Agenda 07/24/2012 Item #16C 67/24/2012 Item 16.0.6.
EXECUTIVE SUMMARY
Recommendation to approve a time and materials contract in the not -to- exceed amount of
$265,888.25 with Q. Grady Minor for Request for Proposal No. I1- 5708, "Construction
Engineering and Inspection Services for Master Pumping Station 312 Rehabilitation," Project
Number 72549.
OBJECTIVE: To provide expert construction engineering inspection (CEI) services for the
Master Pumping Station (MPS) 312 Rehabilitation project to ensure proper adherence to the
contract documents, and that the end result is a high - quality, best -value project providing fully
regulatory compliant, reliable, and sustainable service.
CONSIDERATIONS: On June 24, 2008, as Agenda items 10G, the Board of County
Commissioners (Board) adopted the 2008 Wastewater Master Plan Update that identified the
requirement for rehabilitating master pumping stations. This project is consistent with the 2008
Wastewater Master Plan Update, Project 72549, "LS Mechanical Improvements – User Fee" as
shown in Section 8, Table 8 -2, Page 4 of 5, Line 119; and, with the 2011 Wastewater CIP
Update, Page 2 of 4, line 53, as identified in the 2011 Internal Master Plan Review.
On October 11, 2011, as Agenda Item 16(C)1, the Board approved the selection committee
rankings that selected Q. Grady Minor (QGM) to provide the required CEI services for Request
for Proposal No. 11 -5708, and authorized staff to enter into contract negotiations with QGM.
Staff and QGM successfully negotiated a time and materials contract in the not -to- exceed
amount of $265,888.25. QGM is qualified and has extensive experience both designing and
inspecting MPS work. Staff recommends approval of this contract.
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).
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the viability of public facilities.
RECOMMENDATIONS: That the Board of County Commissioners, as Ex- officio the
Governing Board of the Collier County Water -Sewer District, approve a time and materials
contract in the not -to- exceed amount of $265,888.25 with Q. Grady Minor for Request for
Proposal No. 11 -5708, "Construction Engineering and Inspection Services for Master Pumping
Station 312 Rehabilitation," Project Number 72549.
Prepared by: Peter Schalt, Senior Project Manager, Public Utilities Planning and Project
Management Department
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7/24/2012 Item 16.0.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.6.
Item Summary: Recommendation to approve a time and materials contract in the not -to-
exceed amount of $265,888.25 with Q. Grady Minor for Request for Proposal No. 11 -5708,
"Construction Engineering and Inspection Services for Master Pumping Station 312
Rehabilitation," Project Number 72549.
Meeting Date: 7/24/2012
Prepared By
Name: SchaltPeter
Title: Project Manager, Senior,Public Utilities Engineeri
6/26/2012 9:23:47 AM
Approved By
Name: HapkeMargie
Title: Operations Analyst, Public Utilities
Date: 6/26/2012 10:46:15 AM
Name: Steve Messner
Title: Plant Manager,Water
Date: 6/26/2012 11:06:04 AM
Name: NagySteve
Title: Manager - Wastewater Collection, Wastewater
Date: 6/26/2012 11:20:41 AM
Name: ParkerNicole
Title: Contracts Specialist,Purchasing & General Services
Date: 6/26/2012 12:55:16 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 6/27/2012 8:06:33 AM
Name: JohnssenBeth
Date: 6/27/2012 2:20:34 PM
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Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 6/27/2012 3:41:47 PM
Name: ChmelikTom
Title: Director, Public Utilities Engineering
Date: 6/28/2012 1:46:04 PM
Name: PajerCraig
Title: Project Manager, Senior,Public Utilities Engineering
Date: 7/4/2012 8:12:29 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 7/5/2012 8:36:44 AM
Name: YilmazGeorge
Title: Administrator, Public Utilities
Date: 7/9/2012 8:56:01 AM
Name: Amysue Benker
Title: Executive Secretary,
Date: 7/10/2012 9:47:45 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/10/2012 11:17:56 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 7/13/2012 2:27:56 PM
Name: OchsLeo
Title: County Manager
Date: 7/13/2012 9:34:42 PM
Packet Page -1943-
7/24/2012 Item 16.0.6.
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7/24/2012 Item 16.0.6.
Contract #11 -5708
Construction Engineering Inspection (CEI) Services for
Master Pumping Station 312 Rehabilitation
PROFESSIONAL SERVICES AGREEMENT
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
Q. Grady Minor & Associates, PA., authorized to do business in the State of Florida, whose
business address is 3800 Via Del Rey, Bonita Springs, Florida, 34134 (hereinafter referred to as
the "CONSULTANT')
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Construction Engineering
Inspection (CEI) services of the CONSULTANT concerning Master Pumping Station 312
Rehabilitation (hereinafter referred to as the "Project "), said services being more fully
described in Schedule A, "Scope of Services ", which is attached hereto and incorporated herein;
and
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein,.the parties hereto agree as follows:
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7/24/2012 Item 15.0.6.
ARTICLE ONE
CONSULTANT'S RESPONSIBILIT'
1.1. CONSULTANT shall provide to OWNER professional Construction Engineering
Inspection (CEl) services in all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation ", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and
other governmental agencies responsible for regulating and licensing the professional services
to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and /or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates David W. Schmitt, PE. a qualified licensed professional to
serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project
Coordinator "). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by
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7/24/2012 Item 16.C.6.
the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT
from the Project without OWNER'S prior written approval, and if so removed must be
immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including 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) amount,;,
for the following: Tasks not completed within the expressed time frame, including required
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7/24/2012 Item 16.C.6.
deliverables, incomplete and /or deficient documents, failure to comply with local, state and /or
federa requirements andior codes and ordinances applicable to Consultant's performance of
the work as related to the project. This list is not deemed to be all- inclusive, and the County
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these
funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and /or items necessary to correct the deficiencies directly related to the
Consultant's non - performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non - public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the
RTK(Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have
common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement -
EOP, etc), and adhere to industry standard CAD specifications.
4
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7/24/2012 Item 16.C.6.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT
shall furnish or obtain from others Additional Services of the types listed in Article Two herein.
The agreed upon scope, compensation and schedule for Additional Services shall be set forth in
the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time
such services are authorized. These services will be paid for by OWNER as indicated in Article
Five and Schedule B. Except in an emergency endangering life or property, any Additional
Services must be approved in writing via an Amendment to this Agreement prior to starting such
services. OWNER will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such
Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but
rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER
determines that a change in the Agreement is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment shall be issued to document the
consequences of the changes or variations, provided that CONSULTANT has delivered written
notice to OWNER of the emergency within forty -eight (48) hours from when CONSULTANT
knew or should have known of its occurrence. Failure to provide the forty -eight (48) hour written
notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an
adjustment to its compensation or time of performance under this Agreement. The following
services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Services:
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or u
advances in connection with the Project.
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7/24/2012 Item 16.C.6.
2.2. Services resulting from significant changes in the general scope, extent or character of the
Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are due
to any other causes beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
2.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing and
assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other than
the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided
for herein.
2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
6
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7/24/2012 Item 16.C.6.
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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7/24/2012 Item 16.0.6.
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
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7/24/2012 Item 16.C.6.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
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7/24/2012 Item 16.C.6.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER. for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation ", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other
technical data, other than working papers, prepared or developed by or for CONSULTANT
under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or
copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall
be solely responsible for all costs associated with delivering to OWNER the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER
to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project.
CONSULTANT warrants to OWNER that it has full right and authority to grant this license to
OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to
complete the Project following CONSULTANT'S termination for any reason or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNER may be making Project Documents available for review and information
to various third parties and hereby consents to such use by OWNER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
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7/24/2012 Item 16.C.6.
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
be required by law. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and during
the five (5) year period noted above, or such later date as may be required by law; provided,
however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold
harmless OWNER, its officers and employees from any and all liabilities, damages, losses and
costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or
anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described in this
paragraph 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.
9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
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7;24/2012 Item 16.C.6.
` .Z. Ali insurance policies, other than the Business Automobiie 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 severabiiity 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.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the appropriate
insurance business in the State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial
rating of "Class VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
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and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub - subconsultants or sub - subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
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
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provide that, at owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
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
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shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty -five (45) days after such payment 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
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7/24/2012 Item 16.C.E..
oy OWNER to CONSULTANT undeE this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSUL T ANT, 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' intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULT ANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT'S services to be provided under this
Agreement are accurate, complete and current at the time of the Agreement. The
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7/24/2012 Item 16.0.6.
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT
to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Public Utilities Department
3339 Tamiami Trail East, Suite 303
Naples, FL. 34112
Attention: Pete Schalt, Senior Project Manager
Phone: 239 - 252 -5343
Fax: 239- 252 -5378
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16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT'S address of record:
Q. Grady Minor & Associates, PA.
3800 Via Del Rey
Bonita Springs, FL. 34134
Attention: David W. Schmitt, PE.
Phone: 239 - 947 -1144
Fax: 239 - 947 -0375
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
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7/24/2012 Item 16.C.6.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A
SCOPE OF SERVICES
Schedule B
BASIS OF COMPENSATION
Schedule C
PROJECT MILESTONE SCHEDULE
Schedule D
INSURANCE COVERAGE
Schedule E
TRUTH IN NEGOTIATION CERTIFICATE
Schedule F
KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
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brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT /PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with
any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
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7/24/2012 Item 16.0.6.
ARTICLE TWENT\,`
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision - making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision - making authority and
by OWNER'S staff person who would make the presentation of any settlement reached at
mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
2]
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7/24/2012 Item 16.0.6.
IN' WITNESS` WHEREOF, the parties hereto have execuied this Professional Services
Agreement for Construction Engineering Inspection (CEI) services the day and year first
written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
Dwight E. Brock, Cleric COLLIER COUNTY, FLORIDA,
By-
Date: By.
Fred W Coyle, Chairman
Approved as to form and
L fficiency;
Scott Teach
Deputy County Attorney
r
Witness
Print Name
Witness
Print Name
Q. GRADY MINOR & ASSOCIATES, PA.
22
Typed Name and Title
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7/24/2012 Item 16.0.6.
SCHEDULE A
SCOPE OF SERVICES
TASK 1 — DETAILED OBSERVATION AND DOCUMENTATION
TASK 1 - DETAILED OBSERVATION AND DOCUMENTATION
NOT TO EXCEED COST (T& M)
1.1
Construction Observation
$123,820.25
1.2
Log and Construction Documents
$19,500.00
1.3
Photographic and Video Record
$19,500.00
1.4
General Coordination
$5,570.75
1.5
Observe Regulatory Agency Inspections
$1,500.00
1.6
Construction Progress Meetings
$23,183.50
1.7
Substantial Completion Inspections
$2,500.00
1.8
Final Completion Inspection
$3,025.50
1.9
Final Construction Certification
$1,512.75
TOTAL FOR TASK 1 — Not to Exceed $200,112.75
One (1) Construction Inspector shall observe regular construction and testing activities related
to the Project on a daily basis, including Master Pumping Station 312 Rehabilitation work.
Construction daily reports and pictures of construction will be prepared daily by the Construction
Inspector, on the day the construction activity takes place. All construction documentation will
be provided no later than the next morning via electronic E -mail to the County project manager.
A hard copy will be kept in the project file in the inspector's trailer.
The Construction Inspector will provide the following services.
1.1 - Construction Observation —The Construction Inspector will conduct on -site observations
and inspections of all construction activities on the Project on a full time daily basis unless
directed otherwise by the County project manager, to ensure that all work is completed in
accordance with the Contract Documents. The Construction Inspector will be obligated on a
full -time basis in general. The Construction Inspector will inform the County project manager
and the on -site superintendent of the construction contractor of any concerns or issues related
to conformance of the work with the Contract Documents as an attempt to resolve any concern
or issue on -site. If the concern or issue is not immediately resolved in the field, the Construction
Inspector shall inform the Engineer of Record ( "EOR ") and the County project manager in
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7/24/2012 Item 16.C.6,
writing about the concern or issue within eight (8) business hours, but not more than one (1
business day after the discovery of any concern or issue. The FOR 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 County 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 any facility has been damaged. 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.
1.2 - 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 County 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 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
County project manager) and a printed copy to be maintained on the project site in the
inspector's trailer.
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
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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 County project manager on a daily basis, to a digital CD
(if requested by the County 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 Y2" x 11" sheet, printed one side only. The prints if
requested will be provided to the project manager when needed. If requested by the County
project manager, video will be provided in digital format on DVD bi- weekly.
1.4 - General Coordination — The Construction Inspector will coordinate all activities related to
the Project between the construction contractor, the FOR and the County 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.
1.5 - 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 County project manager prior to any such inspections.
1.6 - Construction Progress Meetings — The inspector will coordinate bi- weekly progress
meetings chaired by the County 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 (2) 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 (2) days after the meeting to the County
project manager, EOR, and the construction contractor.
1.7 - Substantial Completion Inspections — The Construction : nspector will conduct
substantial completion inspections when requested "-.y the co- struction contractor and the FOR
recommends that the work is sufficiently complete o warra , a substantial completion
inspection. During the substantial completion inspection t' ;e Construction Inspector will prepare
a punch list of items requiring completion or correction Lo the satisfaction of the FOR and the
County project manager. The Construction Inspector will be responsible for maintaining the
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punch -iist and issuing updates to the punch -list on a weekly basiE. The Construction Inspecto:
will coordinate and participate in the final walk - through to ensure that the punch -list items are
completed to the satisfaction of the FOR and the County project manager. All services related
to the Substantial Completion Inspection shall be provided in writing and pictures to the County
project manager for the Project.
1.8 — Final Completion Inspection - Upon the request of the construction contractor and
concurrence of the FOR and the County 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, County 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 County project manager of the Project.
1.9 — 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 FOR 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 County project manager of the Project.
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7/24/2012 Item 16.C.6.
TASK 2 — CONSTRUCTION INSPECTOR PROJECT MANAGEMENT SERVICES
TASI< 2 - CONSTRUCTION INSPECTOR AND PROJECT MANAGEMENT SERVICES
NOT TO EXCEED COST (T &M)
2.1
General Management and Oversight
$9,844.25
2.2
Coordination of Shop Drawings, Contract Interpretations and Clarifications
$22,141.50
2.3
Monitor Project Records
$9,571.00
2.4
As Constructed Field Drawings
$5,586.50
2.5
Start-up and Re- commissioning Support (includes warranty period)
$15,132.25
TOTAL FOR TASK 2 — Not To Exceed $62,275.50
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 County 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 County 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.
d. The Construction Inspector will review the monthly updates to the construction
schedule prepared by the construction contractor and provide written comments to the
County 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.
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7/24/2012 Item 16.0.6.
Within one (1 ) week after the construction contractor notifies the FOR and the County
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.
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.
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.
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 County project manager, FOR 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.
2.5 — Start -up and Re- commissioning Support — The Construction Inspector will assist the
County project manager, the EOR, and the construction contractor during start -up of each
segment designated for Beneficial Use by the FOR and County project manager, including but
not limited to signing off on regulatory permits and general coordination between the EOR,
project manager, and construction contractor.
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7/24/2012 Item 16.C.6.
TASK 3 — ADDITIONAL SERVICES (as required)
TASK 3 - ADDITIONAL SERVICES
NOT TO EXCEED COST (T &M)
3.1 Additional Services as Authorized $3,500.00
TOTAL FOR TASK 3 — Not to Exceed $3,500.00
3.1 — Additional Services (only as authorized in writing) —In accordance with the CEI contract,
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; Construction Inspector 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 and /or included as part of the original scope of
work. The proposed Additional Services must be approved by the County project manager in
writing in advance of performance of said Additional Services. Failure to notify the County
project manager in writing of the need for Additional Services shall be deemed a waiver of any
claim by the Construction Inspector that such services were Additional Services. Written
authorization from the County project manager will be required for any charges that exceed the
predetermined upper limit.
Total Compensation for Tasks 1 through 3: $265,888.25 (time and materials, not to exceed)
A -7
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7/24/2012 Item 16.C.6.
SCHEDULE B
BASIS OF COMPENSATION
Personnel Category
Standard Hourly Rate
Principal
$195
Senior Project Manager
$165
Project Manager
$148
Senior Engineer
$155
Engineer
$119
Senior Inspector
$85
Inspector
$65
Senior Planner
$140
Planner
$110
Senior Designer
$115
Designer
$100
Environmental Specialist
$115
Senior GIS Specialist
$145
GIS Specialist
$100
Clerical
$60
Surveyor and Mapper
$130
CADD Technician
$85
Survey Crew - 2 man
$130
Survey Crew - 3 man
$160
Survey Crew - 4 man
$180
This list is not intended to be all- inclusive. Hourly rate fees for other categories of professional,
support and other services shall be mutually negotiated by the County and firm as needed.
B -t
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7/24/2012 Item 16.C.6.
SCHEDULE C
PROJECT MILESTONE SCHEDULE
Task 1 — Detailed Observation and Documentation — not to exceed 480 days from the date
of the Notice to Proceed.
TASK 1- DETAILED OBSERVATION AND DOCUMENTATION
1.1
Construction Observation
1.2
Log and Construction Documents
1.3
Photographic and Video Record
1.4
General Coordination
1.5
Observe Regulatory Agency Inspections
1.6
Construction Progress Meetings
1.7
Substantial Completion Inspections
1.8
Final Completion Inspection
1.9
Final Construction Certification
Task 2 — Construction Inspector and Project Management Services — not to exceed 480
days from the date of the Notice to Proceed.
TASK 2 - CONSTRUCTION INSPECTOR AND PROJECT MANAGEMENT SERVICES
2.1
General Management and Oversight
2.2
Coordination of Shop Drawings, Contract Interpretations and Clarifications
2.3
Monitor Project Records
2.4
As Constructed Field Drawings
2.5
Start -up and Re- commissioning Support (includes warranty period)
Task 3 — Additional Services — not to exceed 480 days from the date of the Notice to Proceed.
TASK 3 - ADDITIONAL SERVICES
3.1 1 Additional Services as Authorized
C -1
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7/24/2012 Item 16.0.6.
SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If CONSULTANT has any self- insured retentions or deductibles under any
of the below listed minimum required coverages, CONSULTANT must identify on the Certificate
of Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or
deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
policies required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall ,contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24)
hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
D-1
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7/24/2012 Item 16.C.6.
the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand,
OWNER has. the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall
be under no obligation to purchase such insurance, nor shall it be responsible for the coverages
purchased or the insurance company or companies used. The decision of the OWNER to
purchase such insurance coverages shall in no way be construed to be a waiver of any of its
rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
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7/24/2012 Item 10.0.6.
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of
the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? _X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
_X_ $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
Applicable X Not Applicable
D-3
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7/24/2012 Item 16.C.6.
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
Applicable X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? _X_ Yes No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
General Aggregate $300,000
Products /Completed Operations Aggregate $300,000
Personal and Advertising Injury $300,000
Each Occurrence $300,000
Fire Damage $ 50,000
General Aggregate $500,000
Products /Completed Operations Aggregate $500,000
Personal and Advertising Injury $500,000
Each Occurrence $500,000
Fire Damage $ 50,000
.X —General Aggregate $1,000,000
Products /Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage $ 50,000
D-4
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7/24/2012 Item 16.0.6.
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self- insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self - insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his /her designee.
(3) The OWNER, Collier County Government, shall be named as an Additional Insured
and the policy shall be endorsed that such coverage shall be primary to any similar coverage
carried by the OWNER.
(4) Coverage shall be included for explosion, collapse or underground property damage
claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Applicable X Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Applicable _X Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? _X_ Yes No
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7/24/2012 Item 16.0.6.
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less
than:
X Bodily Injury & Property Damage - $ 500,000
Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
$ 500,000 each claim and in the aggregate
X_ $1,000,000 each claim and in the aggregate
D-6
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7/24/2012 Item 16.C.6.
$2,000,000 each claim and in the aggregate
$5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty -
four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
D -7
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7/24/2012 Item 16.C.6.
PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project- specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self- insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
C. Current deductibles /self- insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultant's as named insureds.
END OF SCHEDULED
D -8
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7/24/2012 Item 16.C.6
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Q. Grady Minor & Associates, PA. hereby certifies that wages, rates and other
factual unit costs supporting the compensation for the services of the CONSULTANT to be
provided under the Professional Services Agreement, concerning Construction Engineering
Inspection Services for Master Pumping Station 312 Rehabilitation are accurate, complete
and current as of the time of contracting.
Q. Grady Minor & Associates, PA.
AW
TITLE:
DATE:
E -i
Packet Page -1984-
F -1
Packet Page -1985-
7/24/2012 Item 16.C.6.
SCHEDULE
KEY PERSONNEL,
SUBCONSULTANTS AND SUBCONTRACTORS
Principal
Mark Minor, PE.
0.90%
Project Manager
David Schmitt, PE.
12.13 %
Engineer
David Schmitt, PE.
5.10%
Senior Inspector
Marc Miller
39.54%
Inspector
Marc Miller
37.32%
Clerical
Carin Dwyer / Kim Scuer
5.01%
100% total
F -1
Packet Page -1985-
7/24/2012 Item 16.C.6.
REQUEST FOR PROPOSALS
In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act.
C;0*r Cmnty
Adrninistrabve Services Wsion
Purchasing
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
CCNA Solicitation
#11 -5708 CEI Services for Master Pumping
Station 312 Rehabilitation
Nicole Parker
(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.
CCNA (Revision 8/10)
Packet Page -1986-
7/24/2012 Item 16.C.6.
P!—asr,,?eC r.- .3327 T a1a7,., , cac: Nxp s. FFlnd=,is 1
Table of Contents
LEGALNOTICE .......................................................................................................................... ..............................3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT .................................. ..............................4
EXHIBIT II: GENERAL RFP INSTRUCTIONS ........................................................................... ........ ...•------------- - - - - -- 11A
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ........................... .............................19
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP .................................................. .............................23
ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT ...................................................... .............................30
ATTACHMENT 2: VENDOR CHECK LIST .................................................................................... .............................31
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ............................................................... .............................32
ATTACHMENT 4: VENDOR DECLARATION STATEMENT ........................................................... .............................33
ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION ................................................... .............................35
ATTACHMENT 6: VENDOR SUBSTITUTE W — 9 ......................................................................... .............................36
ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS ............................................... .............................37
ATTACHMENT 8: REFERENCE QUESTIONNAIRE ..................................................................... ............................... 39
G /Current - Solicitation Template \RFP_CCNATemplate_08042010
RFP_CCNATemplate
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Packet Page -1987-
7/24/2012 Item 16.0.6.
dminis bve Servi es Dvisicr,✓
Purchasing
X2 1 Notice
Pursuant to approval by the County Manager, Sealed Proposals to provide Construction
Engineering and Inspection Services, will be received until 3:00 pm. Naples local time, on
Thursday, June 16, 2011 at the Collier County Government, Purchasing Department, 3327
Tamiami Trail E, Naples, FL 34112.
CCNA Solicitation
#11 -5708 CEI Services for Master Pump Station 312 Rehabilitation
Services to be provided shall include, but not be limited to the following:
A non - mandatory pre - proposal conference will be held on Thursday, June 9, 2011 at 3:00
pm., and will be held in the Collier County Government, Purchasing Department, 3327
Tamiami Trail E, 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.collieroov.net/bid.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: /S/ 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/r)urchasino and in the Lobby of Purchasing Building "G ", Collier County
Government Center on May 25, 2011.
G /Current - Solicitation Template \RFP_CCNATemplate_08042010
RFP_CCNATemplate
Packet Page -1988-
7/24/2012 Item 16.C.6.
Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Public Utilities Division (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 interest:, ai -,d que,lifled firms in accordance with the terms,
conditions and specifications stated or attached.
The Vendor, at a minimum, -..! ist achieve the requirements of the Specifications or Scope of
Work stated herein.
Detailed Scope of Work
TASK 1 — DETAILED OBSERVATION AND DOCUMENTATION
One Construction Inspector shall observe regular construction and testing activities related to
the Project on a daily basis, including Master Pumping Station 312 Rehabilitation work.
Construction daily 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 in the inspector's trailer.
The Construction Inspector will provide the following services.
1.1 - Construction Observation — The Construction Inspector will conduct on -site observations
and inspections of all construction activities on the Project on a full time daily 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 be obligated on a full -time basis
in general. The Construction Inspector will inform the project manager and the on -site
superintendent of the construction 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 FOR 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
G /Current- Solicitation Template \RFP_CCNATemplate_08042010
RFP_CCNATemplate
Packet Page -1989-
7/24/2012 Item 16.C.E.
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.
1.2 - 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
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.
1.3 — 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' /z" x 11" sheet, printed one side only. The prints if requested will be
G /Current - Solicitation Template \RFP_CCNATemplate_08042010
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Packet Page -1990-
7/24/2012 Item 16.0.6.
provided to the project manager when needed. If requested by the project manager, Video will -
be provided in digital format on DVD bi- weekly.
1.4 - General Coordination — The Construction Inspector will coordinate all activities related to
the Project between the construction contractor, the FOR 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.
1.5 - 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.
1.6 - 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.
1.7 - Substantial Completion Inspections — The Construction Inspector will conduct substantial
completion inspections when requested by the construction contractor and the FOR
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 FOR 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 FOR and the project manager. All services related to the
Substantial Completion Inspection shall be provided in writing and pictures to the project
manager for the Project.
G /Current - Solicitation Template \RFP_CCNATemplate_08042010
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712412012 Item 16.0.6.
1.8 — Final Completion Inspection - Upon the request of the construction contractor and
concurrence of the FOR 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.
1.9 — 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 FOR 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 2 — CONSTRUCTION INSPECTOR PROJECT MANAGEMENT SERVICES
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.
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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 and qualified
r
professional, that based , onstruction 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.
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 FOR 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
cept as noted.
2.2 — Coordination of Shop Drawings, Contract Interpretations an-, Clarifications — The
Construction Inspector will coordinate with the design engineer _JR) regarding the issuance of
interpretations and clarifications of Contract Documents durin construction. The DESIGN
ENGINEER (EOR) shall be responsible for technical review end decisions regarding
interpretation and clarification of Contract Documents. Th , Construction Inspector shall
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coordinate the DESIGN ENGINEER's (EOR) decisions and responses with the construction
contractor.
2.3 - Monitor Project Records — The Construction Inspector shall monitor all required Project
records, including but .; iced to d = lec, inventories and construction reports.
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, FOR 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.
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 FOR 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 — ADDITIONAL SERVICES
3.1 — Additional Services (only as authorized in writing) —In accordance with the CEI contract or
work 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; Construction Inspector shall
submit a proposal to perform Additional Services prior to the performance of the work. The
proposal shall include the specific services to be performed, time to complete, compensation,
and an explanation as to why the services were not previously envisioned as part of the scope
of work. The proposed Additional Services must be approved by the project manager in writing
in advance of performance of said Additional Services. Failure to notify the project manager in
writing of Additional Services shall be deemed a waiver of a - ly claim by the Construction
Inspector that such services were Additional Services. W, den authorization from the project
manager will be required for any charges that exceed t`.e predetermined upper limit.
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Term of Contract
The contract term, if an award(s) is /are made is intended to be for this project's needs only.
Prices shall remain firm for the initial term of this contract. Requests for consideration of a
price adjustment must be made on the contract anniversary date, in writing, to the
Purchasing Director. Price adjustments are dependent upon budget availability and program
manager approval. Surcharges will not be accepted in conjunction with this contract, and
such charges should be incorporated into the pricing structure.
Projected Solicitation Timetable
The following projected timetable should be used as a working guide for planning purposes
only. The County reserves the right to adjust this timetable as required during the course of
the RFP process.
Event
Date
Issue Solicitation Notice
May 25, 2011
Last Date for Receipt of Written Questions
June 14, 2011, 3:00
pm., Naples Local
Time
Non - mandatory pre - solicitation meeting
June 9, 2011, 3:00
pm., Naples Local
Time and Locations
Addendum Issued Resulting from Written Questions or Pre-
TBD
-Proposal Conference
Solicitation Deadline Date and Time
June 16, 2011, 3:00
pm., Naples, Florida
Local Time
-Anticipated Evaluation of Submittals
TBD
-Anticipated Completion of Contract Negotiations
TBD
Anticipated Board of County Commissioner's Contract
August 2011
-Approval Date
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.
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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.
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 may result in the rejection of its
proposal. Each tab relates to the Selection Criteria that will be used to evaluate each
proposal (see page 17) and the numbers in parentheses are the maximum number of points
that can be awarded to each criteria.
1. Tab I, Cover Letter / Management Summary
Provide a cover letter, signed by an authorized officer of the firm, indicating the
underlying philosophy of the firm in providing the services stated herein. Include the
name(s), telephone number(s) and email(s) of the authorized contact person(s)
concerning proposal. Submission of a signed Proposal is Vendor's certification that the
Vendor will accept any awards as a result of this RFP.
2. Tab II, Business Plan (20)
In this tab, include:
• Description of the proposed contract team and the role to be played by each
member of the proposed team.
• Detailed plan of approach (including major tasks and sub - tasks).
• Detailed time line for completion of the project.
• Include with the Business Plan or as an attachment, a copy of a report as an
example of work product. This should be for one of the projects listed as a
reference.
3. Tab III, Experience and Capacity of Firm (30)
Provide information that documents your firm's and subcontractors' qualifications to
produce the required deliverables, including abilities, capacity, skill, and financial
strength, and number of years of experience in providing the required services. Also
describe the various team members' successful experience in working with one another
on previous projects.
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List Current Projects in the Format Identified Below
Project Start Date End Date
Description
7/24/2012 Item 16.C.6.
Original Final Project Number of
Budget Cost Change
Orders
4. Tab IV, Specialized Expertise of Team Members (35)
Attach resumes of all proposed project team members who will be involved in the
management of the total package of services, as well as the delivery of specific services.
The same should be done for any sub - consultants. If sub - consultants are being utilized,
letters of intent from stated sub - consultants must be included with proposal submission.
5. Tab V, Customer and Reference Listing (15)
In order for the vendor to be awarded any points for this tab, the County requests that
the vendor submits five (5) completed reference forms from clients whose projects are of
a similar nature to this solicitation as a part of their proposal. The County will only use
the methodology calculations for the first five (5) references (only) submitted by the
vendor in their proposal.
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each vendor's information provided in this area:
• The County shall total each of the vendor'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)). Vendors
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 vendor
who has the highest score.
• The next highest vendor's number of points will be divided by the highest vendor's
points which will then be multiplied by criteria points to determine the vendor's points
awarded. Each subsequent vendor's point score will be calculated in the same
manner.
• Points awarded will be extended to the first decimal point (per Microsoft Excel).
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For illustrative purposes only, see chart for an example of how these points would be
distributed among the five proposers.
Vendor .Name
Vendor Total
Reference Score
Points Awarded
Vendor ABC
445
20
Vendor DEF
435
14.6
Vendor GHI
425
14.3
Vendor JKL
385
13.0
Vendor MNO
385
13.0
Vendor PQR
250
8.4
The points awarded by vendor will be distributed to the Selection Committee prior
to their evaluation of the proposals. The Selection Committee will review the
vendor's proposal to ensure consistency and completion of all tasks in the RFP,
and review the Points Awarded per vendor. 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.
Failure to provide complete and accurate client information, as specified here, may result
in the disqualification of your proposal.
6. Tab VI, Acceptance of Conditions
Indicate any exceptions to the general terms and conditions of the RFP, and to
insurance requirements or any other requirements listed in the RFP. If no exceptions are
indicated in this tabbed section, it will be understood that no exceptions to these
documents will be considered after the award, or if applicable, during negotiations.
Exceptions taken by a Vendor may result in evaluation point deduction(s) and /or
exclusion of proposal for Selection Committee consideration, depending on the extent of
the exception(s). Such determination shall be at the sole discretion of the County and
Selection Committee.
7. Tab VII, Required Form Submittals
• Attachment 1: Vendor Checklist
• Attachment 2: Conflict of Interest Affidavit
• Attachment 3: Vendor Declaration Form'
• Attachment 4: Immigration Affidavit and company's E- Verify profile page and
memorandum of understanding
• Attachment 5: Insurance Requirements
• Attachment 8: Reference Questionnaire
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Exhibit Il: General RFP Instructions
1. Questions
7/24/2012 Item 16.C.6.
Direct questions related to this RFP to the Collier County Purchasing Department E-
Procurement website: www.colliergov.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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7/24/2012 Item 16.0.6.
6. Delivery of Proposals
All proposals are to be delivered before 3:00 pm., Naples local time, on or before June 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 1 paper copies with One (1) copy clearly labeled "Master," and
Seven 17) compact disks (CD's) with one copy of the proposal on each CD in Word,
Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope.
7. Validity of Proposals
No proposal can be withdrawn after it is filed unless the 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.
The County's procedure for selecting is as follows:
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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.
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.
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.
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10. References
The County reserves the right to contact any and all references to obtain, without limitation,
ratings for the following performance indicators:
• On a scale of 1 -10, with 1 being very dissatisfied and ten exceeding your every
expectation, how satisfied were you with the firm's performance?
• What specifically did you like about their approach?
• What do you believe were shortcomings or that they could have done better?
• Did they meet your schedule requirements?
• How were their communications? Were you always kept in the loop?
• How responsive were they in addressing problems with the project?
• How was the quality /experience /personality of their personnel? (Specifically the
project manager ?)
• Would you use this firm again?
• Additional comments
A uniform sample of references will be checked for each Vendor. Vendors will be scored on a
scale of 1 to 10, with 10 being the highest possible score. This score will also be used in
determining the score to be given to the "past performance" evaluation factor for each proposal.
11. Proposal Selection Committee and Evaluation Criteria
The County Manager shall appoint a Selection Committee to review all proposals submitted.
The Evaluation Criteria and the associated maximum point allocation to be considered in the
evaluation of proposal responses are listed below.
Evaluation Criteria Maximum Points
Business Plan 20
Experience and Capacity of the Firm 30
Specialized Expertise of Team Members 35
Customer and Reference Listing 15
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.
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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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Exhibit III: 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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Time Is Of the Essence
Time for delivery of goods or performance of
services under this Purchase Order is of the
essence. Failure of VENDOR to meet
delivery schedules or deliver within a
reasonable time, as interpreted by the
COUNTY in its sole judgment, shall entitle
the COUNTY to seek all remedies available
to it at law or in equity. VENDOR agrees to
reimburse the COUNTY for any expenses
incurred in enforcing its rights. VENDOR
further agrees that undiscovered delivery of
nonconforming goods and /or services is not
a waiver of the COUNTY'S right to insist
upon further compliance with all
specifications.
6. Changes
The COUNTY may at any time and by
written notice make changes to drawings
and specifications, shipping instructions,
quantities and delivery schedules within the
general scope of this Purchase Order.
Should any such change increase or
decrease the cost of, or the time required for
performance of the Purchase Order, an
equitable adjustment in the price and /or
delivery schedule will be negotiated by the
COUNTY and VENDOR. Notwithstanding
the foregoing, VENDOR has an affirmative
obligation to give notice if the changes will
decrease costs. Any claims for adjustment
by VENDOR must be made within thirty (30)
days from the date the change is ordered or
within such additional period of time as may
be agreed upon by the parties.
7. Warranties
VENDOR expressly warrants that the goods
and /or services covered by this Purchase
Order will conform to the specifications,
drawings, samples or other descriptions
furnished or specified by the COUNTY, and
will be of satisfactory material and quality
production, free from defects and sufficient
for the purpose intended. Goods shall be
delivered free from any security interest or
other lien, encumbrance or claim of any third
party. These warranties shall survive
inspection, acceptance, passage of title and
payment by the COUNTY.
Statutory Conformity
Goods and services provided pursuant to
this Purchase Order, and their production
7/24/2012 Item 16.C.6.
and transportation shall conform to all
applicable laws, including but not limited to
the Occupational Health and Safety Act, the
Federal Transportation Act and the Fair
Labor Standards Act, as well as any law or
regulation noted on the face of the Purchase
Order.
9. Advertising
No VENDOR providing goods and services
to the COUNTY shall advertise the fact that
it has contracted with the COUNTY for
goods and /or services, or appropriate or
make use of the COUNTY'S name or other
identifying marks or property without the
prior written consent of the COUNTY'S
Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless
the COUNTY from any and all claims,
including claims of negligence, costs and
expenses, including but not limited to
attorneys' fees, arising from, caused by or
related to the injury or death of any person
(including but not limited to employees and
agents of VENDOR in the performance of
their duties or otherwise), or damage to
property (including property of the COUNTY
or other persons), which arise out of or are
incident to the goods and /or services to be
provided hereunder.
11. Warranty of Non - Infringement
VENDOR represents and warrants that all
goods sold or services performed under this
Purchase Order are: a) in compliance with
applicable laws; b) do not infringe any
patent, trademark, copyright or trade secret;
and c) do not constitute unfair competition.
VENDOR shall indemnify and hold harmless
the COUNTY from and against any and all
claims, including claims of negligence, costs
and expense, including but not limited to
attorneys' fees, which arise from any claim,
suit or proceeding alleging that the
COUNTY'S use of the goods and /or
services provided under this Purchase Order
are inconsistent with VENDOR'S
representations and warranties in section 11
(a).
If any claim which arises from VENDOR'S
breach of section 11 (a) has occurred, or is
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7/24/2012 Item 16.0.6.
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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C)
EE
this Purchase Order by VENDOR shall
not constitute a waiver of breach.
Waiver of the COUNTY by any default
by VENDOR hereunder shall not be
deemed a waiver of any subsequent
default by VENDOR.
All notices under this Purchase Order
shall be sent to the respective
addresses on the face page by certified
mail, return receipt requested, by
overnight courier service, or by personal
delivery and will be deemed effective
upon receipt. Postage, delivery and
other charges shall be paid by the
sender. A party may change its address
for notice by written notice complying
with the requirements of this section.
The Vendor agrees to reimbursement of
any travel expenses that may be
associated with this Purchase Order in
7/24/2012 Item 16.C.6.
accordance with Florida Statute Chapter
112.061, Per Diem and Travel
Expenses for Public Officers, employees
and authorized persons.
e) In the event of any conflict between or
among the terms of any Contract
Documents related to this Purchase
Order, the terms of the Contract
Documents shall take precedence over
the terms of the Purchase Order. To the
extent any terms and /or conditions of
this Purchase Order duplicate or overlap
the Terms and Conditions of the
Contract Documents, the provisions of
the Terms and /or Conditions that are
most favorable to the County and /or
provide the greatest protection to the
County shall govern.
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Exhibit IV: Additional Terms and Conditions for RFr 7/24/2012 Item 16.0.6.
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 interests 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.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and
Packet Page -2008-
charge the Vendor for such coverage(s) purchased. If Vendor fails to reimbur:_ 7/24/2012 Item 16.C.6.
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 90% 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. Work Orders Subject to Best Value Offer on Fixed Term Contracts
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.
Packet Page -2009-
8. Site inspection
7/24/2012 Item 16.C.6.
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
project manager to become familiar with local conditions that may in any manner affect
performance of the Work. This site visit shall be documented in writing by the proposer with sign -off
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
Packet Page -2010-
the close of the fiscal year will not be accepted (or processed for payment) unL?/24/2012 Item 16.0.6.
by the Project Manager.
Payments will be made for articles and /or services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or other
fees) to Collier C _:.,, _.. ;: _; '.�v ,':� r. ., trade arranaement 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
ar.rfir- kin 1= '4^ � :, 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 document-*�nn --ay 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
Packet Page -2011-
If you have questions regarding professional licenses contact the Contractor L 7/24/2012 Item 16.C.6.
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.org /search.htmi). 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
primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-
Packet Page -2012-
consultant to any other firm or firms submitting under the same RFP. All subm 7/24/2012 Item 16.0.6.
requirement will be deemed non - responsive and rejected from further consideration.
In addition, consultants that have participated and /or will participate in the development of scope,
background information or oversight functions on this project are precluded from submitting a
Proposal as either a prime or sub - consultant.
18. Protest Procedures
Any actual or prospective 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
Packet Page -2013-
Statutes, the current Collier County Ethics Ordinance and Countv Administrati 7/24/2012 Item 16.C.6.
Violation of this provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and /or any employee of the firm from contact with County staff for a specified period of
time; b. Prohibition by the individual and /or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate
termination of any contract held by the individual and /or firm for cause.
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 Bidder/Vendor
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 seg. 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.
Packet Page -2014-
7/24/2012 Item 16.C.6.
C,_Olrier C�014nty Acie-r ns,. -avve Servica.�Dmsion
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 -5708 CEI Services for Master Pumping Station 312
Rehabilitation for the following reason(s):
❑ Services requested not available through our company.
❑ Our firm could not meet specifications /scope of work.
❑ Specifications /scope of work not clearly understood or applicable (too vague, rigid, etc.)
❑ Project is too small.
❑ Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address:
❑ Other reason(s):
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name:
Packet Page -2015-
Date
7/24/2012 Item 16.G.6.
C &-r C,0114nt'
Adn, -u:.hs save Services - -zi Division
urzl'iaDn,c;
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
CCNA Solicitation: #11 -5708 CEI Services for Master Pumping Station 312
Rehabilitation
❑ The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due
Date.
❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date
and time. (Otherwise Proposal cannot be considered.)
ALL COURIER - DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name:
Packet Page -2016-
Date
7/24/2012 Item 16.C.6.
'urrhasinq
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 , 2011,
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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7%24/2012 Item 16.0.6.
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Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONi=R^
Collier County Government Comrlax
Naples, Florida 34112
RE: CCNA Solicitation: #11 -5708 CEI Services for Master Pumping Station 312 Rehabilitation
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 -5708 CEI Services for Master Pumping Station 312
Rehabilitation.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
200_ in the County of in the State of
Firm's Legal Name:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document
Number
Federal Tax Identification
Number
Telephone:
FAX:
Signature by:
(Typed and written)
Title:
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Additional Contact Information
Send payments to:
(required if different from above) Company name used as payee
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
FAX:
Email:
Office servicing Collier
County to place orders
(required if different from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
Email:
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7/24/2012 Item 16.C.6.
7/24/2012 Item 16.C.6.
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Attachment 5: Immigration Affidavit Certification
CCNA Solicitation: #11 -5708 CEI Services for Master Pumping Station 312 Rehabilitation
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- Verify 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
State of
County of
Date
The foregoing instrument was signed and acknowledged before me this day of
20_, by
(Print or Type Name)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number /Expiration
who has produced
as identification.
(Type of Identification and Number)
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
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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 numbera il u ;,y ;....; ;u zany 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 vim.. ,u `s proposal.
1. General Information (provide all ii,, -,;-- -+ion)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address
State
Telephone
FAX
City
Zip
Email
Order Information Remit / Payment Information
Address . Address
City State Zip City State Zip
FAX
Email
2. Company Status (check only one)
FAX
Email
_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 securit, ember prior to an award of the contract.)
4. Sign and Date Form
Certification: Under penalties of perjury, I certify that the information s ✓n on this form is correct to my knowledge.
Signature Date
Title Phone Number
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7/24/2012 Item 16.0.6.
AxImrmis,.rai,ve Serti•ioes Dfosion
Attachment 7: Insurance and Bonding Requirements
Insurance / Bond Type
Required Limits
1. ® Worker's
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation
Statutory Limits and Requirements
2. ® Employer's Liability
$500,000.00 single limit per occurrence
3. ® Commercial General
Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current
$1,000,000.00 single limit per occurrence
ISO form
4. ® Indemnification
To the maximum extent permitted by Florida law, the
Contractor /Vendor /Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor/Vendor /Consultant or anyone
employed or utilized by the Contractor/Vendor /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
$ 500,000.00 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
;FP: xx -xxxx
RFP CCNA Template-06012011
❑ 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
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6. ❑ Bid bond
7. ❑ Performance and
Payment Bonds
El 7/24/2012 Item 16.C.6.
Project Professional Liability $ rcl %-)UL;u„C„LC
❑ Valuable Papers Insurance $ Per Occurrence
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.
For projects in excess of $200,000, bonds shall be submitted with the
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
Vendor Signature
Print Name
Insurance Agency
Agent Name
RFP: xx -xxxx
RFP CCNA Template-06012011
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Telephone Number
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7/24/2012 Item 16.0.6.
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Attachment 8: Reference Questionnaire
Solicitation: #11 -5708 CEI Services for Master Pumping Station 312 Rehabilitation
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:
Project Budget:
Change Orders - Dollars Added :
Completion Date:
Project Number of Days:
Change Orders - Days Added:
Item
Crteria
Score
1
Ability to manage the project costs (minimize change orders to scope).
2
Ability to maintain project schedule (complete on -time or early).
3
Quality of work.
4
Quality of consultative advice provided on the project.
5
Professionalism and ability to manage personnel.
6
Close out project process (final product turnover; invoices; manuals or going
forward documentation, etc.)
7
Ability to verbally communicate and document information clearly and succinctly.
8
Abiltity to manage risks and unexpected project circumstances.
9
Ability to follow County policies, procedures, rules, regulations, etc.
10
Overall comfort level with hiring the company in the future (customer satisfaction).
TOTAL SCORE OF ALL ITEMS
Please FAX this completed survey to:
RFP: xx -xxxx
RFP CCNA Template-06012011
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