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Agenda 06/10/2014 Item #16B1 6/10/2014 16.B.1. EXECUTIVE SUMMARY Recommendation to approve a contract with RWA Consultants, Inc., in the amount of $390,148 under " equest for Proposal "RFP" #13-6012 for the "Streetscape Improvements Design of Thomasson Drive and Hamilton Avenue." OBJECTIVE: To obtain professional design services for RFP#13-6012 "Streetscape Improvements Design of Thomasson Drive and Hamilton Avenue" project. CONSIDERATIONS: The Bayshore Beautification MSTU selected the Thomasson Drive and Hamilton Avenue corridors for a beautification project that would include bicycle and pedestrian improvements. The project boundaries are the right-of-way along Thomasson Drive from Orchard Lane heading west to Hamilton Avenue ending at Bay Street. This corridor is used by many school children to walk to Avalon Elementary School and to area parks, as well as other pedestrian and bicycle recreational users. The improvements include a shared use pathway on both sides of the road, medians and traffic separators, improved (green) bicycle lanes, lighting, landscaping, driveway aprons and stormwater improvements. On October 8, 2013, as Agenda Item 16B2, the Board of Commissioners approved the selection committee rankings as follows: #1) Atkins North America, Inc. and tied as #2) Q. Grady Minor and Associates, PA and RWA Consultants, Inc., and authorized staff to enter into contract negotiations. In accordance with standard RFP terms, in the event of a tie, the firm with the lowest paid dollars by Collier County to the Consultant within the last five (5) years will receive the higher individual ranking. Based on that information, RWA was deemed to be the second ranked firm. Staff was unable to reach an acceptable fee with Atkins North America, Inc., due to non-response on the Consultant's part and ceased negotiations. In accordance with the requirements of the CCNA, Staff moved forward with negotiations with the second ranked firm, RWA Consultants, Inc. and successfully negotiated a �ontract in the amount of$390,148.00, subject to Board approval. At the April 1, 2014, meeting of the Bayshore Beautification MSTU advisory committee, the committee voted unanimously to approve awarding the contract for RFP #13-6012 to RWA Consultants, Inc., in the amount of $390,148.00. Staff recommends award of RFP#13-6012 to RWA Consultants, Inc. in the amount of$390,148.00. FISCAL IMPACT: Sufficient funds are budgeted in the in Bayshore Beautification MSTU Fund (163) to fund the recommended award. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT RECOMMENDATION: That the Board of County Commissioners approve a contract with RWA Consultants, Inc., in the amount of $390,148.00 under RFP 13-6012, for the "Streetscape Improvements Design of Thomasson Drive and Hamilton Avenue," to waive minor inconsistencies between the RFP document and the contract, and authorize the Chairman to sign and execute the attached contract after final review by the County Attorney's Office. Prepared by: Ashley Caserta, Project Manager, Bayshore Beautification MSTU t'Attachments: 1) 13-6012 Contract; 2) 13-6012 Solicitation; 3) 13-6012 Final Ranking Packet Page-1095- 6/10/2014 16.B.1. COLLIER COUNTY • Board of County Commissioners Item Number: 16.16.8.16.8.1. Item Summary: Recommendation to approve a contract with RWA Consultants, Inc., in the amount of$390,148 under Request for Proposal "RFP" #13-6012 for the "Streetscape Improvements Design of Thomasson Drive and Hamilton Avenue." Meeting Date: 6/10/2014 Prepared By Name: CasertaAshley Title: Project Manager, CRA, County Redevelopment Agency 5/29/2014 4:16:09 PM Submitted by Title:Project Manager, CRA, County Redevelopment Agency Name: CasertaAshley 5/29/2014 4:16:10 PM Approved By Name: JourdanJean Title: Project Manager, County Redevelopment Agency Date: 6/2/2014 9:52:52 AM Name: JohnsonScott Title: Manager-Procurement, Purchasing&General Services Date: 6/2/2014 12:13:12 PM Name: WardKelsey Title:Manager-Procurement,Purchasing&General Services Date: 6/2/2014 1:01:52 PM Name: JohnsonScott Title: Manager-Procurement, Purchasing&General Services Date: 6/3/2014 12:32:16 PM Packet Page-1096- 6/10/2014 16.B.1. Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 6/3/2014 4:03:56 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/3/2014 5:02:06 PM Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 6/4/2014 10:03:38 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 6/4/2014 11:46:31 AM Packet Page-1097- 6/10/2014 16.B.1 . REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. COIL- Ca Patty Administrative Services Division Purchasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CCNA Solicitation #14-6190 Golden Gate City •� Stormwater Drainage Improvement Project Engineering Design Evelyn Colon, Procurement Strategist 239-252-2667(Telephone) 239-252-2810(Fax) evelyncolon @colliergov.net(Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Gc�� t Purchaspv D.4artrrwnt•3327 Tamiami Trail cast•Naples,Florida 34112-4901•www.colliergov.ne1/purchasing CCNA(Revision 07012013) Packet Page-1098- 6/10/2014 16.B.1 . LEGAL NOTICE 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS 13 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 17 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP 21 ATTACHMENT 1: CONSULTANT'S NON-RESPONSE STATEMENT 28 ATTACHMENT 2: CONSULTANT CHECK LIST 29 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT 30 ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT 31 ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION 33 ATTACHMENT 6: CONSULTANT SUBSTITUTE W—9 34 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS 35 ATTACHMENT 8: REFERENCE QUESTIONNAIRE 37 #14-6190 RFP_CCNATemplate 2 Packet Page-1099- 6/10/2014 16.B.1 . Co irlEt l - County Administrative Services Division Purchasing Legal Notice Pursuant to approval by the County Manager, Sealed Proposals to provide Professional Engineering Design Services for Golden Gate City Stormwater Drainage Improvement Project Engineering Design will be received until 3:00 PM, Naples local time, on December 20th, 2013 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. CCNA Solicitation # 14-6190 Golden Gate City Stormwater Drainage Improvement Project Engineering Design Services to be provided may include, but not be limited to the following: Develop the individual engineering designs for each quadrant and subsystem including, but not limited to, the following three (3) phases of work performed by the consultant: • Phase 1: Stormwater Replacement System Design • Phase 2: Equivalent Capacity Analysis • Phase 3: Post Design Services A non-mandatory pre-proposal conference will be held on December 4th, 2013, commencing promptly at 11:00 AM, and will be held in the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 All statements should be made upon the official proposal form which must be obtained only on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Interim Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.collierclov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County Government Center on November 20th, 2013. #14-6190 RFP_CCNATemplate 3 Packet Page-1100- 6/10/2014 16.B.1 . Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Transportation Department (hereinafter, the "Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase The selected consultant(s) shall perform comprehensive engineering designs of the County- owned stormwater system within the specified quadrant boundaries to establish the basis of design for system renovations. Upon completion of the comprehensive engineering designs, the selected consultant(s) will perform selective equivalent capacity analyses and construction- related support services. This solicitation anticipates the selection of four professional engineering firms to conduct the referenced professional services for four specific quadrant boundaries (one firm for each quadrant), namely, the following: 1) Northwest Golden Gate City; 2) Northeast Golden Gate City; 3) Southwest Golden Gate City; and 4) Southeast Golden Gate City. Assignment of each quadrant will be determined in order of final ranking, each firm will be assigned a quadrant according to size and scope complexity. Background In 2010, Collier County Transportation Division, Stormwater Department contracted for a Golden Gate City Stormwater System Inventory and Master Plan. This work inventoried the existing Stormwater facility and divided the four (4) square mile "City" (actually not a city, but part of Collier County) into four (4) quadrants of one (1) square mile each. These are the northwest, northeast, southwest and southeast quadrants, which are further divided by the Master Plan into subsystems. The Inventory analyzed the condition of the Stormwater structures and pipes. The Master Plan spelled out the orderly replacement of the existing Stormwater system with priorities for budget costs. No Stormwater modeling was done, as it was intended to be a rehabilitation/replacement program. The majority of the system is in fair to poor condition and is at the end of its useful life. Most of the existing underground piping is corrugated metal with concrete "pillbox" catch basins. The Transportation Engineering Department (TE) of the Growth Management Division has a program funded annually for the upgrading of the County's Stormwater System. The program areas are the four quadrants of Golden Gate City, which were originally constructed in the 1960's and are now functionally obsolete. Historically, TE's rehabilitation approach was to focus on critical facilities, upgrading the "worst first." The TE Department has identified a hierarchy of areas needing rehabilitation known as subsystems. In order to effectively and efficiently design rehabilitation projects, TE has decided r-� #14-6190 RFP_CCNATemplate 4 Packet Page-1101- 6/10/2014 16.B.1 . to follow this hierarchy and design the projects based on condition relative to other County projects and adequate funding. Initially this program will focus on the improvements design and then the construction phases. Detailed Scope of Work The County is interested in contracting with the most qualified firms to design and implement the Work Program for the four initial distinct quadrants. Each subsystem within the individual quadrant shall include three general phases of work (as described below), and the contract will not be completed until the County has accepted final construction completion on each geographical area (quadrant). The work will include engineering design of the stormwater system and also may include surveying, lighting, sidewalks, and roadway improvements. The County reserves the right to select one (1), two (2) three (3) or four (4) firms to perform and coordinate all work in the geographical areas. Should the County decide to hire multiple consulting firms, it is expected that the selected firms will work cooperatively with the other firms to provide best value services to the Growth Management Division and will share "lessons learned" for the benefit of the County's taxpayers. Phase 1: Stormwater Replacement System Design The selected Consultant shall design the rehabilitation program, assist with bid process and recommend a Construction Contractor to execute the program within the quadrant; and • Prepare bid/quote documents for stormwater subsystem renovations; and • Observe and provide oversight. The following Phases are included as part of the scope of work. Phase 1.1 — Design Phase a. On the basis of the accepted Master Plan layout, Consultant will prepare preliminary and final drawings and specifications which provide the general scope, extent and character of the work to be furnished and performed by the Contractor. Consultant will prepare and submit drawings and specifications at the 60 and 100 percent complete stages for review and approval. An engineer's opinion of probable construction cost will accompany each submittal. Technical specifications will be based on the 16-Division format of the Construction Specifications Institute (CSI) in MS Word format. In addition to technical specifications, the selected Consultant will coordinate with County to develop necessary General Conditions, Supplemental Conditions, and Special Provisions Specifications will be developed specifically for the project being constructed. Standard Collier County Specifications may be used for reference but the selected Consultant shall not rely on them as a replacement for sound engineering judgment and responsibility. Documents shall include drawings and project specifications ready for bidding, consistent with Collier County standards, including the following: 1) Cover sheet, index and key map 2) Civil Site Plan #14-6190 RFP_CCNATemplate 5 Packet Page-1102- 6/10/2014 16.B.1 . 3) Civil Details b. Furnish copies of Contract Documents that include engineering drawings and specifications. Present and review them in person with the County at the 60 percent completion stage in the project and make appropriate changes. Phase 1.2 -- Bidding and Award Phase (IF APPLICABLE) With the exception of the following, bid/quote services will be performed by the Collier County Purchasing Department. Consultant will assist the County with the following: a. Assist in preparing addenda, as required, to interpret, clarify, or expand the Bidding Documents. b. Consult with and advise the County as to the acceptability of the contractor and subcontractors, suppliers and other persons and organizations proposed by the Prime Contractor for those portions of the work as to which such acceptability is required by the Bidding Documents. c. Consult with the County concerning and determine the acceptability of substitute material and equipment proposed by the Contractor when substitution prior to the award of contracts is allowed by the Bidding Documents. d. Conduct a pre-bid/quote conference. e. Attend the bid opening, review bids, qualifications. f. Provide a recommendation of award. Phase 2: Equivalent Capacity Analysis Phase 2.1 —Verification of Equivalent Capacity In areas where existing easements do not provide adequate space between and adjacent to existing homes, the County may elect to facilitate rehabilitation of the stormwater piping system using an on-call contractor. This on-call contractor is able to clean, TV, and analyze the existing piping to determine its condition and whether it should be lined or repaired. This contractor is required to provide calculations that support the equivalent capacity of the piping. At that time, the County will require verification that the pipe to be lined meets the equivalent capacity of the existing pipe. This verification and analysis will be performed by the selected Consultant for that quadrant of the project. Phase 3— Post Design Services The selected Consultant shall be selectively involved in the construction process and shall interface with the County Construction Inspector and Project Manager. Phase 3.1 —Construction Observation and Documentation The selected Consultant (or activity observer) will provide the services outlined below. #14-6190 RFP_CCNATemplate 6 Packet Page-1103- 6/10/2014 16.B.1. Phase 3.2—Construction Progress Meetings The selected Consultant will attend on as-needed basis at the discretion of the County. Phase 3.3—Substantial Completion Inspections The selected Consultant will conduct substantial completion inspections when requested by the Construction Contractor, and the selected Consultant recommends that the work is sufficiently complete to warrant a substantial completion inspection. During the substantial completion inspection, the County's Construction Inspector will prepare a punch list of items requiring completion or correction to the satisfaction of the selected Consultant and the Project Manager. The County's Construction Inspector will be responsible for maintaining the punch list and issuing updates to the punch list on a weekly basis. The County's Construction Inspector will coordinate and participate in the final walk-through to ensure that the punch list items are completed to the satisfaction of the selected Consultant and the Project Manager. Phase 3.4— Final Completion Inspection Upon the request of the Construction Contractor and concurrence of the selected Consultant and the Project Manager, the County Construction Inspector will conduct final inspections of portions of the project as they are finished to determine if construction has been completed in accordance with the Contract Documents and the Construction Contractor has fulfilled all �—. obligations therein. Based on the results of the final inspection, the selected Consultant, Project Manager, and the County Construction Inspector will judge the work complete or not complete. If the work is judged complete, the County Construction Inspector will issue a "notice of final acceptance and recommendation for final payment". If the work is judged not complete, the County Construction Inspector will issue written instructions to the Construction Contractor identifying the work judged not complete. Upon provision of evidence or assurance by the Construction Contractor 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 County Construction Inspector can issue a "notice of final acceptance and recommendation for final payment". All services related to the Final Completion Inspection shall be provided to the Project Manager of the Project. Phase 3.5— Final Construction Certification Upon issuance of a "notice of final acceptance and recommendation for final payment" the County Construction Inspector will request a signed and sealed certification by a licensed professional in responsible charge of the work, stating that the "Project has been completed by the Construction Contractor in accordance with the Plans and Specifications of the Contract Documents as amended by the Engineer of Record." All services related to the Final Construction Certification shall be provided to the Project Manager of the Project. Phase 3.6—Construction and Project Oversight 3.6.1. General Management and Oversight — The selected Consultant will provide support .-� services customarily related to the construction of similar projects including, but not limited to: #14-6190 RFP_CCNATemplate 7 Packet Page-1104- 6/10/2014 16.B.1 . a. Participate in a pre-construction meeting with the Project Manager, selected Consultant, and the General Contractor. b. Participate in other meetings as described or implied herein on an as-needed basis. 3.6.2. Coordination of Shop Drawings, Contract Interpretations and Clarifications —The County Construction Inspector will coordinate with the selected Consultant regarding the issuance of interpretations and clarifications of Contract Documents during construction. The selected Consultant shall be responsible for technical review and decisions regarding interpretation and clarification of Contract Documents. The County Construction Inspector shall coordinate the selected Consultant's decisions and responses with the Construction Contractor. 3.6.3. As Constructed Field Drawings — The Construction Contractor shall maintain red pencil "mark-up" notations and sketches on full size construction plans that reflect the actual details of constructed facilities. These Constructed Field Drawings will be used by the County Construction Inspector to validate the "As Built" documentation provided by the Construction Contractor. The selected Consultant will review and approve the final "As-built" documents. Phase 3.7—Additional Services 3.7.1. Additional Services (only as authorized in writing) — In accordance with the contract or purchase order, in the event that other services may arise during the course of the work, but were not envisioned as part of the original or amended scope of work; selected Consultant shall submit a proposal to perform Additional Services prior to the performance of the work. The proposal shall include the specific services to be performed, time to complete, compensation, and an explanation as to why the services were not previously envisioned as part of the scope of work. The proposed Additional Services must be approved by the Project Manager in writing in advance of performance of said Additional Services. Failure to notify the Project Manager in writing of Additional Services shall be deemed a waiver of any claim by the selected Consultant that such services were Additional Services. Written authorization from the Project Manager will be required for any charges that exceed the predetermined upper limit. Term of Contract The term of this contract shall be for sixty (60) days following the final acceptance of the construction project associated with this agreement and no longer than fifteen (15) years, unless prior approval by the Board of County Commissioners. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The prices quoted on the Contractor's Proposal shall remain in effect for a period of five (5) years from the date of award by the Board of County Commissioners. Subsequently, at the discretion of the County and upon the written request of the Contractor at least thirty (30) days in advance, all prices may be adjusted on the anniversary date of the Agreement, based on the Consumer Price Index-South Region. #14-6190 RFP_CCNATemplate 8 Packet Page-1105- 6/10/2014 16.B.1 . Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice November 20, 2013 Last Date for Receipt of Written Questions December 10, 2013 @ 3:00 PM Non-mandatory pre-solicitation meeting December 4, 2013 @ 11:00 AM Addendum Issued Resulting from Written Questions or Pre-Proposal December 13, 2013 Conference Solicitation Deadline Date and Time December 20, 2013 © 3:00 PM Anticipated Evaluation of Submittals January 2014 Anticipated Completion of Contract Negotiations February 2014 Anticipated Board of County Commissioner's Contract Approval Date March 2014 Response Format The Consultant understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Consultant further agrees that if the contract is awarded the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Consultant's approach and ability to meet the County's needs, as stated in the RFP. All proposals should be presented as described in the RFP in PDF or Microsoft Word format with Tabs clearly marked. If applicable, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below are to be submitted with each proposal and submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Consultant to include all listed items may result in the rejection of its proposal. 1. Tab I, Cover Letter/ Management Summary In this tab, include: #14-6190 RFP_CCNATemplate 9 Packet Page-1106- 6/10/2014 16.B.1 . • In no more than two pages (executive summary), briefly describe the overall project approach and the firm's experience in providing the requested services as identified in this RFP. 2. Tab II, Project Understanding Approach (45 Points) In this tab, include: • Project Understanding - Describe the background of the project and the local circumstances driving the need for this program. • Key Issues - Describe the key issues anticipated for this project and summarize your approach to them and your experience dealing with similar issues on other projects. • Overall Approach - Present an overview of the your project approach and map the program process from beginning to end, including building public trust and maintaining public communications throughout the project. • Technical Approach - Provide a detailed step-by-step description of how you will work through this program development process. • Areas Requiring Special Consideration - Highlight how you will address project areas of broad importance to Collier County and its stakeholders. • Staffing and Location of Work - Show the depth of the team's resources and where the project will be managed. • Program Timeline - Describe the firm's timeline for completing the three phases of work in the Project. • Representative Projects - Provide a sample of a work product that is of similar nature to the County's scope of work contained in this RFP. 3. Tab III, Technical Team (35 Points) In this tab, include: • Provide an Organizational Chart of the Project Team (excluding Collier County staff) including subconsultants. • Provide Team Member Profiles - Provide resumes for all of the full time staff members assigned to the Collier County Golden Gate City Stormwater Drainage Improvement Project Engineering Design for all of the three phases of work; identify the specific staff assigned to each of the phases. • Provide the percentage of subconsultant percentages expected to use for the three phases and describe the discipline/work. 4. Tab IV, Location, Availability and Responsiveness (10 Points) The selected Consultant(s) will be required to interface with the Transportation Engineering staff on a daily or more frequent basis. Collier County has concluded that selecting a local (Collier and Lee Counties) consultant 1) is in its best interest to contain costs, 2) minimizes Phase completion time frames, and 3) results in higher quality of professional services due to their knowledge and understanding of local geography and topology. Illustrate how available and how responsive the selected Consultant's team members will be for this program. Firms having a local office (Collier and Lee Counties) will receive the maximum number of points (10). Firms having office their office located within 75 miles of the Collier #14-6190 RFP_CCNATemplate 10 Packet Page-1107- 6/10/2014 16.B.1 . County Government complex will receive 5 points. Firms having an office beyond 75 miles will not receive any points under this category. 5. Tab V, References—Completed and Returned (10 Points) In order for the Consultant to be awarded any points for this tab, the County requests that the Consultant submit 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. For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Consultant Total Consultant Name Points Awarded Reference Score Consultant ABC 445 20 Consultant DEF 435 19.6 Consultant GHI 425 19.1 Consultant JKL 385 17.3 Consultant MNO 385 17.3 Consultant PQR 250 11.2 Note:Sample chart reflects a 20 point reference criterion. The points awarded by Consultant will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Consultant's proposal to ensure consistency and completion of all Phases 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 #14-6190 R F P_CC NATem plate 11 Packet Page-1108- 6/10/2014 16.B.1 . 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 1: Consultant's Non-Response Statement • 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 W-9 • Attachment 7: Insurance Requirements • Attachment 8: Reference Questionnaire • Other: License, Informational Materials, Signed Addenda #14-6190 RFP_CCNATemplate 12 Packet Page-1109- 6/10/2014 16.B.1. Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.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. #14-6190 RFP_CCNATemplate 13 Packet Page-1110- 6/10/2014 16.B.1 . 6. Delivery of Proposals All proposals are to be delivered before 3:00PM, Naples local time, on or before December 20th, 2013 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Evelyn Colon, Procurement Strategist The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the Purchasing/General Services Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Consultants must submit two (2) paper copy clearly labeled "Master," and six (6) compact disks (CD's) with one copy of the proposal on each CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Consultant makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution Number 2007-340 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. #14-6190 RFP_CCNATemplate 14 Packet Page -1111- 6/10/2014 16.B.1 . 9. Evaluation of Proposals Collier County will evaluate and select these Services in accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. The County's procedure for selecting is as follows: 1. The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Strategist will publicly post prior notice of such meeting in the lobby of the Purchasing Building. 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice will be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and will endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. Collier County will consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, interviews, or oral presentations. 8. The Selection Committee, as approved by the County Manager or designee, will review, evaluate and rank all responsive proposals received from Proposers responding to this RFP. The committee members will score each Proposal in accordance with the rating criteria set forth below and may, at their discretion, schedule presentations from any firms submitting a proposal. Consultant(s) shall have an opportunity to discuss their qualifications, approach to the project and ability to furnish services for the scope of work outlined in this solicitation during the publicly announced Selection Committee Meeting prior to the final ranking. This discussion does not preclude the County from having additional presentations by ranked firms at the County's sole discretion. 9. The Selection Committee will rank qualified firms in order of preference and by consensus using all information presented to the Committee, choose the top ranked firm and will subsequently enter into negotiations with the top ranked firm. Award of the contract is dependent upon the successful and full execution of a mutually agreed contract. 10. Negotiations shall begin with the top-ranked firm(s) in accordance with Florida Statute 287.055. 11. Upon the successful completion of negotiations, contracts will be presented to the Board of County Commissioners for approval. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may #14-6190 RFP_CCNATemplate 15 Packet Page-1112- 6/10/2014 16.B.1 . deem appropriate, including, but not limited, to requesting supplemental proposal information. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Consultant nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances may not be considered. 10. References The County reserves the right to contact any and all references submitted as a result of this solicitation. 11. Proposal Selection Committee and Evaluation Factors The County Manager or designee will appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab II, Project Understanding Approach 45 Tab III, Technical Team 35 Tab IV, Location, Availability and Responsiveness 10 Tab V, References 10 TOTAL 100 Points Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the Consultant (as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the Consultant, subject to verification at the County's option. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and Collier County. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Consultant, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Consultant or to re-advertise using the same or revised documentation, at its sole discretion. #14-6190 RFP_CCNATemplate 16 Packet Page-1113- 6/10/2014 16.B.1. Exhibit Ill: Collier County Purchase Order Terms and Conditions 1. Offer a) All goods are FOB destination and must This offer is subject to cancellation by the be suitably packed and prepared to COUNTY without notice if not accepted by secure the lowest transportation rates CONSULTANT within fourteen (14) days of and to comply with all carrier issuance. regulations. Risk of loss of any goods sold hereunder shall transfer to the 2. Acceptance and Confirmation COUNTY at the time and place of This Purchase Order (including all delivery; provided that risk of loss prior documents attached to or referenced to actual receipt of the goods by the therein) constitutes the entire agreement COUNTY nonetheless remain with between the parties, unless otherwise CONSULTANT. specifically noted by the COUNTY on the b) No charges will be paid by the COUNTY face of this Purchase Order. Each delivery for packing, crating or cartage unless of goods and/or services received by the otherwise specifically stated in this COUNTY from CONSULTANT shall be Purchase Order. Unless otherwise deemed to be upon the terms and conditions provided in Purchase Order, no invoices contained in this Purchase Order. shall be issued nor payments made prior to delivery. Unless freight and No additional terms may be added and other charges are itemized, any Purchase Order may not be changed except discount will be taken on the full amount by written instrument executed by the of invoice. COUNTY. CONSULTANT is deemed to be c) All shipments of goods scheduled on the on notice that the COUNTY objects to any same day via the same route must be additional or different terms and conditions consolidated. Each shipping container contained in any acknowledgment, invoice must be consecutively numbered and or other communication from marked to show this Purchase Order CONSULTANT, notwithstanding the number. The container and Purchase COUNTY'S acceptance or payment for any Order numbers must be indicated on bill delivery of goods and/or services, or any of lading. Packing slips must show similar act by CONSULTANT. Purchase Order number and must be included on each package of less than 3. Inspection container load (LCL) shipments and/or All goods and/or services delivered with each car load of equipment. The hereunder shall be received subject to the COUNTY reserves the right to refuse or COUNTY'S inspection and approval and return any shipment or equipment at payment therefore shall not constitute CONSULTANT'S expense that is not acceptance. All payments are subject to marked with Purchase Order numbers. adjustment for shortage or rejection. All CONSULTANT agrees to declare to the defective or nonconforming goods will be carrier the value of any shipment made returned pursuant to CONSULTANT'S under this Purchase Order and the full instruction at CONSULTANT'S expense. invoice value of such shipment. d) All invoices must contain the Purchase To the extent that a purchase order requires Order number and any other specific a series of performances by CONSULTANT, information as identified on the the COUNTY prospectively reserves the Purchase Order. Discounts of prompt right to cancel the entire remainder of the payment will be computed from the date Purchase Order if goods and/or services of receipt of goods or from date of provided early in the term of the Purchase receipt of invoices, whichever is later. Order are non-conforming or otherwise Payment will be made upon receipt of a rejected by the COUNTY. proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise 4. Shipping and Invoices known as the "Local Government Prompt Payment Act," and, pursuant to #14-6190 RFP_CCNATemplate 17 Packet Page-1114- 6/10/2014 16.B.1 . the Board of County Commissioners Purchasing Policy. 8. Statutory Conformity 5. Time Is Of the Essence Goods and services provided pursuant to Time for delivery of goods or performance of this Purchase Order, and their production services under this Purchase Order is of the and transportation shall conform to all essence. Failure of CONSULTANT to meet applicable laws, including but not limited to delivery schedules or deliver within a the Occupational Health and Safety Act, the reasonable time, as interpreted by the Federal Transportation Act and the Fair COUNTY in its sole judgment, shall entitle Labor Standards Act, as well as any law or the COUNTY to seek all remedies available regulation noted on the face of the Purchase to it at law or in equity. CONSULTANT Order. agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. 9. Advertising CONSULTANT further agrees that No CONSULTANT providing goods and undiscovered delivery of nonconforming services to the COUNTY shall advertise the goods and/or services is not a waiver of the fact that it has contracted with the COUNTY COUNTY'S right to insist upon further for goods and/or services, or appropriate or compliance with all specifications. make use of the COUNTY'S name or other identifying marks or property without the 6. Changes prior written consent of the COUNTY'S The COUNTY may at any time and by Purchasing Department. written notice make changes to drawings and specifications, shipping instructions, 10. Indemnification quantities and delivery schedules within the CONSULTANT shall indemnify and hold general scope of this Purchase Order. harmless the COUNTY from any and all Should any such change increase or claims, including claims of negligence, costs decrease the cost of, or the time required for and expenses, including but not limited to performance of the Purchase Order, an attorneys' fees, arising from, caused by or equitable adjustment in the price and/or related to the injury or death of any person delivery schedule will be negotiated by the (including but not limited to employees and COUNTY and CONSULTANT. agents of CONSULTANT in the performance Notwithstanding the foregoing, of their duties or otherwise), or damage to CONSULTANT has an affirmative obligation property (including property of the COUNTY to give notice if the changes will decrease or other persons), which arise out of or are costs. Any claims for adjustment by incident to the goods and/or services to be CONSULTANT must be made within thirty provided hereunder. (30) days from the date the change is ordered or within such additional period of 11. Warranty of Non-Infringement time as may be agreed upon by the parties. CONSULTANT represents and warrants that all goods sold or services performed under 7. Warranties this Purchase Order are: a) in compliance CONSULTANT expressly warrants that the with applicable laws; b) do not infringe any goods and/or services covered by this patent, trademark, copyright or trade secret; Purchase Order will conform to the and c) do not constitute unfair competition. specifications, drawings, samples or other descriptions furnished or specified by the CONSULTANT shall indemnify and hold COUNTY, and will be of satisfactory material harmless the COUNTY from and against and quality production, free from defects and any and all claims, including claims of sufficient for the purpose intended. Goods negligence, costs and expense, including shall be delivered free from any security but not limited to attorneys' fees, which arise interest or other lien, encumbrance or claim from any claim, suit or proceeding alleging of any third party. These warranties shall that the COUNTY'S use of the goods and/or survive inspection, acceptance, passage of services provided under this Purchase Order title and payment by the COUNTY. are inconsistent with CONSULTANT'S #14-6190 RFP_CCNATemplate 18 Packet Page -1115- 6/10/2014 16.B.1 . representations and warranties in section 11 14. Force Majeure (a). Neither the COUNTY nor CONSULTANT shall be responsible for any delay or failure If any claim which arises from in performance resulting from any cause CONSULTANT'S breach of section 11 (a) beyond their control, including, but without has occurred, or is likely to occur, limitation to war, strikes, civil disturbances CONSULTANT may, at the COUNTY'S and acts of nature. When CONSULTANT option, procure for the COUNTY the right to has knowledge of any actual or potential continue using the goods or services, or force majeure or other conditions which will replace or modify the goods or services so delay or threatens to delay timely that they become non-infringing, (without performance of this Purchase Order, any material degradation in performance, CONSULTANT shall immediately give notice quality, functionality or additional cost to the thereof, including all relevant information COUNTY). with respects to what steps CONSULTANT is taking to complete delivery of the goods 12. Insurance Requirements and/or services to the COUNTY. The CONSULTANT, at its sole expense, shall provide commercial insurance of such 15. Assignment type and with such terms and limits as may CONSULTANT may not assign this be reasonably associated with the Purchase Purchase Order, nor any money due or to Order. Providing and maintaining adequate become due without the prior written insurance coverage is a material obligation consent of the COUNTY. Any assignment of the CONSULTANT. All insurance policies made without such consent shall be deemed shall be executed through insurers void. authorized or eligible to write policies in the State of Florida. 16. Taxes Goods and services procured subject to this 13. Compliance with Laws Purchase Order are exempt from Florida In fulfilling the terms of this Purchase Order, sales and use tax on real property, transient CONSULTANT agrees that it will comply rental property rented, tangible personal with all federal, state, and local laws, rules, purchased or rented, or services purchased codes, and ordinances that are applicable to (Florida Statutes, Chapter 212), and from the conduct of its business. By way of non- federal excise tax. exhaustive example, this shall include the American with Disabilities Act and all 17. Annual Appropriations prohibitions against discrimination on the The COUNTY'S performance and obligation basis of race, religion, sex creed, national to pay under this Purchase Order shall be origin, handicap, marital status, or veterans' contingent upon an annual appropriation of status. Further, CONSULTANT funds. acknowledges and without exception or stipulation shall be fully responsible for 18. Termination complying with the provisions of the This Purchase Order may be terminated at Immigration Reform and Control Act of 1986 any time by the COUNTY upon 30 days as located at 8 U.S.C. 1324, et seq. and prior written notice to the CONSULTANT. regulations relating thereto, as either may be This Purchase Order may be terminated amended. Failure by the awarded firm(s) to immediately by the COUNTY for breach by comply with the laws referenced herein shall CONSULTANT of the terms and conditions constitute a breach of the award agreement of this Purchase Order, provided that and the County shall have the discretion to COUNTY has provided CONSULTANT with unilaterally terminate said agreement notice of such breach and CONSULTANT immediately. Any breach of this provision has failed to cure within 10 days of receipt of may be regarded by the COUNTY as a such notice. material and substantial breach of the contract arising from this Purchase Order. 19. General #14-6190 RFP_CCNATemplate 19 Packet Page-1116- 6/10/2014 16.B.1. a) This Purchase Order shall be governed for notice by written notice complying by the laws of the State of Florida. The with the requirements of this section. venue for any action brought to d) The CONSULTANT agrees to specifically enforce any of the terms and reimbursement of any travel expenses conditions of this Purchase Order shall that may be associated with this be the Twentieth Judicial Circuit in and Purchase Order in accordance with for Collier County, Florida Florida Statute Chapter 112.061, Per b) Failure of the COUNTY to act Diem and Travel Expenses for Public immediately in response to a breach of Officers, employees and authorized this Purchase Order by CONSULTANT persons. shall not constitute a waiver of breach. e) In the event of any conflict between or Waiver of the COUNTY by any default among the terms of any Contract by CONSULTANT hereunder shall not Documents related to this Purchase be deemed a waiver of any subsequent Order, the terms of the Contract default by CONSULTANT. Documents shall take precedence over c) All notices under this Purchase Order the terms of the Purchase Order. To the shall be sent to the respective extent any terms and /or conditions of addresses on the face page by certified this Purchase Order duplicate or overlap mail, return receipt requested, by the Terms and Conditions of the overnight courier service, or by personal Contract Documents, the provisions of delivery and will be deemed effective the Terms and/or Conditions that are upon receipt. Postage, delivery and most favorable to the County and/or other charges shall be paid by the provide the greatest protection to the sender. A party may change its address County shall govern. #14-6190 RFP_CCNATemplate 20 Packet Page-1117- Exhibit IV: Additional Terms and Conditions for RFP 6/10/2014 16.B.1 . 1. Insurance and Bonding Requirements The Consultant shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Consultant shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Consultant waive against each other and the County's separate consultants, contractors, design consultant, subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Consultant and County shall, where appropriate, require similar waivers of subrogation from the County's separate consultants, design consultants and subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Consultant under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County, the "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Consultant has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Consultant must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Consultant's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Consultant and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Consultant. The Consultant shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant #14-6190 RFP_CCNATemplate 21 Packet Page-1118- hereunder, Consultant shall immediately take steps to have the aggregate limit r� 6/10/2014 16.6. 1 . extent permitted under such policy. Should at any time the Consultant not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) '' and charge the Consultant for such coverage(s) purchased. If Consultant fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Consultant under this Agreement or any other agreement between the County and Consultant. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Consultant shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Consultant to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful Consultant extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful Consultant. 3. Additional Items and/or Services Additional items and/or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 70% 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 Consultant/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including #14-6190 RFP_CCNATempiate 22 Packet Page-1119- specifically those contractual requirements at F.S. § 119.0701(2) a - d and (3)), 6/10/2014 16.B.1 . rules, regulations and requirements of any governmental agencies. 8. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Consultant/Contractor invoices must include: • Purchase Order Number; and • 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 Consultant/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 "'aches" 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 Consultant/Contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the Consultant/Contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the #14-6190 RFP_CCNATemplate 23 Packet Page -1120- CountCount by applying the amount owed to the Consultant/Contractor for service.6/10/2014 16.B.1 . y Y r...,..,,,,,... materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 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 selected Consultant. 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, Growth Management Division, Operations & Regulatory Management Department 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 Purchase Orders: The Consultant/ContractorNendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation #14-6190 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. #14-6190 RFP_CCNATemplate 24 Packet Page-1121- 6/10/2014 16.B.1 . 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. 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 closinci 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.org/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- ^, #14-6190 RFP_CCNATemplate 25 Packet Page-1122- consultant to any other firm or firms submitting under the same RFP. All submittal:, 16;6.1. requirement will be deemed non-responsive and rejected from further consideration. 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 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, Consultant/ Contractor/ Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Consultant/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 #14-6190 RFP_CCNATemplate 26 Packet Page-1123- individual, firm, and/or any employee of the firm from contact with County staff for G 6/10/2014 16.B.1 . Y tY 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. 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 / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Consultants are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Consultant does not comply with providing the acceptable E-Verify evidence and the executed affidavit the bidder's/Consultant's proposal may be deemed non-responsive. Additionally, Consultants shall require all subcontracted Consultants to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.00v/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. #14-6190 RFP_CCNATemplate 27 Packet Page-1124- 6/10/2014 16.B.1 . Ater County Administrative Services DIVision Purchasing ,• ••■ Attachment 1: Consultant's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Consultants not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to CCNA Solicitation #14-6190 Golden Gate City Stormwater Drainage Improvement Project Engineering Design for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date #14-6190 RFP_CCNATemplate 28 Packet Page-1125- 6/10/2014 16.B.1 . Goer County Adnnistratiive Services Division Purthasing Attachment 2: Consultant Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Consultant should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Evelyn Colon, Procurement Strategist CCNA Solicitation: #14-6190 Golden Gate City Stormwater Drainage Improvement Project Engineering Design ❑ 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 #14-6190 RFP_CCNATemplate 29 Packet Page-1126- 6/10/2014 16.B.1 . Coer County Adrrinisve Services Nilson 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: #14-6190 RFP_CCNATemplate 30 Packet Page-1127- 6/10/2014 16.B.1 . +Crieer minty Administrative Services Division Purchasing Attachment 4: Consultant Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation: #14-6190 Golden Gate City Stormwater Drainage Improvement Project Engineering Design Dear Commissioners: The undersigned, as Consultant declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Consultant agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Consultant states that the proposal is based upon the proposal documents listed by the above referenced CCNA Solicitation. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 200 in the County of , in the State of Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number CCR#or CAGE Code Telephone: FAX: Signature by: (Typed and written) Title: #14-6190 RFP_CCNATemplate 31 Packet Page-1128- Additional Contact Information 6/10/2014 16.6.1 . Send payments to: (required if different from above) Company name used as payee Contact name: •'■ Title: Address: City, State, ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email: #14-6190 RFP_CCNATemplate 32 Packet Page-1129- 6/10/2014 16.B.1. 7rr Co>luy Administrative Services Division Purchasing Attachment 5: Immigration Affidavit Certification CCNA Solicitation: #14-6190 Golden Gate City Stormwater Drainage Improvement Project Engineering Design This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Consultants / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verifv program may deem the Consultant/Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any Consultant who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any Consultant of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Consultant attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Consultant's/ Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20_, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. #14-6190 RFP_CCNATemplate 33 Packet Page-1130- 6/10/2014 16.B.1 . Collier County Adraristratve services Division Purhasing 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 #14-6190 RFP_CCNATemplate 34 Packet Page-1131- 6/10/2014 16.B.1 . �-. Co Li er Comity Adrrinisirative 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 $1,000,000 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 Consultant/Contractor 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 Consultant/Contractor or anyone employed or utilized by the Consultant/Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ®Automobile Liability $ 500.000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence #14-6190 RFP_CCNATemplate 35 Packet Page-1132- 6/10/2014 16.B.1 . 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, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County (or Collier MPO). The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. - Consultant's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Consultant Signature Print Name Insurance Agency Agent Name Telephone Number #14-6190 RFP_CCNATemplate 36 Packet Page-1133- 6/10/2014 16.B.1 . Co t er cry Adninistrative Servues Donlon �� Purchasing Attachment 8: Reference Questionnaire Solicitation: #14-6190 Golden Gate City Stormwater Drainage Improvement Project Engineering Design 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 #14-6190 RFP_CCNATemplate 37 Packet Page-1134- 6/10/2014 16.B.1 . a 2 CD 5 o U o0�., d m O 0_ L IL N C o 0 0 0 0 0 0 0 0 0 a) 0 0 0 0 0 0 0 0 0 0 Y 0 0 0 0 0 0 0 0 0 0 E _ .— 0 0 0 0 0 0 0 0 0 0 >> LL — N CO tt LO CO 1,- CO O) O N 0. C E 41 CO N CO CO (V 00 CO 00 O p CD 0 N- 4 4 4 tf) tf) co `. 0 C1 j, 2 > N C > E Q w L ca L i+ E L o U) Cl)` cc rn > _ G co m c L N 1 ift la E 2 N O N N N N °) Z •E = 0 0 r W = c d � r 3a _ m o02V c) o o > J 0 �# .. _ N N CA N N CI- m oc � NQC1 m � ca) .0u) ceN Q � UiC'J2Ua00I- d Packet Page-1135- 6/10/2014 16.B.1. Contract# 13-6012 "Streetscape Improvements Design of Thomasson Drive and Hamilton Avenue" 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 RWA, Inc., authorized to do business in the State of Florida, whose business address is 6610 Willow Park Drive, Suite 200, Naples, Florida 34109, (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain professional Design services of the CONSULTANT concerning Streetscape Improvements Design of Thomasson Drive and Hamilton Avenue (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Design services in all phases of the Project to which this Agreement applies. Packet Page-1136- 6/10/2014 16.B.1 . 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 Christopher O. Wright, P.E., CEO, a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. (I) 2 Packet Page -1137- 6/10/2014 16.B.1 . 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request P.'s*. from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state 3 GP Packet Page-1138- 6/10/2014 16.B.1. 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 a MicroStation DGN or AutoCAD DWG 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. r-. 4 (1) Packet Page-1139- 6/10/2014 16.B.1 . ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be ' furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. s Packet Page-1140- 6/10/2014 16.B.1 . 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). GP 6 Packet Page-1141- 6/10/2014 16.B.1 . 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; GP 7 Packet Page-1142- 6/10/2014 16.B.1 . (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 8 CA Packet Page -1143- 6/10/2014 16.B.1. 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. 9 CA Packet Page-1144- 6/10/2014 16.B.1 . 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, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 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 10 CA Packet Page-1145- 6/10/2014 16.B.1. CONSULTANT for a minimum of five (5) years from (a) the date of termination of this �` Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. (Remainder of page intentionally left blank) Packet Page-1146- C� 6/10/2014 16.B.1. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Government, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by 12 ca Packet Page -1147- 6/10/2014 16.B.1 . OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, �-. or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. CA 13 Packet Page-1148- 6/10/2014 16.B.1 . 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. 14 CA Packet Page -1149- 6/10/2014 16.B.1 . ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against 15 Cq Packet Page-1150- 6/10/2014 16.B.1 . OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably ^ possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to Cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to ^ terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after 16 CA Packet Page-1151- 6/10/2014 16.B.1. receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services 17 �A Packet Page-1152- 6/10/2014 16.B.1 . required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners Collier County Florida Purchasing Department 3327 Tamiami Trail East Naples, FL 34112 Attention: Joanne Markiewicz, Director, Procurement Services Telephone: 239-252-8407 Fax: 239-252-6480 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: RWA, Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34109 Telephone: 239-597-0575 Fax: 239-597-0578 Attn: Christopher O. Wright, PE, CEO Email: cwright(cconsult-rwa.com 18 c� Packet Page-1153- 6/10/2014 16.B.1. 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 19 Packet Page-1154- 6/10/2014 16.B.1. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS �. RFP # 13-6012 "Streetscape Improvements Design of Thomasson Drive and Hamilton Avenue", Terms and Conditions ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 20 Packet Page -1155- 6/10/2014 16.B.1 . ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." 21 Packet Page-1156- 6/10/2014 16.B.1 . 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. 22 �9 Packet Page -1157- 6/10/2014 16.B.1. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Streetscape Improvements Design of Thomasson Drive and Hamilton Avenue 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 RWA, Inc. By: Witness Name and Title Name and Title Witness Name and Title 23 Packet Page-1158- 6/10/2014 16.B.1 . SCHEDULE A SCOPE OF SERVICES Contract# 13-6012 "Streetscape Improvements Design of Thomasson Drive and Hamilton Avenue" The MSTU conducted a master planning process which identified the improvements for Thomasson Drive and Hamilton Avenue as a priority project. In October 2011 the MSTU commenced the conceptual design for the project with an engineering firm. This exercise produced alternative designs for the public to review. The MSTU plans to construct the improvements in 2014. SCOPE OF WORK: The purpose of this project is to improve a section of Thomasson Drive from Orchard Lane heading west. Improvements continue as the road turns into Hamilton Avenue going south. The scope of these services is to include those required for the proper administration of all phases of the design as well as post design services. PHASE I — DATA COLLECTION: The CONSULTANT shall furnish two (2) copies of the plans and supporting documents to the COUNTY for the purpose of review and approval of each project phase noted below unless stated otherwise. Control and Topographic Survey, Environmental Assessment, Geotechnical Reports Task 1 — Project Management CONSULTANT shall provide the following services: a. Prepare for, attend and follow-up up to six (6) project meetings with the COUNTY. b. Issue the COUNTY communications and monthly progress reports. c. Prepare for, attend and follow-up up to two (2) MSTU Board Meetings. d. Prepare for, attend and follow-up up to two (2) stakeholder, agency and/or adjacent property owner meetings. e. Coordination and oversight project sub-CONSULTANTs. f. Overall Quality Assurance/Quality Control all project submittals. Task 2 —Survey The CONSULTANT shall provide a detailed topographic and control survey of the existing conditions within the right-of-way limits. All work shall be certified by a professionally registered surveyor in the State of Florida. 2.1 Control Survey. a. Reproduce all recorded right-of-way and baseline information. Right-of-way cq A-i Packet Page-1159- 6/10/2014 16.B.1 . shall include all intersecting roads within the project limits. All right-of-way information shall be labeled, including, date, bearings and distances. In addition the following information shall be noted: i. Horizontal datum — tied into the Florida State Plan Coordinate System, NAD 1983/1999 Adjustment. RWA will provide project control network sheets for the survey baseline control points instead of setting reference points. ii. Physical ties to each benchmark—permanent benchmarks shall be established at 500-foot intervals along the roadway. iii. Vertical datum (benchmarks) — NAVD 1988. iv. Locate visible boundary monuments. v. Existing layout shall be tied to the existing right-of-way. vi. Locate existing visible property markers (e.g. — iron pipe, concrete monuments, etc.). vii. Tie buildings located within the proposed limits of the project to the existing right-of-way. viii. Property ownership shall be determined from Collier County records, title reports, and oth er appropriate sources and incorporated into the plan drawings and files. Property lines do not need to be surveyed, but shall be verified utilizing any visible property markers , wherever possible. 2.2 Topograph is S urvey. a. Detail info rmation - Survey shall include all physical features which accurately depict the existing condition of the project area. The information shall include, but is not limited to, the following: i. Roadway Pavement. ii. Driveways, and Parking Areas — note the limits within survey coverage and type of pavement or surface. iii. Curbing, edging, medians, and barriers — note limits and type. iv. Sidewalks, walkways, and handicap ramps— note limits and type. v. Wall information (type, height and thickness), step/stair information (type, top step elevation, bottom elevation and number of rises). vi. Top of slope and toe of slope of the existing swales/ditches. vii. Guard rail — note limits and type. viii. The surveyor will show all above-ground utility structures and will coordinate with Sunshine One Call and local utility providers to flag the existing underground utilities located within the limits of the project. Note that the utility providers are not obligated to flag their existing facilities for design purposes. The surveyor or project engineer can request a design locate for the project area. The utility providers have thirty days to respond to this request. They can either agree to locate the facilities for free, charge a fee for their services or not locate at all. Any fees related to the flagging of the existing underground utilities are the responsibility of the COUNTY. b. Utilities i. Manholes - rims, inverts, and condition (collapsed, plugged, etc.). ii. Pipes - size, type, and direction of flow. iii. Force mains and pump stations. iv. Utility lines — size, type, for water, reclaimed water, gas, telephone, sewer, electric and CAN. v. Hydrants and water valves. A-2 • Packet Page -1160- 6/10/2014 16.B.1 . vi. Hand holes and pull boxes. vii. Gas Valves. viii. Telephone and electric manholes. ix. Utility and light poles and guy wires, including overhead wires. x. Any other public or private utility structure or casting located within the defined limits. c. Stormwater System i. Catch Basins -grate elevation, inverts and condition (collapsed, plugged, etc.). ii. Manholes - rims, inverts and condition (collapsed, plugged, etc.). iii. Pipes -size, type and direction of flow. iv. Existing drainage outfalls within the project area. This shall include cross sections and pertinent locations of any proposed outfall ditches or structures. d. Collect spot elevations at 100' intervals consistent with the baseline stations and at other critical locations including top and bottom of curb, centerline grades, back of sidewalks and at changes in slope. Elevations to be given up the center of the existing driveways. e. Existing contours will be shown as at one-foot intervals. f. Pavement markings, including lane use and shoulder width, crosswalks and stop bars. g. Traffic/road signs — note direction in which sign face, material type (wood or aluminum) legend and wording, including those mounted on utility poles, signal posts, and bridges. h. Collect the finish floor elevations and garage openings for the existing buildings and structures located within twenty-five (25) feet of the proposed right-of-way lines. ■—■ i. Field locate hydrological seasonal water indicators within the project limits as established by the environmental consultant. 2.3 Geotechnical Borings. a. The CONSULTANT shall stake the locations for the Standard Penetration Test borings (20), with elevation, as needed for the geotechnical sub-consultant with in the project limits. 2.4 Sketch and Descriptions. a. Prepare a sketch and legal description for the real property (acquisition), permanent and temporary easements. The CONSULTANT will assume up to fifteen (15) legal descriptions adjacent to or perpendicular to the existing ROW for purposes of quantifying the cost of this service. Additional legal sketch and descriptions will be addressed on a time and material basis. 2.5 Right of Way Map. a. Prepare right-of-way maps inclusive of the existing documented ROW limits and of any real property rights that may need to be acquired for the corridor improvements. b. The final control survey shall include a detailed and accurate compilation of control points established by a closed traverse loop through the primary control points or with a Global Positioning System-based network, to assure an error-free or closed control network. Relative error or loop closure will conform to requirements of subsection 5J - 17 FAC. All control points will be referenced to the Florida State Plane Coordinate System, NAD 1983/1999 0140 A-3 Packet Page-1161- 6/10/2014 16.B.1. Adjustment. Task 3 — Environmental Assessment The CONSULTANT shall provide a Threatened & Endangered Species assessment, preliminary jurisdictional determination, and vegetative (FLUCFCS) mapping to identify potential environmental issues associated with the project. After this preliminary field work is complete additional services may be necessary depending on findings and the actual location and impact footprint(s) for the proposed improvements. Preliminary environmental services will include the following: 3.1 Conduct site visit(s)to the property for vegetation mapping (FLUCCS), preliminary wetland jurisdictional inspection, Florida Master Site File request, and associated environmental mapping. 3.2 Prepare a threatened and endangered species assessment and provide related supporting documentation. Task 4—Geotechnical Services The CONSULTANT will conduct soil tests and furnish geotechnical data for the proposed project improvements. Soil borings, samples, and tests will be conducted based on procedures outlined in the Florida Department of Transportation Soils and Foundations Manual. The resultant data and a listing of the classification for the various strata obtained, as part of the soil borings and testing will be tabulated. A soil survey sheet, showing the table of classification for the various strata and recommendations for site soil preparation shall be included. If muck is encountered, a recommendation and plan for de-mucking shall be prepared. The results of field samples and testing, and the recommendations for roadway construction shall be included in a geotechnical report. Testing to be provided includes the following program: 4.1 Hand auger borings will be performed generally at 300-foot intervals (about 35 borings are estimated) along the proposed roadway improvements for evaluating shallow soil characteristics, unsuitable materials, and ground water levels for both roadway and drainage design applications. The depth of borings shall be a maximum of five (5) feet below existing grade. 4.2 Standard Penetration Test (SPT) borings shall be performed at 600-foot intervals (about 16 borings are estimated) along the proposed roadway for purpose of evaluating soil characteristics, rock depth, and ground water levels for both roadway and drainage design applications, and lighting poles. The depth of the SPT borings shall be a maximum of ten (10) feet below the ground surface. 4.3 Roadway cores will be completed at eight (8) locations along the existing roadway. The cores will extend through the existing asphaltic concrete and limerock base. Hand auger borings will be made in the core holes to a maximum depth of three feet to define sub-base constituents. 4.4 Prepare and submit four (4) signed and sealed copies of our geotechnical report upon A-4 Packet Page-1162- 6/10/2014 16.B.1 . completion of the subsurface investigation and analysis, providing recommendations for roadway preparation. This report shall include pertinent field site data including boring logs, site sketches, and other information in general accordance with the Florida Department of Transportation Soils and Foundations Manual. The CONSULTANT'S evaluation will include specific discussions regarding undercutting of deleterious material, identification of materials encountered, and use of each stratum as related to the proposed construction. PHASE II — PROJECT DESIGN: The services listed in Task 1 — Project Management and Task 2 — Survey will also be utilized in this Phase. Task 5 — Design Criteria Report This task includes reviewing, verifying, and compiling relevant data from all previous studies and public workshops and regulatory agencies to create a single unified document to guide the design of the corridor improvements. This Design Criteria Report ("DCR") will build on previous documents and also incorporate the changes proposed as a result of the current SFWMD criteria for this project and the limitations of the construction budget. Certain improvements may be accounted for, but designed to be constructed in phases if necessary. As part of this task, the CONSULTANT will incorporate existing material when appropriate and revise where appropriate to address the following issues: 5.1 CONSULTANT shall review, verify, and modify as needed the following design criteria: a. Planning/Land Development (Access Management) b. Geometric Design i. Design Speed ii. Design Vehicles iii. Sight Distance iv. Horizontal Alignment 1. General Criteria 2. Superelevation 3. Curvature 4. Superelevation Transition (superelevation runoffs plus tangent runoff) v. Alignment Coordination vi. Cross Section Elements (Number of Lanes, Pavement, Pavement Width, Pavement Cross Slope, Shoulder Width, Shoulder Cross Slope, Sidewalks, Type of Median, Median Width, Median Slopes, Median Barriers) vii. Roadside Clear Zone (Width, Roadside Slopes, Criteria for Guardrail) viii. Curbs ix. Right of Way x. Changes in Typical Section (Lane Deletions and Additions; Special Use Lanes; Structures, Horizontal Clearance, Vertical Clearance, End Treatment and U-Turns) xi. Access Management xii. Turn Lanes xiii. Intersection Design (radii; channelization) A-5 Packet Page-1163- 6/10/2014 16.B.1. c. Roadside Design d. Pavement Design e. Roadway Lighting f. Pedestrian Facilities g. Bicycle Facilities h. Public Transit i. Design Exceptions j. Signing and Marking k. Landscape and Landscape Elements I. Tables/Appendices: i. Typical Sections ii. Stormwater Management Concept 5.2 CONSULTANT will review and amend the DCR based on staff input. 5.3 CONSULTANT will provide an Opinion of Probable Cost (OPC). The OPC will be developed based on the DCR and presented to staff for review along with design and/or phasing alternatives to minimize costs if the OPC is in excess of the projected budgetary constraints for the project. Task 6 — Construction Plans As part of this task, the CONSULTANT will prepare plans and component plans as identified below and conduct a QA/QC of the roadway plans. Roadway Plans (Item 6.1) and Opinion of Probable Cost (Item 6.10) will require three (3) submittals and component plans (Item 6.2 through 6.8) will require two (2) submittals. This task assumes that one (1) meeting with the COUNTY and related follow-up will be required after each submittal. The CONSULTANT shall furnish two (2) copies of the plans and supporting documents to the COUNTY for the purpose of review and approval of each project phase noted below unless stated otherwise. • Phase IIB - 30% Plans, OPC, Draft ROW Maps • Phase IIC - 60% plans, OPC, Final ROW Maps, Legal Descriptions and Sketches • Phase IID - 100% plans and OPC 6.1 Roadway Plans The CONSULTANT shall prepare the roadway plans for the proposed improvements along the 8,700 liner foot roadway corridor. It is anticipated that the roadway set will consist of the following: Key Sheet, Summary of Pay Items, Drainage Map, Existing Conditions, Demo Plans, Summary of Existing Structures, Typical Sections, Summary of Drainage Structures, Project Layout, General Notes, Roadway Plan- Profile, Intersection Plans, Drainage Details, Sidewalk and Ditch Profiles, Summary of Quantities, Roadway Soil Survey, Cross Sections, SWPPP, Erosion Control Plans, Utility Adjustments, and Conduit Plan. 6.2 Utility Adjustment Plans a. CONSULTANT shall identify all public and private utilities with facilities located within the construction corridor. b. CONSULTANT shall Schedule and host a utility meeting with all interested parties. A-6 CAO Packet Page-1164- 6/10/2014 16.B.1 . c. CONSULTANT shall Collect and compile all known utility locations. d. CONSULTANT shall prepare utility relocation sheets documenting what facilities will stay, what facilities will be removed, and what facilities will be new or relocated. e. CONSULTANT shall work with utilities to resolve conflicts of facilities within the ROW. 6.3 Traffic Control Plans (TCP). a. Prepare a Traffic Control Plan for the proposed project improvements that demonstrate how access will be maintained throughout the project. This will be accomplished through a phasing plan with applicable sections, notes and reference to appropriate details. b. The plan will be proposed as a construction sequencing plan and will have multiple phases to address the constructability of the project. The final Maintenance of Traffic (MOT) plan will be completed by the contractor in compliance with the TCP and the appropriate FDOT indexes. 6.4 Signing and Marking Plans. a. Prepare Signing and Marking Plans for the proposed roadway improvements in accordance with Florida Department of Transportation (FDOT) criteria. b. The plan will be a component set of contract plans. We will reference FDOT Standard Indexes, as applicable. 6.5 Street Lighting Plans. a. Prepare Street Plans for the proposed roadway improvements in accordance with FDOT Manual of Uniform Minimum Standards (MUMS) criteria. The system will be designed to a collector street standard and have an energy efficient system (i.e. LED). b. The plan will be a component set of contract plans. We will reference FDOT Standard Indexes, and Collier County Lighting Specifications, as applicable. 6.6 Conduit Crossing Plans. a. CONSULTANT shall identify all required road crossings for electric, phone, cable, telephone, irrigation, and street lighting. b. CONSULTANT shall prepare plan sheets depicting all required conduit crossings with the size and number of conduits dedicated to each entity. c. CONSULTANT shall prepare conflict typical sections for crossings between major conduit banks and water/sewer/drainage. 6.7 Landscape Plans Prepare landscape planting design to minimally include items as follows: a.Planting design and labeling of all plant materials. b.Plant material schedule containing, plant quantities, plant specifications and installation sizes. c.Provide planting soil recommendations and/or specifications. d. To include Landscape notes and sight line limits & clear zone distances. Prepared to FDOT "Design Standards" Indices and generally per the FDOT "Plans Preparation Manual"Volume I & II criteria and processes and in general compliance to the Collier County Right- of-Way Ordinance 93-64 current editions. Prepare landscape planting details and notes to minimally include items as follows: a.Planting details: To be per FDOT design indexes A"7 CAO Packet Page-1165- 6/10/2014 16.B.1 . b.Planting specifications: To be FDOT specifications Finalize written and/or graphic technical maintenance specifications and schedules. 6.8 Irrigation Plans Prepare landscape irrigation design to minimally include items as follows: a. Location and size of irrigation water source, mainline locations and size, controller locations and types, and electrical power connections locations and requirements. b. Provide system layout, schedules and/or notes to identify types, placement and quantities of irrigation components such as sprinklers, valves, piping, sleeving and valve wiring. Prepared to FDOT "Design Standards" Indices and generally per the FDOT "Plans Preparation Manual"Volume I & II criteria and processes and in general compliance to the Collier County Right-of-Way Ordinance 93-64 current editions. Finalize irrigation details, notes and schedules based upon final irrigation plans. This will minimally include items as follows: a.Irrigation installation details. b.Irrigation product data and installation specifications. 6.9 Hardscape Plans Prepare hardscape design to minimally include items as follows: Based upon the Design Criteria Report the Public Art site locations will be developed to a stage determining required areas for design elements, so that base elements of the proposed sites can be included in the roadway design plans for future development. The public art sites that have been identified within the corridor are nsatincluded as part of this project for final design. Prepare median and roadway related hardscape design for decorative paving, potential hardscape features, site furnishing, potential accent lighting locations, and retaining walls if required base upon roadway design plans. Hardscape design elements to adhere to County, State and ADA regulations and guidelines related to hardscape elements and to facility user safety. Prepare hardcape details, notes and schedules to minimally include items as follows: a.Median and roadway hardscape installation details. b.Provide product data/cut sheets and installation details and specifications. 6.10 QA/QC Roadway Plans. a. CONSULTANT shall prepare and circulate all roadway plan submittals for review by independent in- office professionals prior to each submittal. b. CONSULTANT shall review all comments and incorporate revisions where applicable. c. CONSULTANT shall circulate the revised plan sets for approval by independent reviewing professional. d. CONSULTANT shall review all sub-consultant submittals to insure A-8 Packet Page -1166- "�<�, 6/10/2014 16.B.1 . consistency with the current roadway plans and to resolve conflicts when they arise. 6.11 Opinion of Probable Cost. a. CONSULTANT shall prepare an Opinion of Probable Costs for all proposed improvements within the corridor. b. CONSULTANT shall update the OPC with each submittal to reflect the additional level of detail in the design as the project progresses. c. CONSULTANT shall advise the COUNTY if design revisions are creating budgetary increases and provide alternates for savings offsets if required. Task 7 — Drainage Desian The CONSULTANT will analyze the existing storm water drainage system and identify potential existing drainage issues of concern, existing flow patterns and research existing applicable SFMWD permits on adjacent properties. As part of this task, the CONSULTANT will complete the following: 7.1 Inspect existing structures within the project boundaries to determine if they are suitable for rehabilitation or incorporation into the final drainage design. 7.2 Once the new roadway geometry and sidewalk footprint is established, the CONSULTANT will schedule and attend a meeting with the SFWMD to determine if the proposed modifications require an ERP submittal. As currently planned, the proposed improvements do not add any capacity to the existing roadway network and minimal environmental impacts are expected. 7.3 The CONSULTANT will work towards an exemption to ERP permitting under FAC 62- 330.051. If an exemption can be secured and the drainage outfall capacity increased it should alleviate most of the community concerns relative to standing water and allow for a lower profile grade line that would keep the roadway elevations consistent with the surrounding topography and development. If an exemption is not possible, the CONSULTANT will work closely with the SFWMD and the surrounding publicly managed storm water systems to develop the most cost effective solution to satisfying the design criteria the SFWMD may impose on the project as provided for within the Optional Services proposal. 7.4 The storm water system design will consider best management practices, open system, closed system, lateral ditches, exfiltration, etc., or a combination thereof within the existing right-of-way and dedicated drainage easements as applicable. Any existing and proposed culverts within the project limits will be modeled to insure adequate capacity for a 10 year, 1 hour design storm event. 7.5 The CONSULTANT shall prepare a Master Drainage Plan as well as detailed construction level plans for the drainage system as part of the roadway plan set. The permit design criteria and the Master Drainage Plan will be submitted with the Phase II submittal and the final construction level drainage plans will be completed with the Phase III submittal. A-9 Packet Page -1167- 6/10/2014 16.B.1. Task 8— Utility Coordination ' During this phase of the project, the CONSULTANT will be in regular contact with utility providers to provide guidance and coordinate utility relocation plans amongst the various stakeholders. It is anticipated that each utility will provide RBG's (red, blue, greens) after the 30% plans are completed and a compiled utility plan will be produced that documents what is to remain, what is to be abandoned, and what is to be relocated and where to, within the project limits. It will be the responsibility of each utility company to prepare their own individual construction level documents and secure the necessary permits to perform their relocations. PHASE III - PERMITTING: Task 9— Permit Applications As part of this task, the CONSULTANT will prepare the plans, applications, and supporting documentation required to secure the permits required to allow for the construction of the proposed improvements. It is anticipated that each permit will require an initial application and up to two (2) additional submittals. 9.2 Prepare and support one (1) exemption request to the SFWMD. 9.3 Prepare and support one (1) Minor General Water Use Permit Application to the /''■ SFWMD. a. The project is anticipated to require water allocations for the irrigation of about 4 acres of turf grass and landscaping. The project is in a challenging area for fresh water resources. Groundwater in the vicinity of the project site is likely brackish with the exception of likely freshwater lenses in some upland areas located further from tidal waters (ie, at Naples Botanical Gardens and Windstar at Naples Bay). The likely source of groundwater for irrigation will be the water-table aquifer. The water-table aquifer, where fresh, typically exhibits elevated concentrations of dissolved iron, which can cause brown stains on concrete and structures if used directly from a well. However, the dissolved iron typically oxidizes when well water is stored in a lake, reducing or eliminating the potential for staining. It would be desirable to identify a county-owned lake to obtain irrigation water for the project. Groundwater from the water-table aquifer could be used as irrigation replacement water for water pumped from the lake for irrigation. Work elements will include: i. Determine the irrigation requirements for the project site based on irrigated acreage data from the design engineer. ii. Perform a limited survey of permitted water users and private water users (using public records) to aid in identifying potential users of surface and shallow groundwater in the immediate area of the project site and to determine existing legal users. iii. Review lithologic logs and dissolved chloride data of wells installed in the area (from public records or in-house data) to estimate site lithology, groundwater salinity, and aquifer hydraulic characteristics. iv. Evaluate saline water blending using a mass balance approach, if necessary. A-10 ) Packet Page-1168- 6/10/2014 16.B.1 . v. Assist the design engineer and the COUNTY in water demand needs for their negotiations on the use of offsite lake access, if needed. vi. Prepare an application for a water use permit for irrigation. PHASE IV— BID PHASE SUPPORT: Task 10 —Bid Phase Support Under this task, the CONSULTANT will assist the COUNTY and the County Purchasing Department with the preparation of all project related bid documents. The scope of work will include the following elements: 10.1 Attend one (1) pre-bid meeting. 10.2 Answer contractor RFI's. 10.3 Issue bid addendum supplements. 10.4 Review all qualified bids and issue a final bid recommendation. PHASE V— POST DESIGN SERVICES: Task 11 —Post Design Services 11.1 Attend one (1) pre-construction meeting. 11.2 Answer contractor RFI's during construction. A-11 G1O Packet Page-1169- 6/10/2014 16.B.1 . SCHEDULE B BASIS OF COMPENSATION TIME AND MATERIAL AND LUMP SUM 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 Ashley Caserta, Senior Project Manager, Bayshore Gateway Triangle Community Redevelopment Agency, 3570 Bayshore Drive, Unit 102, Naples, Florida 34112 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments and time and material 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. PHASE DESCRIPTION FEE: PAYMENT SCHEDULE Items 1 —3 Lump Sum Lump Sum Monthly Upon 1 Phase I - Data Collection $57,726.00 Percent Complete of Task Monthly Upon 2 Phase II - Project Design $312,574.00 Percent Complete of Task Monthly Upon 3 Phase III - Permitting $8,448.00 Percent Complete of Task Items 4& 5 Time and Material Not to Exceed 4 Phase IV - Bid Phase Support $3,895.00 Time and Material — Not to Exceed 5 Phase V - Post Design Services $7,505.00 Time aEx Material— Not to Exceed TOTAL FEE (Phases 1 —5) $390,148.00 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-1 Packet Page-1170- c,A� 6/10/2014 16.B.1 . B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the 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"'aches" 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 B-2 CAn Packet Page-1171- 6/10/2014 16.B.1 . 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. B-3 Packet Page-1172- 6/10/2014 16.B.1 . SCHEDULE B—Attachment 1 CONSULTANTS AND SUB-CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Staff Engineer/Staff Planner/Staff Surveyor $90.00 $105.00 Senior Staff Engineer/Senior Staff Planner Senior Staff Surveyor $120.00 Professional Engineer/Project Planner/Project Surveyor $140.00 Senior Professional Engineer/Senior Project Planner $155.00 Project Manager/Project Manager $170.00 Senior Project Manager/Senior Project Manager Principal $205.00 Junior CAD Technician $65.00 CAD Technician $75.00 Senior CAD Technician $85.00 Construction Observation $75.00 $85.00 Senior Construction Observation Party Chief $100.00 Senior Party Chief $110.00 Field Crew GPS $125.00 Field Crew Robot $125.00 Project Coordinator $60.00 Senior Project Coordinator $70.00 Clerical $50.00 B-4 f173) Packet Page-1173- 6/10/2014 16.B.1 . SUBCONSULTANTS: Note: Subconsultant fees are included in the Schedule B, Section B.2.1 ^ amounts for each phase of the Project. *Invoices for subconsultant services to be provided on a Time and Materials basis shall include a reference to the appropriate phase at the time the invoice is submitted, along with the appropriate associated hourly rate. TURRELL &ASSOCIATES- LUMP SUM SERVICE Ecology WATER SCIENCE ASSOCIATES, INC.-LUMP SUM SERVICE Permitting FORGE ENGINEERING, INC.- LUMP SUM SERVICE Geotechnical TREBILCOCK CONSULTING SOLUTIONS- LUMP SUM SERVICE Transportation Engineering MCGEE & ASSOCIATES- TIME& MATERIAL AND LUMP SUM SERVICE- Landscape Architect Phase II —Lump Sum Phase IV—TIME AND MATERIAL* Title Hourly Rate Senior Landscape Architect $135.00 Landscape Architect $125.00 AutoCAD Technician $65.00 Administrative Assistant $55.00 End of Schedule B B-5 Packet Page -1174- �" 6/10/2014 16.B.1 . SCHEDULE C PROJECT MILESTONE SCHEDULE Cumulative Number of Calendar Days Phase Phase Name/Title For Completion - from Date of Notice to•Proceed 1 Phase I — Data Collection 60 Phase II — Project Design: 98 2 Phase IIA-DCR Phase IIB — 30% Submittal 161 Phase IIC —60% Submittal 259 Phase IID — 100% Submittal 329 3 Phase III — Permitting 380 4 Phase IV— Bid Phase Support 454 5 Phase V— Post Design Services 720 c-i Packet Page-1175- 6/10/2014 16.B.1 . �-.. SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in D-1 . Packet Page-1176- �' 6/10/2014 16.B.1 . 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 Packet Page-1177- 6/10/2014 16.B.1. 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: .-e a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one, if applicable) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable X Not Applicable D-3 Packet Page -1178- 6/10/2014 16.B.1. (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X_Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate $300,000 Products/Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products/Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 _X General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $2,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 D-4 Packet Page-1179- '.v 6/10/2014 16.B.1 . (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. (3) The OWNER, Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Applicable —X Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No D-5 Packet Page-1180- 6/10/2014 16.B.1 . (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: X Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: $ 500,000 each claim and in the aggregate D-6 Packet Page-1181- 6/10/2014 16.B.1 . _X_$1,000,000 each claim and in the aggregate $2,000,000 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. D7 • Packet Page -1182- 6/10/2014 16.B.1. 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-8 .J Packet Page -1183- �' 6/10/2014 16.B.1. SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, RWA, 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 Streetscape Improvements Design of Thomasson Drive and Hamilton Avenue are accurate, complete and current as of the time of contracting. RWA, Inc. BY: TITLE: DATE: E-1 Packet Page-1184- 6/10/2014 16.B.1. SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS Name Personnel Category % of time Christopher Wright, P.E. Senior Project Manager 4% Barry Jones, P.E Senior Professional Engineer 24% Daniel Garner, E.I. Staff Engineer 26% Richard Owens Senior CAD Technician 24% Michelle Rondo Project Coordinator 4% Doyle Nichols Construction Observation 3% Michael Ward, PSM Project Surveyor 1% Rick Korneff Senior Cad Technician 6% Gary Rashford, PSM Senior Party Chief 8% F-1 Packet Page-1185-