Agenda 01/08/2013 Item #10E 1/8/2013 Item 10.E.
EXECUTIVE SUMMARY
Recommendation to discuss Item 11E from the Board's September 11,2012 agenda
regarding"Wastewater Basin Program"contracts.
OBJECTIVE: To discuss with the Board the agenda item as presented to the Board
regarding the Wastewater Basin Program approved Contract 11-5782.
CONSIDERATIONS: On September 11, 2012 the Board of County Commissioners
approved item 11E, Contract 11-5782 for three design contracts for the "Wastewater
Basin Program".
The Clerk would like to discuss this item with the Board.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: Approved amount of the 3 contracts$5,730,468.
LEGAL CONSIDERATIONS:
RECOMMENDATION: That the Board of County Commissioners further discuss this
item.
Prepared by: Crystal K.Kinzel,Finance Director Clerk of Courts
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1/8/2013 Item 10.E.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.E.
Item Summary: Request for reconsideration by Commissioner Henning of Item 13A from
the October 9, 2012 BCC meeting titled: Recommendation to discuss Item 11E from the
Board"s September 11, 2012 agenda regarding "Wastewater Basin Program" contracts.
Meeting Date: 12/11/2012
Prepared By
Approved By
Name: SheffieldMichael
Title: Manager-Business Operations, CMO
Date: 11/29/2012 9:11:30 AM
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1/8/2013 Item 10.E.
Amok
EXECUTIVE SUMMARY
Recommendation to approve Contract 11-5782 for three design contracts for the "Wastewater
Basin Program," Project Numbers 70043, 70044, 70046, 70050, 70051, and 70064, in the total
amount of$5,730,468, with AECOM Technical Services, Inc., CDM Smith Inc., and Hole Montes,
Inc. to perform professional engineering services; and authorize a budget amendment in the
amount of$1,648,267.31.
OBJECTIVE: Obtain contract approval for expert professional engineering services to
rehabilitate mission critical infrastructure in the wastewater collection system.
CONSIDERATIONS: On June 24, 2008, as Agenda item 10G, the Board of County
Commissioners (Board) adopted the 2008 Wastewater Master Plan Update that identified the
general requirement for rehabilitating wastewater collection systems. The proposed scope of
work will be executed under multiple projects shown in the attached Table 1. These projects are
consistent with the 2010 Wastewater CIP Update, pages 2 and 3, as identified in the 2011 User
Fee Rate Study.
On February 14, 2012, as Agenda item 16.C.1, the Board, as Ex-officio the Governing Board of
the Collier County Water-Sewer District, approved the selection committee rankings and
authorized staff to enter into negotiations with AECOM Technical Services, Inc., CDM Smith,
Inc., and Hole Montes, Inc., for three separate contracts under Request for Proposal No. 11-5782.
Multiple technical support projects, Project Numbers 70043, 70044, 70046, 70050, 70051, and
70064, are being combined to fund this portion of the Wastewater Basin Program. At this time
staff is seeking the approval of the proposed contracts for each of the Board-approved
engineering consultants.
On March 27, 2012, the Board requested staff to return with revised contracts that were more
explicitly defined and demonstrable. The resulting scopes of work will now provide tangible,
complete engineering designs and construction drawings for the following prioritized worst-first
areas of the infrastructure:
• Rehabilitate eight aging master pump stations, adding overflow containment and
updating them to meet current Florida Department of Environmental Protection and
Florida Building Code Standards.
• Rehabilitate 111 pump stations, eliminating below grade leak hazards, adding
containment where feasible and emergency back-up pumping at critical pump stations.
• Alleviate potential overflow conditions that exist in Basin 101 (Naples Park).
• Replace a 40-year-old sub-aqueous force main crossing with an aerial crossing at the
111th Street bridge.
• Provide an alternative path for wastewater to reach the South County Water Reclamation
Facility (SCWRF). Currently, 80 percent of the flow to the SCWRF goes through one
force main. Reconstruction of Master Pump Station (MPS) 306 and a force main from
MPS 306 to the SCWRF will provide a parallel path for needed reliability and
maintainability (Sabal Bay).
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1/8/2013 Item 10.E.
• Replace 22,865 feet of gravity sewer clay pipe.
• Replace 660 clay pipe service laterals.
• Replace 14,275 feet of wastewater force main.
The infrastructure being addressed represents the highest priority, worst-first areas based on
internal condition assessments.
Each contract contains a scope of work that has been customized based on the tasks requested in
RFP 11-5782 in order to fit the needs of the particular basin that each vendor is to be working on.
Although not all requested tasks in the RFP are needed for each basin, all of the tasks in each
scope of work were requested in RFP 11-5782.
Subsequent contracts for construction of the required infrastructure as developed under these
engineering designs, as well as construction, engineering and inspection services (CEI), will be
presented to the Board for review and approval.
FISCAL IMPACT: Funding is available in, and is consistent with, the FY2012 Capital Budget
approved by the Board on September 22, 2011. The source of funding is Wastewater User Fees,
Fund (414). A budget amendment is required from Project Numbers 72552, Lift Station Facility
Rehab, 70064, Collection System Lightning Protection, 73050, Wastewater Line Technical
Support, and 70021, Energy Efficiency Studies, all from Fund 414, in the amount of
$1,648,267.31.
LEGAL CONSIDERATIONS: This item has been approved by the County Attorney's Office, the
contracts are each legally sufficient, and the contracts require a majority vote for approval. -ERP
GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the goals,
objectives, and policies of the Growth Management Plan to ensure the adequacy and availability
of viable public facilities.
RECOMMENDATION: That the Board of County Commissioners, as Ex-officio the Governing
Board of the Collier County Water-Sewer District,
1. Approve Contract 11-5782 to AECOM Technical Services, Inc., CDM Smith Inc., and
Hole Montes, Inc., for professional engineering services, and authorize funding for the
initial contract phase in the amounts of $1,870,468, $1,940,000 and $1,920,000,
respectively (a total of$5,730,468); and,
2. Authorize the Chairman to execute the contracts with each firm after approval by the
County Attorney's Office; and,
3. Approve the necessary Budget Amendment to transfer funds in the amount of
$1,648,267.31 from Project Number 72552 (Lift Station Facility Rehab), Project Number
70064 (Collection System Lightning Protection), Project Number 73050 (Wastewater
Line Technical Support), and Project Number 70021 (Energy Efficiency Studies) to
Project Number 70046 (Wastewater Pump Station Technical Support).
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1/8/2013 Item 10.E.
Prepared By: Craig Pajer, PE, Principal Project Manager, Public Utilities Planning and Project
Management Department
Attachments:
1) Table 1,Funding Sources: 2008 Wastewater Master Plan Update and 2011 Wastewater CIP
Update Reference Table
2) Solicitation Document for 11-5782
3) Proposed Contracts
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1/8/2013 Item 10.E.
REQUEST FOR PROPOSALS
In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act.
COOL" C.007431ty
Administrative Services Division
Purchasing
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
CCNA Solicitation
#11 -5782 Wastewater Basin Analyses
Nicole Parker, Procurement Strategist
239-252-4270(Telephone)
239-252-6549 (Fax)
nicoleparker @colliergov.net(Email)
This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this
document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent
award, or any other legal remedies available to the Collier County Government.
4�L�1f�Y
Purchasing Department•3327 Tamiami Trail East•Naples,Florida 34112.4901•www.colsergov.cet'purchasing
CCNA(Revision 8/10)
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•
1/8/2013 Item 10.E.
Table of Contents
LEGAL NOTICE 3
EXHIBIT I:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4
EXHIBIT II:GENERAL RFP INSTRUCTIONS 20
EXHIBIT III:COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 24
EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 28
ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 35
ATTACHMENT 2:VENDOR CHECK LIST 36
ATTACHMENT 3:CONFLICT OF INTEREST AFFIDAVIT 37
ATTACHMENT 4:VENDOR DECLARATION STATEMENT 38
ATTACHMENT 5:IMMIGRATION AFFIDAVIT CERTIFICATION 40
ATTACHMENT 6:VENDOR SUBSTITUTE W—9 41
ATTACHMENT 7:INSURANCE AND BONDING REQUIREMENTS 42
ATTACHMENT 8: REFERENCE QUESTIONNAIRE 44
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•
Co lex County
Administrative Services Division
Purchasing
Legal Notice
Pursuant to approval by the County Manager, Sealed Proposals to provide Professional Engineering
Services for Wastewater Basin Analyses will be received until 2:30 pm. Naples local time, on
December 16, 2011 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail
East, Naples, FL 34112.
CCNA Solicitation# 11-5782
Wastewater Basin Analyses
Services to be provided shall include, but not be limited to the following: Develop the
Wastewater Basin Program for each basin region including, but not limited to the following three
(3) phases of work performed by the consultant:
• Phase 1: Wastewater Collection System Analyses
• Phase 2: Design rehabilitation program
• Phase 3: Post Design Services
A mandatory pre-proposal conference will be held on December 2, 2011, commencing promptly at
2:30 pm., and will be held in the Conference Room of Collier County Government, Purchasing
Department, 3327 Tamiami Trail East, Naples, FL 34112.
All statements shall be made upon the official proposal form which must be obtained only on the Collier
County Purchasing Department E-Procurement 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/ Stephen Y. Carnell, C.P.M.
Purchasing &General Services Director
This Public Notice was posted on the Collier County Purchasing Department website:
www.colliergov.net/purchasinq and in the Lobby of Purchasing Building "G", Collier County Government
Center on November 18, 2011.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Public Utilities PPMD Department (hereinafter, the "Division
or Department"), the Collier County Board of County Commissioners Purchasing Department
(hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent
of obtaining proposals from interested and qualified firms in accordance with the terms,
conditions and specifications stated or attached.
The Vendor, at a minimum, must achieve the requirements of the Specifications and Scope of
Work stated herein.
Brief Description
The selected consultant(s) shall perform a comprehensive analysis of the County-owned
wastewater system within specified basin boundaries to establish the basis of design for system
renovations. Upon completion of the analyses, the selected consultant(s) will perform design
and construction-related support services.
This solicitation anticipates the selection of three professional engineering firms to conduct the
referenced professional services for three specific wastewater service basins, namely, the
following: 1) Master Pump Station (MPS) Basin 101 (Gulfshore Drive and Naples Park); 2)
Master Pump Station (MPS) Basin 306, consisting of basins 303, 304 and 306 (Bayshore Drive
and Thomasson Drive); and 3) Master Pump Station (MPS) Basin 305, consisting of basins 308
(Gateway Triangle), 309 (Flamingo Estates), and 305 (The Glades).
Background
The Planning and Project Management Department (PPMD) of the Public Utilities Division has
six major program areas funded annually for the evaluation and upgrading of the County's
Wastewater Collection System. The TSP (Technical Support Projects) program areas are:
1. Gravity Transmission System TSP (manholes, pipes, laterals)
2. Force Main Transmission System TSP (ARVs, valves, pipes)
3. Pump Stations and Sub Master Pump Stations TSP
4. Master Pump Stations TSP
5. Collection System Power Systems TSP
6. Collection System Lightning Surge Control Grounding
Historically, PPMD's rehabilitation approach was to focus on critical facilities and upgrading the
"worst first." The Wastewater Collections Department has identified three wastewater basins
needing rehabilitation. In order to effectively and efficiently design rehabilitation projects, PPMD
has decided to investigate the complete wastewater collection system on a basin basis in order
to systematically analyze and construct needed improvements.
Initially this program will focus on the engineering evaluation and analysis of the collection
system after which will come the improvements design and construction phases.
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1/8/2013 Item 10.E.
Detailed Scope of Work
The County is interested in contracting with the most qualified firm(s) to develop and implement
a Wastewater Basin Study Program for three initial distinct geographical regions. Each
Wastewater Basin Study 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. The County reserves the right to select one (1), two (2) or three (3)
firms to perform and coordinate all work in the geographical areas. Each of the three region
proposals will be evaluated independent of the others. Should the County decide to hire
multiple consulting firms, it is expected that the selected firms will work cooperatively with the
other firms to provide best value services to the Public Utilities Division and will share "lessons
learned" for the benefit of the County's rate payers.
The three (3) basin regions are described below:
1. Naples Park—MPS 101 (Area located north of Vanderbilt Beach Road, west of US 41 and
south of 111th Street)
2. The Glades— MPS 305 (Area north of US 41,west of the Lakewood Community in the south,
west of Foxfire, west of Livingston Road, south of the Golden Gate Canal and east of the
Gordon River, excluding Naples Airport)
3. Bayshore— MPS 306 (Area South of US 41, and east of the Gordon River, excluding the
City of Naples Wastewater Service Area)
Throughout the duration of the program, consultant will provide project management assistance
consisting of the following:
• Attend biweekly (every two weeks) progress meeting with PUD staff
• Graphics/exhibit preparation
• Progress meeting assistance
• Project management assistance
• Project management plan preparation
• SCADA design
• Subsurface investigations of underground utilities
• Wastewater System Field Measurements
Evaluate Alternatives: Throughout the Scope of Work herein, a number of tasks are identified
that include the evaluation of several process and/or facility alternatives. Evaluation of the
specific alternatives will be based on a selection criteria weighting/ranking process utilized by
the Engineer specific to the particular task component.
The anticipated selection criteria for the various alternative evaluations will be from the following
list, as determined applicable by the Engineer and County for the given process and/or facility
component:
• Automation
• Capital Cost
• Chemical Cost
• Constructability
• Electrical (Power) Cost
• Fatal Flaw Analysis
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• Good Neighbor Policy
• Maintenance
• Odor, Light, Noise Potential
• Operational Flexibility
• Operator Attention
• Performance and Reliability
• Process Monitoring
• Public Acceptance
• Redundancy/Reliability
• Safety
• Security
• Site Aesthetics
• Space Utilization
• Wet Weather Tolerance
The basis for recommendation of a selected alternative for a given process and/or facility
component will be a 3-step weighting/ranking approach developed by the Engineer, except as
otherwise directed by the County, as described in the following:
Step 1 Each criteria item will be given a "Weight" factor between 1 and 3 relative to the
specific process and/or facility component being evaluated, where "1" is considered
least important and "3" is considered most important.
Step 2 Each criteria item will then be given a "Rank" factor between 1 and 5 relative to the
specific process and/or facility component being evaluated, where "5" is considered
best (i.e., cheapest, easiest, etc.) and "1" is considered worst.
Step 3 An overall process evaluation matrix will be developed, where the individual criteria
"Weight" and "Rank" will be multiplied together, and total points determined for each
process and/or facility component being evaluated. Alternative recommendation will
be based upon the highest total points accordingly. Final alternative selection will be
reviewed and approved with County staff.
Attend Project Progress Meetings: Bi-weekly meetings with County representatives will be
conducted, as requested by the Program Manager, throughout the program to keep the County
informed of the project progress, to make certain that the Engineer is productively conducting its
consulting services and to obtain input and direction as required for outstanding project issues.
A firm day and time will be established for all bi-weekly meetings. Meeting objectives will be to
provide progress updates, reach decisions on pertinent issues relative to the specific topics
being addressed. Progress meetings may be held with other selected Engineers in order to
effectively collaborate the work effort associated with this program.
The Engineer will prepare and distribute agendas and minutes for each meeting incorporating
agenda items and meeting minute corrections provided by the County. Agendas will be
submitted to the County at least two days prior to the meeting. Draft minutes will be submitted
to the County no more than three working days following each meeting; County will provide
comments no more than three working days after receipt of draft minutes.
The Wastewater Basin Study in each basin region shall include but is not limited to the following
three (3) phases of work performed by the consultant:
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iisew
• Phase 1: Wastewater Collection System Analysis
• Phase 2: Design rehabilitation program
• Phase 3: Post Design Services
Phase 1: Wastewater Collection System Analysis
TASK 1.1 — Identify, analyze, prioritize and recommend the rehabilitation program for the basin
region. Tasks may include, but are not limited to:
1) Determine/confirm the pump station (PS) service area (basin) for each pump station
2) Determine existing and ultimate theoretical wastewater generation for each pump
station (PS) service area based on current land use and zoning. Estimate potential
ultimate wastewater flow generation for vacant land by assuming a practical potential
zoning designation consistent with historic rezoning trends.
3) Collect the necessary information to confirm the build out flow conditions for each
pump station both public and private. Obtain the following documents:
a. FDEP permit files for each lift station to identify the original design flow
b. Existing and future land use maps
c. Existing zoning maps
d. Existing and proposed (if known) PUDs
e. GMD approved wastewater pump station plans
4) Determine current wastewater flow generation for each pump station service area
based on recorded measured flow readings either entering or leaving a pump station
for a three month time period
5) Evaluate historical pump station operation to validate whether it is operating
efficiently
6) Physically examine condition of all collection system components in a Pump Station
service area based on criteria provided by PUPPMD. Provide information in both
Excel and GIS format. Some portions of the study area may have been previously
examined by either Collier County Collections Department staff or other contractors.
These areas will not need to be reexamined.
7) The inventory of conditions should include a physical survey of the collection system
which is being evaluated during the I/I investigations. The physical survey is
conducted to isolate I/I problem areas, select flow gauging (continuous and
instantaneous) sites, and provide a basis for a preliminary assessment of the general
physical (structural and operational) condition of the collection system. At a
minimum, the following tasks are to be performed during the inventory of conditions:
a. Inspection of manholes
b. Identification of continuous and instantaneous flow gauging manholes
c. Determination of gauging area boundaries for continuous and instantaneous
gauging areas
d. Measure or determine groundwater levels
e. Gravity sewer/service lateral inspection — if warranted, retain the services of a
qualified lateral inspection company to assess the condition of gravity
sewer/service laterals
f. Force Main Evaluation — Evaluate the condition of all force mains located
within the basin. Contract the services of a pipeline condition evaluation firm
if warranted.
g. Identify problem areas
8) Perform a Sewer System Evaluation Survey as defined by USEPA.
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9) Prepare exhibits for each pump station service area illustrating the pump station
service area and the associated existing and future land use and zoning. Install
wastewater flow measuring devices for a minimum period of three months in each
pump station basin. Provide organized flow monitoring report that presents recorded
flow rates in tabular and graphic formats. Analyze metered flow to determine Base
Wastewater Flow (BWF), Groundwater Infiltration (GWI) and Rainfall-Derived
Infiltration/Inflow (RDII).
10) Perform an Infiltration/Inflow Analysis of the study area including smoke testing.
11) Prepare a signed and sealed Technical Memorandum for each pump station service
area identifying:
a. The original design capacity and flow
b. Existing pump station run time information
c. Projected build out capacity and flow requirements
12) Pump Station Evaluations
a. A local knowledgeable Florida-licensed professional land surveyor or mapper
shall survey each pump station site and confirm that it is located inside a
legal easement owned by or issued to the Collier County Water Sewer
District. Retain the services of a local title research company specializing in
ownership and encumbrance property reports to confirm easement
ownership. Provide a detailed survey sketch of all above ground features,
including landscaping within a 50-ft radius from the pump station site
including topography with both 1-foot contours and intermediate spot
elevations. Locate and identify above-ground structures within 100 feet from
the pump station. Deliver sketches in hard copy, PDF and AutoCAD format.
b. Provide legal sketches and legal descriptions of required temporary and
permanent easements when requested.
c. Develop a pump station checklist to facilitate data collection during site visits.
d. Visit each pump station site and document the structural, electrical, civil and
mechanical conditions. Each site visit will include at a minimum, a civil
(water/wastewater) engineer, structural engineer and an electrical engineer
experienced with wastewater facilities. All engineers shall be registered
professional Engineers in the state of Florida. All work performed shall be
signed and sealed by Engineers performing the work.
e. Use field kits to estimate the hydrogen sulfide levels generated at each pump
station.
f. Gather available information related to each pump station to assist with pump
station evaluation, including:
• Pump Station As-Built information
• Pump Station Operational Data including pump run times, system maps,
original design data for pump station sizing, system modifications which
may have altered the pump station flow since the original design was
performed.
• Available permit information from applicable regulatory agencies including
construction permits, SDPs, certifications of completion, conveyance
documents, and compliance information. It will be the consultant's
responsibility to obtain this information.
• Property ownership and recorded information regarding easements, as
may be applicable.
g. Utilize local (Collier County) knowledgeable registered land surveyors to
stake out the easements and/or property boundaries; collect and record the
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limits of the boundary as well as the physical location of the existing pump
station components such that the adequacy of the existing area can be
reviewed for future expansion. As part of this task, call Sunshine State One-
Call System to have the existing utilities located and to determine pipe
ownership (water, irrigation quality water, gas, electric, force mains, etc) prior
to performing any field survey efforts.
h. Utilize the information from the field evaluations and the data collection stage
to perform an overall evaluation of each pump station. The field evaluations
will include evaluation of pump station components. This will include:
• An analysis of current and projected flows based on data collected
• Availability of fiber optic connections
• Available storage capacity in the pump stations collection system. This
storage capacity shall include storage within manholes and sewer mains
up to the lowest manhole overflow level
• Collection System Storage Time - Determine the available response time
from a pump station failure (high level alarm) to system overflow at
current and ultimate design flows
• Compliance with FEMA Flood Elevations
• Costs of potential improvements
• Electrical system components including site lighting, power feed (above-
ground vs. underground), feed size, emergency power supply and related
site electrical
• Existing utilities which may be in conflict with future improvements
• Existing vegetation that would require trimming and/or removal
• Fencing/Bollards (conditions and sufficiency for future expansion)
• Flow meter and by-pass assembly (if applicable)
• Landscaping (code considerations) and irrigation
• Odor control condition, size, unit type (if applicable)
• Potential for bypass pumping
• Presence of blower system for grease reduction
• Pump condition and size adequacy (to meet future flows)
• Pump controls and communication including control panels,
programmable logic controllers (if present), variable frequency drives (if
present), radio feed and tower location
• Pump energy efficiency
• Site access
• Site layout of proposed improvements
• Site size sufficiency
• Water and irrigation quality water service availability
• Wet well condition and sizing (to meet future flows)
• Wet well ventilation
i. Pump Station Evaluation Report Preparation
1. Following completion of Pump Station Evaluation, prepare a draft "Fence
to Fence" Evaluation Report (Report) addressing each pump station
within the basin. The Report will include a summary of the findings for
each evaluation component listed above. Prepare exhibits for each pump
station service area illustrating the pump station service area and the
associated existing and future land use and current zoning.
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2. A summary memorandum will be prepared for each pump station
identifying:
a. The original design capacity (head and flow)
b. Existing pump station run time information
c. Projected build out capacity (head and flow requirements)
d. Recommended pump model number and pump curve
1. Four (4) hard and one electronic copy in PDF format copies of
each draft Report will be delivered to Collier County for review
and comment. Upon completion of the county's review of
each report, meet with the County to discuss the report and
any comments that the county may have.
2. Revise each report based on comments received from Collier
County and incorporate them into the final report for each
pump station. Upon completion, four(4) signed and sealed
copies of each report will be provided to Collier County for
their use in future planning for pump station upgrades.
3. The following deliverables are anticipated:
a. Provide copies of the draft Ill Analysis and Technical
Memorandum for each pump station basin.
b. Provide copies of the final Ill Analysis and Technical
Memorandum for each lift station incorporating comments
received from Collier County.
Phase 2: Design
Engineer shall design the rehabilitation program, assist with bid process and recommend
construction contractor to execute the basin program within the region; and
• Prepare bid/quote documents for collection system renovations
• Monitor collection system renovation activities
• Design pump station
• Observe and provide oversight
The following tasks are included as part of the scope of work.
Task 2.1 Final Design and Permitting Phase
a. On the basis of the accepted preliminary fence to fence layout, Consultant will
prepare 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-, 90- 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, Engineer 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 Engineer shall not rely on them as
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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 including fencing and landscaping.
3) Civil Details
4) Demolition Plan
5) Pump Station Plan and Profile
6) Mechanical Details
7) Electrical Site Plan
8) Electrical Details
9) Riser and Wiring Diagram
10) Control Panel Layout, Name Plate Layout
b. Prepare applications for an Insubstantial Change to a Site Improvement Plan when
required from Collier County Growth Management Division and respond to requests
for additional information. Prepare all other required permit applications. Permitting
fees will be paid by the County.
c. Furnish copies of Contract Documents that include engineering drawings and
specifications. Present and review them in person with the County at the 60-percent
and 90-percent completion stages in the project and make appropriate changes for
the pump station site.
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d. Prepare a permit application for submittal to the Florida Department of Environmental
Protection (FDEP) and provide backup documentation including drawings and
specifications for each lift station site. Respond to a request for additional information
(RAI) from the FDEP. All permit fees will be paid by the County.
Task 2.2 Bidding and Award Phase
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
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e. Attend the bid opening, review bids, qualifications,
f. Provide a recommendation of award.
Phase 3— Post Design Services
Consultant's inspector shall observe regular construction and testing activities related to the
Project as directed by the Project Manager, including rehabilitation work. Construction/testing
reports and pictures of construction will be prepared daily on the day the construction activity
takes place by the Construction inspector. All construction documentation will be provided no
later than the next morning via electronic E-mail to the project manager. A hard copy will be
kept in the project file.
Task 3.1 —Construction Observation and Documentation
The construction inspector (or activity observer) will provide the services outlined below. This
section also incorporates activity observations associated with Collection System Analyses
performed in Phase 1 (i.e., smoke testing, flow monitoring, inspections, etc.).
3.1 —Construction/Testing Observation —The construction inspector will conduct on-site
observations and inspections of all construction/testing activities on the Project on a full or part
time basis unless directed otherwise by the project manager to ensure that all work is completed
in accordance with the Contract Documents. The Construction Inspector will inform the project
manager and the on-site superintendent of the construction/testing contractor of any concerns
related to conformance of the work with the Contract Documents (a concern or an Issue) as an
attempt to resolve any concern or issue on-site. If the concern or issue is not immediately
resolved in the field, the Construction Inspector shall inform the Engineer of Record (EOR) and
the project manager in writing about the concern or issue within eight (8) business hours, but
not more than one business day after the discovery of any concern or issue. The EOR will be
responsible for investigating the concern or issue and resolving the same through a written
directive to the construction contractor and so inform the project manager and the Construction
Inspector in writing. This protocol will be initiated any time the Construction Inspector becomes
aware of any construction that is unsatisfactory, faulty or defective, does not conform to the
Contract Documents, does not meet the requirements of any inspections, tests or approval
required to be made, or has been damaged before final payment. The Construction Inspector
will maintain a separate Issue Resolution Log documenting any issue or concern that is
conveyed in writing to the EOR, including the written directive resolving the issue or concern.
3.2 - Log and Construction Documentation —The construction inspector will prepare a daily log
with pictures recording activities and details related to the work on a form approved in advance
by the project manager. Information will be recorded in the log when at the Project Site. Log
entries will record all relevant aspects of the construction observed while on site including, but
not limited to: construction crew (labor) details, equipment used, materials used, compliance
testing and inspection performed, weather, temperature, site conditions, trench conditions,
backfill material used, dewatering methods, compaction methods, location of the work, and all
other details related to the Work. The log will reference the digital photographs and or video
taken with appropriate file names and file locations. In addition to the construction details, the
daily log will contain information related to: time and hours on the job site, weather conditions,
data pertaining to questions of quantities of materials used, extras or deductions, list of visiting
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officials and representatives of manufacturers, fabricators, suppliers and distributors,
observations in general and specific observations in more detail as in observing test
procedures, conformance inspection of materials and fittings, name plate data for equipment
and material installed, and other information requested by the project manager. Logs,
photograph files and other construction documentation will be provided to the project manager
by the Construction inspector on a daily basis in an electronic file via E-mail, on a digital CD
only if requested by the project manager and a printed copy to be maintained on the project site
in the inspector's trailer.
3.3— Photographic and Video Record—The Construction inspector will provide a
comprehensive digital photographic record of all construction activities related to the Project.
The digital file names will be referenced in the log along with a brief description of the
photograph, the date and time of the photograph and the name of the photographer. The digital
files will be transferred via E-mail to the project manager on a daily basis, to a digital CD if
requested by the project manager, and submitted on a daily basis along with the construction
documentation. The photographs may be electronic sent via E-mail to the project manager on a
daily basis. If requested by the project manager, pictures will be printed in high resolution color,
two captioned photos per 8 1/2" x 11" sheet, printed one side only. The prints if requested will be
provided to the project manager when needed. If requested by the project manager, Video will
be provided in digital format on DVD bi-weekly.
3.4 -General Coordination —The Construction inspector will coordinate all activities related to
the Project between the construction contractor, the EOR and the project manager. The
Construction inspector will oversee substantial and final completion inspections, and prepare
and maintain the punch list, including follow-up inspections to ensure that punch list items are
corrected and/or completed.
3.5 -Observe Regulatory Agency Inspections—The inspector will accompany visiting inspectors
representing any regulatory agencies having jurisdiction over the Project and will record all
discussions and the outcome of these regulatory inspections in the logs. The inspector will
always notify the project manager prior to any such inspections.
3.6 - Construction Progress Meetings—The inspector will coordinate bi-weekly progress
meetings chaired by the project manager, attended by the construction contractor to review
project status and identify issues that may affect the Project. The inspector will prepare a
DRAFT Agenda at least two business days in advance of the each meeting and issue written
meeting notes identifying a summary of the discussion, conclusions and any risks that have
been encountered or are expected within two days after the meeting to the project manager,
EOR, and the construction contractor.
3.7 - Substantial Completion Inspections—The Construction inspector will conduct substantial
completion inspections when requested by the construction contractor and the EOR
recommends that the work is sufficiently complete to warrant a substantial completion
inspection. During the substantial completion inspection the Construction inspector will prepare
a punch list of items requiring completion or correction to the satisfaction of the EOR and the
project manager. The Construction inspector will be responsible for maintaining the punch-list
and issuing updates to the punch-list on a weekly basis. The Construction inspector will
coordinate and participate in the final walk-through to ensure that the punch-list items are
completed to the satisfaction of the EOR and the project manager. All services related to the
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Substantial Completion Inspection shall be provided in writing and pictures to the project
manager for the Project.
3.8 — Final Completion Inspection - Upon the request of the construction contractor and
concurrence of the EOR and the project manager, the Construction inspector will conduct final
inspections of portions of the project, as they are finished to determine if construction has been
completed in accordance with the Contract Documents and the construction contractor has
fulfilled all obligations therein. Based on the results of the final inspection, the EOR, project
manager, and the Construction inspector will judge the work complete or not complete. If the
work is judged complete, the Construction inspector will issue a "notice of final acceptance and
recommendation for final payment". If the work is judged not complete, the Construction
inspector will issue written instructions to the construction contractor identifying the work judged
not complete. Upon provision of the construction contractor evidence or assurance that the
deficiencies noted above have been corrected or completed, a second final inspection will be
scheduled to verify that the outstanding issues have been resolved and the Construction
inspector can issue a "notice of final acceptance and recommendation for final payment". All
services related to the Final Completion Inspection shall be provided to the project manager of
the Project.
3.9 — Final Construction Certification— Upon issuance of a "notice of final acceptance and
recommendation for final payment" the Construction inspector will provide a signed and sealed
certification by a professional engineer of the EOR in responsible charge of the work provided
by the Construction inspectors stating that the "Project has been completed by the construction
contractor in accordance with the Plans and Specifications of the Contract Documents as
amended by the Engineer OF RECORD". All services related to the Final Construction
Certification shall be provided to the project manager of the Project.
TASK 3.2 —Construction Inspector and Project Oversight
3.2.1 - General Management and Oversight—The Construction inspector will provide support
services customarily related to the construction observation and inspection of similar projects
including, but not limited to:
a. Participate in a pre-construction meeting with the project manager, EOR, and the
general contractor.
b. Participate in other meetings as described or implied herein.
c. Review and verify correctness of the construction contractor's monthly applications
for payment and accompanying data and recommend approval of payments due to
the construction contractor. The Construction inspector's recommendation of any
payment requested in an application for payment shall constitute a representation by
the Construction inspector to the project manager as an experienced and qualified
professional, that based on Construction inspector's onsite observations and
inspections of construction in progress, that the construction quantities in the
applications for payment accurately reflect the progress of the work and that the work
is constructed in accordance with the Contract Documents. The Construction
inspector will process pay requests in accordance with the Florida Prompt Payment
Act. All incoming pay requests processed by the Construction inspector shall be
mechanically stamped with the date received.
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d. The Construction inspector will review the monthly updates to the construction
schedule prepared by the construction contractor and provide written comments to
the project manager and EOR.
e. The Construction inspector will provide such field testing and verification that all
materials, equipment and supplies installed or utilized on the Project are in full
accordance with the Contract Documents and approved Shop Drawings provided by
the EOR.
f. Within one week after the construction contractor notifies the EOR and the project
manager that the Work on the Project is substantially complete in accordance with
the Contract Documents, the Construction inspector will provide a signed and
sealed certification by a professional engineer registered in the State of Florida, that
the Work was done under his supervision and performed in accordance with the
Contract Documents, including all approved shop drawings and change orders
except as noted.
3.2.2—Coordination of Shop Drawings, Contract Interpretations and Clarifications—The
Construction inspector will coordinate with the design engineer(EOR) regarding the issuance of
interpretations and clarifications of Contract Documents during construction. The DESIGN
Engineer(EOR) shall be responsible for technical review and decisions regarding interpretation
and clarification of Contract Documents. The Construction inspector shall coordinate the
DESIGN Engineer's (EOR) decisions and responses with the construction contractor.
3.2.3 - Monitor Project Records—The Construction inspector shall monitor all required Project
records, including but not limited to delivery schedules, inventories and construction reports. Amok
3.2.4—As Constructed Field Drawings—The Construction inspector shall maintain red pencil
"mark-up" notations and sketches on full size construction plans that reflect the actual details of
constructed facilities. These Constructed Field Drawings will be used by the Construction
inspector to validate the "As Built" documentation provided by the construction contractor. The
Construction inspector will notify the project manager, EOR and the construction contractor of
any differences in the documents maintained by the general contractor and the Construction
inspector on a weekly basis for resolution by the EOR.
3.2.5—Start-up and Re-commissioning Support—The Construction inspector will assist the
project manager, the EOR, and the construction contractor during start-up of each segment
designated for Beneficial Use by the EOR and project manager, including but not limited to
signing off on regulatory permits and general coordination between the EOR, project manager,
and construction contractor.
Task 3.3—Additional Services
3.3.1 —Additional Services (only as authorized in writing) —In accordance with the contract or
purchase order, in the event that other services may arise during the course of the work, but
were not envisioned as part of the original or amended scope of work; Engineer shall submit a
proposal to perform Additional Services prior to the performance of the work. The proposal shall
include the specific services to be performed, time to complete, compensation, and an
explanation as to why the 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
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writing of Additional Services shall be deemed a waiver of any claim by the Engineer that such
services were Additional Services. Written authorization from the project manager will be
required for any charges that exceed the predetermined upper limit.
Term of Contract
The 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 six (6) years, unless
prior approval by the Board of County Commissioners.
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 18, 2011
Mandatory pre-solicitation meeting December 2, 2011, 2:30
PM, Naples Local Time
and Locations
Last Date for Receipt of Written Questions December 9, 2011, 2:30
PM, Naples Local Time
Solicitation Deadline Date and Time December 16, 2011, 2:30
PM, Naples Local Time
Response Format
The Vendor 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 Vendor 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 Vendor'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.
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The items listed below shall be submitted with each proposal and should be submitted in the
order shown. Each section should be clearly labeled, with pages numbered and separated by
tabs. Failure by a Vendor to include all listed items will result in the rejection of its proposal.
I. Tab 1: Cover Letter and Acceptance of Conditions— No points awarded
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 and identify which Wastewater Basin Regions the firm is submitting its proposal (select
one, two or three):
Naples Park
Glades
Bayshore
II. Tab 2: Project Understanding Approach — Maximum 45 points
Provide the following information:
• 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
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approach to them and your experience dealing with similar issues on other projects.
• Overall Approach - Presents 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 Wastewater Basin Study Project.
• Representative Projects - Provide a sample of a work product for each of the three
phases that is of similar nature to the County's scope of work contained in this RFP.
III. Tab 3: Technical Team — Maximum 35 points
• 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 Wastewater Basin Study Project 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.
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IV. Tab 4: Location, Availability and Responsiveness—Maximum 10 points
The selected consultant(s) will be required to interface with Public Utilities' 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 task 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 Engineer'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 County Government complex
will receive 5 points. Firms having an office beyond 75 miles will not receive any points
under this category.
V. Tab 5: References— Five (5) Completed and Returned - Maximum 10 points
In order for the firm to be awarded any points for this tab, the County requests that the firm
submits five (5) completed reference forms (see Attachment 8: Reference Questionaire)
from clients whose projects are of a similar nature to the Wastewater Basin Study Program
as described in this RFP. The County will only use the methodology calculations for the first
five (5) references (only) submitted by the firm in their proposal.
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each firm's information provided in this area:
• The County shall total each of the firm'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)). Firms 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 firm who
has the highest score.
• The next highest firm's number of points will be divided by the highest firm's points which
will then be multiplied by criteria points to determine the firm's points awarded. Each
subsequent firm's point score will be calculated in the same manner.
• Points awarded will be extended to the one decimal point (per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be
distributed among the five proposers.
Firm Total Reference
Firm Name Points Awarded
Score
Firm ABC 445 10
Firm DEF 435 9.8
Firm GHI 425 9.6
Firm JKL 385 8.7
Firm MNO 385 8.7
Firm PQR 250 5.6
The points awarded by firm will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the firm's proposal to
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ensure consistency and completion of all tasks in the RFP, and review the Points Awarded
per firm. 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.
VI. Tab VII, Required Form Submittals
• Attachment 2: Vendor Checklist
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Vendor Declaration Form
• Attachment 5: Immigration Affidavit and company's E-Verify profile page and
memorandum of understanding
• Attachment 6: Vendor Substitute 9
• Attachment 7: Insurance Requirements
• Other: License, informational materials, signed addenda
As
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Exhibit II: General RFP Instructions
1. Questions
Direct questions related to this RFP to the Collier County Purchasing Department E-
Procurement website: www.collieroov.net/bid.
Vendors must clearly understand that the only official answer or position of the County will
be the one stated on the Collier County Purchasing Department E-Procurement 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 Vendors 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 Vendors 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 Vendors 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 Vendor if the Vendor 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 Vendor 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.
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6. Delivery of Proposals
All proposals are to be delivered before 2:30 pm, Naples local time, on or before December
16, 2011 to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Nicole Parker, Procurement Strategist
The County shall 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
Vendor's personnel or by the Vendor's outside carrier. However, the Purchasing/General
Services Director, or designee, shall reserve 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
shall 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.
Vendors must submit two (2) paper copies with one copy clearly labeled "Master," and
six (6) compact disks (CD's)with one copy of the proposal on each CD in Word or
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PDF electronic format. List the Solicitation Number and Title on the outside of the disk and
box or envelope.
7. Validity of Proposals
No proposal can be withdrawn after it is filed unless the Vendor makes their request in
writing to the County prior to the time set for the closing of Proposals. All proposals shall be
valid for a period of one hundred eighty (180) days from the submission date to
accommodate evaluation and selection process.
8. Method of Source Selection
The County is using the Competitive Sealed Proposals methodology of source selection for
this procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution
Number 2006-268 establishing and adopting the Collier County Purchasing Policy.
The County may, as it deems necessary, conduct discussions with qualified Vendors
determined to be in contention for being selected for award for the purpose of clarification to
assure full understanding of, and responsiveness to solicitation requirements.
9. Evaluation of Proposals
Collier County will evaluate and select these Services in accordance with Florida Statute
287.055, Consultants' Competitive Negotiation Act.
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The County's procedure for selecting is as follows:
1. The County Manager 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 and Project
Manager shall review the proposals received and verify whether each proposal
appears to be minimally responsive to the requirements of the published RFP.
4. Meetings shall be open to the public and the Procurement Strategist shall publicly
post prior notice of such meeting in the lobby of the Purchasing Building at least one
(1) day in advance of all such meetings.
5. The committee members shall 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 shall be posted in the lobby of the Purchasing Building not less than
three (3) working days prior to the meeting. The Procurement Strategist shall also
post prior notice of all subsequent committee meetings and shall 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. Should the County request interviews or presentations, the
evaluation criteria will be disseminated to the selected firm(s) prior to the date of the
presentation.
8. The Selection Committee, as approved by the County Manager, will review, evaluate
and rank all responsive proposals received from Proposers responding to this RFP.
The committee members shall 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. 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.
9. Negotiations shall begin with the top-ranked firm(s) in accordance with Florida
Statute 287.055.
10. Upon the successful completion of negotiations, contracts will be presented to the Board of
County Commissioners for approval.
The County reserves the right to withdraw this RFP at any time and for any reason, and
to issue such clarifications, modifications, addendums, and/or amendments as it may
deem appropriate, including, but not limited, to requesting supplemental proposal
information.
Receipt of a proposal by the County or a submission of a proposal to the County offers
no rights upon the Vendor nor obligates the County in any manner.
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Acceptance of the proposal does not guarantee issuance of any other governmental
approvals. Proposals which include provisions requiring the granting of zoning variances
shall 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 shall appoint a Selection Committee to review all proposals submitted.
The factors to be considered in the evaluation of proposal responses are listed below.
Tab Criteria Points
2 Project Understanding Approach 45
3 Technical Team 35
4 Location, Availability and Responsiveness 10
5 References 10
TOTAL 100
Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm
with the lowest paid dollars by Collier County to the vendor (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 Vendor, 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 resolicit 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 the County of Collier.
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 Vendor, or
their refusal to enter into the Collier County contract, the County reserves the right to accept
the proposal of any other Vendor or to readvertise using the same or revised
documentation, at its sole discretion.
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1/8/2013 Item 10.E.
Exhibit Ill: Collier County Purchase Order Terms and Conditions
1. Offer and to comply with all carrier
This offer is subject to cancellation by the regulations. Risk of loss of any goods
COUNTY without notice if not accepted by sold hereunder shall transfer to the
VENDOR within fourteen (14) days of COUNTY at the time and place of
issuance. delivery; provided that risk of loss prior
to actual receipt of the goods by the
2. Acceptance and Confirmation COUNTY nonetheless remain with
This Purchase Order (including all VENDOR.
documents attached to or referenced b) No charges will be paid by the COUNTY
therein) constitutes the entire agreement for packing, crating or cartage unless
between the parties, unless otherwise otherwise specifically stated in this
specifically noted by the COUNTY on the Purchase Order. Unless otherwise
face of this Purchase Order. Each delivery provided in Purchase Order, no invoices
of goods and/or services received by the shall be issued nor payments made
COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and
be upon the terms and conditions contained other charges are itemized, any
in this Purchase Order. discount will be taken on the full amount
of invoice.
No additional terms may be added and c) All shipments of goods scheduled on the
Purchase Order may not be changed except same day via the same route must be
by written instrument executed by the consolidated. Each shipping container
COUNTY. VENDOR is deemed to be on must be consecutively numbered and
notice that the COUNTY objects to any marked to show this Purchase Order
additional or different terms and conditions number. The container and Purchase
contained in any acknowledgment, invoice Order numbers must be indicated on bill
or other communication from VENDOR, of lading. Packing slips must show
notwithstanding the COUNTY'S acceptance Purchase Order number and must be
or payment for any delivery of goods and/or included on each package of less than
services, or any similar act by VENDOR. container load (LCL) shipments and/or
with each car load of equipment. The
3. Inspection COUNTY reserves the right to refuse or
All goods and/or services delivered return any shipment or equipment at
hereunder shall be received subject to the VENDOR'S expense that is not marked
COUNTY'S inspection and approval and with Purchase Order numbers.
payment therefore shall not constitute VENDOR agrees to declare to the
acceptance. All payments are subject to carrier the value of any shipment made
adjustment for shortage or rejection. All under this Purchase Order and the full
defective or nonconforming goods will be invoice value of such shipment.
returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase
at VENDOR'S expense. Order number and any other specific
information as identified on the
To the extent that a purchase order requires Purchase Order. Discounts of prompt
a series of performances by VENDOR, the payment will be computed from the date
COUNTY prospectively reserves the right to of receipt of goods or from date of
cancel the entire remainder of the Purchase receipt of invoices, whichever is later.
Order if goods and/or services provided Payment will be made upon receipt of a
early in the term of the Purchase Order are proper invoice and in compliance with
non-conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise
COUNTY. known as the "Local Government
4. Shipping and Invoices Prompt Payment Act," and, pursuant to
a) All goods are FOB destination and must the Board of County Commissioners
be suitably packed and prepared to Purchasing Policy.
secure the lowest transportation rates
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5. Time Is Of the Essence and transportation shall conform to all
Time for delivery of goods or performance of applicable laws, including but not limited to
services under this Purchase Order is of the the Occupational Health and Safety Act, the
essence. Failure of VENDOR to meet Federal Transportation Act and the Fair
delivery schedules or deliver within a Labor Standards Act, as well as any law or
reasonable time, as interpreted by the regulation noted on the face of the Purchase
COUNTY in its sole judgment, shall entitle Order.
the COUNTY to seek all remedies available
to it at law or in equity. VENDOR agrees to 9. Advertising
reimburse the COUNTY for any expenses No VENDOR providing goods and services
incurred in enforcing its rights. VENDOR to the COUNTY shall advertise the fact that
further agrees that undiscovered delivery of it has contracted with the COUNTY for
nonconforming goods and/or services is not goods and/or services, or appropriate or
a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other
upon further compliance with all identifying marks or property without the
specifications. prior written consent of the COUNTY'S
Purchasing Department.
6. Changes
The COUNTY may at any time and by 10. Indemnification
written notice make changes to drawings VENDOR shall indemnify and hold harmless
and specifications, shipping instructions, the COUNTY from any and all claims,
quantities and delivery schedules within the including claims of negligence, costs and
general scope of this Purchase Order. expenses, including but not limited to
Should any such change increase or attorneys' fees, arising from, caused by or
decrease the cost of, or the time required for related to the injury or death of any person
performance of the Purchase Order, an (including but not limited to employees and
equitable adjustment in the price and/or agents of VENDOR in the performance of
delivery schedule will be negotiated by the their duties or otherwise), or damage to
COUNTY and VENDOR. Notwithstanding property (including property of the COUNTY
the foregoing, VENDOR has an affirmative or other persons), which arise out of or are
obligation to give notice if the changes will incident to the goods and/or services to be
decrease costs. Any claims for adjustment provided hereunder.
by VENDOR must be made within thirty (30)
days from the date the change is ordered or 11. Warranty of Non-Infringement
within such additional period of time as may VENDOR represents and warrants that all
be agreed upon by the parties. goods sold or services performed under this
Purchase Order are: a) in compliance with
7. Warranties applicable laws; b) do not infringe any
VENDOR expressly warrants that the goods patent, trademark, copyright or trade secret;
and/or services covered by this Purchase and c) do not constitute unfair competition.
Order will conform to the specifications,
drawings, samples or other descriptions VENDOR shall indemnify and hold harmless
furnished or specified by the COUNTY, and the COUNTY from and against any and all
will be of satisfactory material and quality claims, including claims of negligence, costs
production, free from defects and sufficient and expense, including but not limited to
for the purpose intended. Goods shall be attorneys' fees, which arise from any claim,
delivered free from any security interest or suit or proceeding alleging that the
other lien, encumbrance or claim of any third COUNTY'S use of the goods and/or
party. These warranties shall survive services provided under this Purchase Order
inspection, acceptance, passage of title and are inconsistent with VENDOR'S
payment by the COUNTY. representations and warranties in section 11
(a).
8. Statutory Conformity
Goods and services provided pursuant to If any claim which arises from VENDOR'S
this Purchase Order, and their production breach of section 11 (a) has occurred, or is
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likely to occur, VENDOR may, at the and acts of nature. When VENDOR has
COUNTY'S option, procure for the COUNTY knowledge of any actual or potential force
the right to continue using the goods or majeure or other conditions which will delay
services, or replace or modify the goods or or threatens to delay timely performance of
services so that they become non-infringing, this Purchase Order, VENDOR shall
(without any material degradation in immediately give notice thereof, including all
performance, quality, functionality or relevant information with respects to what
additional cost to the COUNTY). steps VENDOR is taking to complete
delivery of the goods and/or services to the
12. Insurance Requirements COUNTY.
The VENDOR, at its sole expense, shall
provide commercial insurance of such type 15. Assignment
and with such terms and limits as may be VENDOR may not assign this Purchase
reasonably associated with the Purchase Order, nor any money due or to become due
Order. Providing and maintaining adequate without the prior written consent of the
insurance coverage is a material obligation COUNTY. Any assignment made without
of the VENDOR. All insurance policies shall such consent shall be deemed void.
be executed through insurers authorized or
eligible to write policies in the State of 16. Taxes
Florida. Goods and services procured subject to this
Purchase Order are exempt from Florida
13. Compliance with Laws sales and use tax on real property, transient
In fulfilling the terms of this Purchase Order, rental property rented, tangible personal
VENDOR agrees that it will comply with all purchased or rented, or services purchased
federal, state, and local laws, rules, codes, (Florida Statutes, Chapter 212), and from
and ordinances that are applicable to the federal excise tax.
conduct of its business. By way of non-
exhaustive example, this shall include the 17. Annual Appropriations
American with Disabilities Act and all The COUNTY'S performance and obligation
prohibitions against discrimination on the to pay under this Purchase Order shall be
basis of race, religion, sex creed, national contingent upon an annual appropriation of
origin, handicap, marital status, or veterans' funds.
status. Further, VENDOR acknowledges
and without exception or stipulation shall be 18. Termination
fully responsible for complying with the This Purchase Order may be terminated at
provisions of the Immigration Reform and any time by the COUNTY upon 30 days
Control Act of 1986 as located at 8 U.S.C. prior written notice to the VENDOR. This
1324, et seq. and regulations relating Purchase Order may be terminated
thereto, as either may be amended. Failure immediately by the COUNTY for breach by
by the awarded firm(s) to comply with the VENDOR of the terms and conditions of this
laws referenced herein shall constitute a Purchase Order, provided that COUNTY has
breach of the award agreement and the provided VENDOR with notice of such
County shall have the discretion to breach and VENDOR has failed to cure
unilaterally terminate said agreement within 10 days of receipt of such notice.
immediately. Any breach of this provision
may be regarded by the COUNTY as a 19. General
material and substantial breach of the a) This Purchase Order shall be governed
contract arising from this Purchase Order. by the laws of the State of Florida. The
venue for any action brought to
14. Force Majeure specifically enforce any of the terms and
Neither the COUNTY nor VENDOR shall be conditions of this Purchase Order shall
responsible for any delay or failure in be the Twentieth Judicial Circuit in and
performance resulting from any cause for Collier County, Florida
beyond their control, including, but without b) Failure of the COUNTY to act
limitation to war, strikes, civil disturbances immediately in response to a breach of
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1/8/2013 Item 10.E.
itow
this Purchase Order by VENDOR shall accordance with Florida Statute Chapter
not constitute a waiver of breach. 112.061, Per Diem and Travel
Waiver of the COUNTY by any default Expenses for Public Officers, employees
by VENDOR hereunder shall not be and authorized persons.
deemed a waiver of any subsequent e) In the event of any conflict between or
default by VENDOR. among the terms of any Contract
c) All notices under this Purchase Order Documents related to this Purchase
shall be sent to the respective Order, the terms of the Contract
addresses on the face page by certified Documents shall take precedence over
mail, return receipt requested, by the terms of the Purchase Order. To the
overnight courier service, or by personal extent any terms and /or conditions of
delivery and will be deemed effective this Purchase Order duplicate or overlap
upon receipt. Postage, delivery and the Terms and Conditions of the
other charges shall be paid by the Contract Documents, the provisions of
sender. A party may change its address the Terms and/or Conditions that are
for notice by written notice complying most favorable to the County and/or
with the requirements of this section. provide the greatest protection to the
d) The Vendor agrees to reimbursement of County shall govern.
any travel expenses that may be
associated with this Purchase Order in
AO 14 Ott s
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Exhibit IV: Additional Terms and Conditions for RFP 1/8/2013 Item 10.E.
1. Insurance and Bonding Requirements
The Vendor 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 Vendor 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 Vendor waive against each other and the County's separate Vendors, 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 Vendor and County shall, where appropriate, require similar waivers of subrogation from
the County's separate Vendors, 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 Vendor to meet the requirements of this solicitation shall name
Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and
shall contain a severability of interest's provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. 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 Vendor has any self-insured retentions or deductibles under any of
the below listed minimum required coverage, Vendor 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 Vendor'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 Vendor 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 Vendor. The Vendor 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 Vendor from its
insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the
event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such
policy.
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Should at any time the Vendor not maintain the insurance coverage(s) required he. _. , _.._ _ _ __._ . .__,
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and
charge the Vendor for such coverage(s) purchased. If Vendor 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 Vendor under this Agreement or any other agreement between the County and Vendor. 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 Vendor 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 Vendor 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 vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of the
successful vendor.
3. Additional Items and/or Services
During the contract term, Collier County reserves the right to add related items and/or services upon
negotiation of a satisfactory price by the Project Manager and Vendor.
4. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly responsible'° '
for NA% 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 Vendor's facilities/project site
during and after each work assignment the Vendor 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 Vendor 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 Vendor.
7. Site Inspection
If services to be provided involve or are related to a physical site(s), including, but not limited to:
design services for construction, physical monitoring, environmental studies, inspections or other
similar activities, prior to submission of proposal, proposers shall visit the site(s) with the County ork
project manager to become familiar with local conditions that may in any manner affect
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performance of the Work. This site visit shall be documented in writing by the prop_1/8/2013 Item 10.E.
by the County project manager; this documentation shall be submitted with the proposal. The
proposal will be deemed non-responsive if the site visit documentation is not presented to the
County in the proposer's submitted proposal materials. Upon award of the contract, subsequent
site visits shall be at intervals appropriate to the stage of the project, as determined by the County
project manager.
No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may
be encountered in the execution of the Work pursuant to this Agreement as a result of failure to
make the necessary examinations and investigations shall be accepted as an excuse for any failure
or omission on the part of the awarded proposer, nor shall they be accepted as a basis for any
claims whatsoever for extra compensation or for an extension of time.
9. Payment Method
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter
218, Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
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.
Collier County cautions vendors to consider both methods of payment when determining pricing as no
additional surcharges or fees will be considered (per Rules for VISA Merchants and MasterCard
Merchant Rules). 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 shall be
submitted to the Project Manager on a monthly basis by the Vendor 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 must 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.
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Payments will be made for articles and/or services furnished, delivered, and acce 1/8/2013 Item 10.E.
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 contractor may owe debts (including, but not limited to taxes or other
fees)to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts,
the County reserves the right to off-set the amount owed to the County by applying the amount owed to
the vendor or contractor for services performed of for materials delivered in association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance
with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for
work not performed or for unsatisfactory performance of Contractual requirements.
10. Environmental Health and Safety
All Vendors and Sub vendors 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. Vendors and Sub vendors 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 Vendor's work operations. This
provision is non-negotiable by any department and/or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination
and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
11. Licenses
The Vendor 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 Vendor to submit the required documentation may be grounds to deem Vendor
non-responsive. A Vendor, 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
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If you have questions regarding professional licenses contact the Contractor Licen_1/8/20
-. Item 10.E.
Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions
regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-2477.
12. Principals/Collusion
By submission of this Proposal the undersigned, as Vendor, 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 Vendor shall be legally considered an independent Vendor,
and that neither the Vendor 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 Vendor, their employees or agents, resulting in either bodily or personal
injury or property damage to any individual, firm, or corporation.
14. Termination
Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County,
the County may terminate this Agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
15. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be
lobbied, either individually or collectively about a project for which a firm has submitted a Proposal.
Firms and their agents are not to contact members of the County Commission for such purposes as
meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final
Board approval, no firm or their agent shall contact any other employee of Collier County in reference to
this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this
provision may serve as grounds for disqualification for award of this contract to the firm.
16. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)
In order to be considered for award, firms submitting a response to this solicitation shall be required to
provide a certificate of authority from the Florida Department of State Divisions of Corporations in
accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.orq/search.html). A copy of
the document shall 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 Vendor 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
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primary or as part of a partnership or joint venture as a primary, that legal entity
---- --- -- ---
consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this
requirement will be deemed non-responsive and rejected from further consideration.
18. Protest Procedures
Any actual or prospective Vendor 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 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.
20. Security and Background Checks
If required, Vendor/ Contractor/ Proposer shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department, and drug testing for all employees that
shall provide services to the County under this Agreement. This may include, but not be limited to,
checking federal, state and local law enforcement records, including a state and FBI fingerprint check,
credit reports, education, residence and employment verifications and other related records. Contractor
shall be required to maintain records on each employee and make them available to the County for at
least four (4) years.
21. Conflict of Interest
Vendor 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.
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Violation of this provision may result in one or more of the following consequences 1/8/2013 Item 10.E.
individual, firm, and/or any employee of the firm from contact with County staff for a specified period of
time; b. Prohibition by the individual and/or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any contract held by the individual and/or firm for cause.
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
Vendors/ 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 vendor'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. Vendors 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 BidderNendor
does not comply with providing the acceptable E-Verify evidence and the executed affidavit the
bidder's /vendor's proposal may be deemed non-responsive.
Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases
not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E-Verify) program
visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to
familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully
responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with
the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws
referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and
the County shall have the discretion to unilaterally terminate said agreement immediately.
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1/8/2013 Item 10.E.
er County
Adernisve Services Don Aosow
Purchasing
Attachment 1: Vendor'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 Vendors 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 #11-5782 Wastewater Basin Analyses 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: Amok
❑ Other reason(s):
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
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1/8/2013 Item 10.E.
iffit
County
Administratike Services Division
Purchasing
Attachment 2: Vendor Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and
return with your Proposal.
Vendor 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: Nicole Parker, Procurement Strategist
CCNA Solicitation: #11-5782 Wastewater Basin Analyses
El The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due
Date.
El The Proposal will be mailed or delivered in time to be received no later than the specified due date
and time. (Otherwise Proposal cannot be considered.)
ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
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1/8/2013 Item 10.E.
Co itt
eir County
Administrative Service Division
Purchasing
Attachment 3: Conflict of Interest Affidavit
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to
the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned
interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work;
and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully
disclosed.
Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the
Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises during
the contract and/or project duration.
Firm:
Signature and Date:
Print Name
Title of Signatory
State of
County of
SUBSCRIBED AND SWORN to before me this day of ,
20 ,
by , who is personally known to me to be the
for the Firm, OR who produced the following identification
•
Notary Public
My Commission Expires
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1/8/2013 Item 10.E.
#1.
Co ler County
Administrative Juices Division
Purchasing
Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: CCNA Solicitation: #11-5782 Wastewater Basin Analyses
Dear Commissioners:
The undersigned, as Vendor 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 Vendor 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 Vendor states that the proposal is based upon the
proposal documents listed by CCNA Solicitation: #11-5782 Wastewater Basin Analyses.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
201_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
Telephone:
FAX:
Signature by:
(Typed and written)
Title:
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Additional Contact Information 1/8/2013 Item 1O.E.
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:
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• 1/8/2013 Item 10.E.
C:.o ler C..ou zty
Administrative Services Division
Purchasing
Attachment 5: Immigration Affidavit Certification
CCNA Solicitation: #11-5782 Wastewater Basin Analyses
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, Vendors/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
vendor'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 Vendor/
Bidder's proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor 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 vendor 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.
Vendor 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
Vendor'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
by
who has produced as identification.
(Print or Type Name) (Type of Identification and Number)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
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1/8/2013 Item 10.E.
Cofer County
Admistralwe Services Division
Purchasing
Attachment 6:Vendor 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)
(Vendors 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
G/Current-Solicitation Template\RFP_CCNATemplate_08042010
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1/8/2013 Item 10.E.
Co ier County
Adrrirnstrative Services l uision
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 $1.000.000single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current $1,000.000single limit per occurrence
ISO form
4. ® Indemnification To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals'fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the ContractorNendor/Consultant or anyone
employed or utilized by the ContractorNendor/Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence
of Collier County.
4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. ® Other insurance as ❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
® Professional Liability $1,000,000 Per Occurrence
• $ 500,000 each claim and in the aggregate
• $1,000,000 each claim and in the aggregate
• $2,000,000 each claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
RFP: 11-5782 42
RFP CCNA Template_06012011
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1/8/2013 Item 10.E.
❑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. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Vendor 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.
11. ® Thirty (30) Days Cancellation Notice required.
Vendor'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
Vendor Signature
Print Name
Insurance Agency
Agent Name Telephone Number
RFP: 11-5782 43
RFP CCNA Template_06012011
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1/8/2013 Item 10.E.
Co ierCounty
AdmnistratveSeNicesOnitsian
Purchasing
Attachment 8: Reference Questionnaire
Solicitation: 11-5782 Wastewater Basin Analyses
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:
hange Orders- Dollars Added : Change Orders- Days Added:
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
,ease FAX this completed survey to: By
RFP: 11-5782 44
RFP CCNA Tempiate_06012011
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1/8/2013 Item 10.E.
Contract#11-5782
Wastewater Basin Analyses (Basin 3)
PROFESSIONAL SERVICES AGREEMENT
For
BASIN #3
Master Pump Station (MPS) Basin 306 - Bayshore, consisting of basins 303, 304 and 306 (Bayshore
Drive and Thomasson Drive); (Area South of US 41, and East of the Gordon River, excluding the City
of Naples Wastewater Service Area)
THIS AGREEMENT is made and entered into this day of , 2012 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 AECOM Technical
Services, Inc., authorized to do business in the State of Florida, whose business address is 4415
Metro Parkway, Suite 404 Ft. Myers, FL. 33916 (hereinafter referred to as the "CONSULTANT").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Engineering Consulting
Services of the CONSULTANT concerning Wastewater Basin Analyses (Basin 3) (hereinafter
referred to as the "Project"), said services being more fully described in Schedule A, "Scope of
Services", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and
WHEREAS, the CONSULTANT represents that it has expertise in the type of professional
services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
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1/8/2013 Item 10.E.
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Engineering Consulting Services
(Basin 3) in all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of
Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the
OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation",
which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all
such licenses as are required to do business in the State of Florida and in Collier County, Florida,
including, but not limited to, all licenses required by the respective state boards and other
governmental agencies responsible for regulating and licensing the professional services to be
orovided 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 Lennart J. Lindahl, P.E., 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
"gat 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
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1/8/2013 Item 10.E.
Atts
shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval,
and if so removed must be immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from
Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or
retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any
such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform
services or work pursuant to the requirements of this Agreement, said request may be made with or
without cause. Any personnel so removed must be immediately replaced with a person acceptable to
OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional
services that will be performed pursuant to this Agreement and has extensive experience with
projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be
provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and
approval and shall be in accordance with the generally accepted standards of professional practice in
the State of Florida, as well as in accordance with all applicable laws, statutes, including the Local
Government Prompt Payment Act (218.735 and 218.76 F.S.) as amended in the 2010 legislative
session, ordinances, codes, rules, regulations and requirements of any governmental agencies,
including 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) amounts for
the following: Tasks not completed within the expressed time frame, including require
deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or
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1/8/2013 Item 10.E.
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
..mployees, agents, subconsultants and subcontractors to comply with the provisions of this
paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be
submitted in an AutoCAD Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida
State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference
specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter
Sections are also acceptable), or when implemented, derived from the RTK (Real-Time Kinematic)
GPS Network as provided by OWNER. Information layers shall have common naming conventions
(i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry
standard CAD specifications.
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1/8/2013 Item 10.E.
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. Ifs"`'
OWNER determines that a change in the Agreement is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment shall be issued to document the
consequences of the changes or variations, provided that CONSULTANT has delivered written notice
to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should
have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above,
waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation
or time of performance under this Agreement. The following services, if not otherwise specified in
Schedule A as part of Basic Services, shall be Additional Services:
2.1. Preparation of applications and supporting documents (except those already to be furnished
under this Agreement) for private or governmental grants, loans, bond issues or advances in
connection with the Project.
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1/8/2013 Item 10.E.
.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
,btaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other than the
Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for
herein.
2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or
other legal or administrative proceeding, involving the Project (except for assistance in consultations
which are included as part of the Basic Services to be provided herein).
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2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise
provided for in this Agreement or not customarily furnished in Collier County as part of the Basic
Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative
with respect to the services to be rendered under this Agreement (hereinafter referred to as the
"Project Manager"). The Project Manager shall have authority to transmit instructions, receive
information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S
services for the Project. However, the Project Manager is not authorized to issue any verbal or
written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to
have the effect, of modifying or changing in any way whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in
accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to OWNER's
requirements for the Project, including design objectives and constraints, space,
capacity and performance requirements, flexibility and expandability, and any
budgetary limitations;
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(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S possession
pertinent to the Project, including existing drawings, specifications, shop drawings,
product literature, previous reports and any other data relative to the Project;
• (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project
site to perform the services to be provided by CONSULTANT under this Agreement;
and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the
OWNER with respect to the services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of
.iis 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 Schedule C, attached hereto and
made a part hereof. Time is of the essence with respect to the performance of this Agreement. 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 six (6) years, unless with prior approval by
the Board of County Commissioners.
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
vvhich CONSULTANT may have had to request a time extension for that specific delay.
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4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER
may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise
to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy
against OWNER will be the right to seek an extension of time to its schedule provided, however, the
granting of any such time extension shall not be a condition precedent to the aforementioned "No
Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as
well as claims based on late completion. Provided, however, if through no fault or neglect of
CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar
days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that
have not yet been performed, to reflect the incremental increase in costs experienced by
CONSULTANT, if any, as a result of such delays.
Agaitk-
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any
and all payments due and owing to the CONSULTANT until such time as the CONSULTANT
resumes performance of its obligations hereunder in such a manner so as to reasonably establish to
the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on
schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing
Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a
waiver of any right or claim OWNER may have against CONSULTANT for delay or any other
damages hereunder.
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ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for services
rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of
Compensation", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT
shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings,
plans, 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
iith delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain
copies of the Project Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to
pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT
warrants to OWNER that it has full right and authority to grant this license to OWNER. Further,
CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project
following CONSULTANT'S termination for any reason or to perform additions to or remodeling,
replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be
making Project Documents available for review and information to various third parties and hereby
consents to such use by OWNER.
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ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern or
reflect its services hereunder. The records and documentation will be retained by CONSULTANT for
a minimum of 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
Atook
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 8.1.
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.
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n.2 All insurance shall be from responsible companies duly authorized to do business in the State of
rlorida.
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 coverages 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.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and
shall be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for
damages covered by insurance to the extent insurance proceeds are paid and received by
OWNER, except such rights as they may have to the proceeds of such insurance held by any
of them.
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9.5 All insurance companies from whom CONSULTANT obtains the insurance policies requiredoft
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.
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
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-ubcontractor, 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.
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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 OWNER, including, but
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it 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 receipt of CONSULTANT'S written notice, CONSULTANT may, upon
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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 required
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:reunder. 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: Director of Purchasing / General Services
Phone: 239-252-8407; Fax: 239-732-0844
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:
AECOM Technical Services
4415 Metro Parkway, Suite 404
Ft. Myers, FL. 33916
Attn: Ron Cavalieri
Telephone: 239-278-7996; Fax: 239-278-0913
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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.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall
survive the expiration or termination of this Agreement.
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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 SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
RFP #11-5782 TERMS & 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.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or
erson, 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,
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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.
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
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parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court
,iediator 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
.1nmigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have the discretion
to unilaterally terminate this agreement immediately.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for
Engineering Consulting Services concerning Wastewater Basin Analyses (Basin 3) the day and
year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Dwight E. Brock, Clerk
By:
Date: By:
Fred W. Coyle, Chairman
AECOM Technical Services, Inc.
By:
Witness
Typed/Printed Name and Title
Typed/Printed Name and Title
Witness
Typed/Printed Name and Title
Approved as to form and
legal sufficiency:
Scott Teach
Deputy County Attorney
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SCHEDULE A
SCOPE OF SERVICES
1. DESCRIPTION OF PROJECT:
1.1. The basin region is described below:
BASIN #3
Master Pump Station (MPS) Basin 306 - Bayshore, consisting of basins 303, 304 and 306 (Bayshore Drive
and Thomasson Drive); (Area South of US 41, and East of the Gordon River, excluding the City of Naples
Wastewater Service Area)
A. SCOPE OF SERVICES
The scope of work to be provided to the COUNTY is organized into five (5) Task Groups as detailed
below.
B. COUNTY RESPONSIBILITIES
1. COUNTY will attend all required meetings and provide feedback in a timely manner.
2. COUNTY will provide CONSULTANT access to the project area.
3. COUNTY will provide available as-constructed documents (including drawings, specifications, shop
drawings, etc.) for the existing facilities. The CONSULTANT may rely on this information without
further verification.
4. COUNTY will review, make comments, and approve all submittals made by CONSULTANT to the
OWNER as set forth herein. Fourteen (14) calendar days have been allocated in the schedule for
each OWNER review.
5. COUNTY will provide CONSULTANT with most current GIS shapefiles and geodatabase for existing
wastewater collection and conveyance system. COUNTY will be responsible for validity of GIS
geodatabase data.
6. COUNTY will provide CONSULTANT with most current Excel spreadsheet for existing pump
station and wet well data. COUNTY will be responsible for validity of information provided in the
spreadsheet.
7. COUNTY will provide CONSULTANT with design and permit documents associated with the planned
unit developments in the MPS 306 Basin. CONSULTANT will consider this information for projection
of future wastewater flow buildout condition.
8. COUNTY will provide CONSULTANT with a copy of the Preliminary Alignment Study for the new
force main.
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TASK DESCRIPTION
Task Group No. 1 - Project Management
Throughout the duration of the program, the Consultant will provide project management assistance
consisting of the following:
• Attend biweekly (every two weeks) progress meeting with PUD staff
• Graphics/exhibit preparation
• Progress meeting assistance
• Project management assistance
• Project management plan preparation. Project Management Plan will include project goals and
objectives, scope of work and work breakdown structure, project schedule and budget, staffing plan
with individual roles and responsibilities, document management system, contact information and
communication protocol, monitoring and reporting plan, description of deliverables and review
process plan, Quality Assurance/Quality Control (QA/QC) Plan, and Health and Safety Plan
(HASP).
• Coordinate project activities throughout the duration of the project
• Conduct project kick-off meeting
Attendance at Project Progress Meetings: The Consultant shall attend bi-weekly meetings with County
representatives, as requested by the Program Manager, throughout the program to keep the County
informed of the project progress, to make certain that the Consultant is productively conducting its Alsok
consulting services and to obtain input and direction as required for outstanding project issues. A firm
day and time will be established for all bi-weekly meetings. Meeting objectives will be to provide
progress updates, reach decisions on pertinent issues relative to the specific topics being addressed.
Progress meetings may be held with other selected Engineers in order to effectively collaborate on the
work effort associated with this program.
The Consultant shall prepare and distribute agendas and minutes for each meeting incorporating agenda
items and meeting minute corrections provided by the County. Agendas shall be submitted to the County
at least two days prior to the meeting. Draft minutes will be submitted to the County no more than three
(3) working days following each meeting; County will provide comments no more than three working days
after receipt of draft minutes.
Subtasks under this Task include::
1. Prepare Project Management Plan
2. Attend Progress Meetings, including kick-off meeting. There will be 40 progress meetings plus
the kick-off meeting.
3. Coordinate project activities throughout the duration of the project. The estimated project
duration is 80 weeks.
Task Group No. 2 -Work Plan Development
Consultant will prepare a Field Data Collection Work Plan prior for implementation of field data collection
activities. The Field Data Collection Work Plan will be completed as outlined below:
1) Review existing information and prepare field data collection work plan outline and submit to COUNTY
for review prior to holding a data collection workshop.
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2) Prepare data collection meeting agenda; attend meeting with COUNTY staff to discuss data needs
and planned data collection efforts; and prepare and distribute meeting notes.
3) Prepare draft Field Data Collection Work Plan and submit to COUNTY for review. The Field Data
Collection Work Plan will include the following:
• Introduction—purpose and objectives of field data collection
• Existing System.and Operation—overview of MPS Basin 306
• Requirements for data collection, including Pump Station indirect flow monitoring, and
pressure monitoring
• Pump Station Evaluations — objective and procedure for station survey, and criteria for
physical inspections (civil, electrical and l&C, structural)
• Hydraulic Modeling — purpose, methodology for model construction, data collection
requirements
Consultant shall conduct internal QA/QC review of draft Work Plan prior to submission to the COUNTY
4) Meet with COUNTY to discuss the draft data collection work plan and receive COUNTY comments.
Prepare and distribute final field data collection work plan.
Task Group No. 3— Preliminary Engineering
1) Determine/confirm the pump station (PS) service area (basin)for each pump station.
Consultant shall prepare a sewer shed map and shapefile delineating the sewer shed tributary to
each pump station for the MPS Basin 306 wastewater collection and conveyance system.
2) Determine existing and ultimate theoretical wastewater generation for each pump station (PS)
service area based on current land use and zoning. Estimate potential ultimate wastewater flow
generation for vacant land by assuming a practical potential zoning designation consistent with
historic rezoning trends.
Consultant shall develop existing and ultimate wastewater generation flow rates for each pump station
based on estimated population served within each sewer shed. Consultant will coordinate population
projections with the Collier County Comprehensive Planning Section to utilize existing information for
future land use and population projections. Consultant shall meet with the COUNTY and the
Comprehensive Planning Section to agree upon the data sources and parameters that will be used for
making these projections. The following information will be used in completing the theoretical and
ultimate population and flow projections:
• SCADA runtime records for all wastewater service area pump stations within the study area
that are connected to the COUNTY's Water Reclamation Facilities (WRFs)
• Historical diurnal flows to the South County WRF (SCWRF)
• Pump curves for each wastewater pump station.
• Traffic Analysis Zone (TAZ) population data for the wastewater service area
• Collier County Water and Sewer Districts population data. Population estimates are based on
Bureau of Economic and Business Research (BEBR) medium range growth through 2031
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• Level of Service Standards (LOSS). The LOSS for the NCWRF is 120 gpcd and for the
SCWRF is 100 gpcd.
• GIS files indicating current locations of wastewater pump stations and force mains, existing
roads, topography, existing and future land use, and parcel data.
Consultant shall prepare a draft Technical Memorandum summarizing the results of the existing and
ultimate wastewater flow projections. Consultant shall conduct internal QA/QC review of draft
Technical Memorandum prior to submission to the COUNTY. Meet with County staff to review draft
Technical Memorandum and, after addressing COUNTY comments prepare and submit a final
Technical Memorandum.
3) Collect the necessary information to confirm the build out flow conditions for each pump station both
public and private. Obtain, if possible, the following documents:
• FDEP permit files for each pump station to identify the original design flow
• Existing and future land use maps
• Existing zoning maps
• Existing and proposed (if known) PUDs.
• GMD or other approved wastewater pump station plans
The information described in paragraph 3 above will be provided by PUPPMD staff prior to
development of the existing and ultimate wastewater flow generation rates under Task 3.2.
4) Determine current wastewater flow generation for each pump station service area based on SCADA
information provided by COUNTY or other methods acceptable to the Consultant and COUNTY.
Consultant shall conduct indirect flow monitoring for all County-owned and private pump stations (a
total of 34 stations, not counting the 3 MPSs). The indirect flow monitoring will be accomplished by
monitoring the water surface elevation in the wet well and pump run times. The wet well elevation
data will be recorded electronically using a data logger. To accomplish this Consultant will monitor
wet well elevations for the seven (7) privately owned pump stations during a 4 week flow monitoring
period. The wet well elevations for the 27 COUNTY owned stations will be monitored for 1 week to
establish pump operating elevations. Thereafter, it is assumed that pumps will continue to operate at
these elevations. Estimated flow will be computed from monitored data. The results of the indirect
flow monitoring will be summarized in a technical memorandum, which include graphs of estimated
flow versus time for each pump station during the entire monitoring period. The COUNTY will be
responsible for providing pump run time data and to operate the system. Consultant shall also
summarize the COUNTY's SCADA data over a three (3) year period to identify peak dry and peak
wet weather flow for each of the COUNTY owned pump stations.
COUNTY will provide Consultant with direct flow monitoring data for the MPSs 303, 304 and 306.
5) Consultant shall develop a hydraulic model of the manifolded force main network for the MPS
Basin 306. The hydraulic model will be used in the assessment of pumping station hydraulics. The
hydraulic model of the wastewater pump station and force main network will be constructed using
the COUNTY's wastewater system GIS geodatabase, pump and wet well data, and pump station
operations data and analysis. CONSULTANT shall create the hydraulic model in Sewer Gems®
Sanitary, version V8i (series 3). The hydraulic model will include wet wells, pumps, and
manifolded wastewater force main network. Gravity sewers will not be included in the hydraulic
model. The model elements will be constructed with physical data (size, diameters, elevations,
wet well operating levels, and pump curves) for the pump stations described above. Boundary
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conditions will be established for points of connection to the system-wide Wastewater Collection
and Conveyance System.
To assist with model verification Consultant shall monitor pressure at six existing ARV locations in the
MPS Basin 306 force main network. Consultant shall install pressure transducers at each location
and monitor the pressure for a period of one (1) week. Consultant shall download data and provide
graphical results.
CONSULTANT shall prepare a draft hydraulic model construction Technical Memorandum . The
Technical Memorandum will include a written description of the model construction and supporting
documentation. Consultant will conduct QA/QC review and address QA/QC comments prior to
submission to the COUNTY. Submit draft Technical Memorandum to the COUNTY. The Consultant
shall meet with County staff to review draft Technical Memorandum, and, after addressing COUNTY
comments prepare and submit a final Technical Memorandum.
6) Prepare exhibits for each pump station service area illustrating the pump station service area and the
associated existing and future land use and zoning
Exhibits for each pump station service area will be included in the Pump Station Evaluation Report
prepared under Task 4.
Task Group No. 4- Pump Station Evaluations and Reports
1) Pump Station Evaluations: Consultant will complete a pump station evaluation for only the COUNTY
owned pump stations. There are 30 COUNTY owned pump stations within MPS 306 Basin, including 3
MPSs.
a. A local knowledgeable Florida-licensed professional land surveyor or mapper shall survey
each pump station site and confirm that it is located inside a legal easement owned by or
issued to the Collier County Water Sewer District. Retain the services of a local title
research company specializing in ownership and encumbrance property reports to confirm
easement ownership. Provide a detailed survey sketch of all above ground features,
including landscaping within a 50-ft radius from the pump station site including topography
with both 1- foot contours and intermediate spot elevations. Locate and identify above-
ground structures within 100 feet from the pump station. Deliver sketches in hard copy,
PDF and AutoCAD format.
Consultant shall also perform a subsurface utility exploration (SUE) for each pump station site to
locate underground utilities. Soft digs to confirm size and type of utility are not included. The
information obtained from the SUE will be included on the site surveys.
b. Provide legal sketches and legal descriptions of required temporary and permanent easements when
requested. Consultant shall prepare at least one (1) legal description and sketch for each COUNTY
owned pump station for a total of thirty (30).
c. Develop a pump station checklist to facilitate data collection during site visits.
d. Visit each pump station site and document the structural, electrical, civil and mechanical
conditions. Each site visit will include at a minimum, a civil (water/wastewater) engineer,
structural engineer and an electrical engineer experienced with wastewater facilities. All
engineers shall be registered professional Engineers in the state of Florida. All work
performed shall be signed and sealed by Engineers performing the work.
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e. Gather available information related to each pump station to assist with pump station
evaluation, including:
• Pump Station As-Built information
• Pump Station Operational Data including pump run times, system maps, original design data for
pump station sizing, system modifications which may have altered the pump
station flow since the original design was performed.
f. Utilize local (Collier County) knowledgeable registered land surveyors to stake out the easements
and/or property boundaries; collect and record the limits of the boundary as well as the physical
location of the existing pump station components such that the adequacy of the existing area can be
reviewed for future expansion. As part of this task, call Sunshine State One-Call System to have the
existing utilities located and to determine pipe ownership (water, irrigation quality water, gas,
electric, force mains, etc) prior to performing any field survey efforts.
g. Utilize the information from the field evaluations and the data collection stage to perform an overall
evaluation of each pump station. The field evaluations will include evaluation of pump station
components. This will include:
• An analysis of current and projected flows based on data collected
• Availability of fiber optic cable for future SCADA connections
• Available storage capacity in the pump stations collection system. This storage capacity shall
include storage within manholes and sewer mains up to the lowest manhole overflow level
• Collection System Storage Time - Determine the available response time from a pump station
failure (high level alarm) to system overflow at current and ultimate design flows
• Compliance with FEMA Flood Elevations
• Costs of potential improvements
• Electrical system components including site lighting, power feed (above-ground vs.
underground), feed size, emergency power supply and related site electrical
• Existing utilities which may be in conflict with future improvements
• Existing vegetation that would require trimming and/or removal
• Fencing/Bollards (conditions and sufficiency for future expansion)
• Flow meter and by-pass assembly (if applicable)
• Landscaping (code considerations) and irrigation
• Odor control condition, size, unit type (if applicable)
• Potential for bypass pumping
• Presence of blower system for grease management
• Pump condition and size adequacy (to meet future flows)
• Pump controls and communication including control panels, programmable logic controllers (if
present), variable frequency drives (if present), radio feed and tower location
• Pump energy efficiency
• Site access
• Site layout of proposed improvements
• Site size sufficiency
• Water and irrigation quality water service availability
• Wet well condition and sizing (to meet future flows)
• Wet well ventilation
In addition to the above, Consultant shall complete a detailed evaluation and hydraulic analysis of
MPS 306. The COUNTY plans to replace the existing MPS 306 with a new MPS located on
Thomasson Lane, west of the existing station. The evaluation will include the items listed above as
well as the following:
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• The MPS 306 will be sized to include flow diverted from MPS 302 on a temporary basis.
Normally flow is pumped from MPS 302 to the SCWRF, but in case of emergency or
system maintenance, flow could be diverted to MPS 306.
• A new force main from MPS 306 to the SCWRF. The COUNTY will provide Consultant
with results of a Preliminary Alignment Study for the new force main. Consultant shall
provide a preliminary alignment design on 22-inch x34-inch drawings at scale of 1-inch =
20 feet, which shows the proposed force main alignment.
• Piping modifications at the MPS 302 to permit flow diversion from MPS 302 to MPS 306 or
to receive flow diverted from MPS 306 to MPS 302.
• Pipe arrangement at MPS 306, which will permit flow to be pumped to either MPS 302 or
to the SCWRF
• The new force main will be inter-connected to an existing force main from MPS 301. The
connection will be designed to also permit flow from MPS 301 to be conveyed to MPS 306
via the new force main. Consequently, the MPS 306 must have adequate capacity to
pump the flow from MPS 301 to the MPS 302.
2) Following completion of Pump Station Evaluation, prepare a draft "Fence to Fence" Evaluation
Report (Report) addressing Level 3 pump stations and three Master Pump Stations within the basin.
The Report will include a summary of the findings for each evaluation component listed above.
Prepare exhibits for each pump station service area illustrating the pump station service area and the
associated existing and future land use and current zoning.
Consultant will complete a Pump Station Evaluation Report for only the COUNTY owned pump
stations. There are 30 COUNTY owned pump stations within MPS 306 Basin, including 3 MPSs. The
Pump Station Evaluation Report will include a description of the recommended improvements and
proposed site plan for each pump station, except MPS 306. The improvements outlined under Task 5
will be included, unless otherwise directed by the COUNTY.
A separate Preliminary Design Report (PDR) shall be prepared for MPS 306. The MPS 306
Preliminary Design Report will include the following:
a. Introduction, including background purpose and
scope b. Description of existing facilities and existing
site plan, c. Topographic survey of new site
d. Recommended improvements, including the following
i. Proposed site plan
ii. Civil/mechanical requirements, including preliminary pump and pipe layout
iii. Odor control requirements
iv. Architectural requirements, including building floor plan and elevations. The building
will include 2 rooms, 1 for the standby power generators and 1 for the electrical and
&C.
v. Electrical requirements, including
1. Coordination with electric utility company
2. Preliminary single line diagrams
vi. Instrumentation and control (l&C) requirements
vii. Structural requirements, slab on grade for building, and below grade poured-in-place
concrete structure for wet well
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viii. Building mechanical requirements, including air conditioning for l&C room and
ventilation for generator room.
ix. Requirement for standby power generators and diesel fuel storage
tank
x. Landscape/irrigation requirements
xi. Civil/site requirements
xii. Demolition plan for existing MPS 306
xiii. Piping modifications for MPS 302
e. Requirements for geotechnical investigation
f. Hydraulic calculations
g. Opinion of probable construction cost
h. Implementation Plan, including schedule and required permits/approvals
3) Five (5) printed copies and one electronic copy in PDF format of each draft Report will be delivered to
Collier County for review and comment. Upon completion of the COUNTY's review of each report,
meet with the COUNTY to discuss the report and any comments that the COUNTY may have.
Consultant shall conduct internal QA/QC review of draft Pump Station Evaluation Report and MPS 306
PDR prior to submission to the COUNTY. Consultant shall attend one (1) meeting to review
comments on each report.
Revise each report based on comments received from Collier County and incorporate them into the
final report for each pump station. Upon completion, four (4) signed and sealed copies of each report
shall be provided to Collier County for their use in future planning for pump station upgrades.
Task Group No. 5 — Final Design and Permitting
1) Plans and Specifications
On the basis of the accepted preliminary fence to fence layout and recommended improvements,
Consultant shall prepare 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-, 90- and 100-percent complete
stages for review and approval. An engineer's opinion of probable construction cost will
accompany each submittal.
Sixty (60), ninety (90) and one hundred (100) percent submittals will be required for all construction
contracts except for Contract 4: Force Main from MPS 306 to SCWRF and Contract 5: MPS Basin
306 Pump Station Improvements. A 60-percent submittal will not be included for these contracts.
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, 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 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.
Consultant shall prepare separate drawings and specifications (i.e. bid documents) for the following
construction contracts:
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a) Contract 1: MPS 303. The improvements for MPS 303 are anticipated to include the following:
a. Demolition of existing building if required to meet current building codes
b. Replace existing building and all electrical, mechanical, and I&C equipment inside the
building. New building will have 2 rooms, 1 for the standby power generator and 1 for
electrical and I&C. The electrical and l&C room will be air conditioned.
c. New standby power generator and/or pump and fuel oil storage tank
d. Raise pump station valve vault piping above ground. Replace all piping inside wet
well and above ground with HDPE pipe.
e. ARV addition to above ground piping
f. Provision for bypass piping and emergency pumping
g. Addition of secondary containment berm to contain overflow from wet well
h. It is assumed that the existing pumps and odor control equipment will not be replaced
i. Consultant anticipates that plumbing and fire protection for the MPS 303 building are
not required.
b) Contract 2: MPS 304. The improvements for MPS 304 shall include the same components as
those listed above for MPS 303.
c) Contract 3: MPS 306. The improvements for MPS 306 shall include the following:
a. Demolition of existing MPS 306 upon completion of the relocated Master Pump Station
b. Construction of a new MPS 306 on a green field site located approximately 1000 feet west of
the existing MPS 306. The capacity of the new pump station is anticipated to be in the range
of 40 to 50 mgd.
c. There may be either six or eight submersible pumps in a below grade poured in place concrete
structure.
d. A new building will be provided with 2 rooms: 1 for the standby power generators and/or pumps
and 1 for the electrical and l&C. The electrical and l&C room will be air conditioned.
e. Piping modifications at MPS 302, including installation of automatic motor operated valves
and incorporated into the COUNTY's SCADA system for remote operation.
f. Gravity sewer/force main extension between existing MPS 306 to new MPS 306. Estimated
length is 1,200 feet.
g. Proposed site plan will include secondary containment, landscaping, irrigation and
stormwater drainage plan.
h. A subsurface soil investigation will be performed for the new MPS 306 site. Two borings will be
completed to a depth of 30 feet.
i. Consultant anticipates that plumbing and fire protection for the MPS 306 building are not
required.
d) Contract 4: Force Main from MPS 306 to SCWRF. The design of the new force main will be based
on the following:
a. The new force main will extend from the new MPS 306 to the SCWRF. The estimated length is
about 17,500 feet.
b. It is anticipated that the force main alignment will follow the route shown for option B in the
Collier County Force Main Extension Feasibility Study dated February 2012. Final pipe size
and material selection will be determined during design of MPS 306.
c. The COUNTY will provide Consultant with a Preliminary Alignment Study for the new force
main. The Preliminary Alignment Study will include preparation of design level topographic
survey, and location of existing utilities along the proposed route. COUNTY will provide
electronic copy of drawings in dwg format.
d. The Preliminary Alignment Study will include plans, which show the proposed horizontal
location of the force main on 1-inch = 20 feet scale drawings. The design is anticipated to be
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30 % complete. Consultant will prepare plan and profile drawings, details and technical '
specifications for the final design.
e. A field verification survey will be performed to confirm existing site conditions along the
proposed route. For budgetary purposes, Consultant has assumed that no further survey will
be required along the proposed force main alignment.
f. A subsurface soil investigation will be performed along the proposed force main alignment.
Borings will be located every 500 feet.
g. Interconnection with force main from MPS 301
h. Surge suppression analysis and recommended improvements
e) Contract 5: MPS Basin 306 Pump Station Improvements. The improvements for the MPS
Basin 306 Pump Stations are anticipated to include the following:
a. Raise pump station valve vault piping above ground. Replace all piping inside wet well
and above ground with HDPE pipe.
b. ARV addition to above ground piping
c. It is anticipated that pumping equipment will not be replaced and there will be no
electrical, structural or l&C improvements for the County owned pump stations.
d. Consultant will prepare a typical demolition plan, and pump and valve vault piping plan for
each of the County owned pump stations. A piping schedule will be prepared to provide
pipe size and elevation specifications for each pump station.
e. Design drawings will include existing site conditions plan and proposed site plan for
each pump station.
A Summary of Drawing Content for the anticipated final (issued for bidding) drawings is included in
Table 1. Consultant anticipates that a budget for design of improvements in addition to those
described above would be included in a separate Purchase Order.
Furnish copies of Contract Documents that include engineering drawings and specifications. Present
and review them in person with the County at the 60-percent and 90-percent completion stages in
the project and make appropriate changes for the pump station site.
Consultant shall Conduct QA/QC review and address QA/QC comments prior to submittal to
COUNTY. Consultant shall meet with COUNTY staff to review each draft design submittal, and, after
addressing COUNTY comments, prepare and submit final design documents.
2) Permits
a. Prepare applications for an Insubstantial Change to a Site Improvement Plan when required
from Collier County Growth Management Division and respond to requests for additional
information. Prepare all other required permit applications. Permitting fees will be paid by the
County.
An application for Site Improvement Plan will be required for MPS 306.
b. Prepare a permit application for submittal to the Florida Department of Environmental
Protection (FDEP) and provide backup documentation including drawings and
specifications for each pump station site. Respond to a request for additional information
(RAI)from the FDEP. All permit fees will be paid by the County.
Two separate permit applications will be required: 1 for MPS 306 and 1 for the force main
from MPS 306 to the SCWRF. Modification to MPSs 303 and 304, and to the county
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owned pump stations will be treated as a maintenance activity and a FDEP permit is not
required.
c. Prepare applications for working in Collier County and FDOT right of way. Permitting fees will
be paid by the County.
Consultant shall prepare an FDOT permit application for the force main from MPS 306
to the SCWRF along state highway US 41.
d. Prepare applications for SFWMD. Permitting fees will be paid by the County.
Consultant shall prepare an Environmental Restoration Permit Application for the MPS
306. An Endangered Species study and wetlands delineation investigation is not required.
The ERP will include a stormwater management plan.
3) Subsurface Soil Exploration. Consultant shall perform subsurface soil exploration for the new MPS
306 and the force main from MPS 306 to the SCWRF. The scope of services will include the following:
• Conducting Standard Penetration Test (SPT) borings and auger borings to a depth of 15
feet for the new force main. Borings will be completed one every 500 feet along the
proposed force main alignment. A total of 36 borings will be completed. The borings will
include 6 SPT borings and 30 auger borings.
• Conducting two (2) Standard Penetration Test (SPT) borings to a depth of 30 feet at the
location of the MPS 306.
A subsurface soil investigation report will be provided, which includes the results of the
subsurface soil investigation and recommendations for site preparation and foundation design.
The ground surface elevation at each boring location will be provided.
B. DELIVERABLES
All deliverables shall be furnished in MSWord or AutoCAD and Adobe pdf format. Deliverables
include:
1. Project Management Plan
2. Progress Meeting Minutes
3. Outline of Field Data Collection Work Plan
4. Five (5) hard copy sets of draft Field Data Collection Work Plan for review by COUNTY
5. Five (5) hard copy sets of final Field Data Collection Work Plan. An electronic copy on CD of the Work
Plan formatted in Word.
6. Five (5) hard copy sets of draft Existing and Theoretical Future Wastewater Flow Projections
Technical Memorandum for review by COUNTY
7. Five (5) hard copy sets of final Existing and Theoretical Future Wastewater Flow Projection Technical
Memorandum. Art electronic copy on CD of the TM formatted in Word.
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8. Five (5) hard copy sets of draft Hydraulic Model Construction Technical Memorandum for review by
COUNTY
9. Five (5) hard copy sets of final Hydraulic Model Construction Technical Memorandum. An electronic
copy on CD of the TM formatted in Word.
10. Five (5) hard copy sets of draft Pump Station Evaluation Report for review by COUNTY
11. Five (5) hard copy sets of final Pump Station Evaluation Report. An electronic copy on CD of the
Reports formatted in Word.
12. Five (5) hard copy sets of draft MPS 306 Preliminary Design Report for review by COUNTY
13. Five (5) hard copy sets of final MPS 306 Preliminary Design Report. An electronic copy on CD of
the Reports formatted in Word.
14. Five (5) hard copy sets of 60% complete Contract Drawings and Technical Specifications for review
by the COUNTY.
a. Contract 1: MPS 303
b. Contract 2: MPS 304
c. Contract 3: MPS 306
15. Five (5) hard copy sets of 90% complete Contract Drawings and Technical Specifications for review
by the COUNTY
a. Contract 1: MPS 303
b. Contract 2: MPS 304
c. Contract 3: MPS 306
d. Contract 4: Force Main from MPS 306 to SCWRF
e. Contract 5: MPS Basin 306 Pump Station Improvements
16. Five (5) hard copy sets of final Contract Drawings and Technical Specifications. Provide electronic
copy of Contract Drawings and Technical Specifications on CD for competitively bidding the work.
a. Contract 1: MPS 303
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b. Contract 2: MPS 304
c. Contract 3: MPS 306
d. Contract 4: Force Main from MPS 306 to SCWRF
e. Contract 5: MPS Basin 306 Pump Station Improvements
17. Three (3) hard copy sets of signed and sealed Permit Applications and supporting documentation
18. Five (5) sets of Soil Investigation Report
19. Electronic copy of hydraulic modeling files and GIS Shapefiles on CD.
C. SUBCONSULTANTS
The following Subconsultants will be utilized on this Phase:
1. Q Grady Minor to assist in initial data gathering, perform pump station surveys, field verification
survey for force main from MPS 306 to the SCWRF, and design modifications for MPS 302
2. Johnson Engineering to perform indirect flow monitoring and pressure monitoring
3. Ardaman and Associates to perform subsurface soil exploration
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SCHEDULE B
BASIS OF COMPENSATION
TIME AND MATERIAL
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its
monthly invoice, a progress report reflecting the Project 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 Craig Pajer, Principal Project Manager at Collier County Public Utilities, 3339 Tamiami Trail
East, Suite 303, Naples, FL. 34112
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly
payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable
Expenses in accordance with the terms stated below. Provided, however, in no event shall such
compensation exceed the amounts set forth in the table below.
Task Phase I Tasks NOT TO EXCEED
AMOUNT:
1 Project Management $147,850
2 Work Plan Development $43,428
3 Preliminary Engineering $180,769
4 Pump Station Evaluations and Reporting $536,700
5 Final Design and Permitting $961,721
TOTAL FEE (Total Items 1-5) $1,870,468
B.2.2 Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to
CONSULTANT'S personnel, with respect to this Project, including all indirect payroll related
costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the
Attachment I to this Schedule B.
B.2.3 With each monthly Application for Payment, CONSULTANT shall submit detailed time records,
and any other documentation reasonably required by OWNER, regarding CONSULTANT'S
Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER.
B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to
pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services
to be provided. The negotiated fee shall be based upon the rates specified in Attachment 1 toiak
this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section
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3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without
OWNER'S prior written approval.
3.2.5. 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.
3.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion
of contract. Any untimely submission of invoices beyond the specified deadline period is
subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall
be deemed of the essence with respect to the timely submission of invoices under this
agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no
signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted
on CONSULTANT'S letterhead and must include the Purchase Order Number and the Project
name and shall not be submitted more than one time monthly.
B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S billings, on
a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed
task limits set forth in the table in Section 2.1 by the percentage Owner has determined
CONSULTANT has completed such task as of that particular monthly billing.
B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for
reimbursable expenses will be made monthly upon presentation of a detailed invoice with
supporting documentation.
6.3.5 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
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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.3.5.1.6 Other items on request and approved in writing by the OWNER.
END OF SCHEDULE B.
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