Agenda 09/11/2012 Item #11E9/11/2012 Item 11. E.
EXECUTIVE SUMMARY
Recommendation to approve Contract 11 -5782 for three design contracts for the "Wastewater
Basin Program," Project Numbers 70043, 70044, 70046, 70050, 70051, and 70064, in the total
amount of $5,730,468, with AECOM Technical Services, Inc., CDM Smith Inc., and Hole Montes,
Inc. to perform professional engineering services; and authorize a budget amendment in the
amount of $1,648,267.31.
OBJECTIVE: Obtain contract approval for expert professional engineering services to
rehabilitate mission critical infrastructure in the wastewater collection system.
CONSIDERATIONS: On June 24, 2008, as Agenda item 10G, the Board of County
Commissioners (Board) adopted the 2008 Wastewater Master Plan Update that identified the
general requirement for rehabilitating wastewater collection systems. The proposed scope of
work will be executed under multiple projects shown in the attached Table 1. These projects are
consistent with the 2010 Wastewater CIP Update, pages 2 and 3, as identified in the 2011 User
Fee Rate Study.
On February 14, 2012, as Agenda item 16.C.1, the Board, as Ex- officio the Governing Board of
the Collier County Water -Sewer District, approved the selection committee rankings and
authorized staff to enter into negotiations with AECOM Technical Services, Inc., CDM Smith,
Inc., and Hole Montes, Inc., for three separate contracts under Request for Proposal No. 11 -5782.
Multiple technical support projects, Project Numbers 70043, 70044, 70046, 70050, 70051, and
70064, are being combined to fund this portion of the Wastewater Basin Program. At this time
staff is seeking the approval of the proposed contracts for each of the Board - approved
engineering consultants.
On March 27, 2012, the Board requested staff to return with revised contracts that were more
explicitly defined and demonstrable. The resulting scopes of work will now provide tangible,
complete engineering designs and construction drawings for the following prioritized worst -first
areas of the infrastructure:
• Rehabilitate eight aging master pump stations, adding overflow containment and
updating them to meet current Florida Department of Environmental Protection and
Florida Building Code Standards.
• Rehabilitate 111 pump stations, eliminating below grade leak hazards, adding
containment where feasible and emergency back -up pumping at critical pump stations.
• Alleviate potential overflow conditions that exist in Basin 101 (Naples Park).
• Replace a 40- year -old sub - aqueous force main crossing with an aerial crossing at the
111th Street bridge.
• Provide an alternative path for wastewater to reach the South County Water Reclamation
Facility ( SCWRF). Currently, 80 percent of the flow to the SCWRF goes through one
force main. Reconstruction of Master Pump Station (MPS) 306 and a force main from
MPS 306 to the SCWRF will provide a parallel path for needed reliability and
maintainability (Sabal Bay).
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9/11/2012 Item 11.E.
• Replace 22,865 feet of gravity sewer clay pipe.
• Replace 660 clay pipe service laterals.
• Replace 14,275 feet of wastewater force main.
The infrastructure being addressed represents the highest priority, worst -first areas based on
internal condition assessments.
Each contract contains a scope of work that has been customized based on the tasks requested in
RFP 11 -5782 in order to fit the needs of the particular basin that each vendor is to be working on.
Although not all requested tasks in the RFP are needed for each basin, all of the tasks in each
scope of work were requested in RFP 11 -5782.
Subsequent contracts for construction of the required infrastructure as developed under these
engineering designs, as well as construction, engineering and inspection services (CEI), will be
presented to the Board for review and approval.
FISCAL IMPACT: Funding is available in, and is consistent with, the FY2012 Capital Budget
approved by the Board on September 22, 2011. The source of funding is Wastewater User Fees,
Fund (414). A budget amendment is required from Project Numbers 72552, Lift Station Facility
Rehab, 70064, Collection System Lightning Protection, 73050, Wastewater Line Technical
Support, and 70021, Energy Efficiency Studies, all from Fund 414, in the amount of
$1,648,267.31.
LEGAL CONSIDERATIONS: This item has been approved by the County Attorney's Office, the
contracts are each legally sufficient, and the contracts require a majority vote for approval. - ERP
GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the goals,
objectives, and policies of the Growth Management Plan to ensure the adequacy and availability
of viable public facilities.
RECOMMENDATION: That the Board of County Commissioners, as Ex- officio the Governing
Board of the Collier County Water -Sewer District,
1. Approve Contract 11 -5782 to AECOM Technical Services, Inc., CDM Smith Inc., and
Hole Montes, Inc., for professional engineering services, and authorize funding for the
initial contract phase in the amounts of $1,870,468, $1,940,000 and $1,920,000,
respectively (a total of $5,730,468); and,
2. Authorize the Chairman to execute the contracts with each firm after approval by the
County Attorney's Office; and,
3. Approve the necessary Budget Amendment to transfer funds in the amount of
$1,648,267.31 from Project Number 72552 (Lift Station Facility Rehab), Project Number
70064 (Collection System Lightning Protection), Project Number 73050 (Wastewater
Line Technical Support), and Project Number 70021 (Energy Efficiency Studies) to
Project Number 70046 (Wastewater Pump Station Technical Support).
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9/11/2012 Item 11.E.
Prepared By: Craig Pajer, PE, Principal Project Manager, Public Utilities Planning and Project
Management Department
Attachments:
1) Table 1, Funding Sources: 2008 Wastewater Master Plan Update and 2011 Wastewater CIP
Update Reference Table "'
2) Solicitation Document for 11 -5782
3) Proposed Contracts
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9/11/2012 Item 11.E.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.E.
Item Summary: Recommendation to approve Contract 11 -5782 for three design contracts
for the "Wastewater Basin Program," Project Numbers 70043, 70044, 70046, 70050, 70051, and
70064, in the total amount of $5,730,468, with AECOM Technical Services, Inc., CDM Smith Inc.,
and Hole Montes, Inc. to perform professional engineering services; and authorize a budget
amendment in the amount of $1,648,267.31.
Meeting Date: 9/11/2012
Prepared By
Name: PajerCraig
Title: Project Manager, Senior,Public Utilities Engineering
5/31/2012 9:31:11 PM
Submitted by
Title: Project Manager, Senior,Public Utilities Engineering
Name: PajerCraig
5/31/2012 9:31:12 PM
Approved By
Name: Steve Messner
Title: Plant Manager,Water
Date: 6/21/2012 2:09:07 PM
Name: HapkeMargie
Title: Operations Analyst, Public Utilities
Date: 6/29/2012 1:13:13 PM
Name: JohnssenBeth
Date: 7/11/2012 10:45:56 AM
Name: NagySteve
Title: Manager - Wastewater Collection, Wastewater
Date: 7/11/2012 2:11:51 PM
Packet Page -1237-
Name: ChmelikTom
Title: Director, Public Utilities Engineering
Date: 7/11/2012 5:41:02 PM
Name: WidesTom
Title: Director - Operations Support - PUD,Utilities Fina
Date: 7/11/2012 7:43:12 PM
Name: ParkerNicole
Title: Contracts Specialist,Purchasing & General Services
Date: 7/12/2012 8:19:54 AM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 8/8/2012 9:42:43 AM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 8/8/2012 10:53:34 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 8/16/2012 3:31:42 PM
Name: YilmazGeorge
Title: Administrator, Public Utilities
Date: 8/24/2012 11:56:58 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/27/2012 2:13:48 PM
Name: UsherSusan
Title: Management /Budget Analyst, Senior,Office of Manage
Date: 9/1/2012 1:59:36 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/4/2012 8:47:12 AM
Name: OchsLeo
Title: County Manager
Date: 9/4/2012 4:43:10 PM
Packet Page -1238-
9/11/2012 Item 11.E.
9/11/2012 Item 11.E.
Packet Page -1239-
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Packet Page -1240-
9/11/2012 Item 11. E.
9/11/2012 Item 11.E.
REQUEST FOR PROPOSALS
In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act.
coter COUnty
Adrnnisira ve Services Division
Purchasing
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
CCNA Solicitation
#11 -5782 Wastewater Basin Analyses
Nicole Parker, Procurement Strategist
239 - 252 -4270 (Telephone)
239 - 252 -6549 (Fax)
nicoleparker @colliergov.net (Email)
This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this
document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent
award, or any other legal remedies available to the Collier County Government.
CCNA (Revision 8/10)
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9/11/2012 Item 11.E.
Table of Contents
LEGALNOTICE .......................................................................................................................... ..............................3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT .................................. ..............................4
EXHIBIT II: GENERAL RFP INSTRUCTIONS ................................................................................ .............................20
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ........................... .............................24
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP ................................................ ............................... 28
ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT .................................................... ............................... 35
ATTACHMENT 2: VENDOR CHECK LIST .................................................................................... .............................36
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ............................................................. ............................... 37
ATTACHMENT 4: VENDOR DECLARATION STATEMENT ........................................................... .............................38
ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION ................................................... .............................40
ATTACHMENT 6: VENDOR SUBSTITUTE W — 9 ......................................................................... .............................41
ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS ............................................... .............................42
ATTACHMENTS: REFERENCE QUESTIONNAIRE ....................................................................... .............................44
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9/11/2012 Item 11.E.
C Bey county
Administrative Services Division
Purchasing
Legal Notice
Pursuant to approval by the County Manager, Sealed Proposals to provide Professional Engineering
Services for Wastewater Basin Analyses will be received until 2:30 pm. Naples local time, on
December 16, 2011 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail
East, Naples, FL 34112.
CCNA Solicitation # 11 -5782
Wastewater Basin Analyses
Services to be provided shall include, but not be limited to the following: Develop the
Wastewater Basin Proqram for each basin region including, but not limited to the following three
(3) phases of work performed by the consultant:
• Phase 1: Wastewater Collection System Analyses
• Phase 2: Design rehabilitation program
• Phase 3: Post Design Services
A mandatory pre - proposal conference will be held on December 2, 2011, commencing promptly at
2:30 pm., and will be held in the Conference Room of Collier County Government, Purchasing
Department, 3327 Tamiami Trail East, Naples, FL 34112.
All statements shall be made upon the official proposal form which must be obtained only on the Collier
County Purchasing Department E- Procurement website: www.collieraov.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.collieroov.net/purchasing and in the Lobby of Purchasing Building "G ", Collier County Government
Center on November 18, 2011.
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9/11/2012 Item 11.E.
Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Public Utilities PPMD Department (hereinafter, the "Division
or Department "), the Collier County Board of County Commissioners Purchasing Department
(hereinafter, "County ") has issued this Request for Proposal (hereinafter, "RFP ") with the intent
of obtaining proposals from interested and qualified firms in accordance with the terms,
conditions and specifications stated or attached.
The Vendor, at a minimum, must achieve the requirements of the Specifications and Scope of
Work stated herein.
Brief Description
The selected consultant(s) shall perform a comprehensive analysis of the County -owned
wastewater system within specified basin boundaries to establish the basis of design for system
renovations. Upon completion of the analyses, the selected consultant(s) will perform design
and construction - related support services.
This solicitation anticipates the selection of three professional engineering firms to conduct the
referenced professional services for three specific wastewater service basins, namely, the
following: 1) Master Pump Station (MPS) Basin 101 (Gulfshore Drive and Naples Park); 2)
Master Pump Station (MPS) Basin 306, consisting of basins 303, 304 and 306 (Bayshore Drive
and Thomasson Drive); and 3) Master Pump Station (MPS) Basin 305, consisting of basins 308
(Gateway Triangle), 309 (Flamingo Estates), and 305 (The Glades).
Background
The Planning and Project Management Department (PPMD) of the Public Utilities Division has
six major program areas funded annually for the evaluation and upgrading of the County's
Wastewater Collection System. The TSP (Technical Support Projects) program areas are:
1. Gravity Transmission System TSP (manholes, pipes, laterals)
2. Force Main Transmission System TSP (ARVs, valves, pipes)
3. Pump Stations and Sub Master Pump Stations TSP
4. Master Pump Stations TSP
5. Collection System Power Systems TSP
6. Collection System Lightning Surge Control Grounding
Historically, PPMD's rehabilitation approach was to focus on critical facilities and upgrading the
"worst first." The Wastewater Collections Department has identified three wastewater basins
needing rehabilitation. In order to effectively and efficiently design rehabilitation projects, PPMD
has decided to investigate the complete wastewater collection system on a basin basis in order
to systematically analyze and construct needed improvements.
Initially this program will focus on the engineering evaluation and analysis of the collection
system after which will come the improvements design and construction phases.
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{ 1 . , _.
9/11/2012 Item 11.E.
Detailed Scope of Work
The County is interested in contracting with the most qualified firm(s) to develop and implement
a Wastewater Basin Study Program for three initial distinct geographical regions. Each
Wastewater Basin Study shall include three general phases of work (as described below), and
the contract will not be completed until the County has accepted final construction completion
on each geographical area. The County reserves the right to select one (1), two (2) or three (3)
firms to perform and coordinate all work in the geographical areas. Each of the three region
proposals will be evaluated independent of the others. Should the County decide to hire
multiple consulting firms, it is expected that the selected firms will work cooperatively with the
other firms to provide best value services to the Public Utilities Division and will share "lessons
learned" for the benefit of the County's rate payers.
The three (3) basin regions are described below:
1. Naples Park — MPS 101 (Area located north of Vanderbilt Beach Road, west of US 41 and
south of 111`h Street)
2. The Glades — MPS 305 (Area north of US 41,west of the Lakewood Community in the south,
west of Foxfire, west of Livingston Road, south of the Golden Gate Canal and east of the
Gordon River, excluding Naples Airport)
3. Bayshore — MPS 306 (Area South of US 41, and east of the Gordon River, excluding the
City of Naples Wastewater Service Area)
Throughout the duration of the program, consultant will provide project management assistance
consisting of the following:
• Attend biweekly (every two weeks) progress meeting with PUD staff
• Graphics /exhibit preparation
• Progress meeting assistance
• Project management assistance
• Project management plan preparation
• SCADA design
• Subsurface investigations of underground utilities
• Wastewater System Field Measurements
Evaluate Alternatives: Throughout the Scope of Work herein, a number of tasks are identified
that include the evaluation of several process and /or facility alternatives. Evaluation of the
specific alternatives will be based on a selection criteria weighting /ranking process utilized by
the Engineer specific to the particular task component.
The anticipated selection criteria for the various alternative evaluations will be from the following
list, as determined applicable by the Engineer and County for the given process and /or facility
component:
• Automation
• Capital Cost
• Chemical Cost
• Constructability
• Electrical (Power) Cost
• Fatal Flaw Analysis
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9/11/2012 Item 11.E.
• Good Neighbor Policy
• Maintenance
• Odor, Light, Noise Potential
• Operational Flexibility
• Operator Attention
• Performance and Reliability
• Process Monitoring
• Public Acceptance
• Redundancy /Reliability
• Safety
• Security
• Site Aesthetics
• Space Utilization
• Wet Weather Tolerance
The basis for recommendation of a selected alternative for a given process and /or facility
component will be a 3 -step weighting /ranking approach developed by the Engineer, except as
otherwise directed by the County, as described in the following:
Step 1 Each criteria item will be given a "Weight' factor between 1 and 3 relative to the
specific process and /or facility component being evaluated, where I" is considered
least important and "3" is considered most important.
Step 2 Each criteria item will then be given a "Rank" factor between 1 and 5 relative to the
specific process and /or facility component being evaluated, where "5" is considered
best (i.e., cheapest, easiest, etc.) and "1" is considered worst.
Step 3 An overall process evaluation matrix will be developed, where the individual criteria
"Weight" and "Rank" will be multiplied together, and total points determined for each
process and /or facility component being evaluated. Alternative recommendation will
be based upon the highest total points accordingly. Final alternative selection will be
reviewed and approved with County staff.
Attend Project Progress Meetings: Bi- weekly meetings with County representatives will be
conducted, as requested by the Program Manager, throughout the program to keep the County
informed of the project progress, to make certain that the Engineer is productively conducting its
consulting services and to obtain input and direction as required for outstanding project issues.
A firm day and time will be established for all bi- weekly meetings. Meeting objectives will be to
provide progress updates, reach decisions on pertinent issues relative to the specific topics
being addressed. Progress meetings may be held with other selected Engineers in order to
effectively collaborate the work effort associated with this program.
The Engineer will prepare and distribute agendas and minutes for each meeting incorporating
agenda items and meeting minute corrections provided by the County. Agendas will be
submitted to the County at least two days prior to the meeting. Draft minutes will be submitted
to the County no more than three working days following each meeting; County will provide
comments no more than three working days after receipt of draft minutes.
The Wastewater Basin Study in each basin region shall include but is not limited to the following
three (3) phases of work performed by the consultant:
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9/11/2012 Item 11.E.
Phase 1: Wastewater Collection System Analysis
Phase 2: Design rehabilitation program
Phase 3: Post Design Services
Phase 1: Wastewater Collection System Analysis
TASK 1.1 — Identify, analyze, prioritize and recommend the rehabilitation program for the basin
region. Tasks may include, but are not limited to:
1) Determine /confirm the pump station (PS) service area (basin) for each pump station
2) Determine existing and ultimate theoretical wastewater generation for each pump
station (PS) service area based on current land use and zoning. Estimate potential
ultimate wastewater flow generation for vacant land by assuming a practical potential
zoning designation consistent with historic rezoning trends.
3) Collect the necessary information to confirm the build out flow conditions for each
pump station both public and private. Obtain the following documents:
a. FDEP permit files for each lift station to identify the original design flow
b. Existing and future land use maps
c. Existing zoning maps
d. Existing and proposed (if known) PUDs
e. GMD approved wastewater pump station plans
4) Determine current wastewater flow generation for each pump station service area
based on recorded measured flow readings either entering or leaving a pump station
for a three month time period
5) Evaluate historical pump station operation to validate whether it is operating
efficiently
6) Physically examine condition of all collection system components in a Pump Station
service area based on criteria provided by PUPPMD. Provide information in both
Excel and GIS format. Some portions of the study area may have been previously
examined by either Collier County Collections Department staff or other contractors.
These areas will not need to be reexamined.
7) The inventory of conditions should include a physical survey of the collection system
which is being evaluated during the 1/1 investigations. The physical survey is
conducted to isolate 1/1 problem areas, select flow gauging (continuous and
instantaneous) sites, and provide a basis for a preliminary assessment of the general
physical (structural and operational) condition of the collection system. At a
minimum, the following tasks are to be performed during the inventory of conditions:
a. Inspection of manholes
b. Identification of continuous and instantaneous flow gauging manholes
c. Determination of gauging area boundaries for continuous and instantaneous
gauging areas
d. Measure or determine groundwater levels
e. Gravity sewer /service lateral inspection — if warranted, retain the services of a
qualified lateral inspection company to assess the condition of gravity
sewer /service laterals
f. Force Main Evaluation — Evaluate the condition of all force mains located
within the basin. Contract the services of a pipeline condition evaluation firm
if warranted.
g. Identify problem areas
8) Perform a Sewer System Evaluation Survey as defined by USEPA.
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9)
10)
11)
12)
9/11/2012 Item 11.E.
Prepare exhibits for each pump station service area illustrating the pump station
service area and the associated existing and future land use and zoning. Install
wastewater flow measuring devices for a minimum period of three months in each
pump station basin. Provide organized flow monitoring report that presents recorded
flow rates in tabular and graphic formats. Analyze metered flow to determine Base
Wastewater Flow (BWF), Groundwater Infiltration (GWI) and Rainfall- Derived
Infiltration /Inflow (RDII).
Perform an Infiltration /Inflow Analysis of the study area including smoke testing.
Prepare a signed and sealed Technical Memorandum for each pump station service
area identifying:
a. The original design capacity and flow
b. Existing pump station run time information
c. Projected build out capacity and flow requirements
Pump Station Evaluations
a. A local knowledgeable Florida - licensed professional land surveyor or mapper
shall survey each pump station site and confirm that it is located inside a
legal easement owned by or issued to the Collier County Water Sewer
District. Retain the services of a local title research company specializing in
ownership and encumbrance property reports to confirm easement
ownership. Provide a detailed survey sketch of all above ground features,
including landscaping within a 50 -ft radius from the pump station site
including topography with both 1 -foot contours and intermediate spot
elevations. Locate and identify above - ground structures within 100 feet from
the pump station. Deliver sketches in hard copy, PDF and AutoCAD format.
b. Provide legal sketches and legal descriptions of required temporary and
permanent easements when requested.
c. Develop a pump station checklist to facilitate data collection during site visits.
d. Visit each pump station site and document the structural, electrical, civil and
mechanical conditions. Each site visit will include at a minimum, a civil
(water /wastewater) engineer, structural engineer and an electrical engineer
experienced with wastewater facilities. All engineers shall be registered
professional Engineers in the state of Florida. All work performed shall be
signed and sealed by Engineers performing the work.
e. Use field kits to estimate the hydrogen sulfide levels generated at each pump
station.
f. Gather available information related to each pump station to assist with pump
station evaluation, including:
• Pump Station As -Built information
• Pump Station Operational Data including pump run times, system maps,
original design data for pump station sizing, system modifications which
may have altered the pump station flow since the original design was
performed.
• Available permit information from applicable regulatory agencies including
construction permits, SDPs, certifications of completion, conveyance
documents, and compliance information. It will be the consultant's
responsibility to obtain this information.
• Property ownership and recorded information regarding easements, as
may be applicable.
g. Utilize local (Collier County) knowledgeable registered land surveyors to
stake out the easements and /or property boundaries; collect and record the
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9/11/2012 Item 11.E.
limits of the boundary as well as the physical location of the existing pump
station components such that the adequacy of the existing area can be
reviewed for future expansion. As part of this task, call Sunshine State One -
Call System to have the existing utilities located and to determine pipe
ownership (water, irrigation quality water, gas, electric, force mains, etc) prior
to performing any field survey efforts.
h. Utilize the information from the field evaluations and the data collection stage
to perform an overall evaluation of each pump station. The field evaluations
will include evaluation of pump station components. This will include:
• An analysis of current and projected flows based on data collected
• Availability of fiber optic connections
• Available storage capacity in the pump stations collection system. This
storage-ca pa city shall include storage within manholes and sewer mains
up to the lowest manhole overflow level
• Collection System Storage Time - Determine the available response time
from a pump station failure (high level alarm) to system overflow at
current and ultimate design flows
• Compliance with FEMA Flood Elevations
• Costs of potential improvements
• Electrical system components including site lighting, power feed (above-
ground vs. underground), feed size, emergency power supply and related
site electrical
• Existing utilities which may be in conflict with future improvements
• Existing vegetation that would require trimming and /or removal
• Fencing /Bollards (conditions and sufficiency for future expansion)
• Flow meter and by -pass assembly (if applicable)
• Landscaping (code considerations) and irrigation
• Odor control condition, size, unit type (if applicable)
• Potential for bypass pumping
• Presence of blower system for grease reduction
• Pump condition and size adequacy (to meet future flows)
• Pump controls and communication including control panels,
programmable logic controllers (if present), variable frequency drives (if
present), radio feed and tower location
• Pump energy efficiency
• Site access
• Site layout of proposed improvements
• Site size sufficiency
• Water and irrigation quality water service availability
• Wet well condition and sizing (to meet future flows)
• Wet well ventilation
Pump Station Evaluation Report Preparation
1. Following completion of Pump Station Evaluation, prepare a draft "Fence
to Fence" Evaluation Report (Report) addressing each pump station
within the basin. The Report will include a summary of the findings for
each evaluation component listed above. Prepare exhibits for each pump
station service area illustrating the pump station service area and the
associated existing and future land use and current zoning.
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2. A summary memorandum will be prepared for each pump station
identifying:
a. The original design capacity (head and flow)
b. Existing pump station run time information
c. Projected build out capacity (head and flow requirements)
d. Recommended pump model number and pump curve
1. Four (4) hard and one electronic copy in PDF format copies of
each draft Report will be delivered to Collier County for review
and comment. Upon completion of the county's review of
each report, meet with the County to discuss the report and
any comments that the county may have.
2. Revise each report based on comments received from Collier
County and incorporate them into the final report for each
pump station. Upon completion, four (4) signed and sealed
copies of each report will be provided to Collier County for
their use in future planning for pump station upgrades.
3. The following deliverables are anticipated:
a. Provide copies of the draft 1/1 Analysis and Technical
Memorandum for each pump station basin.
b. Provide copies of the final 1/1 Analysis and Technical
Memorandum for each lift station incorporating comments
received from Collier County.
Phase 2: Desian
Engineer shall design the rehabilitation program, assist with bid process and recommend
construction contractor to execute the basin program within the region; and
• Prepare bid /quote documents for collection system renovations
• Monitor collection system renovation activities
• Design pump station
• Observe and provide oversight
The following tasks are included as part of the scope of work.
Task 2.1 Final Design and Permitting Phase
a. On the basis of the accepted preliminary fence to fence layout, Consultant will
prepare final drawings and specifications, which provide the general scope, extent
and character of the work to be furnished, and performed by the Contractor.
Consultant will prepare and submit drawings and specifications at the 60 -, 90- and
100 - percent complete stages for review and approval. An engineer's opinion of
probable construction cost will accompany each submittal.
Technical specifications will be based on the 16- Division format of the Construction
Specifications Institute (CSI) in MS Word format. In addition to technical
specifications, Engineer will coordinate with County to develop necessary General
Conditions, Supplemental Conditions, and Special Provisions Specifications will be
developed specifically for the project being constructed. Standard Collier County
Specifications may be used for reference but the Engineer shall not rely on them as
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a replacement for sound engineering judgment and responsibility. Documents shall
include drawings and project specifications ready for bidding, consistent with Collier
County standards, including the following:
1) Cover sheet, index and key map.
2) Civil Site Plan including fencing and landscaping.
3) Civil Details
4) Demolition Plan
5) Pump Station Plan and Profile
6) Mechanical Details
7) Electrical Site Plan
8) Electrical Details
9) Riser and Wiring Diagram
10) Control Panel Layout, Name Plate Layout
b. Prepare applications for an Insubstantial Change to a Site Improvement Plan when
required from Collier County Growth Management Division and respond to requests
for additional information. Prepare all other required permit applications. Permitting
fees will be paid by the County.
c. Furnish copies of Contract Documents that include engineering drawings and
specifications. Present and review them in person with the County at the 60- percent
and 90- percent completion stages in the project and make appropriate changes for
the pump station site.
d. Prepare a permit application for submittal to the Florida Department of Environmental
Protection (FDEP) and provide backup documentation including drawings and
specifications for each lift station site. Respond to a request for additional information
(RAI) from the FDEP. All permit fees will be paid by the County.
Task 2.2 Bidding and Award Phase
With the exception of the following, bid /quote services will be performed by the
Collier County Purchasing Department. Consultant will assist the County with the
following:
a. Assist in preparing addenda, as required, to interpret, clarify, or expand the
Bidding Documents.
b. Consult with and advise the County as to the acceptability of the contractor and
subcontractors, suppliers and other persons and organizations proposed by the
Prime Contractor for those portions of the work as to which such acceptability is
required by the Bidding Documents.
c. Consult with the County concerning and determine the acceptability of substitute
material and equipment proposed by the Contractor when substitution prior to the
award of contracts is allowed by the Bidding Documents.
d. Conduct a pre- bid /quote conference
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e. Attend the bid opening, review bids, qualifications,
f. Provide a recommendation of award.
Phase 3 — Post Design Services
Consultant's inspector shall observe regular construction and testing activities related to the
Project as directed by the Project Manager, including rehabilitation work. Construction /testing
reports and pictures of construction will be prepared daily on the day the construction activity
takes place by the Construction inspector. All construction documentation will be provided no
later than the next morning via electronic E -mail to the project manager. A hard copy will be
kept in the project file.
Task 3.1 — Construction Observation and Documentation
The construction inspector (or activity observer) will provide the services outlined below. This
section also incorporates activity observations associated with Collection System Analyses
performed in Phase 1 (i.e., smoke testing, flow monitoring, inspections, etc.).
3.1 — Construction/Testing Observation — The construction inspector will conduct on -site
observations and inspections of all construction /testing activities on the Project on a full or part
time basis unless directed otherwise by the project manager to ensure that all work is completed
in accordance with the Contract Documents. The Construction Inspector will inform the project
manager and the on -site superintendent of the construction /testing contractor of any concerns
related to conformance of the work with the Contract Documents (a concern or an Issue) as an
attempt to resolve any concern or issue on -site. If the concern or issue is not immediately
resolved in the field, the Construction Inspector shall inform the Engineer of Record (EOR) and
the project manager in writing about the concern or issue within eight (8) business hours, but
not more than one business day after the discovery of any concern or issue. The 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 damaged before final payment. The Construction Inspector
will maintain a separate Issue Resolution Log documenting any issue or concern that is
conveyed in writing to the EOR, including the written directive resolving the issue or concern.
3.2 - Log and Construction Documentation — The construction inspector will prepare a daily log
with pictures recording activities and details related to the work on a form approved in advance
by the project manager. Information will be recorded in the log when at the Project Site. Log
entries will record all relevant aspects of the construction observed while on site including, but
not limited to: construction crew (labor) details, equipment used, materials used, compliance
testing and inspection performed, weather, temperature, site conditions, trench conditions,
backfill material used, dewatering methods, compaction methods, location of the work, and all
other details related to the Work. The log will reference the digital photographs and or video
taken with appropriate file names and file locations. In addition to the construction details, the
daily log will contain information related to: time and hours on the job site, weather conditions,
data pertaining to questions of quantities of materials used, extras or deductions, list of visiting
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officials and representatives of manufacturers, fabricators, suppliers and distributors,
observations in general and specific observations in more detail as in observing test
procedures, conformance inspection of materials and fittings, name plate data for equipment
and material installed, and other information requested by the project manager. Logs,
photograph files and other construction documentation will be provided to the project manager
by the Construction inspector on a daily basis in an electronic file via E -mail, on a digital CD
only if requested by the project manager and a printed copy to be maintained on the project site
in the inspector's trailer.
3.3 — Photographic and Video Record — The Construction inspector will provide a
comprehensive digital photographic record of all construction activities related to the Project.
The digital file names will be referenced in the log along with a brief description of the
photograph, the date and time of the photograph and the name of the photographer. The digital
files will be transferred via E -mail to the project manager on a daily basis, to a digital CD if
requested by the project manager, and submitted on a daily basis along with the construction
documentation. The photographs may be electronic sent via E -mail to the project manager on a
daily basis. If requested by the project manager, pictures will be printed in high resolution color,
two captioned photos per 8'/2" x 11" sheet, printed one side only. The prints if requested will be
provided to the project manager when needed. If requested by the project manager, Video will
be provided in digital format on DVD bi- weekly.
3.4 - General Coordination — The Construction inspector will coordinate all activities related to
the Project between the construction contractor, the 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.
3.5 - Observe Regulatory Agency Inspections — The inspector will accompany visiting inspectors
representing any regulatory agencies having jurisdiction over the Project and will record all
discussions and the outcome of these regulatory inspections in the logs. The inspector will
always notify the project manager prior to any such inspections.
3.6 - Construction Progress Meetings — The inspector will coordinate bi- weekly progress
meetings chaired by the project manager, attended by the construction contractor to review
project status and identify issues that may affect the Project. The inspector will prepare a
DRAFT Agenda at least two business days in advance of the each meeting and issue written
meeting notes identifying a summary of the discussion, conclusions and any risks that have
been encountered or are expected within two days after the meeting to the project manager,
EOR, and the construction contractor.
3.7 - Substantial Completion Inspections — The Construction inspector will conduct substantial
completion inspections when requested by the construction contractor and the 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
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Substantial Completion Inspection shall be provided in writing and pictures to the project
manager for the Project.
3.8 — Final Completion Inspection - Upon the request of the construction contractor and
concurrence of the 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.
3.9 — Final Construction Certification — Upon issuance of a "notice of final acceptance and
recommendation for final payment" the Construction inspector will provide a signed and sealed
certification by a professional engineer of the 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 3.2 — Construction Inspector and Project Oversight
3.2.1 - General Management and Oversight — The Construction inspector will provide support
services customarily related to the construction observation and inspection of similar projects
including, but not limited to:
a. Participate in a pre- construction meeting with the project manager, EOR, and the
general contractor.
b. Participate in other meetings as described or implied herein.
c. Review and verify correctness of the construction contractor's monthly applications
for payment and accompanying data and recommend approval of payments due to
the construction contractor. The Construction inspector's recommendation of any
payment requested in an application for payment shall constitute a representation by
the Construction inspector to the project manager as an experienced and qualified
professional, that based on Construction inspector's onsite observations and
inspections of construction in progress, that the construction quantities in the
applications for payment accurately reflect the progress of the work and that the work
is constructed in accordance with the Contract Documents. The Construction
inspector will process pay requests in accordance with the Florida Prompt Payment
Act. All incoming pay requests processed by the Construction inspector shall be
mechanically stamped with the date received.
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d. The Construction inspector will review the monthly updates to the construction
schedule prepared by the construction contractor and provide written comments to
the project manager and EOR.
e. The Construction inspector will provide such field testing and verification that all
materials, equipment and supplies installed or utilized on the Project are in full
accordance with the Contract Documents and approved Shop Drawings provided by
the EOR.
f. Within one week after the construction contractor notifies the 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
except as noted.
3.2.2 — Coordination of Shop Drawings, Contract Interpretations and Clarifications — The
Construction inspector will coordinate with the design engineer (EOR) regarding the issuance of
interpretations and clarifications of Contract Documents during construction. The DESIGN
Engineer (EOR) shall be responsible for technical review and decisions regarding interpretation
and clarification of Contract Documents. The Construction inspector shall coordinate the
DESIGN Engineer's (EOR) decisions and responses with the construction contractor.
3.2.3 - Monitor Project Records — The Construction inspector shall monitor all required Project
records, including but not limited to delivery schedules, inventories and construction reports.
3.2.4 — As Constructed Field Drawings — The Construction inspector shall maintain red pencil
"mark -up" notations and sketches on full size construction plans that reflect the actual details of
constructed facilities. These Constructed Field Drawings will be used by the Construction
inspector to validate the "As Built" documentation provided by the construction contractor. The
Construction inspector will notify the project manager, 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.
3.2.5 — Start -up and Re- commissioning Support — The Construction inspector will assist the
project manager, the EOR, and the construction contractor during start -up of each segment
designated for Beneficial Use by the 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 3.3 — Additional Services
3.3.1 — Additional Services (only as authorized in writing) —In accordance with the contract or
purchase order, in the event that other services may arise during the course of the work, but
were not envisioned as part of the original or amended scope of work; Engineer shall submit a
proposal to perform Additional Services prior to the performance of the work. The proposal shall
include the specific services to be performed, time to complete, compensation, and an
explanation as to why the services were not previously envisioned as part of the scope of work.
The proposed Additional Services must be approved by the project manager in writing in
advance of performance of said Additional Services. Failure to notify the project manager in
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writing of Additional Services shall be deemed a waiver of any claim by the Engineer that such
services were Additional Services. Written authorization from the project manager will be
required for any charges that exceed the predetermined upper limit.
Term of Contract
The term of this contract shall be for sixty (60) days following the final acceptance of the
construction project associated with this agreement and no longer than six (6) years, unless
prior approval by the Board of County Commissioners.
Projected Solicitation Timetable
The following projected timetable should be used as a working guide for planning purposes
only. The County reserves the right to adjust this timetable as required during the course of the
RFP process.
Event
Date
Issue Solicitation Notice
November 18, 2011
Mandatory pre - solicitation meeting
December 2, 2011, 2:30
PM, Naples Local Time
and Locations
Last Date for Receipt of Written Questions
December 9, 2011, 2:30
PM, Naples Local Time
Solicitation Deadline Date and Time
December 16, 2011, 2:30
PM, Naples Local Time
Response Format
The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms
and conditions of same, and all ordinances and policies of Collier County. The Vendor further
agrees that if the contract is awarded the work will be performed in accordance with the
provisions, terms and conditions of the contract.
To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the
guidelines set forth in this RFP.
Any portions of the proposal that do not comply with these guidelines must be so noted and
explained in the Acceptance of Conditions section of the proposal. However, any proposal that
contains such variances may be considered non - responsive.
Proposals should be prepared simply and economically, providing a straightforward concise
description of the Vendor's approach and ability to meet the County's needs, as stated in the
RFP. All proposals should be presented as described in the RFP in PDF or Microsoft Word
format with Tabs clearly marked. If applicable, the utilization of recycled paper for proposal
submission is strongly encouraged.
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The items listed below shall be submitted with each proposal and should be submitted in the
order shown. Each section should be clearly labeled, with pages numbered and separated by
tabs. Failure by a Vendor to include all listed items will result in the rejection of its proposal.
Tab 1: Cover Letter and Acceptance of Conditions — No points awarded
In no more than two pages (executive summary), briefly describe the overall project
approach and the firm's experience in providing the requested services as identified in this
RFP and identify which Wastewater Basin Regions the firm is submitting its proposal (select
one, two or three):
Naples Park
Glades
Bayshore
II. Tab 2: Project Understanding Approach — Maximum 45 points
Provide the following information:
• Project Understanding - Describe the background of the project and the local
circumstances driving the need for this program.
• Key Issues - Describe the key issues anticipated for this project and summarize your
approach to them and your experience dealing with similar issues on other projects.
Overall Approach - Presents an overview of the your project approach and map the 00 • program process from beginning to end, including building public trust and maintaining
public communications throughout the project.
• Technical Approach - Provide a detailed step -by -step description of how you will work
through this program development process.
• Areas Requiring Special Consideration - Highlight how you will address project areas of
broad importance to Collier County and its stakeholders.
• Staffing and Location of Work - Show the depth of the team's resources and where the
project will be managed.
• Program Timeline - Describe the firm's timeline for completing the three phases of work
in the Wastewater Basin Study Project.
• Representative Projects - Provide a sample of a work product for each of the three
phases that is of similar nature to the County's scope of work contained in this RFP.
III. Tab 3: Technical Team — Maximum 35 points
Provide an Organizational Chart of the Project Team (excluding Collier County staff)
including subconsultants.
Provide Team Member Profiles - Provide resumes for all of the full time staff members
assigned to the Collier County Wastewater Basin Study Project for all of the three
phases of work; identify the specific staff assigned to each of the phases.
Provide the percentage of subconsultant percentages expected to use for the three
phases and describe the discipline /work.
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IV. Tab 4: Location, Availability and Responsiveness — Maximum 10 points
The selected consultant(s) will be required to interface with Public Utilities' staff on a daily or
more frequent basis. Collier County has concluded that selecting a local (Collier and Lee
Counties) consultant 1) is in its best interest to contain costs, 2) minimizes task completion
time frames, and 3) results in higher quality of professional services due to their knowledge
and understanding of local geography and topology. Illustrate how available and how
responsive the Engineer's team members will be for this program. Firms having a local
office (Collier and Lee Counties) will receive the maximum number of points (10). Firms
having office their office located within 75 miles of the Collier County Government complex
will receive 5 points. Firms having an office beyond 75 miles will not receive any points
under this category.
V. Tab 5: References — Five (5) Completed and Returned - Maximum 10 points
In order for the firm to be awarded any points for this tab, the County requests that the firm
submits five (5) completed reference forms (see Attachment 8: Reference Questionaire)
from clients whose projects are of a similar nature to the Wastewater Basin Study Program
as described in this RFP. The County will only use the methodology calculations for the first
five (5) references (only) submitted by the firm in their proposal.
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each firm's information provided in this area:
• The County shall total each of the firm's five reference questionnaires and create a
ranking from highest number of points to lowest number of points. References marked
with an N/A (or similar notation will be given the score of zero (0)). Firms who do not
turn in reference forms will be counted as zero (0).
• The greatest number of points allowed in this criterion will be awarded to the firm who
has the highest score.
• The next highest firm's number of points will be divided by the highest firm's points which
will then be multiplied by criteria points to determine the firm's points awarded. Each
subsequent firm's point score will be calculated in the same manner.
• Points awarded will be extended to the one decimal point (per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be
distributed among the five proposers.
Firm Name
Firm Total Reference
Score
Points Awarded
Firm ABC
445
10
Firm DEF
435
9.8
Firm GHI
425
9.6
Firm JKL
385
8.7
Firm MNO
385
8.7
Firm PQR
250
5.6
The points awarded by firm will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the firm's proposal to
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ensure consistency and completion of all tasks in the RFP, and review the Points Awarded
per firm. The Selection Committee may, at their sole discretion, contact references, and /or
modify the reference points assigned after a thorough review of the proposal and prior to
final ranking by the final Selection Committee.
VI. Tab VII, Required Form Submittals
• Attachment 2: Vendor Checklist
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Vendor Declaration Form
• Attachment 5: Immigration Affidavit and company's E- Verify profile page and
memorandum of understanding
• Attachment 6: Vendor Substitute 9
• Attachment 7: Insurance Requirements
• Other: License, informational materials, signed addenda
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Exhibit II: General RFP Instructions
1. Questions
9/11/2012 Item 11.E.
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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6. Delivery of Proposals
All proposals are to be delivered before 2:30 pm, Naples local time, on or before December
16, 2011 to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Nicole Parker, Procurement Strategist
The County shall not bear the responsibility for proposals delivered to the Purchasing
Department past the stated date and /or time indicated, or to an incorrect address by
Vendor's personnel or by the Vendor's outside carrier. However, the Purchasing /General
Services Director, or designee, shall reserve the right to accept proposals received after the
posted close time under the following conditions:
• The tardy submission of the proposal is due to the following circumstances, which
shall include but not be limited to: late delivery by commercial carrier such as Fed
Ex, UPS or courier where delivery was scheduled before the deadline.
• The acceptance of said proposal does not afford any competing firm an unfair
advantage in the selection process.
Vendors must submit two (2) paper copies with one copy clearly labeled "Master," and
six (6) compact disks (CD's) with one copy of the proposal on each CD in Word or
PDF electronic format. List the Solicitation Number and Title on the outside of the disk and
box or envelope.
7. Validity of Proposals
No proposal can be withdrawn after it is filed unless the Vendor makes their request in
writing to the County prior to the time set for the closing of Proposals. All proposals shall be
valid for a period of one hundred eighty (180) days from the submission date to
accommodate evaluation and selection process.
8. Method of Source Selection
The County is using the Competitive Sealed Proposals methodology of source selection for
this procurement, as authorized by Ordinance Number 87 -25, and Collier County Resolution
Number 2006 -268 establishing and adopting the Collier County Purchasing Policy.
The County may, as it deems necessary, conduct discussions with qualified Vendors
determined to be in contention for being selected for award for the purpose of clarification to
assure full understanding of, and responsiveness to solicitation requirements.
9. Evaluation of Proposals
Collier County will evaluate and select these Services in accordance with Florida Statute
287.055, Consultants' Competitive Negotiation Act.
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The County's procedure for selecting is as follows:
1. The County Manager shall appoint a Selection Committee to review all proposals
submitted.
2. Request for Proposals issued.
3. Subsequent to the closing of proposals, the Procurement Strategist and Project
Manager shall review the proposals received and verify whether each proposal
appears to be minimally responsive to the requirements of the published RFP.
4. Meetings shall be open to the public and the Procurement Strategist shall publicly
post prior notice of such meeting in the lobby of the Purchasing Building at least one
(1) day in advance of all such meetings.
5. The committee members shall review each Proposal individually and score each
proposal based on the evaluation criteria stated herein.
6. Prior to the first meeting of the selection committee, the Procurement Strategist will
post a notice announcing the date, time and place of the first committee meeting.
Said notice shall be posted in the lobby of the Purchasing Building not less than
three (3) working days prior to the meeting. The Procurement Strategist shall also
post prior notice of all subsequent committee meetings and shall endeavor to post
such notices at least one (1) day in advance of all subsequent meetings.
7. Collier County will consider all the material submitted by the Proposer and other
information Collier County may obtain to determine whether the Proposer is capable
of and has a history of successfully completing projects of this type, including,
without limitation, additional information Collier County may request interviews, or
oral presentations. Should the County request interviews or presentations, the
evaluation criteria will be disseminated to the selected firm(s) prior to the date of the
presentation.
8. The Selection Committee, as approved by the County Manager, will review, evaluate
and rank all responsive proposals received from Proposers responding to this RFP.
The committee members shall score each Proposal in accordance with the rating
criteria set forth below and may, at their discretion, schedule presentations from any
firms submitting a proposal. The Selection Committee will rank qualified firms in
order of preference and by consensus using all information presented to the
Committee, choose the top ranked firm and will subsequently enter into negotiations
with the top ranked firm. Award of the contract is dependent upon the successful and
full execution of a mutually agreed contract.
9. Negotiations shall begin with the top- ranked firm(s) in accordance with Florida
Statute 287.055.
10. Upon the successful completion of negotiations, contracts will be presented to the Board of
County Commissioners for approval.
The County reserves the right to withdraw this RFP at any time and for any reason, and
to issue such clarifications, modifications, addendums, and /or amendments as it may
deem appropriate, including, but not limited, to requesting supplemental proposal
information.
Receipt of a proposal by the County or a submission of a proposal to the County offers
no rights upon the Vendor nor obligates the County in any manner.
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9/11/2012 Item 11.E.
Acceptance of the proposal does not guarantee issuance of any other governmental
approvals. Proposals which include provisions requiring the granting of zoning variances
shall not be considered.
10. References
The County reserves the right to contact any and all references submitted as a result of this
solicitation.
11. Proposal Selection Committee and Evaluation Factors
The County Manager shall appoint a Selection Committee to review all proposals submitted.
The factors to be considered in the evaluation of proposal responses are listed below.
Tab Criteria Points
2 Project Understanding Approach 45
3 Technical Team 35
4 Location, Availability and Responsiveness 10
5 References 10
TOTAL 100
Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm
with the lowest paid dollars by Collier County to the vendor (as obtained from the County's
financial system) within the last five (5) years will receive the higher individual ranking. This
information will be based on information provided by the Vendor, subject to verification at
the County's option. If there is a multiple firm tie in either individual scoring or final ranking,
the firm with the lowest volume of work shall receive the higher ranking, the firm with the
next lowest volume of work shall receive the next highest ranking and so on.
12. Acceptance or Rejection of Proposals
The right is reserved by the County to waive any irregularities in any proposal, to reject any
or all proposals, to resolicit for proposals, if desired, and upon recommendation and
justification by Collier County to accept the proposal which in the judgment of the County is
deemed the most advantageous for the public and the County of Collier.
Any proposal which is incomplete, conditional, obscure or which contains irregularities of
any kind, may be cause for rejection. In the event of default of the successful Vendor, or
their refusal to enter into the Collier County contract, the County reserves the right to accept
the proposal of any other Vendor or to readvertise using the same or revised
documentation, at its sole discretion.
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9/11/2012 Item 11.E.
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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5. 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.
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
9/11/2012 Item 11.E.
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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likely to occur, VENDOR may, at the
COUNTY'S option, procure for the COUNTY
the right to continue using the goods or
services, or replace or modify the goods or
services so that they become non - infringing,
(without any material degradation in
performance, quality, functionality or
additional cost to the COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall
provide commercial insurance of such type
and with such terms and limits as may be
reasonably associated with the Purchase
Order. Providing and maintaining adequate
insurance coverage is a material obligation
of the VENDOR. All insurance policies shall
be executed through insurers authorized or
eligible to write policies in the State of
Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all
federal, state, and local laws, rules, codes,
and ordinances that are applicable to the
conduct of its business. By way of non -
exhaustive example, this shall include the
American with Disabilities Act and all
prohibitions against discrimination on the
basis of race, religion, sex creed, national
origin, handicap, marital status, or veterans'
status. Further, VENDOR acknowledges
and without exception or stipulation shall be
fully responsible for complying with the
provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.S.C.
1324, et seq. and regulations relating
thereto, as either may be amended. Failure
by the awarded firm(s) to comply with the
laws referenced herein shall constitute a
breach of the award agreement and the
County shall have the discretion to
unilaterally terminate said agreement
immediately. Any breach of this provision
may be regarded by the COUNTY as a
material and substantial breach of the
contract arising from this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in
performance resulting from any cause
beyond their control, including, but without
limitation to war, strikes, civil disturbances
9/11/2012 Item 11.E.
and acts of nature. When VENDOR has
knowledge of any actual or potential force
majeure or other conditions which will delay
or threatens to delay timely performance of
this Purchase Order, VENDOR shall
immediately give notice thereof, including all
relevant information with respects to what
steps VENDOR is taking to complete
delivery of the goods and /or services to the
COUNTY.
15. Assignment
VENDOR may not assign this Purchase
Order, nor any money due or to become due
without the prior written consent of the
COUNTY. Any assignment made without
such consent shall be deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida
sales and use tax on real property, transient
rental property rented, tangible personal
purchased or rented, or services purchased
(Florida Statutes, Chapter 212), and from
federal excise tax.
17. Annual Appropriations
The COUNTY'S performance and obligation
to pay under this Purchase Order shall be
contingent upon an annual appropriation of
funds.
18. Termination
This Purchase Order may be terminated at
any time by the COUNTY upon 30 days
prior written notice to the VENDOR. This
Purchase Order may be terminated
immediately by the COUNTY for breach by
VENDOR of the terms and conditions of this
Purchase Order, provided that COUNTY has
provided VENDOR with notice of such
breach and VENDOR has failed to cure
within 10 days of receipt of such notice.
19. General
a) This Purchase Order shall be governed
by the laws of the State of Florida. The
venue for any action brought to
specifically enforce any of the terms and
conditions of this Purchase Order shall
be the Twentieth Judicial Circuit in and
for Collier County, Florida
b) Failure of the COUNTY to act
immediately in response to a breach of
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C)
d)
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
9/11/2012 Item 11.E.
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 RFP 9/11/2012 Item 11.E.
1. Insurance and Bonding Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in the Insurance and
Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon
the entire project, if required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors, Contractors,
Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered
by property insurance provided herein, except such rights as they may have to the proceeds of such
insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from
the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them
to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name
Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and
shall contain a severability of interest's provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder' should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in
Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of
the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the
nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of
financial responsibility for such obligations. All self- insured retentions or deductibles will be Vendor's
sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work until
the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Vendor and /or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also
notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of
expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its
insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the
event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such
policy.
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Should at any time the Vendor not maintain the insurance coverage(s) required f 9/11/2012 Item 1 1.E.
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and
charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such
costs within thirty (30) days after demand, the County has the right to offset these costs from any amount
due Vendor under this Agreement or any other agreement between the County and Vendor. The County
shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s)
purchased or the insurance company or companies used. The decision of the County to purchase such
insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract
Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance
not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to
provide the County with such renewal certificate(s) shall be considered justification for the County to
terminate any and all contracts.
2. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of the
successful vendor.
3. Additional Items and /or Services
During the contract term, Collier County reserves the right to add related items and /or services upon
negotiation of a satisfactory price by the Project Manager and Vendor.
4. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly responsible
for NA% or more of the solicitation amount for said work.
5. County's Right to Inspect
The County or its authorized Agent shall have the right to inspect the Vendor's facilities /project site
during and after each work assignment the Vendor is performing.
6. Additional Terms and Conditions of Contract
Collier County has developed standard contracts /agreements, approved by the Board of County
Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract
within twenty one (21) days of Notice of Selection for Award.
The County reserves the right to include in any contract document such terms and conditions, as it
deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract
is available upon request. The County will not be obligated to sign any contracts, maintenance and /or
service agreements or other documents provided by the Vendor.
7. Site Inspection
If services to be provided involve or are related to a physical site(s), including, but not limited to:
design services for construction, physical monitoring, environmental studies, inspections or other
similar activities, prior to submission of proposal, proposers shall visit the site(s) with the County
project manager to become familiar with local conditions that may in any manner affect
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performance of the Work. This site visit shall be documented in writing by the prc,9/11/2012 Item 11.E.
by the County project manager; this documentation shall be submitted with the proposal. The
proposal will be deemed non - responsive if the site visit documentation is not presented to the
County in the proposer's submitted proposal materials. Upon award of the contract, subsequent
site visits shall be at intervals appropriate to the stage of the project, as determined by the County
project manager.
No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may
be encountered in the execution of the Work pursuant to this Agreement as a result of failure to
make the necessary examinations and investigations shall be accepted as an excuse for any failure
or omission on the part of the awarded proposer, nor shall they be accepted as a basis for any
claims whatsoever for extra compensation or for an extension of time.
9. Payment Method
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter
218, Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Collier County, in its sole discretion, will determine the method of payment for goods and /or services as
part of this agreement.
Payment methods include:
• Traditional — payment by check, wire transfer or other cash equivalent.
• Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by
standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for
VISA Merchants and MasterCard Merchant Rules.
Collier County cautions vendors to consider both methods of payment when determining pricing as no
additional surcharges or fees will be considered (per Rules for VISA Merchants and MasterCard
Merchant Rules). The County will entertain bids clearly stating pricing for standard payment methods. An
additional separate discounted price for traditional payments may be provided at the initial bid submittal if
it is clearly marked as an "Additional Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests shall be
submitted to the Project Manager on a monthly basis by the Vendor for services rendered for that prior
month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment
without prior approval from the Project manager. All invoices must be submitted within the fiscal year
the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after
the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized
by the Project Manager.
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Payments will be made for articles and /or services furnished, delivered, and accE,g/11/2012 Item 11.E.
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or other
fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts,
the County reserves the right to off -set the amount owed to the County by applying the amount owed to
the vendor or contractor for services performed of for materials delivered in association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance
with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
Collier County reserves the right to withhold and /or reduce an appropriate amount of any payment for
work not performed or for unsatisfactory performance of Contractual requirements.
10. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply with all
Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational
Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be
responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or
damage to any persons or property within and around the work site. All firewall penetrations must be
protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County facility,
property and /or right -of -way for the purpose of inspection of any Vendor's work operations. This
provision is non - negotiable by any department and /or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination
and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
11. Licenses
The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other
authorizations necessary to carry out and perform the work required by the project pursuant to all
applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind.
Additionally, copies of the required licenses must be submitted with the proposal response
indicating that the entity proposing, as well as the team assigned to the County account, is
properly licensed to perform the activities or work included in the contract documents. Failure on
the part of any Vendor to submit the required documentation may be grounds to deem Vendor
non - responsive. A Vendor, with an office within Collier County is also required to have an occupational
license.
All State Certified contractors who may need to pull Collier County permits or call in inspections must
complete a Collier County Contractor License registration form and submit the required fee. After
registering the license /registration will need to be renewed thereafter to remain "active" in Collier County
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9/11/2012 Item 11.E.
If you have questions regarding professional licenses contact the Contractor Lice. I _ _ _ .
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
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rims or as art of a partnership or joint venture as a rims that legal entity r. 9/11/2012 Item 11.E.
primary P p P 1 primary, 9 Y - - - - - - - - - --
consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this
requirement will be deemed non - responsive and rejected from further consideration.
18. Protest Procedures
Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former,
shall file a written protest with the Purchasing Director rior to the due date for acceptance of proposals.
All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time
on the final published date for the acceptance of the Request for Proposals.
The Board of County Commissioners will make award of contract in public session. Award
recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and
Thursdays. Any actual or prospective respondent who desires to formally protest the recommended
contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar
days (excluding weekends and County holidays) of the date that the recommended award is posted.
Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be
given instructions as to the form and content requirements of the formal protest. A copy of the "Protest
Policy" is available at the office of the Purchasing Director.
19. Public Entity Crime
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies on
leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact business with
any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted vendor list.
20. Security and Background Checks
If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department, and drug testing for all employees that
shall provide services to the County under this Agreement. This may include, but not be limited to,
checking federal, state and local law enforcement records, including a state and FBI fingerprint check,
credit reports, education, residence and employment verifications and other related records. Contractor
shall be required to maintain records on each employee and make them available to the County for at
least four (4) years.
21. Conflict of Interest
Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document.
Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in
and of itself disqualify a firm from consideration. These disclosures are intended to identify and or
preclude conflict of interest situations during contract selection and execution.
22. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311.
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Violation of this provision may result in one or more of the following consequencE 911/2012 Item 1 1.E. /
individual, firm, and /or any employee of the firm from contact with County staff for a specified period of
time; b. Prohibition by the individual and /or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate
termination of any contract held by the individual and /or firm for cause.
23. Immigration Law Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United States
and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based
means of verifying employment eligibility of workers in the United States; it is not a substitute for any
other employment eligibility verification requirements. The program will be used for Collier County formal
Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction
services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of
their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence
consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully
executed E- Verify Memorandum of Understanding for the company. Vendors are also required to
provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with
the E- Verify Program. The affidavit is attached to the solicitation documents. If the 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 seq. and regulations relating thereto, as either may be amended and with
the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws
referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and
the County shall have the discretion to unilaterally terminate said agreement immediately.
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+ 9/11/2012 Item 11.E.
er County
kdrrdnistrahve SerAces DMsion
achasing
Attachment 1: Vendor's Non - Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise
and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not
wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the
reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page,
or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.
We are not responding to CCNA Solicitation #11 -5782 Wastewater Basin Analyses for the following
reason(s):
❑ Services requested not available through our company.
❑ Our firm could not meet specifications /scope of work.
❑ Specifications /scope of work not clearly understood or applicable (too vague, rigid, etc.)
❑ Project is too small.
❑ Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address:
❑ Other reason(s):
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name:
Date
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9/11/2012 Item 11.E.
Coley County
AdrrinistraNe Services DMsion
Purchasing
Attachment 2: Vendor Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and
return with your Proposal.
Vendor should check off each of the following items as the necessary action is completed:
❑ The Proposal has been signed.
❑ All applicable forms have been signed and included, along with licenses to complete the requirements
of the project.
❑ Any addenda have been signed and included.
❑ The mailing envelope has been addressed to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Nicole Parker, Procurement Strategist
CCNA Solicitation: #11 -5782 Wastewater Basin Analyses
❑ The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due
Date.
❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date
and time. (Otherwise Proposal cannot be considered.)
ALL COURIER - DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name:
Date
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9/11/2012 Item 11.E.
c0 tr co -�tnty
Adm nistratwe Services W ion
Purchasing
Attachment 3: Conflict of Interest Affidavit
By the signature below, the firm (employees, officers and /or agents) certifies, and hereby discloses, that, to
the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned
interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work;
and bear on whether the firm (employees, officers and /or agents) has a possible conflict have been fully
disclosed.
Additionally, the firm (employees, officers and /or agents) agrees to immediately notify in writing the
Purchasing /General Services Director, or designee, if any actual or potential conflict of interest arises during
the contract and /or project duration.
Firm:
Signature and Date:
Print Name
Title of Signatory
State of _
County of _
SUBSCRIBED AND SWORN to before me this
20 ,
by
Notary Public
day of
, who is personally known to me to be the
for the Firm, OR who produced the following identification
My Commission Expires
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9/11/2012 Item 11.E.
eer County
AcIrrimistfative SeMcties Division
Purchasing
Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: CCNA Solicitation: #11 -5782 Wastewater Basin Analyses
Dear Commissioners:
The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any
other person and this proposal is in every respect fair and made in good faith, without collusion or fraud.
The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of
establishing a formal contractual relationship between the firm and Collier County, for the performance of all
requirements to which the proposal pertains. The Vendor states that the proposal is based upon the
proposal documents listed by CCNA Solicitation: #11 -5782 Wastewater Basin Analyses.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
201_ in the County of , in the State of
Firm's Legal Name:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document
Number
Federal Tax Identification
Number
Telephone:
FAX:
Signature by:
(Typed and written)
Title:
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Additional Contact Information 9/11/2012 Item 11.E.
Send payments to:
(required if different from above) Company name used as payee
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
FAX:
Email:
Office servicing Collier
County to place orders
(required if different from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
Email:
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9/11/2012 Item 11.E.
Go e! r County
Adrr46istrab, e Semoes zDNision
r- urchasing
Attachment 5: Immigration Affidavit Certification
CCNA Solicitation: #11 -5782 Wastewater Basin Analyses
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to
enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the
vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company
Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to
include this Affidavit and acceptable evidence of enrollment in the E- 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
Signature
State of
County of
Title
Date
The foregoing instrument was signed and acknowledged before me this day of
20_, by
who has produced
(Print or Type Name)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number /Expiration
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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C 9/11/2012 Item 11.E.
cser County
Admnismti -- Services Oi -ostan
- urrhasfto
Attachment 6: Vendor Substitute W — 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address
State
Telephone FAX
Order Information
Address
City State
FAX
Email
Zip
2. Company Status (check only one)
City
Zip
Email
Remit / Payment Information
Address
City State
FAX
Email
Zip
_Individual / Sole Proprietor
Corporation
_Partnership
_Tax Exempt (Federal income tax - exempt entity
_ Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c) 3)
Enter the tax classification
(D = Disregarded Entity, C = Corporation, P = Partnership)
3. Taxpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN)
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification: Under penalties of perjury, 1 certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
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9/11/2012 Item 11.E.
cofnr County
Administrative Services Nisian
Purhasimg
Attachment 7: Insurance and Bonding Requirements
Insurance / Bond Type
Required Limits
1. ® Worker's
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation
Statutory Limits and Requirements
2. ® Employer's Liability
$1,000,000single limit per occurrence
3. ® Commercial General
Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current
$1.000,000single limit per occurrence
ISO form
4. ® Indemnification
To the maximum extent permitted by Florida law, the
ContractorNendor /Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor /Vendor /Consultant or anyone
employed or utilized by the ContractorNendor /Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence
of Collier County.
4. ® Automobile Liability
$ 1,000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned /Non- owned /Hired; Automobile Included
5. ® Other insurance as
❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
RFP:11 -5782
RFP CCNA Template-06012011
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution
Per Occurrence
® Professional Liability $1,000,000 Per Occurrence
• $ 500,000 each claim and in the aggregate
• $1,000,000 each claim and in the aggregate
• $2,000,000 each claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
Packet Page -1282-
42
9/11/2012 Item 11. E.
❑ Valuable Papers Insurance $ Per Occurrence
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A -" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Vendor shall provide County with certificates of insurance meeting the required
insurance provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR Collier County Government, OR Collier County.
11. ® Thirty (30) Days Cancellation Notice required.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be
required within five (5) days of the award of this solicitation.
Name of Firm
Vendor Signature
Print Name
Insurance Agency
Agent Name
RFP: 11 -5782
RFP CCNA Template-06012011
Packet Page -1283-
Date
Telephone Number
43
Co ter C€n4nty
Adn,ni n—We 5euces;- vision
Purchasing
Attachment 8: Reference Questionnaire
Solicitation: 11 -5782 Wastewater Basin Analyses
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name:
(Evaluator completing reference questionnaire)
Email:
FAX:
9/11/2012 Item 11.E.
Company:
(Evaluator's Company completing reference)
Telephone:
Collier County is implementing a process that collects reference information on firms and their key personnel to be used in
the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a
client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of
your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm /individual
again) and 1 representing that you were very unsatisfied (and would never hire the firm /indivdival again). If you do not
have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0."
Project Description:
Project Budget:
Change Orders - Dollars Added :
Completion Date:
Project Number of Days:
Change Orders - Days Added:
Item
Citeria
Score
1
Ability to manage the project costs (minimize change orders to scope).
2
Ability to maintain project schedule (complete on -time or early).
3
Quality of work.
4
Quality of consultative advice provided on the project.
5
Professionalism and ability to manage personnel.
6
Close out project process (final product turnover; invoices; manuals or going
forward documentation, etc.)
7
Ability to verbally communicate and document information clearly and succinctly.
8
Abiltity to manage risks and unexpected project circumstances.
9
Ability to follow County policies, procedures, rules, regulations, etc.
10
Overall comfort level with hiring the company in the future (customer satisfaction).
TOTAL SCORE OF ALL ITEMS
Please FAX this completed survey to:
RFP: 11 -5782
RFP CCNA Template_06012011
Packet Page -1284-
By
44
9/11/2012 Item 11.E.
Contract #11 -5782
Wastewater Basin Analyses (Basin 3)
PROFESSIONAL SERVICES AGREEMENT
For
BASIN #3
Master Pump Station (MPS) Basin 306 - Bayshore, consisting of basins 303, 304 and 306 (Bayshore
Drive and Thomasson Drive); (Area South of US 41, and East of the Gordon River, excluding the City
of Naples Wastewater Service Area)
THIS AGREEMENT is made and entered into this day of , 2012 by
and between the Board of County Commissioners for Collier County, Florida, a political subdivision of
the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER ") and AECOM Technical
Services, Inc., authorized to do business in the State of Florida, whose business address is 4415
Metro Parkway, Suite 404 Ft. Myers, FL. 33916 (hereinafter referred to as the "CONSULTANT ").
WIT NESS ETH:
WHEREAS, the OWNER desires to obtain the professional Engineering Consulting
Services of the CONSULTANT concerning Wastewater Basin Analyses (Basin 3) (hereinafter
referred to as the "Project "), said services being more fully described in Schedule A, "Scope of
Services ", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and
WHEREAS, the CONSULTANT represents that it has expertise in the type of professional
services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
Page 1
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9/11/2012 Item 11.E.
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Engineering Consulting Services
(Basin 3) in all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of
Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the
OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation ",
which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all
such licenses as are required to do business in the State of Florida and in Collier County, Florida,
including, but not limited to, all licenses required by the respective state boards and other
governmental agencies responsible for regulating and licensing the professional services to be
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 Lennart J. Lindahl, P.E., a qualified licensed professional to serve
as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The
Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect
to directing, coordinating and administering all aspects of the services to be provided and performed
under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the
CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees
that the Project Coordinator shall devote whatever time is required to satisfactorily manage the
services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator
Page 2
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9/11/2012 Item 11. E.
shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval,
and if so removed must be immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from
Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or
retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any
such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform
services or work pursuant to the requirements of this Agreement, said request may be made with or
without cause. Any personnel so removed must be immediately replaced with a person acceptable to
OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional
services that will be performed pursuant to this Agreement and has extensive experience with
projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be
provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and
approval and shall be in accordance with the generally accepted standards of professional practice in
the State of Florida, as well as in accordance with all applicable laws, statutes, including the Local
Government Prompt Payment Act (218.735 and 218.76 F.S.) as amended in the 2010 legislative
session, ordinances, codes, rules, regulations and requirements of any governmental agencies,
including the Florida Building Code where applicable, which regulate or have jurisdiction over the
Project or the services to be provided and performed by CONSULTANT hereunder. In the event of
any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and
utilize its best professional judgment to advise OWNER regarding resolution of each such conflict.
OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to
deliver complete and accurate documents necessary for successful construction of the Project.
1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amounts for
the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and /or deficient documents, failure to comply with local, state and /or
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federal requirements and /or codes and ordinances applicable to Consultant's performance of the
work as related to the project. This list is not deemed to be all- inclusive, and the County reserves
the right to make sole determination regarding deductions. After notification of deficiency, if the
Consultant fails to correct the deficiency within the specified timeframe, these funds would be
forfeited by the Consultant. The County may also deduct or charge the Consultant for services
and /or items necessary to correct the deficiencies directly related to the Consultant's non-
performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper performance of
the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings
where such information has been properly subpoenaed, any non - public information concerning the
services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its
Employees, agents, subconsultants and subcontractors to comply with the provisions of this
paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be
submitted in an AutoCAD Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida
State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference
specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter
Sections are also acceptable), or when implemented, derived from the RTK (Real -Time Kinematic)
GPS Network as provided by OWNER. Information layers shall have common naming conventions
(i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement - EOP, etc), and adhere to industry
standard CAD specifications.
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ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT shall
furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed
upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment
authorizing those Additional Services. With respect to the individuals with authority to authorize
Additional Services under this Agreement, such authority will be as established in OWNER'S
Purchasing Policy and Administrative Procedures in effect at the time such services are authorized.
These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an
emergency endangering life or property, any Additional Services must be approved in writing via an
Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the
costs of Additional Services commenced without such express prior written approval. Failure to
obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by
CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work
is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If
OWNER determines that a change in the Agreement is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment shall be issued to document the
consequences of the changes or variations, provided that CONSULTANT has delivered written notice
to OWNER of the emergency within forty -eight (48) hours from when CONSULTANT knew or should
have known of its occurrence. Failure to provide the forty -eight (48) hour written notice noted above,
waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation
or time of performance under this Agreement. The following services, if not otherwise specified in
Schedule A as part of Basic Services, shall be Additional Services:
2.1. Preparation of applications and supporting documents (except those already to be furnished
under this Agreement) for private or governmental grants, loans, bond issues or advances in
connection with the Project.
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2.2. Services resulting from significant changes in the general scope, extent or character of the
Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or
character of construction; and revising studies, reports, design documents or Contract Documents
previously accepted by OWNER when such revisions are required by changes in laws, rules,
regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior
to the preparation of such studies, reports or documents, or are due to any other causes beyond
CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
2.4 Investigations and studies involving detailed consideration of operations, maintenance and
overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate
schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in
obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other than the
Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for
herein.
2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or
other legal or administrative proceeding, involving the Project (except for assistance in consultations
which are included as part of the Basic Services to be provided herein).
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2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise
provided for in this Agreement or not customarily furnished in Collier County as part of the Basic
Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative
with respect to the services to be rendered under this Agreement (hereinafter referred to as the
"Project Manager'). The Project Manager shall have authority to transmit instructions, receive
information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S
services for the Project. However, the Project Manager is not authorized to issue any verbal or
written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to
have the effect, of modifying or changing in any way whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in
accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to OWNER's
requirements for the Project, including design objectives and constraints, space,
capacity and performance requirements, flexibility and expandability, and any
budgetary limitations;
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(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S possession
pertinent to the Project, including existing drawings, specifications, shop drawings,
product literature, previous reports and any other data relative to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the Project
site to perform the services to be provided by CONSULTANT under this Agreement;
and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the
OWNER with respect to the services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of
this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the
Project and shall be performed and completed in accordance with Schedule C, attached hereto and
made a part hereof. Time is of the essence with respect to the performance of this Agreement. The
term of this contract shall be for sixty (60) days following the final acceptance of the construction
project associated with this agreement and no longer than six (6) years, unless with prior approval by
the Board of County Commissioners.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services
as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault
or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of
the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then
CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of
such delay, stating the specific cause or causes thereof, or be deemed to have waived any right
which CONSULTANT may have had to request a time extension for that specific delay.
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4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER
may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise
to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy
against OWNER will be the right to seek an extension of time to its schedule provided, however, the
granting of any such time extension shall not be a condition precedent to the aforementioned "No
Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as
well as claims based on late completion. Provided, however, if through no fault or neglect of
CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar
days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that
have not yet been performed, to reflect the incremental increase in costs experienced by
CONSULTANT, if any, as a result of such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any
and all payments due and owing to the CONSULTANT until such time as the CONSULTANT
resumes performance of its obligations hereunder in such a manner so as to reasonably establish to
the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on
schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing
Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a
waiver of any right or claim OWNER may have against CONSULTANT for delay or any other
damages hereunder.
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ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for services
rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of
Compensation ", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT
shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings,
plans, AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than
working papers, prepared or developed by or for CONSULTANT under this Agreement ( "Project
Documents "). OWNER shall specify whether the originals or copies of such Project Documents are
to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated
with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain
copies of the Project Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to
pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT
warrants to OWNER that it has full right and authority to grant this license to OWNER. Further,
CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project
following CONSULTANT'S termination for any reason or to perform additions to or remodeling,
replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be
making Project Documents available for review and information to various third parties and hereby
consents to such use by OWNER.
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7.1. CONSULTANT will keep adequate records and supporting documentation which concern or
reflect its services hereunder. The records and documentation will be retained by CONSULTANT for
a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the
Project is completed, whichever is later, or such later date as may be required by law. OWNER, or
any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to
audit, inspect and copy all such records and documentation as often as they deem necessary during
the period of this Agreement and during the five (5) year period noted above, or such later date as
may be required by law; provided, however, such activity shall be conducted only during normal
business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold
harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by
the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone
employed or utilized by the CONSULTANT in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described in this
paragraph 8.1.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement.
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9.2 All insurance shall be from responsible companies duly authorized to do business in the State of
Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by
CONSULTANT to meet the requirements of this Agreement shall name Collier
County Government, Collier County, Florida, as an additional insured as to the
operations of CONSULTANT under this Agreement and shall contain a
severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse
against OWNER for payment of premiums or assessments for any deductibles
which all are at the sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or
self- insurance program carried by OWNER applicable to this Project, and the
"Other Insurance" provisions of any policies obtained by CONSULTANT shall
not apply to any insurance or self- insurance program carried by OWNER
applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work performed on
behalf of Collier County.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and
shall be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for
damages covered by insurance to the extent insurance proceeds are paid and received by
OWNER, except such rights as they may have to the proceeds of such insurance held by any
of them.
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9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required
hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the appropriate
insurance business in the State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial
rating of "Class VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff,
unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of
the services of any other person or firm by CONSULTANT, as independent consultant or otherwise,
shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall,
however, be construed as constituting an agreement between the OWNER and any such other
person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third
party any claim or right of action against the OWNER beyond such as may then otherwise exist
without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the
Project to perform the Services required hereunder. Such personnel shall be committed to this
Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified
each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel,
subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without
OWNER'S prior written consent.
10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors.
By appropriate written agreement, the CONSULTANT shall require each subconsultant or
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subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to
be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the
CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement,
assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and
protect the rights of the OWNER under this Agreement with respect to the Services to be performed
by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not
prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or
subcontractor to enter into similar agreements with its sub - subconsultants or sub - subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each
contract entered into between CONSULTANT and each subconsultant or subcontractor, however
nothing in this Agreement shall be construed to create any contractual relationship between OWNER
and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's
discretion, they are assignable to OWNER upon any termination of this Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of this
Agreement or otherwise related to the Project, and except those previously made in writing in
accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the
time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by
OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
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12.1. CONSULTANT shall be considered in material default of this Agreement and such default will
be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth
in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under
the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S
failure to properly and timely perform the services to be provided hereunder or as directed by
OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by
CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S
failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S
failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just
cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the
CONSULTANT seven (7) calendar days written notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is
determined for any reason that CONSULTANT was not in default, or that its default was excusable, or
that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in
paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to
be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies
against OWNER shall be the same as and be limited to those afforded CONSULTANT under
paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause
upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for
convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee
earned through the date of termination, together with any retainage withheld and any costs
reasonably incurred by CONSULTANT that are directly attributable to the termination, but
CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but
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iot limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must
mitigate all such costs to the greatest extent reasonably possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all
original papers, records, documents, drawings, models, and other material set forth and described in
this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or
under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided
by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of
such suspension. If all or any portion of the services to be rendered hereunder are so suspended,
the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule
in accordance with the procedures set forth in Article Four herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty -
five (45) days after such payment is due or such other time as required by Florida's Prompt Payment
Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to
CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen
(14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its
performance under this Agreement until such default is cured, after giving OWNER a second fourteen
(14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If
the Services are so stopped for a period of one hundred and twenty (120) consecutive days through
no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or
employees or any other persons performing portions of the Services under contract with the
CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to
OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default
within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon
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fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover
from the Owner payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this
Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the award
or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT
agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated
herein as Schedule E, certifying that wage rates and other factual unit costs supporting the
compensation for CONSULTANT'S services to be provided under this Agreement are accurate,
complete and current at the time of the Agreement. The CONSULTANT agrees that the original
Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which
the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or
non - current wage rates and other factual unit costs. All such adjustments shall be made within one
(1) year following the end of this Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of services required
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;iereunder. CONSULTANT further represents that no persons having any such interest shall be
employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in
writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to
the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal
Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S
address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department
3327 Tamiami Trail East
Naples, FL. 34112
Attention: Director of Purchasing / General Services
Phone: 239 -252 -8407; Fax: 239 - 732 -0844
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT'S address of record:
AECOM Technical Services
4415 Metro Parkway, Suite 404
Ft. Myers, FL. 33916
Attn: Ron Cavalieri
Telephone: 239 - 278 -7996; Fax: 239- 278 -0913
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16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof
shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to
be a waiver of any other breach and shall not be construed to be a modification of the terms of this
Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement
are for the purpose of convenience only and shall not be deemed to expand, limit or change the
provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the
entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior
agreements or understandings, written or oral, relating to the matter set forth herein, and any such
prior agreements or understanding shall have no force or effect whatever on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall
survive the expiration or termination of this Agreement.
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17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall
be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
RFP #11 -5782 TERMS & CONDITIONS
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida,
and by such laws, rules and regulations of the United States as made applicable to services funded
by the United States government. Any suit or action brought by either party to this Agreement against
the other party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE NINETEEN
SECURING AGREEMENT /PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or
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,
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individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the award
or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and
deliver to OWNER the Truth -In- Negotiation Certificate identified in Article 13 and attached hereto and
made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any
sums by which OWNER determines the compensation was increased due to inaccurate, incomplete,
or noncurrent wage rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by
OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which
read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal,
or reply on a contract to provide any goods or services to a public entity; may
not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact
business with any public entity in excess of the threshold amount provided in
s. 287.017 for CATEGORY TWO for a period of 36 months following the date
of being placed on the convicted vendor list.
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such disputes
by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full
decision- making authority and by OWNER'S staff person who would make the presentation of any
settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this Agreement, the
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parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court
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.
Remainder of page intentionally left blank
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for
Engineering Consulting Services concerning Wastewater Basin Analyses (Basin 3) the day and
year first written above.
ATTEST:
Dwight E. Brock, Clerk
Bv:
Date:
Witness
Typed /Printed Name and Title
Witness
Typed /Printed Name and Title
Approved as to form and
legal sufficiency:
yQ
Scott Teach
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Bv:
Fred W. Coyle, Chairman
AECOM Technical Services, Inc.
By:
Typed /Printed Name and Title
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SCHEDULE A
SCOPE OF SERVICES
1. DESCRIPTION OF PROJECT:
1.1. The basin region is described below:
BASIN #3
Master Pump Station (MPS) Basin 306 - Bayshore, consisting of basins 303, 304 and 306 (Bayshore Drive
and Thomasson Drive); (Area South of US 41, and East of the Gordon River, excluding the City of Naples
Wastewater Service Area)
A. SCOPE OF SERVICES
The scope of work to be provided to the COUNTY is organized into five (5) Task Groups as detailed
below.
B. COUNTY RESPONSIBILITIES
1. COUNTY will attend all required meetings and provide feedback in a timely manner.
2. COUNTY will provide CONSULTANT access to the project area.
3. COUNTY will provide available as- constructed documents (including drawings, specifications, shop
drawings, etc.) for the existing facilities. The CONSULTANT may rely on this information without
further verification.
4. COUNTY will review, make comments, and approve all submittals made by CONSULTANT to the
OWNER as set forth herein. Fourteen (14) calendar days have been allocated in the schedule for
each OWNER review.
5. COUNTY will provide CONSULTANT with most current GIS shapefiles and geodatabase for existing
wastewater collection and conveyance system. COUNTY will be responsible for validity of GIS
geodatabase data.
6. COUNTY will provide CONSULTANT with most current Excel spreadsheet for existing pump
station and wet well data. COUNTY will be responsible for validity of information provided in the
spreadsheet.
7. COUNTY will provide CONSULTANT with design and permit documents associated with the planned
unit developments in the MPS 306 Basin. CONSULTANT will consider this information for projection
of future wastewater flow buildout condition.
8. COUNTY will provide CONSULTANT with a copy of the Preliminary Alignment Study for the new
force main.
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TASK DESCRIPTION
Task Group No. 1 - Project Management
Throughout the duration of the program, the Consultant will provide project management assistance
consisting of the following:
• Attend biweekly (every two weeks) progress meeting with PUD staff
• Graphics /exhibit preparation
• Progress meeting assistance
• Project management assistance
• Project management plan preparation. Project Management Plan will include project goals and
objectives, scope of work and work breakdown structure, project schedule and budget, staffing plan
with individual roles and responsibilities, document management system, contact information and
communication protocol, monitoring and reporting plan, description of deliverables and review
process plan, Quality Assurance /Quality Control (QA/QC) Plan, and Health and Safety Plan
(HASP).
• Coordinate project activities throughout the duration of the project
• Conduct project kick -off meeting
Attendance at Project Progress Meetings: The Consultant shall attend bi- weekly meetings with County
representatives, as requested by the Program Manager, throughout the program to keep the County
informed of the project progress, to make certain that the Consultant is productively conducting its
consulting services and to obtain input and direction as required for outstanding project issues. A firm
day and time will be established for all bi- weekly meetings. Meeting objectives will be to provide
progress updates, reach decisions on pertinent issues relative to the specific topics being addressed.
Progress meetings may be held with other selected Engineers in order to effectively collaborate on the
work effort associated with this program.
The Consultant shall prepare and distribute agendas and minutes for each meeting incorporating agenda
items and meeting minute corrections provided by the County. Agendas shall be submitted to the County
at least two days prior to the meeting. Draft minutes will be submitted to the County no more than three
(3) working days following each meeting; County will provide comments no more than three working days
after receipt of draft minutes.
Subtasks under this Task include::
1. Prepare Project Management Plan
2. Attend Progress Meetings, including kick -off meeting. There will be 40 progress meetings plus
the kick -off meeting.
3. Coordinate project activities throughout the duration of the project. The estimated project
duration is 80 weeks.
Task Group No. 2 -Work Plan Development
Consultant will prepare a Field Data Collection Work Plan prior for implementation of field data collection
activities. The Field Data Collection Work Plan will be completed as outlined below:
1) Review existing information and prepare field data collection work plan outline and submit to COUNTY
for review prior to holding a data collection workshop.
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2) Prepare data collection meeting agenda; attend meeting with COUNTY staff to discuss data needs
and planned data collection efforts; and prepare and distribute meeting notes.
3) Prepare draft Field Data Collection Work Plan and submit to COUNTY for review. The Field Data
Collection Work Plan will include the following:
• Introduction — purpose and objectives of field data collection
• Existing System and Operation — overview of MPS Basin 306
• Requirements for data collection, including Pump Station indirect flow monitoring, and
pressure monitoring
• Pump Station Evaluations — objective and procedure for station survey, and criteria for
physical inspections (civil, electrical and I &C, structural)
• Hydraulic Modeling — purpose, methodology for model construction, data collection
requirements
Consultant shall conduct internal QA/QC review of draft Work Plan prior to submission to the COUNTY
4) Meet with COUNTY to discuss the draft data collection work plan and receive COUNTY comments.
Prepare and distribute final field data collection work plan.
Task Group No. 3 — Preliminary Engineering
1) Determine /confirm the pump station (PS) service area (basin) for each pump station.
Consultant shall prepare a sewer shed map and shapefile delineating the sewer shed tributary to
each pump station for the MPS Basin 306 wastewater collection and conveyance system.
2) Determine existing and ultimate theoretical wastewater generation for each pump station (PS)
service area based on current land use and zoning. Estimate potential ultimate wastewater flow
generation for vacant land by assuming a practical potential zoning designation consistent with
historic rezoning trends.
Consultant shall develop existing and ultimate wastewater generation flow rates for each pump station
based on estimated population served within each sewer shed. Consultant will coordinate population
projections with the Collier County Comprehensive Planning Section to utilize existing information for
future land use and population projections. Consultant shall meet with the COUNTY and the
Comprehensive Planning Section to agree upon the data sources and parameters that will be used for
making these projections. The following information will be used in completing the theoretical and
ultimate population and flow projections:
• SCADA runtime records for all wastewater service area pump stations within the study area
that are connected to the COUNTY's Water Reclamation Facilities (WRFs)
• Historical diurnal flows to the South County WRF (SCWRF)
• Pump curves for each wastewater pump station.
• Traffic Analysis Zone (TAZ) population data for the wastewater service area
• Collier County Water and Sewer Districts population data. Population estimates are based on
Bureau of Economic and Business Research (BEBR) medium range growth through 2031
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• Level of Service Standards (LOSS). The LOSS for the NCWRF is 120 gpcd and for the
SCWRF is 100 gpcd.
• GIS files indicating current locations of wastewater pump stations and force mains, existing
roads, topography, existing and future land use, and parcel data.
Consultant shall prepare a draft Technical Memorandum summarizing the results of the existing and
ultimate wastewater flow projections. Consultant shall conduct internal QA/QC review of draft
Technical Memorandum prior to submission to the COUNTY. Meet with County staff to review draft
Technical Memorandum and, after addressing COUNTY comments prepare and submit a final
Technical Memorandum.
3) Collect the necessary information to confirm the build out flow conditions for each pump station both
public and private. Obtain, if possible, the following documents:
• FDEP permit files for each pump station to identify the original design flow
• Existing and future land use maps
• Existing zoning maps
• Existing and proposed (if known) PUDs.
• GMD or other approved wastewater pump station plans
The information described in paragraph 3 above will be provided by PUPPMD staff prior to
development of the existing and ultimate wastewater flow generation rates under Task 3.2.
4) Determine current wastewater flow generation for each pump station service area based on SCADA
information provided by COUNTY or other methods acceptable to the Consultant and COUNTY.
Consultant shall conduct indirect flow monitoring for all County -owned and private pump stations (a
total of 34 stations, not counting the 3 MPSs). The indirect flow monitoring will be accomplished by
monitoring the water surface elevation in the wet well and pump run times. The wet well elevation
data will be recorded electronically using a data logger. To accomplish this Consultant will monitor
wet well elevations for the seven (7) privately owned pump stations during a 4 week flow monitoring
period. The wet well elevations for the 27 COUNTY owned stations will be monitored for 1 week to
establish pump operating elevations. Thereafter, it is assumed that pumps will continue to operate at
these elevations. Estimated flow will be computed from monitored data. The results of the indirect
flow monitoring will be summarized in a technical memorandum, which include graphs of estimated
flow versus time for each pump station during the entire monitoring period. The COUNTY will be
responsible for providing pump run time data and to operate the system. Consultant shall also
summarize the COUNTY's SCADA data over a three (3) year period to identify peak dry and peak
wet weather flow for each of the COUNTY owned pump stations.
COUNTY will provide Consultant with direct flow monitoring data for the MPSs 303, 304 and 306.
5) Consultant shall develop a hydraulic model of the manifolded force main network for the MPS
Basin 306. The hydraulic model will be used in the assessment of pumping station hydraulics. The
hydraulic model of the wastewater pump station and force main network will be constructed using
the COUNTY's wastewater system GIS geodatabase, pump and wet well data, and pump station
operations data and analysis. CONSULTANT shall create the hydraulic model in Sewer Gems®
Sanitary, version V8i (series 3). The hydraulic model will include wet wells, pumps, and
manifolded wastewater force main network. Gravity sewers will not be included in the hydraulic
model. The model elements will be constructed with physical data (size, diameters, elevations,
wet well operating levels, and pump curves) for the pump stations described above. Boundary
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conditions will be established for points of connection to the system -wide Wastewater Collection
and Conveyance System.
To assist with model verification Consultant shall monitor pressure at six existing ARV locations in the
MPS Basin 306 force main network. Consultant shall install pressure transducers at each location
and monitor the pressure for a period of one (1) week. Consultant shall download data and provide
graphical results.
CONSULTANT shall prepare a draft hydraulic model construction Technical Memorandum . The
Technical Memorandum will include a written description of the model construction and supporting
documentation. Consultant will conduct QA/QC review and address QA/QC comments prior to
submission to the COUNTY. Submit draft Technical Memorandum to the COUNTY. The Consultant
shall meet with County staff to review draft Technical Memorandum, and, after addressing COUNTY
comments prepare and submit a final Technical Memorandum.
6) Prepare exhibits for each pump station service area illustrating the pump station service area and the
associated existing and future land use and zoning
Exhibits for each pump station service area will be included in the Pump Station Evaluation Report
prepared under Task 4.
Task Group No. 4 - Pump Station Evaluations and Reports
1) Pump Station Evaluations: Consultant will complete a pump station evaluation for only the COUNTY
owned pump stations. There are 30 COUNTY owned pump stations within MPS 306 Basin, including 3
MPSs.
a. A local knowledgeable Florida - licensed professional land surveyor or mapper shall survey
each pump station site and confirm that it is located inside a legal easement owned by or
issued to the Collier County Water Sewer District. Retain the services of a local title
research company specializing in ownership and encumbrance property reports to confirm
easement ownership. Provide a detailed survey sketch of all above ground features,
including landscaping within a 50 -ft radius from the pump station site including topography
with both 1- foot contours and intermediate spot elevations. Locate and identify above-
ground structures within 100 feet from the pump station. Deliver sketches in hard copy,
PDF and AutoCAD format.
Consultant shall also perform a subsurface utility exploration (SUE) for each pump station site to
locate underground utilities. Soft digs to confirm size and type of utility are not included. The
information obtained from the SUE will be included on the site surveys.
b. Provide legal sketches and legal descriptions of required temporary and permanent easements when
requested. Consultant shall prepare at least one (1) legal description and sketch for each COUNTY
owned pump station for a total of thirty (30).
c. Develop a pump station checklist to facilitate data collection during site visits.
d. Visit each pump station site and document the structural, electrical, civil and mechanical
conditions. Each site visit will include at a minimum, a civil (water /wastewater) engineer,
structural engineer and an electrical engineer experienced with wastewater facilities. All
engineers shall be registered professional Engineers in the state of Florida. All work
performed shall be signed and sealed by Engineers performing the work.
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e. Gather available information related to each pump station to assist with pump station
evaluation, including:
• Pump Station As -Built information
• Pump Station Operational Data including pump run times, system maps, original design data for
pump station sizing, system modifications which may have altered the pump
station flow since the original design was performed.
f. Utilize local (Collier County) knowledgeable registered land surveyors to stake out the easements
and /or property boundaries; collect and record the limits of the boundary as well as the physical
location of the existing pump station components such that the adequacy of the existing area can be
reviewed for future expansion. As part of this task, call Sunshine State One -Call System to have the
existing utilities located and to determine pipe ownership (water, irrigation quality water, gas,
electric, force mains, etc) prior to performing any field survey efforts.
g. Utilize the information from the field evaluations and the data collection stage to perform an overall
evaluation of each pump station. The field evaluations will include evaluation of pump station
components. This will include:
• An analysis of current and projected flows based on data collected
• Availability of fiber optic cable for future SCADA connections
• Available storage capacity in the pump stations collection system. This storage capacity shall
include storage within manholes and sewer mains up to the lowest manhole overflow level
• Collection System Storage Time - Determine the available response time from a pump station
failure (high level alarm) to system overflow at current and ultimate design flows
• Compliance with FEMA Flood Elevations
• Costs of potential improvements
• Electrical system components including site lighting, power feed (above- ground vs.
underground), feed size, emergency power supply and related site electrical
• Existing utilities which may be in conflict with future improvements
• Existing vegetation that would require trimming and /or removal
• Fencing /Bollards (conditions and sufficiency for future expansion)
• Flow meter and by -pass assembly (if applicable)
• Landscaping (code considerations) and irrigation
• Odor control condition, size, unit type (if applicable)
• Potential for bypass pumping
• Presence of blower system for grease management
• Pump condition and size adequacy (to meet future flows)
• Pump controls and communication including control panels, programmable logic controllers (if
present), variable frequency drives (if present), radio feed and tower location
• Pump energy efficiency
• Site access
• Site layout of proposed improvements
• Site size sufficiency
• Water and irrigation quality water service availability
• Wet well condition and sizing (to meet future flows)
• Wet well ventilation
In addition to the above, Consultant shall complete a detailed evaluation and hydraulic analysis of
MPS 306. The COUNTY plans to replace the existing MPS 306 with a new MPS located on
Thomasson Lane, west of the existing station. The evaluation will include the items listed above as
well as the following:
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• The MPS 306 will be sized to include flow diverted from MPS 302 on a temporary basis.
Normally flow is pumped from MPS 302 to the SCWRF, but in case of emergency or
system maintenance, flow could be diverted to MPS 306.
• A new force main from MPS 306 to the SCWRF. The COUNTY will provide Consultant
with results of a Preliminary Alignment Study for the new force main. Consultant shall
provide a preliminary alignment design on 22 -inch x34 -inch drawings at scale of 1 -inch =
20 feet, which shows the proposed force main alignment.
• Piping modifications at the MPS 302 to permit flow diversion from MPS 302 to MPS 306 or
to receive flow diverted from MPS 306 to MPS 302.
• Pipe arrangement at MPS 306, which will permit flow to be pumped to either MPS 302 or
to the SCWRF
• The new force main will be inter- connected to an existing force main from MPS 301. The
connection will be designed to also permit flow from MPS 301 to be conveyed to MPS 306
via the new force main. Consequently, the MPS 306 must have adequate capacity to
pump the flow from MPS 301 to the MPS 302.
2) Following completion of Pump Station Evaluation, prepare a draft "Fence to Fence" Evaluation
Report (Report) addressing Level 3 pump stations and three Master Pump Stations within the basin.
The Report will include a summary of the findings for each evaluation component listed above.
Prepare exhibits for each pump station service area illustrating the pump station service area and the
associated existing and future land use and current zoning.
Consultant will complete a Pump Station Evaluation Report for only the COUNTY owned pump
stations. There are 30 COUNTY owned pump stations within MPS 306 Basin, including 3 MPSs. The
Pump Station Evaluation Report will include a description of the recommended improvements and
proposed site plan for each pump station, except MPS 306. The improvements outlined under Task 5
will be included, unless otherwise directed by the COUNTY.
A separate Preliminary Design Report (PDR) shall be prepared for MPS 306. The MPS 306
Preliminary Design Report will include the following:
a. Introduction, including background purpose and
scope b. Description of existing facilities and existing
site plan. c. Topographic survey of new site
d. Recommended improvements, including the following
i. Proposed site plan
ii. Civil /mechanical requirements, including preliminary pump and pipe layout
iii. Odor control requirements
iv. Architectural requirements, including building floor plan and elevations. The building
will include 2 rooms, 1 for the standby power generators and 1 for the electrical and
I &C.
v. Electrical requirements, including
1. Coordination with electric utility company
2. Preliminary single line diagrams
vi. Instrumentation and control (I &C) requirements
vii. Structural requirements, slab on grade for building, and below grade poured -in -place
concrete structure for wet well
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viii. Building mechanical requirements, including air conditioning for I &C room and
ventilation for generator room.
ix. Requirement for standby power generators and diesel fuel storage
tank
x. Landscape /irrigation requirements
xi. Civil /site requirements
xii. Demolition plan for existing MPS 306
xiii. Piping modifications for MPS 302
e. Requirements for geotechnical investigation
f. Hydraulic calculations
g. Opinion of probable construction cost
h. Implementation Plan, including schedule and required permits /approvals
3) Five (5) printed copies and one electronic copy in PDF format of each draft Report will be delivered to
Collier County for review and comment. Upon completion of the COUNTY's review of each report,
meet with the COUNTY to discuss the report and any comments that the COUNTY may have.
Consultant shall conduct internal QA/QC review of draft Pump Station Evaluation Report and MPS 306
PDR prior to submission to the COUNTY. Consultant shall attend one (1) meeting to review
comments on each report.
Revise each report based on comments received from Collier County and incorporate them into the
final report for each pump station. Upon completion, four (4) signed and sealed copies of each report
shall be provided to Collier County for their use in future planning for pump station upgrades.
Task Group No. 5 — Final Design and Permitting
1) Plans and Specifications
On the basis of the accepted preliminary fence to fence layout and recommended improvements,
Consultant shall prepare final drawings and specifications, which provide the general scope,
extent and character of the work to be furnished, and performed by the Contractor. Consultant
will prepare and submit drawings and specifications at the 60 -, 90- and 100 - percent complete
stages for review and approval. An engineer's opinion of probable construction cost will
accompany each submittal.
Sixty (60), ninety (90) and one hundred (100) percent submittals will be required for all construction
contracts except for Contract 4: Force Main from MPS 306 to SCWRF and Contract 5: MPS Basin
306 Pump Station Improvements. A 60- percent submittal will not be included for these contracts.
Technical specifications will be based on the 16- Division format of the Construction Specifications
Institute (CSI) in MS Word format. In addition to technical specifications, Consultant will
coordinate with COUNTY to develop necessary General Conditions, Supplemental Conditions,
and Special Provisions Specifications will be developed specifically for the project being
constructed. Standard Collier County Specifications may be used for reference but the Consultant
shall not rely on them as a replacement for sound engineering judgment and responsibility.
Documents shall include drawings and project specifications ready for bidding, consistent with
Collier County standards.
Consultant shall prepare separate drawings and specifications (i.e. bid documents) for the following
construction contracts:
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a) Contract 1: MPS 303. The improvements for MPS 303 are anticipated to include the following:
a.
Demolition of existing building if required to meet current building codes
b.
Replace existing building and all electrical, mechanical, and I &C equipment inside the
building. New building will have 2 rooms, 1 for the standby power generator and 1 for
electrical and I &C. The electrical and I &C room will be air conditioned.
c.
New standby power generator and /or pump and fuel oil storage tank
d.
Raise pump station valve vault piping above ground. Replace all piping inside wet
well and above ground with HDPE pipe.
e.
ARV addition to above ground piping
f.
Provision for bypass piping and emergency pumping
g.
Addition of secondary containment berm to contain overflow from wet well
h.
It is assumed that the existing pumps and odor control equipment will not be replaced
i.
Consultant anticipates that plumbing and fire protection for the MPS 303 building are
not required.
b) Contract 2: MPS 304. The improvements for MPS 304 shall include the same components as
those listed above for MPS 303.
c) Contract 3: MPS 306. The improvements for MPS 306 shall include the following:
a. Demolition of existing MPS 306 upon completion of the relocated Master Pump Station
b. Construction of a new MPS 306 on a green field site located approximately 1000 feet west of
the existing MPS 306. The capacity of the new pump station is anticipated to be in the range
of 40 to 50 mgd.
c. There may be either six or eight submersible pumps in a below grade poured in place concrete
structure.
d. A new building will be provided with 2 rooms: 1 for the standby power generators and /or pumps
and 1 for the electrical and I &C. The electrical and I &C room will be air conditioned.
e. Piping modifications at MPS 302, including installation of automatic motor operated valves
and incorporated into the COUNTY's SCADA system for remote operation.
f. Gravity sewer /force main extension between existing MPS 306 to new MPS 306. Estimated
length is 1,200 feet.
g. Proposed site plan will include secondary containment, landscaping, irrigation and
stormwater drainage plan.
h. A subsurface soil investigation will be performed for the new MPS 306 site. Two borings will be
completed to a depth of 30 feet.
i. Consultant anticipates that plumbing and fire protection for the MPS 305 building are not
required.
d) Contract 4: Force Main from MPS 306 to SCWRF. The design of the new force main will be based
on the following:
a. The new force main will extend from the new MPS 306 to the SCWRF. The estimated length is
about 17,500 feet.
b. It is anticipated that the force main alignment will follow the route shown for option B in the
Collier County Force Main Extension Feasibility Study dated February 2012. Final pipe size
and material selection will be determined during design of MPS 306.
c. The COUNTY will provide Consultant with a Preliminary Alignment Study for the new force
main. The Preliminary Alignment Study will include preparation of design level topographic
survey, and location of existing utilities along the proposed route. COUNTY will provide
electronic copy of drawings in dwg format.
d. The Preliminary Alignment Study will include plans, which show the proposed horizontal
location of the force main on 1 -inch = 20 feet scale drawings. The design is anticipated to be
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30 % complete. Consultant will prepare plan and profile drawings, details and technical
specifications for the final design.
e. A field verification survey will be performed to confirm existing site conditions along the
proposed route. For budgetary purposes, Consultant has assumed that no further survey will
be required along the proposed force main alignment.
f. A subsurface soil investigation will be performed along the proposed force main alignment.
Borings will be located every 500 feet.
g. Interconnection with force main from MPS 301
h. Surge suppression analysis and recommended improvements
e) Contract 5: MPS Basin 306 Pump Station Improvements. The improvements for the MPS
Basin 306 Pump Stations are anticipated to include the following:
a. Raise pump station valve vault piping above ground. Replace all piping inside wet well
and above ground with HDPE pipe.
b. ARV addition to above ground piping
c. It is anticipated that pumping equipment will not be replaced and there will be no
electrical, structural or I &C improvements for the County owned pump stations.
d. Consultant will prepare a typical demolition plan, and pump and valve vault piping plan for
each of the County owned pump stations. A piping schedule will be prepared to provide
pipe size and elevation specifications for each pump station.
e. Design drawings will include existing site conditions plan and proposed site plan for
each pump station.
A Summary of Drawing Content for the anticipated final (issued for bidding) drawings is included in
Table 1. Consultant anticipates that a budget for design of improvements in addition to those
described above would be included in a separate Purchase Order.
Furnish copies of Contract Documents that include engineering drawings and specifications. Present
and review them in person with the County at the 60- percent and 90- percent completion stages in
the project and make appropriate changes for the pump station site.
Consultant shall Conduct QA/QC review and address QA/QC comments prior to submittal to
COUNTY. Consultant shall meet with COUNTY staff to review each draft design submittal, and, after
addressing COUNTY comments, prepare and submit final design documents.
2) Permits
a. Prepare applications for an Insubstantial Change to a Site Improvement Plan when required
from Collier County Growth Management Division and respond to requests for additional
information. Prepare all other required permit applications. Permitting fees will be paid by the
County.
An application for Site Improvement Plan will be required for MPS 306.
b. Prepare a permit application for submittal to the Florida Department of Environmental
Protection (FDEP) and provide backup documentation including drawings and
specifications for each pump station site. Respond to a request for additional information
(RAI) from the FDEP. All permit fees will be paid by the County.
Two separate permit applications will be required: 1 for MPS 306 and 1 for the force main
from MPS 306 to the SCWRF. Modification to MPSs 303 and 304, and to the county
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owned pump stations will be treated as a maintenance activity and a FDEP permit is not
required.
c. Prepare applications for working in Collier County and FDOT right of way. Permitting fees will
be paid by the County.
Consultant shall prepare an FDOT permit application for the force main from MPS 306
to the SCWRF along state highway US 41.
d. Prepare applications for SFWMD. Permitting fees will be paid by the County.
Consultant shall prepare an Environmental Restoration Permit Application for the MPS
306. An Endangered Species study and wetlands delineation investigation is not required.
The ERP will include a stormwater management plan.
3) Subsurface Soil Exploration. Consultant shall perform subsurface soil exploration for the new MPS
306 and the force main from MPS 306 to the SCWRF. The scope of services will include the following:
• Conducting Standard Penetration Test (SPT) borings and auger borings to a depth of 15
feet for the new force main. Borings will be completed one every 500 feet along the
proposed force main alignment. A total of 36 borings will be completed. The borings will
include 6 SPT borings and 30 auger borings.
• Conducting two (2) Standard Penetration Test (SPT) borings to a depth of 30 feet at the
location of the MPS 306.
A subsurface soil investigation report will be provided, which includes the results of the
subsurface soil investigation and recommendations for site preparation and foundation design.
The ground surface elevation at each boring location will be provided.
B. DELIVERABLES
All deliverables shall be furnished in MSWord or AutoCAD and Adobe pdf format. Deliverables
include:
1. Project Management Plan
2. Progress Meeting Minutes
3. Outline of Field Data Collection Work Plan
4. Five (5) hard copy sets of draft Field Data Collection Work Plan for review by COUNTY
5. Five (5) hard copy sets of final Field Data Collection Work Plan. An electronic copy on CD of the Work
Plan formatted in Word.
6. Five (5) hard copy sets of draft Existing and Theoretical Future Wastewater Flow Projections
Technical Memorandum for review by COUNTY
7. Five (5) hard copy sets of final Existing and Theoretical Future Wastewater Flow Projection Technical
Memorandum. An electronic copy on CD of the TM formatted in Word.
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8. Five (5) hard copy sets of draft Hydraulic Model Construction Technical Memorandum for review by
COUNTY
9. Five (5) hard copy sets of final Hydraulic Model Construction Technical Memorandum. An electronic
copy on CD of the TM formafted in Word.
10. Five (5) hard copy sets of draft Pump Station Evaluation Report for review by COUNTY
11. Five (5) hard copy sets of final Pump Station Evaluation Report. An electronic copy on CD of the
Reports formatted in Word.
12. Five (5) hard copy sets of draft MPS 306 Preliminary Design Report for review by COUNTY
13. Five (5) hard copy sets of final MPS 306 Preliminary Design Report. An electronic copy on CD of
the Reports formatted in Word.
14. Five (5) hard copy sets of 60% complete Contract Drawings and Technical Specifications for review
by the COUNTY.
a. Contract 1: MPS 303
b. Contract 2: MPS 304
c. Contract 3: MPS 306
15. Five (5) hard copy sets of 90% complete Contract Drawings and Technical Specifications for review
by the COUNTY
a. Contract 1: MPS 303
b. Contract 2: MPS 304
c. Contract 3: MPS 306
d. Contract 4: Force Main from MPS 306 to SCWRF
e. Contract 5: MPS Basin 306 Pump Station Improvements
16. Five (5) hard copy sets of final Contract Drawings and Technical Specifications. Provide electronic
copy of Contract Drawings and Technical Specifications on CD for competitively bidding the work.
a. Contract 1: MPS 303
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b. Contract 2: MPS 304
c. Contract 3: MPS 306
d. Contract 4: Force Main from MPS 306 to SCWRF
e. Contract 5: MPS Basin 306 Pump Station Improvements
17. Three (3) hard copy sets of signed and sealed Permit Applications and supporting documentation
18. Five (5) sets of Soil Investigation Report
19. Electronic copy of hydraulic modeling files and GIS Shapefiles on CD.
C.SUBCONSULTANTS
The following Subconsultants will be utilized on this Phase:
1. Q Grady Minor to assist in initial data gathering, perform pump station surveys, field verification
survey for force main from MPS 306 to the SCWRF, and design modifications for MPS 302
2. Johnson Engineering to perform indirect flow monitoring and pressure monitoring
3. Ardaman and Associates to perform subsurface soil exploration
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SCHEDULE B
BASIS OF COMPENSATION
TIME AND MATERIAL
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its
monthly invoice, a progress report reflecting the Project status, in terms of the total work effort
estimated to be required for the completion of the Basic Services and any then - authorized Additional
Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall
show all Service items and the percentage complete of each item.
B1.1.1 All monthly status reports and invoices shall be mailed to the attention
of Craig Pajer, Principal Project Manager at Collier County Public Utilities, 3339 Tamiami Trail
East, Suite 303, Naples, FL. 34112
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly
payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable
Expenses in accordance with the terms stated below. Provided, however, in no event shall such
compensation exceed the amounts set forth in the table below.
Task
#
Phase I Tasks
NOT TO EXCEED
AMOUNT:
1
Project Management
$147,850
2
Work Plan Development
$43,428
3
Preliminary Engineering
$180,769
4
Pump Station Evaluations and Reporting
$536,700
5
Final Design and Permitting
$961,721
TOTAL FEE Total Items 1 -5
$1,870,468
B.2.2 Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to
CONSULTANT'S personnel, with respect to this Project, including all indirect payroll related
costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the
Attachment I to this Schedule B.
B.2.3 With each monthly Application for Payment, CONSULTANT shall submit detailed time records,
and any other documentation reasonably required by OWNER, regarding CONSULTANT'S
Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER.
B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to
pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services
to be provided. The negotiated fee shall be based upon the rates specified in Attachment 1 to
this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section oft
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3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without
OWNER'S prior written approval.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and
complete amount payable to CONSULTANT for the Basic Services to be performed under the
provisions of this Agreement, and shall include the cost of all materials, equipment, supplies
and out -of- pocket expenses incurred in the performance of all such services.
B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT acknowledges and
agrees that in the event of a dispute concerning payments for Services performed under this
Agreement, CONSULTANT shall continue to perform the Services required of it under this
Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER
continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and
payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services
and Additional Services during the subject billing month. Notwithstanding anything herein to
the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees
and Reimbursable Expenses earned that month for both Basic Services and Additional
Services. Invoices shall be reasonably substantiated, identify the services rendered and must
be submitted in triplicate in a form and manner required by Owner. Additionally, the number of
the purchase order granting approval for such services shall appear on all invoices.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion
of contract. Any untimely submission of invoices beyond the specified deadline period is
subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall
be deemed of the essence with respect to the timely submission of invoices under this
agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no
signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted
on CONSULTANT'S letterhead and must include the Purchase Order Number and the Project
name and shall not be submitted more than one time monthly.
B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S billings, on
a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed
task limits set forth in the table in Section 2.1 by the percentage Owner has determined
CONSULTANT has completed such task as of that particular monthly billing.
13.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for
reimbursable expenses will be made monthly upon presentation of a detailed invoice with
supporting documentation.
B.3.5 Unless specific rates have been established in Attachment 1, attached to this Schedule B,
CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized
by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum
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markup of 5% on the fees and expenses associated with such subconsultants and
subcontractors.
B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without
mark -up by the CONSULTANT, and shall consist only of the following items:
B.3.5.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and Specifications.
B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to Project
related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by
OWNER, may include coach airfare, standard accommodations and meals, all in accordance
with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include
mileage for trips that are from /to destinations outside of Collier or Lee Counties. Such trips
within Collier and Lee Counties are expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4 Expense of overtime work requiring higher than regular rates approved in
advance and in writing by OWNER.
B.3.5.1.5 Expense of models for the County's use.
B.3.5.1.6 Other items on request and approved in writing by the OWNER.
END OF SCHEDULE B.
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Contract #11 -5782
Wastewater Basin Analyses
PROFESSIONAL SERVICES AGREEMENT
For
BASIN #1
Master Pump Station (MPS) Basin 101 - Naples Park (Gulfshore Drive and Naples Park); (Area
located North of Vanderbilt Beach Road, West of US 41 and South of 111th Street)
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 CDM Smith, Inc.,
authorized to do business in the State of Florida, whose business address is 2180 West 1St Street,
Suite 400, Ft. Myers, FL. 33901 (hereinafter referred to as the "CONSULTANT ").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Engineering Consulting
Services of the CONSULTANT concerning Wastewater Basin Analyses (Basin 1) (hereinafter
referred to as the "Project "), said services being more fully described in Schedule A, "Scope of
Services ", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and
WHEREAS, the CONSULTANT represents that it has expertise in the type of professional
services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
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ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Engineering Consulting 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 W. Kirk Martin 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 AOW
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under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the
CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees
that the Project Coordinator shall devote whatever time is required to satisfactorily manage the
services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator
shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval,
and if so removed must be immediately replaced with a person acceptable to OWNER.
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.
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OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to
deliver complete and accurate documents necessary for successful construction of the Project.
1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amounts for
the following: Tasks not completed within the expressed time frame, including required deliverables,
incomplete and /or deficient documents, failure to comply with local, state and /or federal requirements
and /or codes and ordinances applicable to Consultant's performance of the work as related to the
project. This list is not deemed to be all- inclusive, and the County reserves the right to make sole
determination regarding deductions. After notification of deficiency, if the Consultant fails to correct
the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The
County may also deduct or charge the Consultant for services and /or items necessary to correct the
deficiencies directly related to the Consultant's non - performance whether or not the County obtained
substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper performance of
the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings
where such information has been properly subpoenaed, any non - public information concerning the
services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its
employees, agents, subconsultants and subcontractors to comply with the provisions of this
paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be
submitted in an AutoCAD Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida
State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference
specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter
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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.
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
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or time of performance under this Agreement. The following services, if not otherwise specified in
Schedule A as part of Basic Services, shall be Additional Services:
2.1. Preparation of applications and supporting documents (except those already to be furnished
under this Agreement) for private or governmental grants, loans, bond issues or advances in
connection with the Project.
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' office.
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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).
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:
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(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;
(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 Schedule C, attached hereto and
made a part hereof. Time is of the essence with respect to the performance of this Agreement. The
term of this contract shall be for sixty (60) days following the final acceptance of the construction
project associated with this agreement and no longer than six (6) years, unless with prior approval by
the Board of County Commissioners.
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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.
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
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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.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for services
rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of
Compensation ", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT
shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings,
plans, AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than
working papers, prepared or developed by or for CONSULTANT under this Agreement ( "Project
Documents "). OWNER shall specify whether the originals or copies of such Project Documents are
to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated
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with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain
copies of the Project Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to
pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT
warrants to OWNER that it has full right and authority to grant this license to OWNER. Further,
CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project
following CONSULTANT'S termination for any reason or to perform additions to or remodeling,
replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be
making Project Documents available for review and information to various third parties and hereby
consents to such use by OWNER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern or
reflect its services hereunder. The records and documentation will be retained by CONSULTANT for
a minimum of 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,
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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:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by
CONSULTANT to meet the requirements of this Agreement shall name Collier
County Government, Collier County, Florida, as an additional insured as to the
operations of CONSULTANT under this Agreement and shall contain a
severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse
against OWNER for payment of premiums or assessments for any deductibles
which all are at the sole responsibility and risk of CONSULTANT.
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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.
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ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff,
unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of
the services of any other person or firm by CONSULTANT, as independent consultant or otherwise,
shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall,
however, be construed as constituting an agreement between the OWNER and any such other
person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third
party any claim or right of action against the OWNER beyond such as may then otherwise exist
without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the
Project to perform the Services required hereunder. Such personnel shall be committed to this
Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified
each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel,
subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without
OWNER'S prior written consent.
10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors.
By appropriate written agreement, the CONSULTANT shall require each subconsultant or
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
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prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or
subcontractor to enter into similar agreements with its sub- subconsultants or sub - subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each
contract entered into between CONSULTANT and each subconsultant or subcontractor, however
nothing in this Agreement shall be construed to create any contractual relationship between OWNER
and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's
discretion, they are assignable to OWNER upon any termination of this Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of this
Agreement or otherwise related to the Project, and except those previously made in writing in
accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the
time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by
OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
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
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OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by
CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S
failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S
failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just
cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the
CONSULTANT seven (7) calendar days written notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is
determined for any reason that CONSULTANT was not in default, or that its default was excusable, or
that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in
paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to
be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies
against OWNER shall be the same as and be limited to those afforded CONSULTANT under
paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause
upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for
convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee
earned through the date of termination, together with any retainage withheld and any costs
reasonably incurred by CONSULTANT that are directly attributable to the termination, but
CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but
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
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this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or
under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided
by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of
such suspension. If all or any portion of the services to be rendered hereunder are so suspended,
the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule
in accordance with the procedures set forth in Article Four herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty -
five (45) days after such payment is due or such other time as required by Florida's Prompt Payment
Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to
CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen
(14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its
performance under this Agreement until such default is cured, after giving OWNER a second fourteen
(14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If
the Services are so stopped for a period of one hundred and twenty (120) consecutive days through
no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or
employees or any other persons performing portions of the Services under contract with the
CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to
OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default
within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon
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
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13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or
person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this
Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the award
or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT
agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated
herein as Schedule E, certifying that wage rates and other factual unit costs supporting the
compensation for CONSULTANT'S services to be provided under this Agreement are accurate,
complete and current at the time of the Agreement. The CONSULTANT agrees that the original
Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which
the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or
non - current wage rates and other factual unit costs. All such adjustments shall be made within one
(1) year following the end of this Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of services required
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.
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ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to
the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal
Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S
address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department
3327 Tamiami Trail East
Naples, FL. 34112
Attention: Director of Purchasing / General Services
Phone: 239 - 252 -8407
Fax: 239 - 732 -0844
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT'S address of record:
CDM Smith, Inc.
2180 West 1 st Street, Suite 400
Ft. Myers, FL. 33901
Attn: Paul Pinault
Telephone: 239 - 938 -9600
Fax: 239 - 339 -6418
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.
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17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof
shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to
be a waiver of any other breach and shall not be construed to be a modification of the terms of this
Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement
are for the purpose of convenience only and shall not be deemed to expand, limit or change the
provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the
entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior
agreements or understandings, written or oral, relating to the matter set forth herein, and any such
prior agreements or understanding shall have no force or effect whatever on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall
survive the expiration or termination of this Agreement.
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.
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17.9 The terms and conditions of the following Schedules attached hereto are by this reference
incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSULTANTS AND
RFP # 11 -5782 TERMS AND CONDITIONS
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida,
and by such laws, rules and regulations of the United States as made applicable to services funded
by the United States government. Any suit or action brought by either party to this Agreement against
the other party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
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
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made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any
sums by which OWNER determines the compensation was increased due to inaccurate, incomplete,
or noncurrent wage rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by
OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which
read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal,
or reply on a contract to provide any goods or services to a public entity; may
not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact
business with any public entity in excess of the threshold amount provided in
s. 287.017 for CATEGORY TWO for a period of 36 months following the date
of being placed on the convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such disputes
by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full
decision - making authority and by OWNER'S staff person who would make the presentation of any
settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this Agreement, the
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
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either party fail to submit to mediation as required hereunder, the other party may obtain a court order
requiring mediation under section 44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg. and regulations
relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have the discretion
to unilaterally terminate this agreement immediately.
* * * * * * * * * * * * * * ** *Remainder of page intentionally left blank * * * * * * * * * * * * * * * * * * * * * * * **
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for
Engineering Consulting Services concerning Wastewater Basin Analyses (Basin 1) the day and
year first written above.
ATTEST:
Dwight E. Brock, Clerk
By:
Date:
Witness
Typed /Printed Name and Title
Witness
Typed /Printed Name and Title
Approved as to form and
legal sufficiency:
Scott Teach
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
By:
Fred W. Coyle, Chairman
CDM Smith, Inc.
in
Typed /Printed Name and Title
zs
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SCHEDULE A
SCOPE OF SERVICES
SCOPE OF SERVICES
1. DESCRIPTION OF PROJECT:
1.1. The basin region is described below:
Basin #1
Master Pump Station (MPS) Basin 101- Naples Park (Gulfshore Drive and Naples Park); (Area located North of Vanderbilt
Beach Road, West of US 41 and South of 111th Street)
PROJECT BACKGROUND
The Naples Park Wastewater Service Basin is primarily residential with a few commercial properties. The general
boundary of the basin is north of Vanderbilt Beach Road, south of 111th Street (Immokalee Road), between US 41
and the Gulf of Mexico. There are two large platted areas within this wastewater basin region: Naples Park and
Conner's Vanderbilt Beach Estates, from east to west, respectively. Baker Carroll Point is located in the northwest
area of the region and Vanderbilt Beach Center is located in the southwest area. Developed initially in the late
1970s, this area was an original franchise utility area.
This area is served by the Master Pump Station (MPS) 101.00. The MPS, is fenced, and includes odor control. There
are 19 County owned pump stations within this basin (not including the MPS). In addition, there are 3 private pump
stations in this basin. The private pump stations do not have flow data, so measurement of flow from them will be
estimated based on the pump curves and run times, assuming this information is available, to support the overall
basin performance. In general, pump stations are located close to residential structures. All stations (excluding the
private pump stations) have telemetry and below ground valve vaults. None of the sites have fencing (except for the
MPS); however, all panels and hatches are locked. Many of the sites do not have landscaping buffers.
The Naples Park Basin includes both gravity mains (35 miles) and force mains (7 miles). The materials of construction
for the mains include cast iron, ductile iron, polyvinyl chloride (PVC) and some unknown materials ranging in size
from 4 inches to 20 inches. Portions of this basin were relined previously. The materials of construction of the force
mains will have an impact on the methodologies selected for the physical inspection of them.
Given the proximity of Naples Park to the Gulf of Mexico and its low lying nature, the area is known to flood and
have stormwater ponding after wet weather events. The collection system in this area has had wet weather related
overflows from manholes and to a lesser degree pump stations.
SCOPE OF WORK
Following is a description of the services to be provided:
■ Task 1 - Project Progress Meetings
■ Task 2 - Determine Pump Station Service Areas
■ Task 3 - Estimate Theoretical Wastewater Flows
■ Task 4 - Determine Build Out Flow Conditions
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■ Task 5 - Determine Current Wastewater Flows and Pump Station Operation
■ Task 6 — Physical Survey of Force Mains
■ Task 7 — Pump Station Service Area Exhibits
■ Task 8 — Individual Pump Station Technical Memorandum
■ Task 9 — Pump Station Evaluations
■ Task 10 — Evaluation to Convert Force Mains to Gravity Sewers, Force main Evaluation and
Interconnect Improvements
■ Task 11— Bid documents for Pump Station, Sewer and Force Main Improvements
TASK 1- PROJECT PROGRESS MEETINGS
For budgeting purposes, the time of completion for the first phase of this project is assumed to be 52 weeks
from notice to proceed.
Bi- weekly meetings with OWNER representatives will be conducted, as requested by the Program Manager,
throughout the program to keep the OWNER informed of the project progress, to make certain that the
CONSULTANT is productively conducting its consulting services and to obtain input and direction as required for
outstanding project issues. A firm day and time will be established for all bi- weekly meetings. Meeting objectives
will be to provide progress updates and reach decisions on pertinent issues relative to the specific topics being
addressed. Progress meetings may be held with other selected engineering firms in order to effectively coordinate
the work effort associated with this program.
In addition, CONSULTANT will conduct a workshop to present initial data findings and include a session to review
the OWNER's inputs, concerns and issues for the study area. The goal of the workshop will be to avoid duplication
of effort, maximize the use of the OWNER's existing data, coordinate the data management plan, and establish and
maintain consistent standards for data management activities with the OWNER's existing efforts. The workshop will
also provide a forum to develop a consensus about design criteria, project documentation (standards and
conventions), data verification /validation, and data conversion, storage, and display.
For each meeting, the CONSULTANT will prepare and distribute an agenda and minutes incorporating agenda items
and meeting minute corrections provided by the OWNER. Agendas will be submitted to the OWNER at least two
days prior to the meeting. Draft minutes will be submitted to the OWNER no more than three (3) working days
following each meeting; OWNER will provide comments no more than three working days after receipt of draft
minutes.
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TASK 2 - DETERMINE PUMP STATION SERVICE AREAS
CONSULTANT will coordinate with the appropriate OWNER staff to collect available data pertaining to
the 20 pump stations within the wastewater basin study area. Additionally, CONSULTANT will obtain
and evaluate pertinent information for the gravity and collection system within the wastewater basin
study area.
To develop the preliminary determination of service areas, CONSULTANT will obtain and review the
following information as- available and provided by the OWNER:
• Wastewater project record drawings and as built drawings for the wastewater basin
• Information on location and amount of sanitary sewer overflows
• Information on historically flooded streets
• GIS layers for the wastewater collection system and water distribution system
■ Wastewater collection system model
■ 2008 Wastewater Master Plan Update
■ 2008 Water Master Plan Update
A determination of the service area (sub- basin) for each pump station will be made under this task
based on existing records and information. A sub -basin service area map will be generated in GIS. An
exhibit illustrating the determination of the service area for each pump station will be prepared and
provided to the OWNER.
A deliverable for this task will be a disk with the following:
• Summary table of the information review including the original design information as it pertains to
each pump station within the study area
• Available record drawings for each pump station within the study area
• Sub -basin map and applicable GIS shape files
TASK 3 - ESTIMATE THEORETICAL WASTEWATER FLOWS
CONSULTANT will determine theoretical wastewater generation for each pump station service area
based on current land use and zoning.
To develop an estimate of the theoretical wastewater generation for each pump station, the
CONSULTANT will use the information obtained under Task 2 and Task 4. The theoretical estimate will be
based on typical unit flows by development type (residential, commercial, industrial etc.). A table
summarizing the theoretical current and ultimate wastewater generation for each pump station service
area will be prepared and provided to the OWNER. The theoretical estimates for each pump station will
be incorporated into the technical memorandum for said pump station to be developed under Task 9.
TASK 4 - DETERMINE BUILD OUT FLOW CONDITIONS
The CONSULTANT will estimate potential build out /ultimate wastewater flow generation for vacant land
by assuming potential zoning designation consistent with historic rezoning trends. To develop an
estimated theoretical build out flow, all necessary information to confirm the build out flow conditions
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for each pump station, both public and private, will be provided by the OWNER and utilized. This will
include the following documents, where available:
• FDEP permit files for each lift station to identify the original design flow
• Existing and future land use maps
■ Existing zoning maps
• Existing and proposed (if known) planned unit developments (PUDs)
• Growth Management Division (GMD) or other approved wastewater pump station plans
The deliverable for this task will be an Excel spreadsheet identifying each pump station's: 1) design flow
based on residential address counts and commercial square footage, 2) estimated flow generation, and
3) build out flow.
TASK 5 -DETERMINE CURRENT WASTEWATER FLOWS AND PUMP STATION OPERATION
CONSULTANT will determine current wastewater flow generation including peak wet weather flow for
each pump station service area based on SCADA information provided by OWNER or other methods
acceptable to the CONSULTANT and the OWNER.
To evaluate the current flows and operation of each pump station, the CONSULTANT will obtain and
review the following information as- available and provided by the OWNER:
• Pump station level, flow and run time data collected through the OWNER SCADA network (limited
to last 3 years)
• Pump station power consumption based on bills from power company (limited to last 3 years)
• Collection system and pump station operation and maintenance records (limited to last 3 years)
• Customer complaint records (limited to the last 3 years)
In addition, the CONSULTANT will carry a cost for the installation of flow meters at each pump station to
determine the current wastewater flows. The flow metering effort will include temporary installation,
maintenance, and data collection of flow meters that will be completed by ADS following their scope of
work, which is included as Exhibit A. The ADS scope of work and budgeted fee includes monitoring for
two periods (one 30 day period in the 2012 dry season and one 30 day in the 2013 wet season). The ADS
work will only be performed upon approval of the OWNER.
TASK 6 — PHYSICAL SURVEY OF FORCE MAINS
The CONSULTANT will evaluate the condition of ferrous force mains located within the basin.
CONSULTANT will contract the services of a pipeline condition evaluation firm. (Note: Budget for this
subtask is based on inspecting seven locations. As- needed, additional locations will be added with the
OWNER's concurrence for an additional fee.) This task will be completed by InfraMetrix following their
scope of work included as Exhibit B.
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TASK 7 — PUMP STATION SERVICE AREA EXHIBITS
CONSULTANT will prepare exhibits for each pump station service area illustrating the pump station
service area and the associated existing and future land use and zoning. This task will be completed as
part of task 2.
TASK 8 — INDIVIDUAL PUMP STATION TECHNICAL MEMORANDUM
CONSULTANT will prepare a signed and sealed Technical Memorandum for each pump station service
area identifying:
■ The original design capacity and flow
■ Existing pump station run time information
■ Projected build out capacity and flow requirements
This task will be completed under Task 9.
TASK 9 - PUMP STATION EVALUATIONS
Subtask 9.1 - Pump Station Field Evaluation Form Development
As part of the CONSULTANT's proposal, a typical field evaluation form was provided for illustration
purposes. Work under this task includes finalization of the pump station field evaluation form and
obtaining OWNER approval prior to initiating field inspection work. The form is to include procedures for
determining the pumping rate and efficiency and sheets for recording the civil, structural, mechanical,
HVAC, electrical and instrumentation analysis results. These latter sheets will have blocks for affixing the
professional engineer's stamp and signature. There will also be jackets in the forms for insertion of hard
copies and CADD file CDs for as built, survey, easement drawings, pump data sheets and other O &M
related documents.
Subtask 9.2 - Pump Station Field Evaluations
The CONSULTANT will perform a comprehensive field analysis of Pump Stations and the MPS as listed
below pursuant to the approved pump station field evaluation form developed in TASK 9.1.
The field team will consist of a civil /mechanical engineer, structural engineer, an electrical engineer,
HVAC engineer (where applicable) and an instrumentation engineer (where applicable) all experienced
with water /wastewater facilities. All engineers will be registered professional Engineers in the State of
Florida. All field work performed will be signed and sealed by Engineers performing the work.
The pump station checklist will be used to record data collected during the site visits. Collected data will
cover, but not necessarily be limited to, items such as:
1. The structural, electrical, civil, mechanical, HVAC and instrumentation conditions. Electrical field
reviews will cover power and grounding systems, site lighting, power feed (above - ground vs.
underground), feed size, emergency power supply and related site electrical items).
2. Availability of fiber optic connections.
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9/11/2012 Item 11.E.
3. Flow meter and by -pass assemblies (where applicable).
4. Odor control condition, size and type (where applicable).
5. Potential for bypass pumping.
6. Presence of a system for grease reduction.
7. Pump controls and communication including control panels, programmable logic controllers (if
present), variable frequency drives (if present), and radio feed and tower location.
8. Pump motor energy efficiency.
9. Site access.
10. Wet well ventilation.
11. Water and irrigation quality water service availability.
The forms will be filled out for the Master Pump Station and the following Pump Stations:
• PS 101.00 (Master)
' PS 101.03
• PS 101.07
' PS 101.08
• PS 101.09
• PS 101.10
• PS 101.11
• PS 101.12
• PS 101.13
• PS 101.14
This task includes using a hydraulic model to identify pumps that may be incorrectly sized for current or
future system conditions within the manifolded subsystems within the Basin. The CONSULTANT will use
WaterGems for the model.
Subtask 9.3 - Pump Station Surveys and Easement Ownership Confirmation
The CONSULTANT will use registered land surveyors to stake out the easements and /or property
boundaries of each pump stations listed in Subtask 9.2 and to collect and record the limits of the
boundary as well as the physical location of the existing pump station components. This will provide the
information required to assess the adequacy of performing the requested improvements to the Level 3
Pump Stations and others in the list that may require upgrading.
The surveyors will utilize the services of Sunshine State One -Call System to locate and record the
location of existing utilities to determine pipe ownership (water, irrigation quality water, gas, electric,
force mains, etc.) prior to performing any field survey efforts. A key output of the survey work will be
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9/11/2012 Item 11.E.
the confirmation that the pump stations and appurtenances are fully located inside a legal easement
owned by or issued to the Collier County Water Sewer District.
The CONSULTANT will provide a detailed survey sketch for each listed pump station of all above ground
features, including landscaping within a 50 -ft radius from the pump station site including topography
with both 1 -foot contours and intermediate spot elevations. The survey sketch will also locate and
identify above - ground structures within 100 feet from the pump station.
The CONSULTANT will also provide legal sketches and legal descriptions of required temporary and
permanent easements as part of this Task if they are required.
The CONSULTANT will also incorporate the services of Conroy, Conroy, Durant & Rudnick, P.A. to assess
property ownership and recorded information regarding easements, as may be applicable. Conroy,
Conroy, Durant & Rudnick, P.A. specializes in ownership and encumbrance property reports used to
confirm easement ownership.
Subtask 9.4 - Pump Data Collection and Analysis
The CONSULTANT will review existing records on the listed Pump Stations to gather information and
documents related to the following for inclusion in each Pump Station field form:
1. Pump Station and Master Pump Station service areas (completed under Task 2).
2. Current flows based on available SCADA data and additional measured flows either entering or
leaving a pump station (completed under Task 5).
3. Pump Station As -Built information.
4. Pump Station operational data including pump run times, system maps, original design data for
Pump Station sizing, system modifications which may have altered the pump station flow since the
original design was performed.
5. Growth Management Division (GMD) approved wastewater Pump Station plans.
6. Projected flows based on data collected (Task 4).
7. Available storage capacity in each Pump Station collection system including storage within manholes
and sewer mains up to the lowest manhole overflow level (based on existing GIS).
8. Collection System Storage Time - Determine the available response time from a Pump Station failure
(high level alarm) to system overflow at current and ultimate design flows.
9. Compliance with FEMA Flood Elevations.
10. Existing utilities which may be in conflict with future improvements.
11. Existing vegetation that would require trimming and /or removal.
12. Fencing /Bollards (conditions and sufficiency for future expansion).
13. Landscaping (code considerations) and irrigation.
Subtask 9.5 - Pump Station Evaluation Memorandums
This task was included in Scope Revision No. 1, but has been removed from Scope Revision No. 2.
Subtask 9.6 - "Fence to Fence" Evaluation Report Preparation
This task was included in Scope Revision No. 1, but has been removed from Scope Revision No. 2.
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9/11/2012 Item 11.E.
TASK 10 - EVALUATION TO CONVERT FORCE MAINS TO GRAVITY SEWERS, FORCE MAIN EVALUATION
AND INTERCONNECT IMPROVEMENTS
Subtask 10.1- Gravity Sewer Interconnects Between Critical Manholes with SCADA System to
Optimize Collection System Capacity
CONSULTANT will utilize outputs from previous Tasks (e.g., high pump station wet well levels, rim
elevations, invert elevations, residential unit slab elevations, etc.) to identify critical manholes that
represent the best location between individual pump station sub - basins and at the existing east /west
divide in Basin 101 to establish manhole interconnects. Design documents will provide a typical overflow
pipe configuration with a legend and details for up to 24 interconnections. It is expected that the
interconnections will be shallow overflow pipes that will require design modifications to accommodate
buoyancy and wheel loading issues.
TABLE
10.1
Drawin s
No.
Cover and General
2
Civil: Plan and Details
10
Mechanical: Plan, Sections and Details
0
Structural: Plans, Sections and Details
0
Instrumentation
0
Electrical
0
Total Estimated Drawings
12
Subtask 10.2 - All unlined vitrified.. clay (VC) pipe and laterals lined and clean out (CO) additions (Basin
Engineer to provide CEI and as -built assistance including pre and post construction
certification)
CONSULTANT will utilize outputs from previous Tasks (e.g., GIS maps, record drawings, etc.) to confirm
the extent of existing VC pipe. This information will be used to assist OWNER in defining the scope of
work that covers the lining of wastewater service connections and the installation of service connection
cleanouts.
The specifications will also require the contractor to perform the installation of cleanouts (COs) and to
provide location coordinates for inclusion into the OWNER's GIS data base.
The Consultant will provide construction engineering and inspection services of up to 400 hours and up
to 80 hours for supporting data entry into the OWNER's GIS database and for certification.
TABLE 10.2
Drawings
No.
Cover and General
2
Civil: Plan and Details
10
Mechanical: Plan, Sections and Details
0
Structural: Plans, Sections and Details
0
Instrumentation
0
Electrical
0
Total Estimated Drawings
12
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9/11/2012 Item 11.E.
TASK 11— PRODUCTION of BID Documents for PUMP STATION, SEWER and FORCE MAIN
IMPROVEMENTS
Subtask 11.1— Pump Station Improvements
CONSULTANT will utilize outputs from previous Tasks (e.g., GIS maps, record drawings, flow projections,
etc.) to develop one set of contract documents that cover the following for all Pump Stations in Basin
101:
• Raising pump station valve vault piping above ground
• Replacing all piping inside and outside a wet well with HDPE
• Providing secondary containment
• Installing air release valves (ARV) on above ground piping
The design for the above grade piping will provide a configuration that allows for the addition of a
magnetic flow meter at a later date. Secondary containment is expected to be in the form of a man hole
type structure if additional volume beyond that of the existing valve pits is required. Odor control is
included.
TABLE 11.1
Preliminary List of Drawings (Included in Budget)
No.
Cover and General
2
Civil: Existing Site, Yard Piping, Demolition and Containment Plans and Civil
Details
18
Architectural
0
Structural: Plans, Sections and Details
4
Mechanical: Plans, Sections and Details
16
Plumbing & HVAC
0
Electrical
0
Instrumentation
0
Total Estimated Drawings
40
Subtask 11.2 - Master Pump Station Improvements
CONSULTANT will utilize outputs from previous Tasks (e.g., GIS maps, record drawings, flow projections,
etc.) to develop one set of contract documents that cover the following for the Basin 101 Master Pump
Station:
• Raising pump station valve vault piping above ground (if required)
• Replacing all piping inside and outside the wet well with HDPE (if required)
• Providing secondary containment
• Installing air release valves (ARV) on above ground piping (if required)
• Bypass pumping capability
The design for the above grade piping will provide a configuration that allows for the addition of a
magnetic flow meter at a later date unless one is already installed. Secondary containment is expected to
be in the form of a manhole type structure which will also serve as a bypass pump wet well. The
specifications are expected to include the required portable by pass pump and level control system with
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9/11/2012 Item 11.E.
the required pipe connections. The use of a manhole for bypass pumping is in lieu of a permanent
booster pump installation.
TABLE 11.2
Preliminary List of Drawings (Included in Budget)
No.
Cover and General
2
Civil: Plan, Profiles and Details
6
Architectural
o
Structural: Plans, Sections and Details
4
Mechanical: Plan, Sections and Details
6
Plumbing & HVAC
o
Electrical
3
Instrumentation
2
Total Estimated Drawings
23
Subtask 11.3 —111th Street Bridge Force Main Design
CONSULTANT will utilize outputs from previous Tasks (e.g., GIS maps, record drawings, flow projections,
etc.) to develop one set of contract documents that covers the conversion of the subaqueous crossing to
one mounted from the existing bridge. The main assumptions for this Task are that:
• The force main record drawings clearly show where the inflection elevations are for the
subaqueous crossing
• Bridge record drawings are available that detail the dimensions of the abutments and beams
• The bridge is amendable to the installation of roller supports and no penetration of beams or
cross beams is required
• There are no restricting permit issues
• There is room for the installation of an ARV (if required)
TABLE 11.3
Preliminary List of Drawings (Included in Budget)
No.
Cover and General
2
Civil: Plan, Profiles and Details
3
Architectural
o
Structural: Plans, Sections and Details
4
Mechanical: Plan, Sections and Details
5
Plumbing & HVAC
o
Electrical
o
Instrumentation
o
Total Estimated Drawings
14
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9/11/2012 Item 11.E.
Subtask 11.4 —Pump Station Rehabilitation
CONSULTANT will utilize outputs from previous Tasks (e.g., GIS maps, record drawings, flow projections,
etc.) to develop one set of contract documents that covers the rehabilitation of the following Pump
Stations:
• PS 101.03 (Old Vanderbilt Inn)
• PS 101.12
• PS 101.13
• PS 101.14
The design for the above grade piping will provide a configuration that allows for the addition of a
magnetic flow meter at a later date. Secondary containment is expected to be in the form of a manhole
type structure which will also serve as a bypass pump wet well. The specifications are expected to
include the required portable by pass pump and level control system with the require pipe connections.
The use of a man hole for bypass pumping is in lieu of a permanent booster pump installation.
TABLE 11.4
Preliminary List of Drawings (Included in Budget)
No.
Cover and General
2
Civil: Plan, Profiles and Details
6
Architectural
0
Structural: Plans, Sections and Details
6
Mechanical: Plan, Sections and Details
10
Plumbing & HVAC
2
Electrical
6
Instrumentation
3
Total Estimated Drawings
1 35
Subtask 11.5 — Creekside Boulevard to Naples Park Force Main Extension
CONSULTANT will utilize outputs from previous Tasks (e.g., GIS maps, record drawings, flow projections,
etc.) to develop one set of contract documents that covers the extension of the Creekside Boulevard
force main to the Naples park system to provide wastewater transmission flexibility (diversion of flows
from the Immokalee Road corridor for maintenance and operational flexibility). This will include sizing
Pump Station 101.12 to accept additional flows.
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9/11/2012 Item 11.E.
TABLE 11.5
Preliminary List of Drawings (Included in Budget)
No.
Cover and General
2
Civil: Plan, Profiles and Details
4
Architectural
0
Structural: Plans, Sections and Details
0
Mechanical: Plan, Sections and Details
2
Plumbing & HVAC
0
Electrical
0
Instrumentation
0
Total Estimated Drawings
8
Subtask 11.6 — Finger Street Sewer System Replacement
CONSULTANT will perform an evaluation on the existing force mains and gravity lines on the 14 "finger"
streets west of Vanderbilt Drive and prepare bid documents for their replacement. It will be determined
if the force mains located on Flamingo Avenue, Heron Avenue, Egret Avenue and Conners Avenue can be
converted to gravity mains and the pump stations abandoned.
The design documents will consist of plan and profile sheets for the 14 "finger" streets, a modified Pump
Station 101.07 and plan and profile sheets for the associated section of gravity sewer and force main
along Vanderbilt Drive. It is assumed that it will be possible to deepen Pump Station 101.7 the gravity
line serving the existing pump stations and that the existing force main from Pump station 101.07 to
Master Pump station 101.00 can be reused with only minor modifications.
TABLE 11.6
Preliminary List of Drawings (Included in Budget)
No.
Cover and General
2
Civil: Plan, Profiles and Details
20
Architectural
0
Structural: Plans, Sections and Details
0
Mechanical: Plan, Sections and Details
4
Plumbing & HVAC
0
Electrical
0
Instrumentation
0
Total Estimated Drawings
26
DATA OR COORDINATION ASSISTANCE TO BE PROVIDED BY THE OWNER
• Wastewater project record drawings and as built drawings for the wastewater basin
• Information on location and amount of sanitary sewer overflows
' Information on historically flooded streets
' GIS layers for the wastewater collection system and water distribution system
• Wastewater collection system model
• 2008 Wastewater Master Plan Update
• 2008 Water Master Plan Update
• Pump station level, flow and run time data collected through the OWNER SCADA network
• Pump station power consumption based on bills from power company
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9/11/2012 Item 11.E.
• Collection system and pump station operation and maintenance records
• Customer complaint records
Design related information requested by CONSULTANT
• Front -end documents (Division 0 /Series 0) for construction contracts and procurement
ASSUMPTIONS
The above described engineering services have been based upon the following assumptions. Should
these assumptions not bear true; the CONSULTANT may request a change order for additional
services.
1. The following assistance and information will be provided to InfraMetrix by the OWNER for the force
main inspections.
a. All permits and safe access to the specific pipelines for the inspection team to perform data
collection and pipeline evaluation.
b. Available pertinent data and finalized plans depicting the pipelines to be evaluated prior to
inspection crew mobilization.
c. BEM site excavations and any required dewatering.
d. Traffic control and costs associated with traffic control.
2. The GIS provided by the OWNER is accurate enough for the purposes of this project. Any needs to
verify collection system connectivity and accuracy of the GIS is not included in this scope of work.
3. Efforts to apply for and obtain permits are not included.
4. Downstream collection system design improvements are not included except where noted.
5. Architectural, HVAC, Plumbing, and Fire Protection design is not included.
6. Geotechnical investigations and environmental surveys are not included.
7. Designs include using existing sites only (no new locations).
8. Instrumentation designs are based on updating RTUs and tying into existing system.
9. Radio survey is not included.
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9/11/2012 Item 11.E.
SCHEDULE B
BASIS OF COMPENSATION
TIME AND MATERIAL
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progress report reflecting the Project status, in terms of the total work
effort estimated to be required for the completion of the Basic Services and any then - authorized
Additional Services, as of the last day of the subject monthly billing cycle. Among other things,
the report shall show all Service items and the percentage complete of each item.
B1.1.1 All monthly status reports and invoices shall be mailed to the attention
of Craig Pajer, Principal Project Manager at Collier County Public Utilities, 3339 Tamiami
Trail East, Suite 303, Naples, FL. 34112
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly
payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and
Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no
event shall such compensation exceed the amounts set forth in the table below.
Task
#
Phase I Tasks
NOT TO EXCEED
AMOUNT:
1
Project Progress Meetings
$ 41,520
2
Determine Pump Station Service Area
$ 26,571
3
Estimate Theoretical Wastewater Flows
$ 12,605
4
Determine Buildout Flow Conditions
$ 6,232
5
Determine Current Wastewater Flows
$310,479
6
Physical Survey of Force Mains
$ 51,408
7
Pump Station Service Area Exhibits
$0
8
Individual Pump Station Technical
Memorandum
$0
9
Pump Station Evaluations
$341,080
10
FM, Gravity Sewer and Interconnect
Improvement Bid Documents
$283,205
11
FM /PS /MPS /Sewer Improvement Bid
Documents
$866,900
TOTAL FEE (Total Items 1 -10 )
$1,940,000
B.2.2 Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid
to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll
related costs and fringe benefits, all in accordance with and not in excess of the rates set
forth in the Attachment I to this Schedule B. AAW
D -1
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9/11/2012 Item 11.E.
B.2.3 With each monthly Application for Payment, CONSULTANT shall submit detailed time
records, and any other documentation reasonably required by OWNER, regarding
CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and
approved by OWNER.
B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or
Additional Services without OWNER'S prior written approval.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out -of- pocket expenses incurred in the performance of all such
services.
B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees and Reimbursable Expenses earned that month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in triplicate in a form and manner required by
Owner. Additionally, the number of the purchase order granting approval for such
services shall appear on all invoices.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and the Project name and shall not be submitted more than one time monthly.
B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
billings, on a cumulative basis, exceed the sum determined by multiplying the applicable
D -2
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9/11/2012 Item 11.E.
not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner has
determined CONSULTANT has completed such task as of that particular monthly billing.
B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B.3.5 Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark -up
by the CONSULTANT, and shall consist only of the following items:
B.3.5.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and Specifications.
B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER. Such expenses, if
approved by OWNER, may include coach airfare, standard accommodations and meals,
all in accordance with section 112.061, F.S. Further, such expenses, if approved by
OWNER, may include mileage for trips that are from /to destinations outside of Collier or
Lee Counties. Such trips within Collier and Lee Counties are expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4 Expense of overtime work requiring higher than regular rates approved
in advance and in writing by OWNER.
B.3.5.1.5 Expense of models for the County's use.
B.3.4.1.6 Other items on request and approved in writing by the OWNER.
END OF SCHEDULE B.
D-3
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9/11/2012 Item 11.E.
ATTACHMENT 1
to Schedule B
Contract No: #11 -5782 "Wastewater Basin Analyses"
PERSONNEL CATEGORIES & HOURLY RATES
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 on a task by task
basis as needed.
D -4
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9/11/2012 Item 11.E.
SCHEDULE C
PROJECT SCHEDULE
See attachment
D -5
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9/11/2012 Item 11.E.
SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If CONSULTANT has any self- insured retentions or deductibles under any
of the below listed minimum required coverages, CONSULTANT must identify on the Certificate
of Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or
deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
polices required shall be provided to OWNER, on a timely basis, if requested by OWNER.
Should any of the policies be cancelled before the expiration thereof, notice will be delivered in
accordance with the policy provisions. Consultant shall provide notice to Owner at any time
Consultant becomes aware of any cancellation or material change in the above insurance
policies.
D -6
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9/11/2012 Item 11.E.
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 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
D -7
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9/11/2012 Item 11.E.
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
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.
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(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
Applicable _X Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
Applicable _X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? _X_ Yes No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
General Aggregate $300,000
Products /Completed Operations Aggregate .$300,000
Personal and Advertising Injury $300,000
Each Occurrence $300,000
Fire Damage $ 50,000
General Aggregate $500,000
Products /Completed Operations Aggregate $500,000
Personal and Advertising Injury $500,000
Each Occurrence $500,000
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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
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self- insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self- insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his /her designee.
(3) The OWNER, Collier County Government, shall be named as an Additional Insured
and the policy shall be endorsed that such coverage shall be primary to any similar coverage
carried by the OWNER.
claims.
(4) Coverage shall be included for explosion, collapse or underground property damage
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Applicable _X Not Applicable
(6) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Applicable _X Not Applicable
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AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? _X_ Yes No
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less
than:
Bodily Injury & Property Damage - $ 500,000
_X Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
$ 500,000 each claim and in the aggregate
$1,000,000 each claim and in the aggregate
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X_ $2,000,000 each claim and in the aggregate
$5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
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(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project- specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self- insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
C. Current deductibles /self- insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
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SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, CDM Smith, Inc. hereby certifies that wages, rates and other factual unit costs
supporting the compensation for the services of the CONSULTANT to be provided under the
Professional Services Agreement, concerning Wastewater Basin Analyses (Basin 1) are
accurate, complete and current as of the time of contracting.
CDM Smith, Inc.
TITLE:
DATE:
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SCHEDULEF
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
Phase I Services
Name Personnel Cateaory % of time
CDM Smith
Paul Pinault
Principal
10
Wayne Kimball
Principal
40
Clay Tappan
Principal
20
Marc Stonehouse
Sr. Project Manager
20
Jason Sciandra
Sr. Project Manager
25
Tim Verwey
Sr. Designer
10
Carl Frizzell
Sr. Designer
10
Marie Mahan
Designer
10
Kevin Francoforte
Engineer
15
Rebecca McLarty
Engineer
10
Wei Liu
Engineer
10
Doug Wells
Engineer
5
Linda Kraczon
Clerical
5
Stantec
Kelly Blake
Project Manager
20
Mikes Mallaikakis
Sr. Engineer
20
Ralph Verrastro
Sr. Engineer
10
Kevin Morgan
Sr. Engineer
10
Allyson Swanson
Engineer
25
Lucia Martin
Clerical
20
Surveying Services
Survey Crew
5
ADS
Flow Monitoring
15
Inframetrix
Force Main Testing
10
Conroy, Conroy, Durant
Evaluate Titles
5
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Contract #11 -5782
Wastewater Basin Analyses
PROFESSIONAL SERVICES AGREEMENT
For
BASIN #2
Master Pump Station (MPS) Basin 305 - The Glades, Consisting of basins 308 (Gateway
Triangle), 309 (Flamingo Estates, and 305 (The Glades); (Area north of US 41,West of the
Lakewood Community in the South, West of Foxfire, West of Livingston Road, South of the
Golden Gate Canal and East of the Gordon River, excluding Naples Airport)
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
Hole Montes, Inc., authorized to do business in the State of Florida, whose business address is
950 Encore Way, Naples, FL. 34110 (hereinafter referred to as the "CONSULTANT ").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Engineering Consulting
Services of the CONSULTANT concerning Wastewater Basin Analyses (Basin 2) (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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ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Engineering Consulting 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 Ronald E. Benson 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
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Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time
is required to satisfactorily manage the services to be provided and performed by the
CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT
from the Project without OWNER'S prior written approval, and if so removed must be
immediately replaced with a person acceptable to OWNER.
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.
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1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amounts
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and /or deficient documents, failure to comply with local, state and /or
federal requirements and /or codes and ordinances applicable to Consultant's performance of
the work as related to the project. This list is not deemed to be all- inclusive, and the County
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these
funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and /or items necessary to correct the deficiencies directly related to the
Consultant's non - performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non - public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD Digital Exchange File (DXF) format on a CD or DVD, drawn
in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK
(Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have
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common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement -
EOP, etc), and adhere to industry standard CAD specifications.
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:
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2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
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.
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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).
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,
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space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations;
(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
Schedule C, attached hereto and made a part hereof. Time is of the essence with respect to the
performance of this Agreement. The term of this contract shall be for sixty (60) days following
the final acceptance of the construction project associated with this agreement and no longer
than six (6) years, unless with prior approval by the Board of County Commissioners.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
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have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
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ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation ", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, AutoCAD files, specifications, maps, evaluations, reports and other
technical data, other than working papers, prepared or developed by or for CONSULTANT
under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or
copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall
be solely responsible for all costs associated with delivering to OWNER the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
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
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7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
be required by law. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and during
the five (5) year period noted above, or such later date as may be required by law; provided,
however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
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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9.3.1. All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation policy,
provided by CONSULTANT to meet the requirements of this Agreement
shall name Collier County Government, Collier County, Florida, as an
additional insured as to the operations of CONSULTANT under this
Agreement and shall contain a severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse
against OWNER for payment of premiums or assessments for any
deductibles which all are at the sole responsibility and risk of
CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any
insurance or self- insurance program carried by OWNER applicable to this
Project, and the "Other Insurance" provisions of any policies obtained by
CONSULTANT shall not apply to any insurance or self- insurance program
carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work
performed on behalf of Collier County.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida,
and shall be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and
received by OWNER, except such rights as they may have to the proceeds of such
insurance held by any of them.
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9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the appropriate
insurance business in the State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial
rating of "Class VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
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
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subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub- subconsultants or sub - subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
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ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANTSs 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
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OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty -five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
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receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto
and incorporated herein as Schedule E. certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT'S services to be provided under this
Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no. interest,
either direct or indirect, which would conflict in any manner with the performance of services
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required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT
to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department
3327 Tamiami Trail East
Naples, FL. 34112
Attention: Director of Purchasing / General Services
Phone: 239 - 252 -8407
Fax: 239 - 732 -0844
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT'S address of record:
Hole Montes, Inc.
950 Encore Way
Naples, FL. 34110
Attn: Ronald E. Benson
Telephone: 239- 254 -2000
Fax: 239 - 254 -2096
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.
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ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
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17.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
RFP # 11 -5782 TERMS AND CONDITIONS
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
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
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executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with
any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision - making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the 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
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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.
Remainder of page intentionally left blank.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Engineering Consulting Services concerning Wastewater Basin Analyses
(Basin 2) the day and year first written above.
- ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Dwight E. Brock, Clerk
Date:
Witness
Typed /Printed Name and Title
Witness
Typed /Printed Name and Title
Approved as to form and
legal sufficiency:
qR
Scott Teach
Deputy County Attorney
By:
Fred W. Coyle, Chairman
HOLE MONTES, INC.
Typed /Printed Name and Title
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SCHEDULE A
SCOPE OF SERVICES
SCOPE OF SERVICES
1. DESCRIPTION OF PROJECT:
1.1. The basin region is described below:
BASIN #2
Master Pump Station (MPS) Basin 305 - The Glades, Consisting of basins 308 (Gateway Triangle), 309
(Flamingo Estates, and 305 (The Glades); (Area north of US 41,West of the Lakewood Community in the
South, West of Foxfire, West of Livingston Road, South of the Golden Gate Canal and East of the
Gordon River, excluding Naples Airport)
Basin 305 Phase 1 Program
Scope of Work
PUMP STATION REHABILITATION [There are 62 pump station in this basin]
1.1. All pump stations in the basin will be inspected, photographs taken, and measurements
made. Observe wet well top of slab elevation to determine if it should be raised due to
potential flooding.
1.2. Perform a topographic and easement boundary survey for each pump station site
1.3. Subsurface utility exploration of electrical conduits and underground piping
(SUE).
1.4. Based on the specific situations at each of these pumps stations, develop a series of details
which will cover the various situations observed and requirements necessary to replace
discharge piping which is currently in valve vaults to above ground configuration, replace piping
inside and outside the wet well with HDPE pipe, add ARV to above ground piping. Details for
various safety and pipe protection necessary will be included to accommodate the range of
conditions for the various pump stations.
1.5. No Design Report will be prepared. Instead a preliminary set of specifications and drawings
will be submitted for review.
1.6. Prepare a set of specifications and drawings (possibly in 8.5 x 11 inch format) which will
allow bidding the rehabilitation work for each pump station. Drawings will consist of a
location map, photographs of each pump station
showing the areas which will require rehabilitation, identify which details will be applicable to
which pump station.
1.7. Assist Collier County with bidding and selection of construction contractor.
1.8. We have excluded review of the pumps and flow conditions. Electrical design is limited to
changes necessitated by the proposed piping changes.
2. GRAVITY SEWER INTERCONNECTIONS
2.1. Review the GIS mapping for the collection system and identify locations for further
consideration of gravity sewer interconnects. Interconnects would likely be at locations where
gravity sewers are in fairly close proximity although are on different hydraulic flow paths, or are
in locations where a pump station raises the hydraulic grade on a common hydraulic flow path.
The concept will be that in the event of a pump station failure that prior to overflow of sewage
unto the road or into a roadside swale that the liquid would be contained and overflow to
another manhole and enter another gravity sewer system first.
2.2. Those manholes which would be targeted will then be reviewed in more detail using Record
Drawings and physical inspections.
2.3. Develop a limited number of standard details that will allow implementation of interconnects
between manholes.
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2.4. Perform limited field surveying at each manhole in order to verify the top of rim elevation and
inverts and pipe diameters for all incoming and exiting pipelines.
2.5. A Design Report will be prepared identifying the opportunities for gravity sewer interconnections.
2.6. Prepare a set of specifications and drawings (possibly in 8.5 x 11 inch format) which will allow
bidding the gravity interconnections. Drawings will consist of a location map, photographs of
each manhole showing the areas surrounding the manholes, identify which details will be
applicable to which manholes, and plan and profile drawing for each interconnect. Standard
details will be prepared for installation of level indicators /transmitters in each manhole or at
pump stations as well as SCADA panels. Site plan of the area surrounding each manhole will
be prepared to identify the location for the SCADA panels and general routing for conduit and
cable.
2.7. Assist Collier County with bidding and selection of construction contractor.
2.8. Time spent on this task will be as directed by the County and that if additional time is
required, an amendment to the work authorization will be made.
3, REHABILITATION OF CLAY PIPE AND LATERALS
3.1. Engineer will assist Collier County Collections in their development of a program to line or
replace substandard gravity sewer lines and laterals. In addition, Consultant will assist
Collier County Collections in identification of those areas where clean -outs need to be
replaced. Engineer will prepare documentation of pre- construction conditions, will provide
CEI services during construction, will provide documentation of post - construction conditions,
and will prepare Record drawings.
3.2. Time spent on this task will be as directed by the County and that if additional time is
required, an amendment to the work authorization will be made.
4. BYPASS PIPING /PUMPING
4.1. A review of hydraulic conditions within each portion of the force main system will be
performed using GIS information. Those areas where it will be possible to install bypass lines
around pump stations which otherwise re -pump sewage will be investigated. This will include
as a minimum new bypass piping at each Master Pump Station. Bypasses at Master Pump
Stations will include valving and connections which will allow possible installation of diesel
driven pumps to activate the bypass during an emergency.
4.2. A Design Report will be prepared identifying the opportunities for adding bypass piping
installations.
4.3. Prepare a set of specifications and drawings (possibly in 11 x 17 inch format) which will allow
bidding the bypass pipelines assemblies. Drawings will consist of a location map, photographs
showing the areas in the vicinity of where bypasses will be installed, identify which details will
be applicable to which situation, and plan and profile drawing for each bypass. Standard
details will be prepared for installation of bypass piping and valves. At this time, it is
envisioned that these bypasses will be manually operated and will involve diesel driven pumps
and no electrical systems are anticipated. Time spent on preparing the contract documents
will be as directed by the County and that if additional time is required, an amendment to the
work authorization will be made.
4.4. Assist Collier County with bidding and selection of construction contractor.
5. REHABILITATION OF MASTER PUMP STATIONS 308, 309, and 305
5.1. Obtain and review record drawings
5.2. Inspect MPS 308, 309, and 305 in order to identify physical rehabilitation required. Identifying
modifications which may have been made since the date of the record drawings. Obtain
necessary measurements. Photograph conditions. Inspections will include structural and
electrical systems. Perform a topographic and easement boundary survey for each pump
station site including (SUE) subsurface investigation of electrical conduits and underground
piping.
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5.3. Perform a business case analysis for the potential relocation of MPS 308 to an available site
near the existing location to determine whether it may be feasible to rebuild the facility instead
of replacing it.
5.4. The condition of stormwater management system and landscaping will be reviewed and
any deficiencies with current standards will be identified along with recommendations for
remedial actions.
5.5. A review of the ability of the on -site stormwater management system for the dual purpose of
providing secondary containment will be performed and recommendations for improvements
made.
5.6. Data will be collected which identify historic flows being pumped by this facility. it is proposed
that a pressure recorder be installed to be used along with pump station operating data in order
to assess the pump flow and head requirements. Flows and pressures will be compared to
operation under a variety of rainfall conditions and a projection of pumping requirements
versus
magnitude of rainfall will be developed based on the limited data available. Existing pumps
will be tested in the field and compared to the projected needs for the MPS. In the event that
the existing pumps are not projected to be able to handle the larger rain induced flows, then
new pumps will be selected and recommended. Flows will only be compared between
available data during wet and dry periods and not against anticipated flows generated within
the basin.
5.7. A Design Report will be prepared for each MPS which will identify the work anticipated to
be necessary along with a budget estimate of project costs.
5.8. Plans and specifications will be prepared for the rehabilitation work for each
MPS as was identified in the Design Report. The bid documents will be prepared in a manner
in which either the individual MPS or the group of MPS could be
bid. It is anticipated that rehabilitation work will include a new electrical service, a new
generator, and replacement of the existing SCADA system. In some cases, major building
modifications or possibly a new building may be required. In the event that a replacement for
MPS 308 is elected, the fee estimate provided is envisioned to accommodate that as long as
that decision is made early during the project. If a new site is selected for MPS 308, it is likely
that the permitting allowance (Task 8) may be insufficient to cover Collier County SDP and
related permitting.
5.9. Assist Collier County with bidding and selection of construction contractor.
6. REHABILITATION AND MODIFICATION OF WESTERN INTERCONNECT
6.1. The Western Interconnect currently consists of two Interconnect Pump Stations North IC
[located southwest of the intersection of Golden Gate Parkway and Livingston Road] and
South IC [located near the intersection of Progress and Industrial] as well as interconnecting
force mains which allow a portion of the MPS 309 basin to be pumped to the NCWRF or the
Grey Oaks subdivision to be pumped to the SCWRF. There are numerous automated valves
which must operate in order to bypass pumping around normally used force mains and pump
stations. Perform a topographic and easement boundary survey for each pump station site
including (SUE) subsurface investigation of electrical conduits and underground piping
6.2. Review operation of the existing western interconnect system to determine whether or
not it is currently functioning in an optimum manner.
6.3. Consider adding additional functionality to operation of the western interconnect by extending
the interconnect force main north along Livingston Road past Grey Oaks to Wyndemere. This
would allow bypassing of flows from the south regional sanitary sewer system to the north
regional sanitary sewer system using the South IC pump station in conjunction with the
Wyndemere pump station. In addition, it would allow bypassing of flows from Wyndemere to
the south regional sanitary sewer system using the North IC pump station. This will involve
assigning target flows to each pump station involved based on historical data along with
hydraulic modeling. The capacity of the existing pumps in each of the associated pump
stations will be considered and recommendations made regarding any pumps which may
require replacement. Prepare design report.
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9/11/2012 Item 11.E.
6.4. Prepare a SCADA design for the automatic sequencing of actuated valves to divert
wastewater flows either partially or completely.
6.5. Perform land surveying services and civil engineering design of a force main located along
Livingston Road to bypass Grey Oaks and connect into existing10 -inch force main located
north of Marbella Lakes Drive.
6.6. Assist Collier County with bidding and selection of construction contractor.
6.7. Prepare plans and /or specifications to eliminate underground valves vaults at all pump
stations required to operate the western interconnect.
6.8. Time spent on this task will be as directed by the County and that if additional time is
required, an amendment to the work authorization will be made.
7. REHABILITATION OF LEVEL 3 PUMP STATIONS [11 pumps stations]
7.1. Obtain and review record drawings. (Record drawings for Glades pump stations may not be
available.)
7.2. Inspect PS 305.01, 305.02, 305.03, 305.05, 305.11, 305.13, 305.15, 305.17,
305.18, 305.19, and 309.10 in order to identify physical rehabilitation required. Identifying
modifications which may have been made since the date of the record drawings. Obtain
necessary measurements. Photograph conditions. Inspections will include structural and
electrical systems. Prepare an existing conditions exhibit of pump station when 'a record
drawing is not available. Perform a topographic and easement boundary survey for each pump
station site including (SUE) subsurface investigation of electrical conduits and underground
piping
7.3. Data will be collected which identify historic flows being pumped by each pump station. It is
proposed that a pressure recorder be installed to be used along with pump station operating
data in order to assess the pump flow and head requirements. Flows and pressures will be
compared to operation under a variety of rainfall conditions and a projection of pumping
requirements versus
magnitude of rainfall will be developed based on the limited data available. Existing pumps
will be tested in the field and compared to the projected needs for the PS. In the event that
the existing pumps are not projected to be able to handle the larger rain induced flows, then
new pumps will be selected and recommended. Flows will only be compared between
available data during wet and dry periods and not against anticipated flows generated within
the basin.
7.4. A Design Report will be prepared for each PS which will identify the work anticipated to
be necessary along with a budget estimate of project costs.
7.5. Plans and specifications will be prepared for the rehabilitation work for each PS as was
identified in the Design Report. The bid documents will be prepared in a manner in which
either the individual PS or the group of PS could be bid. However the proposed services
include preparation of only one set of construction documents. It is anticipated that
rehabilitation work will include a new electrical service; in some cases, possibly, a generator
may be added; and replacement of the existing SCADA system. Lightning protection and
electrical surge protection and Arc Flash prevention shall be included in all pump station
designs. In the event that the Design Report identifies that a more significant
repair /replacement effort is envisioned, then the available budget in this contract will be
revisited prior to moving to the design phase.
7.6. Assist Collier County with bidding and selection of construction contractor.
8. PERMITTING ALLOWANCE
8.1. Prepare FDEP permit applications as may be required for signature and submittal by the
Collier County Public Utility Division.
8.2. Prepare SFWMD permit applications as may be required for signature and submittal by the
Collier County Public Utility Division.
8.3. Prepare Collier County site development permit applications as may be required for signature
and submittal by the Collier County Public Utility Division.
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9/11/2012 Item 11. E.
8.4. Time spent on this task will be as directed by the County and if additional time is required,
services will be billed in accordance with the hourly rates identified in Attachment 1
to Schedule B.
SCHEDULE B
BASIS OF COMPENSATION
TIME AND MATERIAL
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progress report reflecting the Project status, in terms of the total work
effort estimated to be required for the completion of the Basic Services and any then - authorized
Additional Services, as of the last day of the subject monthly billing cycle. Among other things,
the report shall show all Service items and the percentage complete of each item.
B1.1.1 All monthly status reports and invoices shall be mailed to the attention
of Craig Pajer, Principal Project Manager at Collier County Public Utilities, 3339 Tamiami
Trail East, Suite 303, Naples, FL. 34112
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly
payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and
Reimbursable in accordance with the terms stated below. Provided, however, in no event shall
such compensation exceed the amounts set forth in the table below.
Task
##
PHASE I Tasks
NOT TO EXCEED
AMOUNT:
1
Pump Station Rehabilitation 50 pump stations
$ 400,000
2
Gravity Sewer Interconnections
$ 100,000
3
Rehabilitation of Clay Pipe and Laterals
$ 50,000
4
Bypass Piping/Pumping
$ 125,000
5
Rehabilitation of Master Pump Stations 308,
309, and 305
$ 650,000
6
Rehabilitation and Modification of Western
Interconnect
$ 125,000
7
Rehabilitation of Level 3 Pump Stations (11
um stations
$ 430,000
8
Permitting
$ 40,000
TOTAL FEE (Total Items 1-8)_
$1,920,000
B.2.2 Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid
to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll
related costs and fringe benefits, all in accordance with and not in excess of the rates set
forth in the Attachment I to this Schedule B.
B.2.3 With each monthly Application for Payment, CONSULTANT shall submit detailed time
records, and any other documentation reasonably required by OWNER, regarding
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9/11/2012 Item 11. E.
CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and
approved by OWNER.
13.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or
Additional Services without OWNER'S prior written approval.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out -of- pocket expenses incurred in the performance of all such
services.
B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees and Reimbursable Expenses earned that month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in triplicate in a form and manner required by
Owner. Additionally, the number of the purchase order granting approval for such
services shall appear on all invoices.
8.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and the Project name and shall not be submitted more than one time monthly.
B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
billings, on a cumulative basis, exceed the sum determined by multiplying the applicable
not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner has
determined CONSULTANT has completed such task as of that particular monthly billing.
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9/11/2012 Item 11.E.
6.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B.3.5 Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with section
112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark -up by the
CONSULTANT, and shall consist only of the following items:
B.3.5.1.1 Cost for reproducing documents that exceed the number of documents described in
this Agreement and postage and handling of Drawings and Specifications.
B.3.5.1.2 Travel expenses reasonably and necessarily incurred with respect to Project related
trips, to the extent such trips are approved by OWNER. Such expenses, if approved by
OWNER, may include coach airfare, standard accommodations and meals, all in
accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER,
may include mileage for trips that are from /to destinations outside of Collier or Lee
Counties. Such trips within Collier and Lee Counties are expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
6.3.5.1.4 Expense of overtime work requiring higher than regular rates approved in advance
and in writing by OWNER.
8.3.5.1.5 Expense of models for the County's use.
B.3.4.1.6 Other items on request and approved in writing by the OWNER.
END OF SCHEDULE B.
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9/11/2012 Item 11.E.
ATTACHMENT 1
to Schedule B
Contract No: #11 -5782 "Wastewater Basin Analyses — Basin 2"
PERSONNEL CATEGORIES & HOURLY RATES
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 on a task by task
basis as needed.
D -31
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Task 1 - PS Rehabilitation
1.1 Inspect PS
1.2 Surveying
1.3 Subsurface Investigations
1.4 Develop design details
1.5 Preliminary Drawings
1.6 Prepare Plans & Specs
1.7 Bidding
Task 2 - Gravity Sewer Interconnects
2.1 Review existing system
2.2 Review data/ Perform inspections
2.3 Prepare design details
2.4 Surveying
2.5 Design Report
2.6 Prepare Plans & Specs
2.7 Bidding
Task 3 - Rehab Clay Pipe & Laterals
Task 4 - Bypass Piping /Pumping
4.1 Review existing system
4.2 Design Report
4.3 Prepare Plans & Specs
4.4 Bidding
Task 5 - Rehab Master PS
5.1 Review existing information
5.2 Inspect existing systems
5.3 Business case - PS 308
5.4 Review site /landscaping systems
5.5 Review secondary containment
5.6 Evaluate flow conditions
5.7 Design Report
5.8 Prepare Plans & Specs
5.9 Bidding
Task 6 - Rehab Western Interconnect
6.1 Surveying
6.2 Review and evaluate operation
6.3 Recommend improvements
6.4 SCADA design
6.5 Prepare Plans & Specs
6.6 Bidding
Task 7 - Rehab Level 3 PS
7.1 Review record drawings
7.2 Inspect & survey PS
7.3 Evaluate flow conditions
7.4 Design Report
7.5 Prepare Plans & Specs
7.6 Bidding
Task 8 - Permitting
9/11/2012 Item 11. E.
SCHEDULE C
PROJECT SCHEDULE
2012 2013
Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug
as requested
4
as necessary
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9/11/2012 Item 11.E.
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
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9/11/2012 Item 11. E.
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(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.
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9/11/2012 Item 11.E.
(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
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.
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9/11/2012 Item 11.E.
Applicable X Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
Applicable X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X_ Yes No
(1) Commercial General Liability Insurance, written on an `occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
General Aggregate $300,000
Products /Completed Operations Aggregate $300,000
Personal and Advertising Injury $300,000
Each Occurrence $300,000
Fire Damage $ 50,000
General Aggregate $500,000
Products /Completed Operations Aggregate $500,000
Personal and Advertising Injury $500,000
Each Occurrence $500,000
Fire Damage $ 50,000
X General Aggregate $1,000,000
Products /Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
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9/11/2012 Item 11.E.
Each Occurrence $1,000,000
Fire Damage $ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The. General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self - insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self- insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his /her designee.
(3) The OWNER, Collier County Government, shall be named as an Additional Insured
and the policy shall be endorsed that such coverage shall be primary to any similar coverage
carried by the OWNER.
claims.
(4) Coverage shall be included for explosion, collapse or underground property damage
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Applicable _X Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Applicable X Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? _X_ Yes No
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9/11/2012 Item 11.E.
(1) Automobile Liability insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less
than:
Bodily Injury & Property Damage - $ 500,000
X Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X Yes No
(1) Professional Usability 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
$1,000,000 each claim and in the aggregate
_X_ $2,000,000 each claim and in the aggregate
$5,000,000 each claim and in the aggregate
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9/11/2012 Item 11.E.
(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.
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
D -3 9
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9/11/2012 Item 11.E.
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project- specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self- insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
C. Current deductibles /self - insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULED
DAO
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9/11/2012 Item 11.E.
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Hole Montes, Inc. hereby certifies that wages, rates and other factual unit costs
supporting the compensation for the services of the CONSULTANT to be provided under the
Professional Services Agreement, concerning Wastewater Basin Analyses (Basin 2) are
accurate, complete and current as of the time of contracting.
Hole Montes, Inc.
MM
TITLE:
DATE:
E -1
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9/11/2012 Item 11.E.
SCHEDULE F
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
Ronald Benson, Ph.D., P.E.
H. Clifford Pepper, P.E.
Frank Feeney, P.E.
Jerry Taricska, Ph.D., P.E.
Thomas McLean, P.E.
Various
Bob Duane
Dawn Barnard
John Vacca
Dawn Suzor
Tobi Charbonneau
Various
Theresa Artuso
Thomas Murphey
Various
Ben Nowell
SubconsultantMloolpert
Subconsultant/RKS
Subconsultant/TRC
Phase I Services
Principal
Sr. Project Manager
Sr. Engineer
Sr. Engineer
Sr. Engineer
Engineer
Sr. Planner
Environ. Operations Specialist
Senior Designer
Senior Designer
Permitting Specialist
Clerical
Landscape Architect
Surveyor
2 -man survey crew
Survey CAD Tech
Sanitary Sewer Investigations
Electrical Investigations
Structural Investigations
F -1
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% of
4.3%
5.5%
11.7%
10%
6%
12.2%
<1%
3.8%
13%
13%
<1%
9.2%
<1%
3%
4.2%
<1%