
proposal submission is strongly encouraged.
The items listed below are to be submitted with each proposal and submitted in the order
shown. Each section should be clearly labeled, with pages numbered and separated by
tabs. Failure by a Consultant to include all listed items may result in the rejection of its
proposal.
1. Tab I, Cover Letter/ Management Summary (Maximum Pages 2 / Maximum 10
Points)
In this tab, include: Provide a cover letter, signed by an authorized officer of the firm,
indicating the underlying philosophy of the firm in providing the services stated herein.
• Include the name(s), telephone number(s) and email(s) of the authorized contact
person(s) concerning proposal. Submission of a signed Proposal is Consultant's
certification that the Consultant will accept any awards as a result of this RFP.
If services to be provided involve or are related to a physical site(s), including, but not
limited to: design services for construction, physical monitoring, environmental studies,
inspections or other similar activities, prior to submission of proposal, proposers may
visit the site(s) to become familiar with local conditions that may in any manner affect
performance of the Work. This site visit shall be documented in writing by the proposer;
this documentation shall be submitted with the proposal.
No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties
that may be encountered in the execution of the Work pursuant to this Agreement as a
result of failure to make the necessary examinations and investigations shall be
accepted as an excuse for any failure or omission on the part of the awarded proposer,
nor shall they be accepted as a basis for any claims whatsoever for extra compensation
or for an extension of time.
2. Tab II, Business Plan (Maximum Pages 5/ Maximum Points 25)
In this tab, include:
• Detailed plan of approach (including major tasks and sub-tasks).
• Include with the Business Plan or as an attachment, a copy of a report as an
example of work product. This should be for one of the projects listed as a
reference.
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3. Tab III, Experience and Capacity of Firm (Maximum Pages 5/ Maximum Points 25)
In this tab, include
• Provide information that documents Consultant's and subcontractors'
qualifications to produce the required deliverables, including abilities, capacity,
skill, and financial strength, and number of years of experience in providing the
required services.
• Provide details of risks that may be associated with the project and how the firm
may overcome those risks.
• Provide details of unique benefits that the firm offers on this project.
• Provide current list of projects in the format identified below:
Project Original Final Project Number of
Start Date End Date Change
Description Budget Cost Orders
4. Tab IV, Specialized Expertise of Team Members (Maximum Pages 10/ Maximum
Points 30)
In this tab, include Description of the proposed and alternate contract team and the role
to be played by each member of the proposed team.
• Describe the various team members' successful experience in working with one
another on previous projects.
• Attach resumes of all proposed and alternate project team members who will be
involved in the management of the total package of services, as well as the
delivery of specific services.
• Attach resumes of any sub-consultants. If sub-consultants are being utilized,
letters of intent from stated sub-consultants must be included with proposal
submission.
5. Tab V, References—5 Completed and Returned (Maximum Pages 5/ Maximum
Points 10)
In order for the Consultant to be awarded any points for this tab, the County requests
that the Consultant submits five (5) completed reference forms from clients whose
projects are of a similar nature to this solicitation as a part of their proposal. The County
will only use the methodology calculations for the first five (5) references (only)
submitted by the Consultant in their proposal.
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each Consultant's information provided in this area:
• The County will total each of the Consultant's five reference questionnaires and
create a ranking from highest number of points to lowest number of points.
References marked with an N/A (or similar notation will be given the score of zero
(0)). Consultants who do not turn in reference forms will be counted as zero (0).
• The greatest number of points allowed in this criterion will be awarded to the
Consultant who has the highest score.
• The next highest Consultant's number of points will be divided by the highest
Consultant's points which will then be multiplied by criteria points to determine the
Consultant's points awarded. Each subsequent Consultant's point score will be
calculated in the same manner.
• Points awarded will be extended to the whole number per Microsoft Excel.
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For illustrative purposes only, see chart for an example of how these points would be
distributed among the five proposers.
Consultant Total
Consultant Name Points Awarded
Reference Score
Consultant ABC 445 10
Consultant DEF 435 8.9
Consultant GHI 425 8.7
Consultant JKL 385 7.9
Note:Sample chart reflects a 20 point reference criterion.
The points awarded by Consultant will be distributed to the Selection Committee prior to
their evaluation of the proposals. The Selection Committee will review the Consultant's
proposal to ensure consistency and completion of all tasks in the RFP, and review the
Points Awarded per Consultant. The Selection Committee may, at their sole discretion,
contact references, and/or modify the reference points assigned after a thorough review
of the proposal and prior to final ranking by the final Selection Committee.
6. Tab VI, Acceptance of Conditions
Indicate any exceptions to the general terms and conditions of the RFP, and to
insurance requirements or any other requirements listed in the RFP. If no exceptions are
indicated in this tabbed section, it will be understood that no exceptions to these
documents will be considered after the award, or if applicable, during negotiations.
Exceptions taken by a Consultant may result in evaluation point deduction(s) and/or
exclusion of proposal for Selection Committee consideration, depending on the extent of
the exception(s). Such determination shall be at the sole discretion of the County and
Selection Committee.
7. Tab VII, Required Form Submittals
• Attachment 2: Consultant Checklist
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Consultant Declaration Form'
• Attachment 5: Immigration Affidavit and company's E-Verify profile page and
memorandum of understanding
• Attachment 6: Consultant Substitute W9
• Attachment 7: Insurance Requirements
• Attachment 8: Reference Questionnaire
• Other: License, Certifications, etc.
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Exhibit II: General RFP Instructions
1. Questions
Direct questions related to this RFP to the Collier County Purchasing Department Online
Bidding System website: www.colliergov.net/bid.
Consultants must clearly understand that the only official answer or position of the County
will be the one stated on the Collier County Purchasing Department Online Bidding System
website. For general questions, please call the referenced Procurement Strategist noted on
the cover page.
2. Pre-Proposal Conference
The purpose of the pre-proposal conference is to allow an open forum for discussion and
questioning with County staff regarding the RFP with all prospective Consultants having an
equal opportunity to hear and participate. Oral questions will receive oral responses, neither
of which will be official, nor become part of the RFP. Only written responses to written
questions will be considered official, and will be included as part of the RFP as an
addendum.
All prospective Consultants are strongly encouraged to attend, as, this will usually be the
only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted
as "mandatory", prospective Consultants must be present in order to submit a proposal
response.
3. Compliance with the RFP
Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of
the RFP may result in disqualification.
4. Ambiguity, Conflict, or Other Errors in the RFP
It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity,
conflict, discrepancy, omission or other error in the RFP, to immediately notify the
Procurement Strategist, noted herein, of such error in writing and request modification or
clarification of the document prior to submitting the proposal. The Procurement Strategist will
make modifications by issuing a written revision and will give written notice to all parties who
have received this RFP from the Purchasing Department.
5. Proposal, Presentation, and Protest Costs
The County will not be liable in any way for any costs incurred by any Consultant in the
preparation of its proposal in response to this RFP, nor for the presentation of its proposal
and/or participation in any discussions, negotiations, or, if applicable, any protest
procedures.
6. Delivery of Proposals
All proposals are to be delivered before 4:00 PM, Naples local time, on or before February
6, 2014 to:
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Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Brenda Brilhart, 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.
If submitting manually, Consultants must submit one (1) paper copy clearly labeled
"Master," and one (1) compact disks (CD's)with one copy of the proposal on each CD
in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or
envelope.
7. Validity of Proposals
No proposal can be withdrawn after it is filed unless the Consultant makes their request in
writing to the County prior to the time set for the closing of Proposals. All proposals shall be
valid for a period of one hundred eighty (180) days from the submission date to
accommodate evaluation and selection process.
8. Method of Source Selection
The County is using the Competitive Sealed Proposals methodology of source selection for
this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting
the Collier County Purchasing Policy. If the County receives proposals from less than
three (3) firms, the 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. The County's procedure for selecting is as follows:
A. The County Manager or designee shall appoint a Selection Committee to review all
proposals submitted.
B. Request for Proposals issued.
C. 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.
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D. 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.
E. The committee members will review each Proposal individually and score each proposal
based on the evaluation criteria stated herein.
F. 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.
G. 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.
H. The Selection Committee, as approved by the County Manager or designee, will review,
evaluate and rank all responsive proposals received from Proposers responding to this
RFP. The committee members will score each Proposal in accordance with the rating
criteria set forth below and may, at their discretion, schedule presentations from any
firms submitting a proposal. Consultant(s) shall have an opportunity to discuss their
qualifications, approach to the project and ability to furnish services for the scope of work
outlined in this solicitation during the publicly announced Selection Committee Meeting
prior to the final ranking. This discussion does not preclude the County from having
additional presentations by ranked firms at the County's sole discretion.
I. 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.
J. Negotiations shall begin with the top-ranked firm(s) in accordance with Florida Statute
287.055.
K. Upon the successful completion of negotiations, contracts will be presented to the
Board of County Commissioners for approval.
The County reserves the right to withdraw this RFP at any time and for any reason, and
to issue such clarifications, modifications, addendums, and/or amendments as it may
deem appropriate, including, but not limited, to requesting supplemental proposal
information.
Receipt of a proposal by the County or a submission of a proposal to the County offers
no rights upon the Consultant nor obligates the County in any manner. Acceptance of
the proposal does not guarantee issuance of any other governmental approvals.
Proposals which include provisions requiring the granting of zoning variances may not
be considered.
10. References
The County reserves the right to contact any and all references submitted as a result of this
solicitation.
11. Proposal Selection Committee and Evaluation Factors
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The County Manager or designee will appoint a Selection Committee to review all proposals
submitted. The factors to be considered in the evaluation of proposal responses are listed
below.
Tab I, Cover Letter/ Management Summary 10
Tab II, Business Plan 25
Tab III, Experience and Capacity of the Firm 25
Tab IV, Specialized Expertise of Team Members 30
Tab V, References 10
TOTAL POINTS 100
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.
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Exhibit Ill: Collier County Purchase Order Terms and Conditions
1. Offer Unless otherwise provided in Purchase Order,
This offer is subject to cancellation by the no invoices shall be issued nor payments
COUNTY without notice if not accepted by made prior to delivery. Unless freight and
VENDOR within fourteen (14) days of issuance. other charges are itemized, any discount will
be taken on the full amount of invoice.
2. Acceptance and Confirmation c) All shipments of goods scheduled on the same
This Purchase Order (including all documents day via the same route must be consolidated.
attached to or referenced therein) constitutes Each shipping container must be
the entire agreement between the parties, unless consecutively numbered and marked to show
otherwise specifically noted by the COUNTY on this Purchase Order number. The container
the face of this Purchase Order. Each delivery of and Purchase Order numbers must be
goods and/or services received by the COUNTY indicated on bill of lading. Packing slips must
from VENDOR shall be deemed to be upon the show Purchase Order number and must be
terms and conditions contained in this Purchase included on each package of less than
Order. container load (LCL) shipments and/or with
each car load of equipment. The COUNTY
No additional terms may be added and Purchase reserves the right to refuse or return any
Order may not be changed except by written shipment or equipment at VENDOR'S
instrument executed by the COUNTY. VENDOR expense that is not marked with Purchase
is deemed to be on notice that the COUNTY Order numbers. VENDOR agrees to declare
objects to any additional or different terms and to the carrier the value of any shipment made
conditions contained in any acknowledgment, under this Purchase Order and the full invoice
invoice or other communication from VENDOR, value of such shipment.
notwithstanding the COUNTY'S acceptance or d) All invoices must contain the Purchase Order
payment for any delivery of goods and/or services, number and any other specific information as
or any similar act by VENDOR. identified on the Purchase Order. Discounts
of prompt payment will be computed from the
3. Inspection date of receipt of goods or from date of receipt
All goods and/or services delivered hereunder of invoices, whichever is later. Payment will
shall be received subject to the COUNTY'S be made upon receipt of a proper invoice and
inspection and approval and payment therefore in compliance with Chapter 218, Fla. Stats.,
shall not constitute acceptance. All payments are otherwise known as the "Local Government
subject to adjustment for shortage or rejection. All Prompt Payment Act," and, pursuant to the
defective or nonconforming goods will be returned Board of County Commissioners Purchasing
pursuant to VENDOR'S instruction at VENDOR'S Policy.
expense.
5. Time Is Of the Essence
To the extent that a purchase order requires a Time for delivery of goods or performance of
series of performances by VENDOR, the services under this Purchase Order is of the
COUNTY prospectively reserves the right to essence. Failure of VENDOR to meet delivery
cancel the entire remainder of the Purchase Order schedules or deliver within a reasonable time, as
if goods and/or services provided early in the term interpreted by the COUNTY in its sole judgment,
of the Purchase Order are non-conforming or shall entitle the COUNTY to seek all remedies
otherwise rejected by the COUNTY. available to it at law or in equity. VENDOR agrees
4. Shipping and Invoices to reimburse the COUNTY for any expenses
a) All goods are FOB destination and must be incurred in enforcing its rights. VENDOR further
suitably packed and prepared to secure the agrees that undiscovered delivery of
lowest transportation rates and to comply with nonconforming goods and/or services is not a
all carrier regulations. Risk of loss of any waiver of the COUNTY'S right to insist upon
goods sold hereunder shall transfer to the further compliance with all specifications.
COUNTY at the time and place of delivery;
provided that risk of loss prior to actual receipt 6. Changes
of the goods by the COUNTY nonetheless The COUNTY may at any time and by written
remain with VENDOR. notice make changes to drawings and
b) No charges will be paid by the COUNTY for specifications, shipping instructions, quantities and
packing, crating or cartage unless otherwise delivery schedules within the general scope of this
specifically stated in this Purchase Order. Purchase Order. Should any such change
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increase or decrease the cost of, or the time arise out of or are incident to the goods and/or
required for performance of the Purchase Order, services to be provided hereunder.
an equitable adjustment in the price and/or
delivery schedule will be negotiated by the 11. Warranty of Non-Infringement
COUNTY and VENDOR. Notwithstanding the VENDOR represents and warrants that all goods
foregoing, VENDOR has an affirmative obligation sold or services performed under this Purchase
to give notice if the changes will decrease costs. Order are: a) in compliance with applicable laws;
Any claims for adjustment by VENDOR must be b) do not infringe any patent, trademark, copyright
made within thirty (30) days from the date the or trade secret; and c) do not constitute unfair
change is ordered or within such additional period competition.
of time as may be agreed upon by the parties.
VENDOR shall indemnify and hold harmless the
7. Warranties COUNTY from and against any and all claims,
VENDOR expressly warrants that the goods including claims of negligence, costs and expense,
and/or services covered by this Purchase Order including but not limited to attorneys' fees, which
will conform to the specifications, drawings, arise from any claim, suit or proceeding alleging
samples or other descriptions furnished or that the COUNTY'S use of the goods and/or
specified by the COUNTY, and will be of services provided under this Purchase Order are
satisfactory material and quality production, free inconsistent with VENDOR'S representations and
from defects and sufficient for the purpose warranties in section 11 (a).
intended. Goods shall be delivered free from any
security interest or other lien, encumbrance or If any claim which arises from VENDOR'S breach
claim of any third party. These warranties shall of section 11 (a) has occurred, or is likely to occur,
survive inspection, acceptance, passage of title VENDOR may, at the COUNTY'S option, procure
and payment by the COUNTY. for the COUNTY the right to continue using the
goods or services, or replace or modify the goods
8. Statutory Conformity or services so that they become non-infringing,
Goods and services provided pursuant to this (without any material degradation in performance,
Purchase Order, and their production and quality, functionality or additional cost to the
transportation shall conform to all applicable laws, COUNTY).
including but not limited to the Occupational
Health and Safety Act, the Federal Transportation 12. Insurance Requirements
Act and the Fair Labor Standards Act, as well as The VENDOR, at its sole expense, shall provide
any law or regulation noted on the face of the commercial insurance of such type and with such
Purchase Order. terms and limits as may be reasonably associated
with the Purchase Order. Providing and
9. Advertising maintaining adequate insurance coverage is a
No VENDOR providing goods and services to the material obligation of the VENDOR. All insurance
COUNTY shall advertise the fact that it has policies shall be executed through insurers
contracted with the COUNTY for goods and/or authorized or eligible to write policies in the State
services, or appropriate or make use of the of Florida.
COUNTY'S name or other identifying marks or
property without the prior written consent of the 13. Compliance with Laws
COUNTY'S Purchasing Department. In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all federal,
10. Indemnification state, and local laws, rules, codes, and ordinances
VENDOR shall indemnify and hold harmless the that are applicable to the conduct of its business.
COUNTY from any and all claims, including claims By way of non-exhaustive example, this shall
of negligence, costs and expenses, including but include the American with Disabilities Act and all
not limited to attorneys' fees, arising from, caused prohibitions against discrimination on the basis of
by or related to the injury or death of any person race, religion, sex creed, national origin, handicap,
(including but not limited to employees and agents marital status, or veterans' status. Further,
of VENDOR in the performance of their duties or VENDOR acknowledges and without exception or
otherwise), or damage to property (including stipulation shall be fully responsible for complying
property of the COUNTY or other persons), which with the provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.S.C. 1324, et
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seq. and regulations relating thereto, as either breach by VENDOR of the terms and conditions of
may be amended. Failure by the awarded firm(s) this Purchase Order, provided that COUNTY has
to comply with the laws referenced herein shall provided VENDOR with notice of such breach and
constitute a breach of the award agreement and VENDOR has failed to cure within 10 days of
the County shall have the discretion to unilaterally receipt of such notice.
terminate said agreement immediately. Any
breach of this provision may be regarded by the 19. General
COUNTY as a material and substantial breach of a) This Purchase Order shall be governed by the
the contract arising from this Purchase Order. laws of the State of Florida. The venue for
any action brought to specifically enforce any
14. Force Majeure of the terms and conditions of this Purchase
Neither the COUNTY nor VENDOR shall be Order shall be the Twentieth Judicial Circuit in
responsible for any delay or failure in performance and for Collier County, Florida
resulting from any cause beyond their control, b) Failure of the COUNTY to act immediately in
including, but without limitation to war, strikes, civil response to a breach of this Purchase Order
disturbances and acts of nature. When VENDOR by VENDOR shall not constitute a waiver of
has knowledge of any actual or potential force breach. Waiver of the COUNTY by any
•
majeure or other conditions which will delay or default by VENDOR hereunder shall not be
threatens to delay timely performance of this deemed a waiver of any subsequent default by
Purchase Order, VENDOR shall immediately give VENDOR.
notice thereof, including all relevant information c) All notices under this Purchase Order shall be
with respects to what steps VENDOR is taking to sent to the respective addresses on the face
complete delivery of the goods and/or services to page by certified mail, return receipt
the COUNTY. requested, by overnight courier service, or by
personal delivery and will be deemed effective
15. Assignment upon receipt. Postage, delivery and other
VENDOR may not assign this Purchase Order, nor charges shall be paid by the sender. A party
any money due or to become due without the prior may change its address for notice by written
written consent of the COUNTY. Any assignment notice complying with the requirements of this
made without such consent shall be deemed void. section.
d) The Vendor agrees to reimbursement of any
16. Taxes travel expenses that may be associated with
Goods and services procured subject to this this Purchase Order in accordance with
Purchase Order are exempt from Florida sales Florida Statute Chapter 112.061, Per Diem
and use tax on real property, transient rental and Travel Expenses for Public Officers,
property rented, tangible personal purchased or employees and authorized persons.
rented, or services purchased (Florida Statutes, e) In the event of any conflict between or among
Chapter 212), and from federal excise tax. the terms of any Contract Documents related
to this Purchase Order, the terms of the
17. Annual Appropriations Contract Documents shall take precedence
The COUNTY'S performance and obligation to over the terms of the Purchase Order. To the
pay under this Purchase Order shall be contingent extent any terms and /or conditions of this
upon an annual appropriation of funds. Purchase Order duplicate or overlap the
Terms and Conditions of the Contract
18. Termination Documents, the provisions of the Terms
This Purchase Order may be terminated at any and/or Conditions that are most favorable to
time by the COUNTY upon 30 days prior written the County and/or provide the greatest
notice to the VENDOR. This Purchase Order may protection to the County shall govern.
be terminated immediately by the COUNTY for
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Exhibit IV: Additional Terms and Conditions for RFP
1. Insurance and Bonding Requirements
The Consultant shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in the Insurance and
Bonding attachment of this solicitation. The Consultant shall procure and maintain property insurance
upon the entire project, if required, to the full insurable value of the scope of work.
The County and the Consultant waive against each other and the County's separate Consultants,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to the
proceeds of such insurance. The Consultant and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Consultants, Design Consultants and Subcontractors
and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Consultant under this
solicitation and shall contain a severability of interests' provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
Certificates of Insurance must state the Contract Number, or Project Number, or specific Project
description, or must read: For any and all work performed on behalf of Collier County.The "Certificate
Holder" should read as follows:
Collier County Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in
Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If Consultant has any self-insured retentions or deductibles under
any of the below listed minimum required coverage, Consultant must identify on the Certificate of
Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory
evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be
Consultant's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work until
the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Consultant and/or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Consultant. The Consultant shall
also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant
from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide
notice. In the event of a reduction in the aggregate limit 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.
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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 75% or more of the solicitation amount for said work.
5. County's Right to Inspect
The County or its authorized Agent shall have the right to inspect the Consultant's facilities/project site
during and after each work assignment the Consultant is performing.
6. Additional Terms and Conditions of Contract
Collier County has developed standard contracts/agreements, approved by the Board of County
Commissioners (BCC). The selected Consultant shall be required to sign a standard Collier County
contract within twenty one (21) days of Notice of Selection for Award.
The County reserves the right to include in any contract document such terms and conditions, as it
deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract
is available upon request. The County will not be obligated to sign any contracts, maintenance and/or
service agreements or other documents provided by the Consultant.
7. Public Records Compliance
The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including
specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes,
rules, regulations and requirements of any governmental agencies.
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8. Payment Method
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk @collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and/or services as
part of this agreement.
Payment methods include:
• Traditional—payment by check, wire transfer or other cash equivalent.
• Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by
standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules
for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of using
the County's credit card for transactions relating to this solicitation. The County will entertain bids
clearly stating pricing for standard payment methods. An additional separate discounted price for
traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional
Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that
prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for
payment without prior approval from the Project manager. All invoices should be submitted within the
fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices
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
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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.
9. 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.
10. 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.
11. Survivability
The Consultant agrees that any Purchase Order that extends beyond the expiration date of Solicitation
14-6221 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.
12. 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.
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13. 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.
14. 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.
15. 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.
16. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a
certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the
document may be submitted with the solicitation response and the document number shall be identified.
Firms who do not provide the certificate of authority at the time of response shall be required to provide
same within five (5) days upon notification of selection for award. If the firm cannot provide the document
within the referenced timeframe, the County reserves the right to award to another firm.
17. 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.
18. 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
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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.
19. 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.
20. Security and Background Checks
If required, 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.
21. 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.
22. 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.
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23. 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 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 Consultant does
not comply with providing the acceptable E-Verify evidence and the executed affidavit the
Consultant's proposal may be deemed non-responsive.
Additionally, Consultants shall require all subcontracted Consultants to use the E-Verify system for all
purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E-Verify) program
visit the following website: http://www.dhs.gov/E-Verify. It shall be the Consultant's responsibility to
familiarize themselves with all rules and regulations governing this program.
Consultant acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be
fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with
the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws
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.
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Coif e;!rCounty
Adminiative Services Dvisicn
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 RFP 14-6221 CEI & Related Services— US41 from CR951
to Greenway for the following reason(s):
Services requested not available through our company.
n Our firm could not meet specifications/scope of work.
n Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.)
❑ Project is too small.
n Insufficient time allowed for preparation of response.
n Incorrect address used. Please correct mailing address:
n Other reason(s):
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
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cortier county
Administrative Services vision
Purchasing
Attachment 2: Consultant Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and
return with your Proposal.
Consultant should check off each of the following items as the necessary action is completed:
❑ The Proposal has been signed.
❑ All applicable forms have been signed and included, along with licenses to complete the requirements
of the project.
❑ Any addenda have been signed and included.
❑ The mailing envelope has been addressed to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Brenda Brilhart, Procurement Strategist
CCNA Solicitation: RFP 14-6221 CEI & Related Services — US41 from CR951 to
Greenway
❑ The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due
Date.
❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date
and time. (Otherwise Proposal cannot be considered.)
ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
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Cv er County
Administrative Serum D vision
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
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31kr Cc . rty
Adrninistrative Services Division
Purchasing
Attachment 4: Consultant Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: CCNA Solicitation: RFP 14-6221 CEI & Related Services— US41 from CR951 to Greenway
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
20_in the County of , in the State of
Firm's Legal Name:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document
Number
Federal Tax
Identification Number
CCR # or CAGE
Code
Telephone:
FAX:
Signature by:
(Typed and written)
Title:
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Additional Contact Information
Send payments to:
(required if different from Company name used as payee
above)
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:
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Coe-r County
Administrative Services(Division
Purchasing
Attachment 5: Immigration Affidavit Certification
CCNA Solicitation: RFP 14-6221 CEI & Related Services— US41 from CR951 to Greenway
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 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
proposal as non-responsive.
Collier County will not intentionally award County contracts to any Consultant who knowingly employs unauthorized
alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section
274A(e) of the Immigration and Nationality Act("INA").
Collier County may consider the employment by any Consultant of unauthorized aliens a violation of Section 274A (e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e) of the INA shall
be grounds for unilateral termination of the contract by Collier County.
Consultant attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration
Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding
with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated
by the Department of Homeland Security in partnership with the Social Security Administration at the time of
submission of the Consultant's/ Bidder's proposal.
Company Name
Print Name Title
Signature Date
State of
County of
The foregoing instrument was signed and acknowledged before me this day of , 20 , by
who has produced as identification.
(Print or Type Name) (Type of Identification and Number)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
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corker county
Administrative services Division
Purchasing
Attachment 6: Consultant Substitute W—9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address City
State Zip
Telephone FAX Email
Order Information Remit/Payment Information
Address Address
City State Zip City State Zip
FAX FAX
Email Email
2. Company Status (check only one)
Individual/Sole Proprietor _Corporation _Partnership
Tax Exempt (Federal income tax-exempt entity Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c) 3) Enter the tax classification
(D =Disregarded Entity, C=Corporation, P= Partnership)
3. Taxpayer Identification Number(for tax reporting purposes only)
Federal Tax Identification Number(TIN)
(Consultants who do not have a TIN, will be required to provide a social security number prior to an award of the
contract.)
4. Sign and Date Form: Certification: Under penalties of perjury, I certify that the information shown on this form is correct to
my knowledge.
Signature Date
Title Phone Number
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Co e- C►,mty
Adrr riistrati#e Services Division
Purchasing
Attachment 7: Insurance and Bonding Requirements
Insurance/Bond Type Required Limits
1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. ® Employer's Liability $500.000 single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/
Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including,
but not limited to, reasonable attorneys'fees and paralegals'fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the ContractorNendor/Consultant or anyone employed or utilized
by the ContractorNendor/Consultant in the performance of this Agreement.
This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. This section does not
pertain to any incident arising from the sole negligence of Collier County.
4. ®Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. ® Other insurance as ❑Watercraft $ Per Occurrence
noted:
El United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
® Professional Liability $1,000,000 per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
❑Valuable Papers Insurance $ Per Occurrence
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
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cashiers' check or an irrevocable letter of credit, a cash bond posted with me
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 Date
Consultant
Signature
Print Name
Insurance Agency
Agent Name Telephone Number
Collier County
Adrn,nisTrative Services DRvisibn
Ducha;ing
Attachment 8: Reference Questionnaire
Solicitation: RFP 14-6221 CEI & Related Services— US41 from CR951 to Greenway
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Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name: Company:
(Evaluator completing reference questionnaire) (Evaluator's Company completing reference)
Email: FAX: Telephone:
Collier County is implementing a process that collects reference information on firms and their key personnel to be used in
the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a
client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of
your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual
again)and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not
have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored"0."
Project Description: Completion Date:
Project Budget: Project Number of Days:
Item Citeria Score
1 Ability to manage the project costs (minimize change orders to scope).
2 Ability to maintain project schedule(complete on-time or early).
3 Quality of work.
4 Quality of consultative advice provided on the project.
5 Professionalism and ability to manage personnel.
6 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
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EXHIBIT A
Scope of Work, Specifications and Response Format
Brief Description
The construction engineering inspection (CEI) services will include, but not limited to, construction observation,
daily log and construction documentation, photographic record, general coordination, construction progress
meetings, observe inspections, substantial and final completion inspections, final construction certification,
general project management, monitor project records, certifications, and manage as-constructed field
drawings.
Estimated Construction cost: $5.2 million.
Background
The purpose is to provide a lead CEI inspector and an alternate to coordinate with the Florida Department of
Transportation (FDOT) CEI team for the relocation of Collier County Water-Sewer District (CCWSD) water and
wastewater infrastructure along US41 between CR951 and Greenway Road. The relocations will be
performed by the FDOT highway contractor. The entire three and a half miles of water main and force main
will be relocated and need to be inspected.
The proposing firm's designated inspector (and their alternate) shall have experience providing CEI services
within the CCWSD using the Collier County Utilities Standards Manual, working with FDOT, and be familiar
with the Florida Department of Environmental Protection (FDEP) permitting procedures.
Detailed Scope of Work
TASK I —OBSERVATION AND DOCUMENTATION
1.1. Construction Observation — Inspector will coordinate with the FDOT CEI team and conduct on-site
observations and inspections of all CCWSD infrastructure construction activities (including overnight tie-
ins) on the project to ensure that all work is completed in accordance with the Contract Documents. The
Inspector will inform an on-site representative of the construction contractor of any concerns related to
conformance of the CCWSD work with the Contract Documents (a concern or an Issue) as an attempt to
resolve any concern or issue on-site. If the concern or issue is not immediately resolved in the field, the
Inspector shall inform the COUNTY Project Manager in writing about the concern or issue within eight (8)
business hours, but not more than one business day after the discovery of any concern or issue. This
protocol will be initiated any time the Inspector becomes aware of any construction that is unsatisfactory,
faulty or defective, does not conform to the Contract Documents, does not meet the requirements of any
inspections, tests or approval required to be made, or has been damaged before final payment. Inspector
will maintain a separate Issue Resolution Log documenting any issue or concern that is conveyed in writing
to the COUNTY Project Manager, including any written directive resolving the issue or concern.
1.2. Daily Log and Construction Documentation — Inspector will prepare a daily log recording activities and
details related to the CCWSD work on a form approved in advance by the COUNTY and the FDOT CEI
(this may include use of FDOT's Site Manager program). Information will be recorded in the daily log on
each day construction activities occur. The daily log entries will record all aspects of the CCWSD
infrastructure construction during that day including, but not limited to: construction crew (labor) details,
equipment used, materials used, compliance testing and inspection performed, site conditions, trench
conditions, backfill material used, dewatering methods, compaction methods, location of the work, and all
relevant details related to the CCWSD Work. The Daily Log will reference the digital photographs and or
video taken with appropriate file names and file locations. In addition to the construction details, the daily
log will contain information related to: time and hours on the job site, weather conditions, data pertaining to
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questions of quantities of materials used, extras or deductions, list of visiting officials and representatives of
manufacturers, fabricators, suppliers and distributors, observations in general and specific observations in
more detail as in observing test procedures, conformance inspection of materials and fitting, name plate
data for equipment and material installed, and other information requested by the COUNTY. The daily log,
photograph files and other construction documentation will be provided to the COUNTY by the CEI on a
weekly basis on the first day of the week following the week of daily logs.
1.3. Photographic Record — Inspector will provide a comprehensive digital photographic record of CCWSD
construction activities related to the Project. The digital file names will be referenced in the daily log along
with a brief description of the photograph, the date and time of the photograph and the name of the
photographer. The digital files will be submitted weekly to the COUNTY along with the construction
documentation. Video, if taken to identify issues not easily determined by photograph, will be provided in
digital format.
1.4. General Coordination — CEI will coordinate all activities related to the multiple-Beneficial Use of
completed segments between the construction contractor, the CEI and the COUNTY. CEI will oversee
substantial and final completion inspections, and prepare and maintain the punch list, including follow-up
inspections to ensure that punch list items are corrected and/or completed.
1.5. Construction Progress Meetings —The CEI will attend scheduled FDOT progress meetings chaired by
the FDOT CEI, with the construction contractor and the COUNTY to review project status and identify
issues that may affect the Project.
1.6. Observe Inspections — The CEI will accompany visiting inspectors representing any regulatory
agencies having jurisdiction over the Project and will record all discussions and the outcome of these
regulatory inspections in the daily logs.
1.7. Substantial and Final Completion Inspections—The CEI will conduct substantial completion inspections
when requested by the construction contractor. During the substantial completion inspection the Inspector
will prepare a punch list of items requiring completion or correction to the satisfaction of the CEI and the
COUNTY. The CEI will be responsible for maintaining the punch-list and issuing updates to the punch-list
on a weekly basis. The CEI will coordinate and participate in the final walk-through to ensure that the
punch-list items are completed to the satisfaction of the CEI and the COUNTY. Upon the request of the
construction contractor and concurrence of the COUNTY Project Manager, the CEI will conduct final
completion inspections of portions of the project, as they are finished to determine if construction has been
completed in accordance with the Contract Documents and the construction contractor has fulfilled all
obligations therein. Based on the results of the final inspection, the CEI will judge the work complete or not
complete. If the work is judged complete, the CEI will issue a "notice of final acceptance and
recommendation for final payment". If the work is judged not complete, the CEI will issue written
instructions to the construction contractor identifying the work judged not complete. Upon provision of the
construction contractor evidence or assurance that the deficiencies noted above have been corrected or
completed, a second final inspection will be scheduled to verify that the outstanding issues have been
resolved and the CEI can issue a "notice of final acceptance and recommendation for final payment".
1.8. Final Construction Certification — Upon issuance of a "notice of final acceptance and recommendation
for final payment" the CEI will provide a signed and sealed certification by a professional engineer in
responsible charge of the work provided by the Inspector stating that the "Project has been completed by
the construction contractor in accordance with the Plans and Specifications of the Contract Documents as
amended".
TASK II — CEI PROJECT MANAGEMENT SERVICES
1.9. General Project Management — The CEI will provide support services customarily related to the
construction observation and inspection of similar projects including, but not limited to:
1.9.1. Participate in other meetings as described or implied herein.
RFP 14-6221 CEI SVCS US 41 to Greenway
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5/13/2014 16.C.5.
1.9.2. Coordinate with FDOT CEI and review the construction contractor's monthly applications
for payment and accompanying data and recommend approval of payments due to the
construction contractor. The CEI's recommendation of any payment requested in an application
for payment shall constitute a representation by the CEI to the COUNTY as an experienced and
qualified professional, that based on CEI's onsite observations and inspections of construction
in progress; that the construction quantities in the applications for payment accurately reflects
the progress of the work and that the payment is for work constructed in accordance with the
Contract Documents. The CEI will process pay requests in coordination with the FDOT CEI.
1.9.3. The CEI will provide such field testing and verification that all materials, equipment and
supplies installed or utilized on the Project are in full accordance with the Contract Documents
and approved Shop Drawings provided by the ENGINEER.
1.9.4. Within one month after the construction contractor completes all punchlist items to the
satisfaction of the Inspector and the COUNTY and the CCWSD work is substantially complete in
accordance with the Contract Documents, the CEI will provide a signed and sealed certification
by a professional engineer registered in the State of Florida, that the Work was done under his
supervision and performed in accordance with the Contract Documents, including all approved
shop drawings and change orders except as noted.
1.10. Monitor Project Records — The CEI shall monitor all required Project records, including but not
limited to delivery schedules, inventories and construction reports.
1.11. Certifications — The CEI shall prepare and submit certification packages to FDEP prior to close-
out of the project.
1.12. As-Constructed Field Drawings — Inspector shall maintain red pencil "mark-up" notations and
sketches on construction plans that reflect the actual details of constructed facilities. These
Constructed Field Drawings will be used by the CEI to validate the "As Built" documentation provided
by the construction contractor. The CEI will notify the ENGINEER and the construction contractor of
any differences in the documents maintained by the general contractor and the CEI on a weekly basis
for resolution by the ENGINEER.
RFP 14-6221 CEI SVCS US 41 to Greenway
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5/13/2014 16.C.5.
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