Backup Documents 04/10/2012 Item #16A1116A1y
MEMORANDUM
Date: April 30, 2012
To: Diana De Leon, Contract Technician
Purchasing Department
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Contract #11 -5724 "Construction Engineer and Landscape
Inspection Services and Site Restoration Services for Vanderbilt
Beach MSTU: FPL Underground Conversion Phase 1, 2, 3
Contractor: Holes Montes, Inc.
Attached is an original copy of the contract referenced above, (Item #16A11)
approved by the Board of County Commissioners on April 10, 2012.
The second original document will be held on file in the Minutes and Record's
Department for the Board's Official Record.
If you have any questions, please contact me at 252 -8411.
Thank you.
Attachment
Memorandum
Date: April 12, 2012
Purchasing Department 16 Al
3327 Tamiami Trail East
Naples, Florida 34112
Telephone: (239) 252 -8375
FAX: (239) 252 -6597
Email: dianadeleon0collier oq v.net
www.colliergov. netlpurchasing
Subject: Contract 11 -5724 Construction Engineer and Landscape Inspection Services and Site
Restoration Services for Vanderbilt Beach MSTU: FPL Underground Conversion Phase 1, 2, 3
From: Diana DeLeon for Brenda Brilhart, Procurenjent Strategist, Purchasing Dept.
To: Ray Carter, Manager Risk Finance
This contract was approved by the BCC on April 10, 2012 agenda item 16A11.
The County is in the process of executing this contract with Hole Montes, Inc.
Please review the Insurance Certificate(s).
• If the insurance is not in order please contact the vendor /insurance company to obtain a proper
certificate. Once you receive the proper certificate(s), please acknowledge your approval and send
to the County Attorney's office via the attached Request for Legal Services.
• If the insurance is in order please acknowledge your approval and send to the County Attorney's
office via the attached Request for Legal Services.
If you have any questions, please contact me at the above referenced information.
By:
Manager Risk Finance Signature
(Please route to County Attorney via attached Request for Legal Services)
Date
V;VEQ
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RISK MANAGEMEN1
`� G/ Acquisitions/ AgentFormsandLetters /RiskMgmtReviewoflnsurance4 /15/2010/16/09
RFP 11 -5724
16A11
Contract #11 -5724
Construction Engineer and Landscape Inspection Services and Site Restoration Services for
Vanderbilt Beach MSTU: FPL Underground Conversion Phase 1, 2, 3
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of r 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 Florida 34110 (hereinafter referred to as the "CONSULTANT ").
WIT NESSETH:
WHEREAS, the OWNER desires to obtain the professional Consulting for Construction
Engineer and Landscape Inspection Services of the CONSULTANT concerning RFP 11 -5724
Construction Engineer and Landscape Inspection Services and Site Restoration Services
for Vanderbilt Beach MSTU: FPL Underground Conversion Phase 1, 2, 3 (hereinafter
referred to as the "Project "), said services being more fully described in Schedule A, "Scope of
Services ", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and
WHEREAS, the CONSULTANT represents that it has expertise in the type of professional
services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein,
the parties hereto agree as follows:
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RFP 11 -5724
ARTICLE ONE 16A11
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Construction Engineering and
Landscape Inspection /Reconstruction 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 George H. Hermanson, 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
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RFP 11 -5724
to this Agreement. The CONSULTANT agrees that the Project Coordinator shat c6oA 1
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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RFP 11 -5724
16A1
1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and /or deficient documents, failure to comply with local, state and /or
federal requirements and /or codes and ordinances applicable to Consultant's performance of
the work as related to the project. This list is not deemed to be all- inclusive, and the County
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these
funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and /or items necessary to correct the deficiencies directly related to the
Consultant's non - performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non - public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph
written notice of any such subpoenas.
CONSULTANT shall provide OWNER prompt
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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RFP 11 -5724
common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement -
EOP, etc), and adhere to industry standard CAD specifications. 16 A 1
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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
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RFP 11 -5724
services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Services:
16A11
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.
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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r 11A21
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;
(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,
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shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
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.
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16PAI I
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.
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,
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notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other
technical data, other than working papers, prepared or developed by or for CONSULTANT
under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or
copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall
be solely responsible for all costs associated with delivering to OWNER the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER
to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project.
CONSULTANT warrants to OWNER that it has full right and authority to grant this license to
OWNER. Further, CONSULTANT consents to OWNER'S mouse 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.
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ARTICLE EIGHT
INDEMNIFICATION
RFP 11 -5724
16AlI
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:
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
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CONSULTANT shall not apply to any insurance or self- insurance program
carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work
performed on behalf of Collier County.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida,
and shall be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and
received by OWNER, except such rights as they may have to the proceeds of such
insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the appropriate
insurance business in the State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial
rating of "Class VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
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
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Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub - subconsultants or sub - subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
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
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in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
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
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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 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
15
16,A711 '
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 hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
16
RFP 11 -5724
16AIJARTICLE 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: Purchasing /General Services Director
(239) 252 -8407
Fax: 239 - 252 -6480
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United
States Postal Service Department, first class mail service, postage prepaid, addressed to the
following CONSULTANT'S address of record:
Hole Montes; Inc.
950 Encore Way
Naples, FL 34110
George H. Hermanson, Senior Vice President/Principal
(239) 254 -5052
Fax: (230) 254 -2099
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
16 "A.1<1
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.
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.
18
1 kare 724
17.9 The terms and conditions of the following Schedules attached here o y his
reference incorporated herein:
Schedule A
SCOPE OF SERVICES
Schedule B
BASIS OF COMPENSATION
Schedule C
PROJECT MILESTONE SCHEDULE
Schedule D
INSURANCE COVERAGE
Schedule E
TRUTH IN NEGOTIATION CERTIFICATE
Schedule F
KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
RFP # 11 -5724
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 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
I &FA112
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
a.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision - making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision - making authority and
by OWNER'S staff person who would make the presentation of any settlement reached at
mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
a.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
20
6P A51 1
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.
* * * * * * * * * * * * * * * * * * ** *The rest of this page is intentionally left blank * * * * * * * * * * * * * * * * * * * * * * * * * * * **
21
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement for Construction Engineer and Landscape Inspection
Restoration Services for Vanderbilt Beach MSTU: FPL Underground
2, 3 the day and year first written above.
ATTEST:
Dwight E. G C E4,
.. n :. __cam -,� •.
Date:
Attt i"' to 104
Apqx9ed as to for n
I al suffi ' Cy:
Scott each
1572 P 1 -4
Al
Professional Services
Services and Site
Conversion Phase 1,
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
By:
y'MM Fred W. Coyle, Chairman
Deputy County Attorney
Witness
Witnes /
Hole Mon e i c.
By:
George H. Hermanson, P.E., Sr. W /Principal
Typed Name and Title
22
l;em # I
Agenda
Date
Date Z
RXt
1
SCHEDULE A
SCOPE OF SERVICES
VANDERBILT BEACH MSTU
FPL UNDERGROUND CONVERSION
Description of Project
RFP 11 -5724
16AI I
This Project is located at Gulfshore Drive: Phase 1 (111th Avenue to Vanderbilt Beach Road) and
consists of the construction of: The Vanderbilt Beach MSTU: FPL Underground Conversion.
Phase 1, 2, 3 provides hurricane protection and aesthetic improvements. There is an existing
asbestos water main within the work zone requiring that the consultant is a State of Florida
certified asbestos consultant under the rules and regulations of Chapter 469 of the Florida
Statutes and Rule 61 E1 of the Florida Administrative Code.
Detailed Scope of Work
Construction Engineering Inspection Services associated with the burial of the FP &UComcast
utility lines through trenching and directional boring. Landscape Architectural Site Restoration
Services associated with the burial of the FP &UComcast utility lines through trenching and
directional boring.
TASK 1— PRE - CONSTRUCTION VIDEO AND PHOTOGRAPHS
1.1 The Consultant will provide a preconstruction video tape as needed in DVD format
documenting the condition of the project area prior to commencement of any work. This video
tape should capture pre - project conditions of all private property adjacent to the proposed
project area and public property in the right of way with the intent to document all existing
conditions for use in resolving any post - project private or public property alleged damage
claims. The video is to be submitted to the Project Manager prior to construction
commencement for the Project file at no additional cost.
1.2 Pre - Construction Photographs: The Consultant will provide construction progress
photographs as needed that help visualize the worksite conditions. Photographs will be taken
prior to construction commencement, during and after all milestones and construction steps.
These pictures must be in digital format, date stamped, 3 Mega pixels minimum resolution, in
color, and submitted once a week on Wednesday via e-mail or recorded on a CD to the
attention of the Project Manager.
TASK 2 — DETAILED OBSERVATION AND DOCUMENTATION DURING CONSTRUCTION
2.1 - The Consultant will provide Construction Inspectors to observe all construction and testing
activities related to the project, including work surrounding the existing asbestos pipe,
installation of related utility boxes, existing driveways, landscape and irrigation systems,
miscellaneous masonry and concrete work associated with the trenching and directional bore
activity of the power line burial, and video and testing of existing utilities and improvements
within the right of way. Construction documentation will be prepared on the day the construction
23
I &PA 1 =41
activity takes place. All construction documentation and preparation of work orders associated
with the restoration will be provided to the County not later than the first working day of the
following week or more frequently if requested by the County.
2.2 - Construction Observation — The Consultant will conduct on -site observations and
inspections as needed of material construction activities on the Project to verify whether the
work is completed in accordance with the contract documents submitted to Collier County by
FP &UComcast. The Consultant will inform an on -site representative of the construction
contractor of any concerns related to conformance of the work with the contract documents (a
concern or an issue) as an attempt to resolve any concern or issue on -site. If the concern or
issue is not immediately resolved in the field, the Consultant shall inform the County about the
concern or issue within four (4) business hours of the finding.
2.3 - On a twenty -four (24) hours basis, the Consultant may be required to travel to the site
immediately to meet with the Project Manager, law enforcement or emergency personnel to
resolve an emergency. The Contractor will respond to a telephone, beeper and the return calls
shall be made within one (1) hour of notification.
The Consultant will be responsible for investigating the concern or issue and resolving the same
through an oral or written directive to the construction contractor and so inform the County. This
protocol will be initiated any time the Consultant 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.
2.4 - Daily Log and Construction Documentation — The Consultant will prepare a daily log
recording all activities and details related to the work completed during each day on a form
approved in advance by the County. Information will be recorded in the daily log on each day
construction activities occur. The daily log entries will record all aspects of the construction
during that day including, but not limited to: construction crew (labor) details, equipment used,
materials used, compliance testing and inspection performed, site conditions, trench conditions,
backfill material used, dewatering methods, compaction methods, location of the work, and all
relevant details related to the Work. The Daily Log will reference the digital photographs and or
video taken with appropriate file names and file locations. In addition to the construction details,
the daily log will contain information related to: time and hours on the job site, weather
conditions, data pertaining to questions of quantities of materials used, extras or deductions, list
of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors,
observations in general and specific observations in more detail as in observing test procedures,
conformance inspection of materials and fitting, name plate data for equipment and material
installed, and other information requested by the County. The daily log, photograph files and
other construction documentation will be provided to the County by the Consultant on a weekly
basis on the first day of the week following the week of daily logs.
2.5 - Photographic Record — The Consultant will provide a comprehensive digital photographic
record of all construction activities related to the project. The digital file names will be
referenced in the daily log along with a brief description of the photograph, the date and time of
the photograph and the name of the photographer. The digital files will be transferred to a
digital CD and submitted weekly to the County along with the construction documentation. The
photographs will be printed in high resolution,color, two captioned photos per 8 'h" x 11" sheet,
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161 -5141 1
printed one side only. The prints will be provided to the County as needed with the construction
documentation. Video will be provided in digital format.
2.6 - General Coordination -The Consultant will coordinate activities related to the multiple -
beneficial Use of completed segments of the Project during Phase 1, between the construction
contractor and the County. The Consultant will oversee substantial completion inspections, and
prepare and maintain the punch list, including follow -up inspections to ensure that punch list
items are corrected and /or completed.
2.7 - Observe Regulatory Agency Inspections — The Consultant will accompany visiting
inspectors representing any regulatory agencies having jurisdiction over the Project and will
record all discussions and the outcome of these regulatory inspections in the daily logs.
2.8 - Construction Progress Meetings — The Consultant may be required to attend progress
meetings chaired by the County's Project Manager, with the construction contractor and the
County to review project status and identify issues that may affect the Project. The Consultant
may be asked to assist in preparing a draft Agenda at least two 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 County and the construction contractor.
2.9 - Substantial Completion Inspections — The Consultant will conduct substantial completion
inspections when requested by the construction contractor and coordinated with FP &L/ Comcast
and recommend whether the work is sufficiently complete to warrant a substantial completion
inspection. During the substantial completion inspection the Consultant will prepare a punch list
of items requiring completion or correction to the satisfaction of the County. The Consultant will
maintain the punch -list and issue updates to the punch -list on an as needed basis. The
Consultant will attend and participate in the final walk- through to ensure that the punch -list items
are completed to the satisfaction of the County. All services related to the Substantial
Completion Inspection shall be provided separately for Vanderbilt Beach MSTU: FPL
Underground Conversion project: FP &L/Comcast, Landscape, Irrigation, and Incidental
Restoration Installation as a result of the Phase 1 Project. The Consultant will coordinate close
out of building and right of way permits
2.10 - General Management and Oversight — The Consultant mayprovide support services
customarily related to the construction observation and inspection of similar projects also
including, but not limited to:
a) Attend progress meetings and conferences as needed with the County and
contractors; Assist preparing agenda and distribute meeting minutes; Coordinate all
subsequent meetings, prepare agenda and distribute meeting minutes; Prepare a list
of issues needing resolutions after every meeting and ensure that they are fulfilled.
b) Attend In- Progress Review (IPR) meetings as needed with the County to update the
Project Delivery Team on the status of the Project during construction.
c) Participate in pre- construction coordination meetings as needed with the County,
FP &L/Comcast; Participate in other meetings as described or implied herein. Prepare
and submit monthly construction summary reports to the County.
d) Attend project meetings in order to monitor progress as needed, respond to field
issues, communicate with the contractor, and coordinate communications with the
contractor, project manager, and operational staff at County and DEP as needed.
25
I F 6 A711
e) Respond to Requests for Information from the contractor within three working days.
Coordinate requests with project manager and operational staff at Collier County.
f) Review and recommend the approval of payments due to the construction contractor
for site restoration within the right of way. The Consultant's recommendation of any
payment requested in an application for payment shall constitute a representation by
the Consultant to the County as an experienced and qualified professional, that based
on Consultant's onsite observations and inspections of construction in progress; that
the construction quantities in the applications for payment accurately reflects the
progress of the work and that the work is constructed in accordance with the Contract
Documents. The Consultant will process pay requests in accordance with the Florida
Prompt Payment Act. All incoming pay requests processed by the Consultant shall be
mechanically stamped with the date received. Final pay requests will be processed by
Collier County.
g) Provide construction contract administration consisting of:
1. Review of payment applications, if needed.
2. Review of construction schedule updates and field progress.
3. Review of change order requests and preparation of change orders, if
needed.
4. Assistance in administration of additional work under the Contract
Allowance Bid item.
5. Review, preparation, implementation, and restoration of right of way site
to the original condition.
6. Review record drawings for completeness and accuracy on a daily
basis.
h) Coordinate all construction field activities with the County staff with adequate
notification and coordination.
i) Coordinate all issues with the Owner, FP &UComcast, other Utilities that may bury
their lines during the timeframe (Fibernet, Nuvu) and property owners who have been
negatively affected by the construction. This will involve the restoration of those
affected areas. Provide timely review, recommendations and approval of shop
drawings and submittals.
j) Respond to Requests for Information from the contractor within three working days.
Coordinate requests with the project manager, operational staff at Collier County and
DEP staff, as needed.
k) The Consultant 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 Consultant.
1) Conduct daily fulltime site observation of construction and provide daily reports with
photographs to the County.
m) Provide a professional State of Florida registered Landscape Architect (Chapter 481,
Part II, Florida Statutes, Chapter 61G10, F.A.C.) to be responsible for inspection and
acceptance of landscaping (both with the County right -of -way and on private property)
associated with the construction work.
n) Within one week after the construction contractor notifies the Consultant and the
County that the Work on the Project (for each Phase) is substantially complete in
accordance with the contract documents, the Consultant will provide a signed and
sealed certification by a professional consultant registered in the State of Florida, that
the Work was done under his supervision and perForm6d in accordance with the
contract documents, including all approved shop drawings and change orders for
each licensed discipline.
26
1 6PA51 l '
o) The firm's staff assigned to this project must be available 24/7 during the duration of
the project.
p) The firm's staff assigned to this project must be available 24/7 during the duration of
the project.
2.11 — As Constructed Field Drawings — The Consultant 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 Consultant to
validate the "As Built" documentation provided by the construction contractor. The Consultant
will notify the construction contractor of any differences in the documents maintained by the
general contractor for resolution by the County.
TASK 3 - CONCLUDING CONSTRUCTION SERVICES
3.1 — Final Completion Inspection - Upon the request of the construction contractor and
concurrence of the Consultant and the County, the Consultant 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 Consultant will judge the
work complete or not complete. If the work is judged complete, the Consultant will issue a
"notice of final acceptance and recommendation for final payment ". If the work is judged not
complete, the Consultant 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
Consultant can issue a "notice of final acceptance and recommendation for final payment ". All
services related to the Final Completion Inspection shall be provided separately for Vanderbilt
Beach MSTU: FPL Underground Conversion project: FP &L/Comcast, Landscape, Irrigation, and
Incidental Restoration Installation.
3.2 — Final Construction Certification — Upon issuance of a "notice of final acceptance and
recommendation for final payment" the Consultant will provide a Florida Registered signed and
sealed certification by a professional Florida Licensed Consultant in responsible charge of the
work provided by the Construction Inspectors stating that the "Project has been completed by
the construction contractor in substantial accordance with the Plans and Specifications of the
Contract Documents ". All services related to the Final Construction Certification shall be
provided separately for Phase I - FP &L/Comcast, Landscape, Irrigation, and Incidental
Restoration Installation as a result of the Phase I Project.
TASK 4 - ASBESTOS INCIDENCES
4.1 - The Consultant will provide a Florida Licensed Asbestos Consultant (Chapter 471, Florida
Statutes, Chapter 61G15, F.A.C.) experienced in asbestos abatement and related activities. The
Consultant will also provide an inspector trained in asbestos awareness.
4.2 — If an incidence occurs where an underground asbestos utility main is damaged during
construction, the Consultant's inspector may dictate suspension of the work and instruct the
contractor to finish any measures to minimize any further damage to the facility at the
construction site. The Consultant will provide a Florida Licensed Asbestos Consultant to review
27
I&INI I
the damage and provide recommendations for the proper repair of the damaged pipe and clean-
up of any resulting asbestos containing debris.
4.3 — As part of the incident review and assessment, the Consultant may complete ambient air
sample tests in the vicinity to measure the airborne asbestos fiber concentration and evaluate
the measured asbestos fiber levels with respect to regulatory requirements and generally
accepted health and safety standards (the contractor will provide personal asbestos air
sampling for their employees if deemed necessary).
4.4 — The Consultant will visit the site upon completion of any measures or repairs to abate the
pipe damage and resulting asbestos containing debris.
4.5 — The Consultant will prepare written report describing the incident with all pertinent
information and documentation of the abatement and repair of the facility.
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SCHEDULE B
BASIS OF COMPENSATION
TIME AND MATERIAL & LUMP SUM
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then - authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1 All monthly status reports and invoices shall be mailed to the attention
Of: Darryl Richard, Project Manager, 2885 S Horseshoe Drive, Naples, FI 34104
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 for Time and Materials Tasks, or on a Lump Sum basis 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
AMOUNT
1.
Preconstruction (One time lump sum )
E.916
2.
Detailed Observation and
$135,744
Documentation During Construction
Time & Material Not To Exceed
2.1
Reimbursable Items Not to Exceed
11Q500
3.
Concluding Construction Services (one
$5,384
time lump sum
4.
Asbestos Abatement (only as needed,
$6,000
estimate 5 or less incidences, not to
exceed $1,200 per incidence
TOTAL ESTIMATED PROJECT FEES
$165,544
B.2.2. Time and Materials: 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 1 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.
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B.2.4 Lump Sum: Payments will be made monthly upon percent complete of Task; however,
payment shall not be due until all services associated with any such Task have been
completed to OWNER'S reasonable satisfaction. Consultant's invoices shall show all
Service items,and the percentage complete of each Task.
B.2.5 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.2.6. 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.2.7 Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees and Reimbursable Expenses earned that month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in triplicate in a form and manner required by
Owner. Additionally, the number of the purchase order granting approval for such
services shall appear on all invoices.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and the Project name and shall not be submitted more than one time monthly.
B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the
30
16 1
A 1-571
applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage
Owner has determined CONSULTANT has completed such task as of that particular
monthly billing.
B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B.3.5 Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without
mark -up by the CONSULTANT, and shall consist only of the following items:
5. 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.
6. 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.
31
16PA 57t
Attachment 1 to Schedule B
CONSULTANTS HOURLY RATES
PROFESSIONAL FEE SCHEDULE
Principal Engineer .......................................... ............................... $195.00 per hour
Project Manager .............................................. ............................... $148.00 per hour
Senior Landscape Architect ............................ ............................... $135.00 per hour
Surveying Technician ...................................... ............................... $ 85.00 per hour
Senior Inspector .............................................. ............................... $ 85.00 per hour
Principal Surveyor ........................................... ............................... $145.00 per hour
Administrative Assistant .................................. ............................... $ 65.00 per hour
Subconsultants
Asbestos Engineer ................................... ............................... $130.00 per hour
Technician................................................ ............................... $ 80.00 per hour
32
RFP 11 -5724
SCHEDULE C 16 Al
PROJECT SCHEDULE
Project shall be completed within seven (7) months from issuance of the Notice to Proceed.
Any modification to this seven (7) month schedule shall be in writing in accordance with
Purchasing Policy and Administrative Procedures.
33
SCHEDULE D
INSURANCE COVERAGE
RFP 11 -5724
16 Al
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If CONSULTANT has any self- insured retentions or deductibles under any
of the below listed minimum required coverages, CONSULTANT must identify on the Certificate
of Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or
deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
policies required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24)
hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
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.
34
RFP 11 -5724
1.6 A 1
5 All insurance coverages of the CONSULTANT shall be primary to an insurance 01
() 9 p rY Y
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand,
OWNER has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall
be under no obligation to purchase such insurance, nor shall it be responsible for the coverages
purchased or the insurance company or companies used. The decision of the OWNER to
purchase such insurance coverages shall in no way be construed to be a waiver of any of its
rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
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
35
16 P '1-514
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one, if applicable)
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
Applicable X Not Applicable
(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:
36
RFP 11 -5724
16AlI
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.
(4) Coverage shall be included for explosion, collapse or underground property damage
claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Applicable X Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Applicable X Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? _X_ Yes No
37
I 6PA 514 1
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less
than:
X Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
$ 500,000 each claim and in the aggregate
X $1,000,000 each claim and in the aggregate
$2,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
38
161211
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
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
39
iR6 1
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
40
ACCWEIF CERTIFICATE OF LIABILITY INSURANCE
13/14/2012 DATE (MM /DDIYYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
NTAC
NAME: Kristin Ne'ert
PHONE aC No
Lutgert Insurance - Naples
PO Box 112500
Naples FL 34108
E -MAIL
ADDREss:
2082970875
INSURERS AFFORDING COVERAGE
NAIC #
INSURER A
$1,000,000
INSURED HOLEM -1
INSURER B: IN NTA
44
INSURER C:FCCI INS CO
10178
Hole Montes, Inc
HM &A Building & Trustee, LLC
P. O. Box 111629
INSURER D: TIN NTA
MED EXP (Any one person)
$5,000
Naples FL 34108
INSURER E
INSURER F:
$1,000,000
COVERAGES CERTIFICATE NUMBER: inv)nF'; ')aR REVISION NUMBER:1
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
D L
INSR
WVD
POLICY NUMBER
POLICY EFF
MM /DD/YYYY
POLICY EXP
MM/DD/YYYY
LIMITS
D
GENERAL LIABILITY
2082970875
1/1/2012
/112013
EACH OCCURRENCE
$1,000,000
X COMMERCIAL GENERAL LIABILITY
DAMAGE T RENTED
PREMISES fEa occurrence
$100,000
MED EXP (Any one person)
$5,000
CLAIMS -MADE IR-1 OCCUR
PERSONAL BADVINJURY
$1,000,000
X Contractual Liab
X
Broadened Cover
GENERAL AGGREGATE
$2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP /OP AGG
$2,000,000
$
POLICY X PRO- LOC
D
AUTOMOBILE LIABILITY
2082970830
1/1/2012
/1/2013
LE LIMIT
7M57
$1,000,000
BODILY INJURY (Per person)
$
X ANY AUTO
-
BODILY INJURY (Per accident)
$
ALL OWNED SCHEDULED
AUTOS NON OWNED
X HIRED AUTOS X AUTOS
PROP RTY DAMAGE
$
$
A
UMBRELLA LIAB
X
OCCUR
2082970567
1/1/2012
/1/2013
EACH OCCURRENCE
$5,000,000
AGGREGATE
$5,000,000
EXCESS LIAB
CLAIMS -MADE
DED X RETENTION$0
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR /PARTNER /EXECUTIVE
11003
111/2012
/1/2013
X WCSTATU- OTH-
T CRY LIMITS
E.L. EACH ACCIDENT
$500,000
E.L. DISEASE - EA EMPLOYE
$500,000
OFFICER/MEMBER EXCLUDED? ❑
(Mandatory in NH)
NIA
_
E.L. DISEASE - POLICY LIMIT
$500,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
B
Professional Liability
AEH113988730
1/1/2012
/1/2013
Per Claim 2,000,000
Aggregate 2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
* *For any and all work performed on behalf of Collier County **
*30 Days notice of Cancellation except 10 for Non - Payment of Premium.
Collier County Government, Collier County Florida is Additional Insured with regards to General Liability on a Primary Non - Contributory
Basis. Wavier of Subrogation included in favor of Additional Insured for General Liability.
t � - '�_q Z�
GCK I IFIGA I L MVLULK �.Alva.c�u11 IVr�
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
3301 Tamiami Trail East
Naples FL 34112 AUTHORIZED REPRESENTATIVE
(9) 1BS5-LU1U AL.VKU I.UKMVKA I IVIY. All rigntS reSefVeL
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
16, A-71 1
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 Construction Engineer and Landscape
Inspection Services and Site Restoration Services for Vanderbilt Beach MSTU: FPL
Underground Conversion Phase 1, 2, 3 are accurate, complete and current as of the time of
contracting.
Hole Monte , In .
BY:
George H. Hermanson, P.E.
TITLE: senior Vice President /PRincipal
DATE: April 11, 2012
39
RFP 11 -5724
16 Al
SCHEDULE F
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
Consultants: Title %
■ George Hermanson, P.E. Principal Engineer 5%
■ W. Terry Cole, P.E., Project Manager 19%
■ Theresa Artuso, R.L.A. /A.SL.A., LEED, Landscape Architect 2%
■ Ben Nowell Surveying Technician 65%
• Thomas Murphy, P.L.S.
• Stephanie Karol
Subconsultants:
■ Lindsey Weaver, P.E.
■ Matthew Hoffman, E.I.
Principal Surveyor 2%
Administrative Assistant 4%
Licensed Asbestos Consultant 2%
Technician 1 %
16Ai1
REQUEST FOR PROPOSALS
In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act.
f
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
CCNA Solicitation
RFP 11 -5724 - Construction Engineer and Landscape Inspection
Services and Site Restoration Services for Vanderbilt Beach MSTU:
FPL Underground Conversion Phase 1, 2, 3
Brenda Brilhart, Procurement Strategist
(239) 252 -8446 (Telephone)
(239) 252 -6697 (Fax)
BrendaBrilhart@colliergov.net (Email)
This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this
document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent
award, or any other legal remedies available to the Collier County Government.
Purchasing Department- 3327 Tamiami Trail East • Naples, Florida 34112+1901 • www.colliergov.ndpurchasing
CCNA (Revision 8/10)
16A11
Table of Contents
LEGALNOTICE ................................................................................ ..............................3
EXHIBIT 1: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT .......... 4
EXHIBIT II: GENERAL RFP INSTRUCTIONS ................................. .............................16
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ..20
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP . .............................23
ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT ..... .............................30
ATTACHMENT 2: VENDOR CHECK LIST ...................................... .............................31
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT .............. .............................32
ATTACHMENT 4: VENDOR DECLARATION STATEMENT ........... .............................33
ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION ... .............................35
ATTACHMENT 6: VENDOR SUBSTITUTE W — 9 ........................... .............................36
ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS ...........................37
ATTACHMENT 8: REFERENCE QUESTIONNAIRE ....................... .............................39
ATTACHMENT 9: Risk & Value Add Assessment Form
Exhibit A — Project Phasing Map
FPL Preliminary Plans
z
t
Legal Notice.
16A11
Pursuant to approval by the County Manager, Sealed Proposals to provide Construction
Engineer and Landscape Inspection Services and Site Restoration Services will be received
until 3:00 p.m. Naples local time, on August 4, 2011 at the Collier County Government,
Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.
CCNA Solicitation RFP 11 -5724
Construction Engineer and Landscape Inspection Services and Site Restoration
Services for Vanderbilt Beach MSTU: FPL Underground Conversion Phase 1, 2, 3
Services to be provided shall include, but not be limited to the following: Construction
Engineering Inspection Services associated with the burial through trenching and directional
boring of the Florida Power & Light/Comcast Utility lines. Landscape Architectural Site
Restoration Services associated with the burial through trenching and directional boring of the
Florida Power & Light/Comcast Utility lines.
A pre - proposal conference will not be held for this solicitation. All statements shall be made
upon the official proposal form which must be obtained only on the Collier County Purchasing
Department E- Procurement website: www.colliergov.net/bid.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: /S/ Stephen Y. Carvell, C.P.M.
Purchasing & General Services Director
This Public Notice was posted on the Collier County Purchasing Department website:
www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G ", Collier County
Government Center on July 12, 2011.
16 Al
Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Growth Management Division Alternative Transportation
Modes 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 or Scope of
Work stated herein.
Brief Description of Purchase
The Project includes the documentation of tasks. The consultant is to provide a pre- construction
video of the right of way and properties directly adjacent to the right of way. The Project
includes the restoration, construction, testing and repair of the Vanderbilt Beach MSTU: FPL
Underground Conversion Phase 1, 2, 3 right of way and adjacent properties that are affected by
the Florida Power and Light (FP &L) /Comcast work in accordance with plans and technical
specifications prepared by FP &UComcast. The Project will commence according to the FP &L
schedule. It is the County's intent to protect the existing asbestos water main and minimizing
impact to the adjacent properties. (See Exhibit A: Project Phasing Plan)
The design, construction, and implementation of Phase I will be installed by FP &UComcast.
FP &L will begin and complete construction and Comcast will follow. The County plans to
evaluate the operation of Phase I before, during, and after completion. (See Exhibit A: Project
Phasing Plan)
The Construction Engineer Inspection Services and Landscape Architect Site Restoration
Services associated with the burial of the utility lines through trenching and directional boring
consists of the following elements:
1. Documentation: Consultant to video tape work areas prior to construction provides
photographs during construction of the work areas, and upon completion.
2. All of the existing FPL poles on Gulf Shore Drive to be removed by a subcontractor
selected. Engineer consultant responsible for oversight and protection of the existing
utilities and have all certifications associated with Asbestos abatement for asbestos
water pipe. The landscape architect is to oversee the restoration of the right of way
landscape, irrigation, and site repairs.
3. Protection of each pole site includes all other utility equipment and associated
connections, control panels, existing paving, lighting, and landscaping.
4. Oversight and documentation of the installation of FP &UComcast conduit and boxes
to be installed along Gulf Shore Drive.
5. There is an existing asbestos water main; caution must be taken not to damage the
line.
6. Direction must be given to FP &UComcast to ensure the protection of the existing
utilities, oversight of the FP &UComcast installation and documentation of all existing
conditions in order to restore the landscape, irrigation, lighting, paving, and all other
site amenities to its original condition.
7. Future screening of the proposed switch boxes and irrigation may be required. All
new proposed landscape and irrigation plans must be designed by a Florida licensed
landscape architect.
16A11
8. Oversight and documentation of direction bore logs and preparation of as -built
drawings for new FP &L /Comcast directional bores, trenched pvc cross- connections,
switch boxes, and all other associated equipment.
9. Working knowledge of all FP &L /Comcast plans, and agreements for work within the
right of way.
10. FP &L/Comcast will be required to obtain a right of way permit. As -built record
drawings will be required of each utility upon completion. It is the responsibility of the
consultant to verify the as -built information prior to submittal (AutoCad and pdf
format).
Background
The Vanderbilt Beach MSTU: FPL Underground Conversion Phase 1, 2, 3 provides hurricane
protection and aesthetic improvements. There is an existing asbestos water main within the
work zone requiring that the consultant is a State of Florida certified asbestos consultant under
the rules and regulations of Chapter 469 of the Florida Statutes and Rule 61E1 of the Florida
Administrative Code.
Detailed Scope of Work
Construction Engineering Inspection Services associated with the burial of the FP &L/Comcast
utility lines through trenching and directional boring. Landscape Architectural Site Restoration
Services associated with the burial of the FP &L /Comcast utility lines through trenching and
directional boring.
The CEI services will include the following tasks:
Task 1 — CEI Construction Video and Coordination of Project
Task 2 — Detailed Construction Observation and Documentation
Task 3 — CEI Project Management Services
Task 4 — Additional Services
TASK 1— CONSULTANT (CEI) PRE - CONSTRUCTION VIDEO AND PHOTOGRAPHS
1.1 It shall be the Consultant's responsibility to provide a preconstruction video tape in DVD
format documenting the condition of the project area prior to commencement of any work. This
video tape should capture pre - project conditions of all private property adjacent to the proposed
project area and public property in the right of way with the intent to document all existing
conditions for use in resolving any post - project private or public property alleged damage
claims. The video is to be submitted to the Project Manager prior to construction
commencement for the Project file at no additional cost.
1.2 Pre - Construction Photographs: It is the consultant's responsibility to provide construction
progress photographs that help visualize the worksite conditions. Photographs shall be taken.
prior to construction commencement, during and after all milestones and construction steps.
These pictures must be in digital format, date stamped, 3 Mega pixels minimum resolution, in
color, and submitted once a week on Wednesday via e-mail or recorded on a CD to the
attention of the Project Manager.
TASK 2 — DETAILED OBSERVATION AND DOCUMENTATION
The Consultant will provide Construction Inspectors to observe all construction and testing
activities related- to the project, including work surrounding the existing asbestos pipe,
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installation of related utility boxes, existing driveways, landscape and irrigation systems,
miscellaneous masonry and concrete work associated with the trenching and directional bore
activity of the power line burial, and video and testing of existing utilities and improvements
within the right of way. Construction documentation will be prepared on the day the construction
activity takes place. All construction documentation and preparation of work orders associated
with the restoration will be provided to the County not later than the first working day of the
following week or more frequently if requested by the County.
The Consultant will provide the following services.
2.1 - Construction Observation — The consultant will conduct on -site observations and
inspections of all construction activities on the Project to ensure that all work is completed in
accordance with the contract documents submitted to Collier County by FP &L /Comcast. The
Consultant will inform an on -site representative of the construction contractor of any concerns
related to conformance of the work with the contract documents (a concern or an issue) as an
attempt to resolve any concern or issue on -site. If the concern or issue is not immediately
resolved in the field, the Consultant shall inform the County about the concern or issue within
four (4) business hours of the finding.
On a twenty -four (24) hours basis, the Consultant may be required to travel to the site
immediately to meet with the Project Manager, law enforcement or emergency personnel to
resolve an emergency. The Contractor shall respond to a telephone, beeper and the return
calls shall be made within one (1) hour of notification. There shall be no additional charge for
these responses.
The Consultant will be responsible for investigating the concern or issue and resolving the same
through an oral or written directive to the construction contractor and so inform the County. This
protocol will be initiated any time the Consultant 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.
2.2 - Daily Log and Construction Documentation — Each Consultant will prepare a daily log
recording all activities and details related to the work completed during each day on a form
approved in advance by the County. Information will be recorded in the daily log on each day
construction activities occur. The daily log entries will record all aspects of the construction
during that day including, but not limited to: construction crew (labor) details, equipment used,
materials used, compliance testing and inspection performed, site conditions, trench conditions,
backfill material used, dewatering methods, compaction methods, location of the work, and all
relevant details related to the Work. The Daily Log will reference the digital photographs and or
video taken with appropriate file names and file locations. In addition to the construction details,
the daily log will contain information related to: time and hours on the job site, weather
conditions, data pertaining to questions of quantities of materials used, extras or deductions, list
of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors,
observations in general and specific observations in more detail as in observing test
procedures, conformance inspection of materials and fitting, name plate data for equipment and
material installed, and other information requested by the County. The daily log, photograph
files and other construction documentation will be provided to the County by the Consultant on a
weekly basis on the first day of the week following the week of daily logs.
2.3 - Photographic Record — Each Consultant will provide a comprehensive digital photographic
record of all construction activities related to the project. The digital file names will be
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referenced in the daily log along with a brief description of the photograph, the date and time of
the photograph and the name of the photographer. The digital files will be transferred to a
digital CD and submitted weekly to the County along with the construction documentation. The
photographs will be printed in high resolution color, two captioned photos per 8' /z" x 11" sheet,
printed one side only. The prints will be provided to the County weekly with the construction
documentation. Video will be provided in digital format.
2.4 - General Coordination —The Consultant will coordinate all activities related to the multiple-
Beneficial Use of completed segments of the Project during Phase 1, between the construction
contractor and the County. The Consultant 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.
2.5 - Observe Regulatory Agency Inspections — The Consultant will accompany visiting
inspectors representing any regulatory agencies having jurisdiction over the Project and will
record all discussions and the outcome of these regulatory inspections in the daily logs.
2.6 - Construction Progress Meetings — The Consultant will coordinate weekly progress
meetings chaired by the County's Project Manager, with the construction contractor and the
County to review project status and identify issues that may affect the Project. The Consultant
will prepare a draft Agenda at least two 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 County and the
construction contractor.
2.7 - Substantial Completion Inspections — The Consultant will conduct substantial completion
inspections when requested by the construction contractor and coordinated with FP &L/
Comcast and recommends that the work is sufficiently complete to warrant a substantial
completion inspection. During the substantial completion inspection the Consultant will prepare
a punch list of items requiring completion or correction to the satisfaction of the County. The
Consultant will be responsible for maintaining the punch -list and issuing updates to the punch -
list on a weekly basis. The Consultant will coordinate and participate in the final walk- through to
ensure that the punch -list items are completed to the satisfaction of the County. All services
related to the Substantial Completion Inspection shall be provided separately for Vanderbilt
Beach MSTU: FPL Underground Conversion project: FP &L/Comcast, Landscape, Irrigation, and
Incidental Restoration Installation as a result of the Phase 1 Project. Coordinate close out of
building and right of way permits
2.8 — Final Completion Inspection - Upon the request of the construction contractor and
concurrence of the Consultant and the County, the Consultant 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 Consultant will judge the
work complete or not complete. If the work is judged complete, the Consultant will issue a
"notice of final acceptance and recommendation for final payment ". If the work is judged not
complete, the Consultant 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
Consultant can issue a "notice of final acceptance and recommendation for final payment ". All
services related to the Final Completion Inspection shall be provided separately for Vanderbilt
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Beach MSTU: FPL Underground Conversion project: FP &L/Comcast, Landscape, Irrigation, and
Incidental Restoration Installation.
2.9 — Final Construction Certification — Upon issuance of a "notice of final acceptance and
recommendation for final payment" the Consultant will provide a Florida Registered signed and
sealed certification by a professional Florida Licensed Consultant 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 ". All services related to the Final Construction Certification shall be provided
separately for Phase I - FP &L/Comcast, Landscape, Irrigation, and Incidental Restoration
Installation as a result of the Phase I Project.
TASK 3 — CEI PROJECT MANAGEMENT SERVICES
3.1 - General Management and Oversight — The Consultant will provide support services
customarily related to the construction observation and inspection of similar projects also
including, but not limited to:
a) Schedule and attend all progress meetings and conferences with the County and
contractors. Prepare agenda and distribute meeting minutes. Coordinate all
subsequent meetings, prepare agenda and distribute meeting minutes. Prepare a
list of issues needing resolutions after every meeting and ensure that they are
fulfilled.
b) Attend monthly In- Progress Review (IPR) meetings with the County to update the
Project Delivery Team on the status of the Project during construction.
c) Participate in pre - construction coordination meetings with the County,
FP &L /Comcast. Participate in other meetings as described or implied herein.
Prepare and submit monthly construction summary reports to the County.
d) Attend all project meetings in order to monitor progress, respond to field issues,
communicate with the contractor, and coordinate communications with the
contractor, project manager, and operational staff at County and DEP as needed.
e) Respond to Requests for Information from the contractor within three working days.
Coordinate requests with project manager and operational staff at Collier County.
f) The consultant is to review and recommend the approval of payments due to the
construction contractor for site restoration within the right of way. The Consultant's
recommendation of any payment requested in an application for payment shall
constitute a representation by the Consultant to the County as an experienced and
qualified professional, that based on Consultant's onsite observations and
inspections of construction in progress; that the construction quantities in the
applications for payment accurately reflects the progress of the work and that the
work is constructed in accordance with the Contract Documents. The Consultant will
process pay requests in accordance with the Florida Prompt Payment Act. All
incoming pay requests processed by the Consultant shall be mechanically stamped
with the date received. Final pay requests will be processed by Collier County.
g) Provide construction contract administration consisting of:
1. Review of payment applications, if needed.
2. Review of construction schedule updates and field progress.
3. Review of change order requests and preparation of change orders, if
needed.
4. Assistance in administration of additional work under the Contract
Allowance Bid item.
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5. Review, preparation, implementation, and restoration of right of way
site to the original condition.
6. Review record drawings for completeness and accuracy on a daily
basis.
h) Coordinate all construction field activities with the County staff with adequate
notification and coordination.
i) Coordinate all issues with the Owner, FP &UComcast, other Utilities that may bury
their lines during the timeframe (Fibernet, Nuvu) and property owners who have
been negatively affected by the construction. This will involve the restoration of those
affected areas. Provide timely review, recommendations and approval of shop
drawings and submittals.
j) Respond to Requests for Information from the contractor within three working days.
Coordinate requests with the project manager, operational staff at Collier County and
DEP staff, as needed.
k) The Consultant 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 Consultant.
1) Conduct daily fulltime site observation of construction and provide daily reports with
photographs to the County.
m) Provide a professional State of Florida registered engineer(s)( Chapter 471, Florida
Statutes, Chapter 61G15 Florida Administrative Code) and State of Florida
registered Landscape Architect(s) (Chapter 481, Part 11, Florida Statutes, Chapter
61G10 Florida Administrative Code) as needed to prepare work orders and
inspections for field progress. The engineer is to possess all DEP asbestos
certifications and related experience. The landscape architect is responsible for
preparation, implementation, and acceptance of restoration work associated with the
burial of power lines.
n) Within one week after the construction contractor notifies the Consultant and the
County that the Work on the Project (for each Phase) is substantially complete in
accordance with the contract documents, the Consultant will provide a signed and
sealed certification by a professional consultant 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 for
each licensed discipline.
o) The firm's staff assigned to this project must be available 24/7 during the duration of
the project.
3.2 — Coordination of Shop Drawings, Contract Interpretations and Clarifications — The
Consultant will coordinate with the issuance of interpretations and clarifications of Contract
Documents during construction. The consultant shall be responsible for technical review and
decisions regarding interpretation and clarification of Contract Documents. The Consultant shall
coordinate decisions and responses with the construction contractor.
3.3 - Monitor Project Records — The Consultant shall monitor all required Project records,
including but not limited to delivery schedules, inventories and construction reports.
3.4 — As Constructed Field Drawings — Each Consultant 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 Consultant to
validate the "As Built" documentation provided by the construction contractor. The Consultant
will notify the construction contractor of any differences in the documents maintained by the
general contractor for resolution by the County.
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TASK 4 — ADDITIONAL SERVICES
4.1 — Additional Services (as authorized) — This Scope of Services is intended to describe all
activities related to the construction observation and inspection services to ensure that the
Project is constructed in full accordance with the Contract Documents including the plans and
specifications prepared by FP &L/Comcast. Project Phase Plan is as follows:
Phase I (one): Gulf Shore Drive from Vanderbilt Beach Road to Bluebill Avenue, including side
streets Seabreeze Avenue, Channel Drive and Bayview Avenue. ( +/- 10,000 linear feet)
Phase II (two): Phase II shall include the following streets: Vanderbilt Beach Road from Gulf
Shore Drive to Vanderbilt Drive, S. Bay Drive, Gulf Shore Court, and Center Street: (4,700 linear
feet) and Bluebill Avenue from Gulf Shore Drive to Vanderbilt Drive (2,701 linear feet)
Phase III (three): Vanderbilt Drive from Vanderbilt Beach Road to Bluebill Avenue, Palm Court,
Oak Avenue, Pine Avenue, Bay Side, Lagoon Avenue, Tradewinds, Willet Avenue, Seagull
Avenue, German Avenue, Seabee Avenue, Conners Avenue, Egret Avenue, Heron Avenue,
and Flamingo Avenue (22,850 linear feet).
Phase IV (four): Vanderbilt Drive from Bluebill Avenue, northerly to just south of the
intersection with Wiggin's Pass Road (7,900 linear feet). The contract phases may be amended,
dependent Project Manager approval and budget availability.
In the event that other services related to the burial of the power line and restoration of the
existing site may arise during the course of the work, but were not envisioned as part of the
original or amended scope of work; the Consultant shall submit a proposal to perform Additional
Services prior to the performance of the work. The proposal shall include the specific services to
be performed, time to complete, compensation, and an explanation as to why the services were
not previously envisioned as part of the scope of work. The proposed Additional Services must
be approved by the County's Project Manager in writing in advance of performance of said
Additional Services. Failure to notify the County in writing of Additional Services shall be
deemed a waiver of any claim by the Consultant that such services were Additional Services.
Written authorization from the County will be required for any charges that exceed the
predetermined upper limit.
Term of Contract
The contract term, if an award is made it is intended to be for one year with three (1) year
renewals. Prices shall remain firm for the initial term of this contract. Requests for
consideration of a price adjustment must be made on the contract anniversary date, in writing,
to the Purchasing Director. Price adjustments are dependent upon budget availability and
program manager approval. Surcharges will not be accepted in conjunction with this contract,
and such charges should be incorporated into the pricing structure.
Projected Solicitation Timetable
The following projected timetable should be used as a working guide for planning purposes
only. The County reserves the right to adjust this timetable as required during the course of the
RFP process.
Event- Date,
Issue Solicitation Notice 7/12/11
10
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Last Date for Receipt of Written Questions
5:00 pm 7/28/11
Non-mandatory re- solicitation meeting
N/A
Addendum Issued
By
7128/11
Solicitation Deadline Date and Time
3:00
pm 8/4/11
Anticipated Evaluation of Submittals
Aug
2011
Anticipated Completion of Contract Negotiations
Aug
2011
Anticipated Board of County Commissioner's Approval Date
Se
t 2011
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.
The items listed below shall be submitted with each proposal and should be submitted in the
order shown. Each section should be clearly labeled, with pages numbered and separated by
tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal.
1) Tab I, Cover Letter / Management Summary
Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying
philosophy of the firm in providing the services stated herein. Include the name(s), telephone
number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of
a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of
this RFP.
2) Tab II: Proiect Understanding (30 points, 3 pages maximum). Complete and submit
Risk and Value Add form — see Attachment 9. The proposal will be assessed -1 point for each
additional page over the described limit. The following should be addressed:
• Proposer shall include a description of how the project will be approached.
• Include options to be considered and the issues to be resolved.
• Specifically address how the CEI team will track the Contractor's actual progress against
baseline schedule so that it will comply with the project requirements.
• Present solutions to any anticipated issues.
• Provide the methods to be used in identifying existing utilities and avoiding construction
conflicts.
11
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Identify and prioritize the risks (list the greatest risks first) that may be a pediment to the
success of the identified scope of work. The proposer may add /delete additional rows to identify
additional risks, solutions, and value added options, but do not exceed the 3 -page limit. The
page limit includes Risk Assessment and Value Added items, combined.
The Selection Committee shall review the Risk and Value Add Assessment and will score each
vendor's submittal in this Tab I by assigning the following value:
1 = risk and value add documentation is not significant / not dominant (points
awarded 1);
15 = risk and value add documentation is average significance / dominance (points
awarded 15) ; or
30 = risk and value add documentation is significant / dominant (points awarded 30).
3) Tab III: Firm Profile and Assigned Staff Experience Profile (30 points, 5 Page
Maximum) Provide information that document's your firm's qualification to produce the
required deliverables, including abilities, capacity, skill and financial strength in response to the
items below.
1. Identify the number of the firm's licensed engineer(s) who also
maintain DEP asbestos certification and experience.
2. Number of years of Florida experience that the team has with DEP
asbestos abatement.
3. Number of similar CEI project in Collier and Lee County from 1/1/06
— 12/31/10 (with a construction value of $1M or more).
• Attach a summary of 10 %, or five (5) of the company's projects
identified in #2 as back -up.
4. Number of roadway utility construction design or CEI projects in
Collier and Lee County from 1/1/06 — 12/31/10 that includes FDOT
and DEP requirements (with a construction value of $1 M or more).
• Attach a summary of 10 %, or five (5) of the company's projects
identified in #3 as back -up.
5. Identify the number of technical staff assigned to this project
(including, but not limited to engineers (specify discipline), landscape
architects, supervisors, estimators, inspectors) if awarded a contract
for this RFP.
• Attach a summary five (5) of the landscape architect (or
company's) projects identified in #4 as reference.
TOTAL (add 1 + 2 + 3 + 4)
Include resumes of proposed technical staff identified in item number 4 above.
• Name and title
• Job assignment for other projects
• Percentage of time to be assigned full time to this project
• How many years with this firm
• How many years with other firms
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• Experience — Types of projects, size of projects (dollar value and SF of project),
describe specifics of project involvement
• Education
• Active registration (P.E., etc.)
Prior to the Selection Committee reviewing proposals, the following methodology will be applied
to each vendor's information provided in this area in the requested information 1 — 4 above:
• The County shall list the TOTAL Firm Profile and Assigned Staff Experience
Profile by firm from highest TOTAL to lowest TOTAL.
• The highest number of points (40) will be awarded to the firm who has the greatest
TOTAL.
• The next highest firm's TOTAL will be divided by the highest firm's TOTAL which will
then be multiplied by 40 points to determine the next firm's Points Awarded. Each
subsequent firm's TOTAL will be calculated in the same manner.
• Points awarded will be extended to the first decimal point (per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be distributed
among the six proposers.
Firm Name
Firm's TOTAL
Points Awarded
Vendor123
375
30
Vendor456
350
28
Vendor 789
225
18
Vendor101
225
18
Vendor 201
111
8.9
The Points Awarded by vendor will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the vendor's proposal to
ensure consistency and completeness of all responses in the RFP, and review the Points
Awarded per vendor. The Selection Committee may, at their sole discretion, adjust the points
awarded after a thorough review of the proposal and prior to final ranking by the Selection
Committee
4. Tab IV, Experience and Capacity of Firm (20 Points Maximum /5 Page Limitation)
Provide information that documents your firm's and subcontractors' qualifications to produce the
required deliverables, including abilities, capacity, skill, and financial strength in providing the
required services. Also describe the various team members' successful experience in working
with one another on previous projects. On a separate page, describe the nature of the changes,
and were the changes owner or consultant initiated.
List. Current Pro "ects in the Format Identified Below
Final Number of
Project Original Change Orders
Description Budget
Start. Date End Date.. Project
& Dollar
Costa Amount
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5) Tab V, Office Location & Responsiveness (Maximum 10 Points /1 Page Limit)
Rating will be based on ease of contract administration and responsiveness both during the
project and after the project is completed. The proposer with the Project Coordinator located in
Southwest Florida (i.e., Collier, Charlotte, Hendry or Lee Counties) will receive 10 points.
Proposers' principal offices and /or key personnel in other areas will receive fewer points
6). Tab VI, References — 5 Completed and Returned (10 Points Maximum)
In order for the vendor to be awarded any points for this tab, the County requests that the
vendor submits five (5) completed reference forms from clients whose projects are of a similar
nature to this solicitation as a part of their proposal. Provide at least three (3) different project
manager references. The County will only use the methodology calculations for the first five (5)
references (only) submitted by the vendor in their proposal.
Prior to the Selection Committee reviewing proposals, the following methodology will be applied
to each vendor's information provided in this area:
• The County shall total each of the vendor's five reference questionnaires and create
a ranking from highest number of points to lowest number of points. References
marked with an N/A (or similar notation will be given the score of zero (0)). Vendors
who do not turn in reference forms will be counted as zero (0).
• The greatest number of points allowed in this criterion will be awarded to the vendor
who has the highest score.
• The next highest vendor's number of points will be divided by the highest vendor's
points which will then be multiplied by criteria points to determine the vendor's points
awarded. Each subsequent vendor's point score will be calculated in the same
manner.
• Points awarded will be extended to the first decimal point (per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be distributed
among the five proposers.
Vendor Name
Vendor Total Reference
Score
Points Awarded
Vendor ABC
445
10
Vendor DEF
435
9.8
Vendor GHI
425
9.6
Vendor JKL
385
8.7
Vendor MNO
385
8.7
Note: Sample chart reflects a 10 point reference criterion.
The points awarded by vendor will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the vendor's proposal to
ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per
vendor. The Selection Committee may, at their sole discretion, contact references, and /or
modify the reference points assigned after a thorough review of the proposal and prior to final
ranking by the final Selection Committee.
6. Tab VI, Acceptance of Conditions
Indicate any exceptions to the general terms and conditions of the RFP, and to insurance
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requirements or any other requirements listed in the RFP. If no exceptions are indicated in this
tabbed section, it will be understood that no exceptions to these documents will be considered
after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in
evaluation point deduction(s) and /or exclusion of proposal for Selection Committee
consideration, depending on the extent of the exception(s). Such determination shall be at the
sole discretion of the County and Selection Committee.
1. 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
• Attachment 8: Reference Questionnaire
• Other: Licenses, certifications, etc.
15
Exhibit II: General RFP Instructions
1. Questions
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Direct questions related to this RFP to the Collier County Purchasing Department E-
Procurement website: www.coiliergov.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.
6. Delivery of Proposals
All proposals are to be delivered before 3:00 pm, Naples local time, on or before August 4,
2011 to:
Collier County Government Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Brenda Brilhart, Procurement Strategist
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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 five (5) paper copies with one copy clearly labeled "Master," and
one (1) compact disks (CD's) with one copy of the proposal on each CD in Word,
Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope.
7. Validity of Proposals
No proposal can be withdrawn after it is filed unless the Vendor makes their request in
writing to the County prior to the time set for the closing of Proposals. All proposals shall be
valid for a period of one hundred eighty (180) days from the submission date to
accommodate evaluation and selection process.
8. Method of Source Selection
The County is using the Competitive Sealed Proposals methodology of source selection for
this procurement, as authorized by Ordinance Number 87 -25, and Collier County Resolution
Number 2006 -268 establishing and adopting the Collier County Purchasing Policy. The
County may, as it deems necessary, conduct discussions with qualified Vendors determined
to be in contention for being selected for award for the purpose of clarification to assure full
understanding of, and responsiveness to solicitation requirements.
9. Evaluation of Proposals
Collier County will evaluate and select these Services in accordance with Florida Statute
287.055, Consultants' Competitive Negotiation Act. The County's procedure for selecting is
as follows:
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.
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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 presentations.
8. The Selection Committee, as approved by the County Manager, will review, evaluate
and rank all responsive proposals received from Proposers responding to this RFP.
The committee members shall score each Proposal in accordance with the rating
criteria set forth below and may, at their discretion, schedule presentations from any
firms submitting a proposal. The Selection Committee will rank qualified firms in
order of preference and by consensus using all information presented to the
Committee, choose the top ranked firm and will subsequently enter into negotiations
with the top ranked firm. Award of the contract is dependent upon the successful and
full execution of a mutually agreed contract.
9. Negotiations shall begin with the top - ranked firm(s) in accordance with Florida
Statute 287.055.
10. Upon the successful completion of negotiations, contracts will be presented to the
Board of County Commissioners for approval.
The County reserves the right to withdraw this RFP at any time and for any reason, and
to issue such clarifications, modifications, addendums, and /or amendments as it may
deem appropriate, including, but not limited, to requesting supplemental proposal
information.
Receipt of a proposal by the County or a submission of a proposal to the County offers
no rights upon the Vendor nor obligates the County in any manner. Acceptance of the
proposal does not guarantee issuance of any other governmental approvals. Proposals
which include provisions requiring the granting of zoning variances shall not be
considered.
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.
Evaluation Criteria Points
Project Understanding 30
Firm Profile 30
Experience & Capacity 20
Office Location & Responsiveness 10
Customer and Reference Listing 10
TOTAL 100
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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 re- solicit for proposals, if desired, and upon recommendation and
justification by Collier County to accept the proposal which in the judgment of the County is
deemed the most advantageous for the public and 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 re- advertise using the same or revised
documentation, at its sole discretion.
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a
4
Exhibit III: Collier County Purchase Order Terms and Conditions
Offer
This offer is subject to cancellation by the
COUNTY without notice if not accepted by
VENDOR within fourteen (14) days of issuance.
Acceptance and Confirmation
This Purchase Order (including all documents
attached to or referenced therein) constitutes
the entire agreement between the parties, unless
otherwise specifically noted by the COUNTY on
the face of this Purchase Order. Each delivery of
goods and /or services received by the COUNTY
from VENDOR shall be deemed to be upon the
terms and conditions contained in this Purchase
Order.
No additional terms may be added and Purchase
Order may not be changed except by written
instrument executed by the COUNTY. VENDOR
is deemed to be on notice that the COUNTY
objects to any additional or different terms and
conditions contained in any acknowledgment,
invoice or other communication from VENDOR,
notwithstanding the COUNTY'S acceptance or
payment for any delivery of goods and /or
services, or any similar act by VENDOR.
Inspection
All goods and /or services delivered hereunder
shall be received subject to the COUNTY'S
inspection and approval and payment therefore
shall not constitute acceptance. All payments are
subject to adjustment for shortage or rejection.
All defective or nonconforming goods will be
returned pursuant to VENDOR'S instruction at
VENDOR'S expense.
To the extent that a purchase order requires a
series of performances by VENDOR, the
COUNTY prospectively reserves the right to
cancel the entire remainder of the Purchase
Order if goods and /or services provided early in
the term of the Purchase Order are
non - conforming or otherwise rejected by the
COUNTY.
Shipping and Invoices
a) All goods are FOB destination and must be
suitably packed and prepared to secure the
lowest transportation rates and to comply
with all carrier regulations. Risk of loss of
any goods sold hereunder shall transfer to
the COUNTY at the time and place of
delivery; provided that risk of loss prior to
actual receipt of the goods by the COUNTY
nonetheless remain with VENDOR.
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b) No charges will be paid by the COUNTY for
packing, crating or cartage (unless otherwise
specifically stated in this Purchase Order.
Unless otherwise provided in Purchase
Order, no invoices shall be issued nor
payments made prior to delivery. Unless
freight and other charges are itemized, any
discount will be taken on the full amount of
invoice.
c) All shipments of goods scheduled on the
same day via the same route must be
consolidated. Each shipping container must
be consecutively numbered and marked to
show this Purchase Order number. The
container and Purchase Order numbers must
be indicated on bill of lading. Packing slips
must show Purchase Order number and must
be included on each package of less than
container load (LCL) shipments and /or with
each car load of equipment. The COUNTY
reserves the right to refuse or return any
shipment or equipment at VENDOR'S
expense that is not marked with Purchase
Order numbers. VENDOR agrees to declare
to the carrier the value of any shipment made
under this Purchase Order and the full
invoice value of such shipment.
d) All invoices must contain the Purchase Order
number and any other specific information as
identified on the Purchase Order. Discounts
of prompt payment will be computed from the
date of receipt of goods or from date of
receipt of invoices, whichever is later.
Payment will be made upon receipt of a
proper invoice and in compliance with
Chapter 218, Fla. Stats., otherwise known as
the "Local Government Prompt Payment Act,"
and, pursuant to the Board of County
Commissioners Purchasing Policy.
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.
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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 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.
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
16 Al
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 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
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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 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.
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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 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.
c) All notices under this Purchase Order shall
be sent to the respective addresses on the
face page by certified mail, return receipt
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 d)
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
e)
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 accordance with
Florida Statute Chapter 112.061, Per Diem
and Travel Expenses for Public Officers,
employees and authorized persons.
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 16 Al I
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 interests' provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows:
Collier County Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in
Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of
the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the
nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of
financial responsibility for such obligations. All self- insured retentions or deductibles will be Vendor's
sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work until
the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Vendor and /or its insurance carrier shall provide thirty (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 herein, the County may
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.
5. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly responsible
for 50% 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
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16 All '
manager to become familiar with local conditions that may in any manner affect performance of the
Work. This site visit shall be documented in writing by the proposer with sign -off by the County project
manager; this documentation shall be submitted with the proposal. The proposal will be deemed non-
responsive if the site visit documentation is not presented to the County in the proposer's submitted
proposal materials. Upon award of the contract, subsequent site visits shall be at intervals appropriate
to the stage of the project, as determined by the County project manager.
No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be
encountered in the execution of the Work pursuant to this Agreement as a result of failure to make the
necessary examinations and investigations shall be accepted as an excuse for any failure or omission
on the part of the awarded proposer, nor shall they be accepted as a basis for any claims whatsoever for
extra compensation or for an extension of time.
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.
Payments will be made for articles and /or services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
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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.
9. 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.
10. 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.
If you have questions regarding professional licenses contact the Contractor Licensing, Community
Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions
regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252 -2477.
11. 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
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16AI I
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.
12. 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.
13. 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.
14. 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.
15. 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.html). A copy of
the document shall be submitted with the solicitation response and the document number shall be
identified. Firms who do not provide the certificate of authority at the time of response shall be required
to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the
document within the referenced timeframe, the County reserves the right to award to another firm.
16. Single Proposal
Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one
proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a
primary or as part of a partnership or joint venture submitting as primary may not then act as a sub -
consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a
primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub -
consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this
requirement will be deemed non - responsive and rejected from further consideration.
In addition, consultants that have participated and /or will participate in the development of
scope, background information or oversight functions on this project are precluded from
submitting a Proposal as either a prime or sub- consultant.
27
16A1g
17. Protest Procedures
Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former,
shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals.
All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time
on the final published date for the acceptance of the Request for Proposals.
The Board of County Commissioners will make award of contract in public session. Award
recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and
Thursdays. Any actual or prospective respondent who desires to formally protest the recommended
contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar
days (excluding weekends and County holidays) of the date that the recommended award is posted.
Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be
given instructions as to the form and content requirements of the formal protest. A copy of the "Protest
Policy" is available at the office of the Purchasing Director.
18. 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.
19. Security and Background Checks
If required, Proposer shall be responsible for the costs of providing background checks by the Collier
County Facilities Management Department, and drug testing for all employees that shall provide services
to the County under this Agreement. This may include, but not be limited to, checking federal, state and
local law enforcement records, including a state and FBI fingerprint check, credit reports, education,
residence and employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least four (4) years.
20. 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.
21. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311.
Violation of this provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and /or any employee of the firm from contact with County staff for a specified period of
time; b. Prohibition by the individual and /or firm from doing business with the County for a specified
28
16AS1
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.
22. 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 does not
comply with providing the acceptable E- Verify evidence and the executed affidavit the bidder'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.
29
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 RFP 11 -5724 - Construction Engineer and Landscape
Inspection Services and Site Restoration Services 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
30
16,
Coter A.1
serwi
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: Brenda Brilhart, Procurement Strategist
CCNA Solicitation: RFP 11 -5724 - Construction Engineer and Landscape
Inspection Services and Site Restoration Services
❑ 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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16A11
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
by
Notary Public
day of 12011,
who is personally known to me to be the
for the Firm, OR who produced the following identification
My Commission Expires
32
16A11
Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: CCNA Solicitation: RFP 11 -5724 - Construction Engineer and Landscape Inspection Services and Site
Restoration Services
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 listed above:
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
2011 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:
33
16A1 1
Additional Contact Information
Send payments to:
(required if different from Company name used as payee
above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
FAX:
Email:
Office servicing Collier
County to place orders
(required if different from
above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
Email:
34
16A1+
Attachment 5: Immigration Affidavit Certification
CCNA Solicitation: RFP 11 -5724 - Construction Engineer and Landscape Inspection Services and Site
Restoration Services
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 proposal.
Company Name
Print Name
Signature
State of
County of
Title
Date
The foregoing instrument was signed and acknowledged before me this day of
2011, 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 guarantee, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
35
16 Al I
t 4
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 Zip
FAX
Email
_Individual / Sole Proprietor
_Corporation
_Partnership
_Tax Exempt (Federal income tax - exempt entity
_ Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c) 3)
Enter the tax classification
(D = Disregarded Entity, C = Corporation, P = Partnership)
3. Taxpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN)
(Vendors who do not have a TIN, will be required to provide a social 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
36
lbpi i
atel- I t
Attachment 7: Insurance and Bonding Requirements
nce / Bond Type -ed Limits
® Worker's Compensation
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory
Limits and Requirements
® Employer's Liability
$1,000,000 single limit per occurrence
® Commercial General Liabil
Bodily Injury and Property Damage
rence Form) patterned after the c
.m
$1,000,000 single limit per occurrence
® Indemnification
To the maximum extent permitted by Florida law, the Contractor/Vendor /Consultant shall
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'
fees and paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor/Vendor /Consultant or anyone employed
or utilized by the Contractor/Vendor /Consultant in the performance of this Agreement.
This indemnification obligation shall not be construed to negate, abridge or reduce any
other rights or remedies which otherwise may be available to an indemnified party or
person described in this paragraph. This section does not pertain to any incident arising
from the sole negligence of Collier County.
® Automobile Liability
$ 1,000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned /Non- owned /Hired; Automobile Included
® Other insurance as noted:
❑ Watercraft $ Per Occurrence
❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each
occurrence if applicable to the completion of the Services under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
® Professional Liability $1,000,000 Per Occurrence
• $ 500,000 each claim and in the aggregate
• $1,000,000 each claim and in the aggregate
• $2,000,000 each claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
❑ Valuable Papers Insurance
$ Per Occurrence
37
16AI I
❑ 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.
❑ Performance and Payment For projects in excess of $200,000, bonds shall be submitted with the executed contract
by Proposers receiving award, and written for 100% of the Contract award amount, the
cost borne by the Proposer receiving an award. The Performance and Payment Bonds
shall be underwritten by a surety authorized to do business in the State of Florida and
otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or
better as to general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy holders'
surplus, all as reported in the most current Best Key Rating Guide, published by A.M.
Best Company, Inc. of 75 Fulton Street, New York, New York 10038.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Vendor shall provide County with certificates of insurance
meeting the required insurance provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate
for Commercial General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners,
OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier
County.
11. ® Thirty (30) Days Cancellation Notice required.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability
may be required within five (5) days of the award of this solicitation.
Name of Firm
Vendor
Signature
Print Name
Insurance
Agency
Agent Name
Date
Telephone
38
Number
16A11
cotwr County
Admishv&e_
Purchasing
Attachment 8: Reference Questionnaire
Solicitation: RFP 11 -5724 - Construction Engineer and Landscape Inspection Services and Site Restoration
Services
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name: Company:
(Evaluator completing reference questionnaire) (Evaluator's Company completing reference)
Email: FAX: Telephone:
Collier County is implementing a process that collects reference information on firms and their key personnel to
be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above
has listed you as a client for which they have previously performed work. Please complete the survey. Please
rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very
satisifed (and would hire the firm /individual again) and 1 representing that you were very unsatisfied (and would
never hire the firm /indivdival again). If you do not have sufficient knowledge of past performance in a particular
area, leave it blank and the item or form will be scored "0."
Project Description:
Project Budget:
Change Orders - Dollars Added :
Completion Date:
Project Number of Days:
Change Orders - Days Added:
Item
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 manse personnel.
6
Close out project process (final product turnover; invoices; manuals or
going forward documentation, etc.
7
Ability to verbally communicate and document information clearly and
succinctly.
8
Abiltity to manage risks and unexpected project circumstances.
9
Ability to follow County policies, procedures, rules, regulations, etc.
10
Overall comfort level with hiring the company in the future (customer
satisfaction).
TOTAL SCORE OF ALL ITEMS
Please FAX this completed survey to:
By
39
16A11
Attachment 9: Risk and Value Add Assessment
This template must be used. Please identify and prioritize the risks (list the greatest risks first) that may be a
pediment to the success of the identified scope of work. The proposer may add /delete additional rows to
identify additional risks, solutions, and value added options, but do not exceed the page limit. The three page
limit includes Risk Assessment and Value Added items, combined.
Major Risk Items
Risk 1:
Solution:
Risk 2:
Solution:
Risk 3:
Solution:
Risk 4:
Solution:
Value Added Options
Proposers should identify any value added options or differentials that they are proposing, and include a short
description of how it adds value to the completion of this scope of work. Identify if the items will increase or
decrease the County's scope of work schedule. The proposer may add /delete additional rows to identify
additional risks, solutions, and value added options. The 3 -page limit includes Risk Assessment and Value
Added items, combined.
Item 1:
Impact:
Item 2:
Impact:
Schedule (Days)
Schedule (Days)
Item 3:
Impact: Schedule (Days)
Item 4:
Impact: Schedule (Days)
40
EXHIBIT
PROJECT PHASING MAP 16 A 1
NOTE: This exhibit is for the purposes of Phase One Project only. Final Boundary for Phases 2, 3, and 4 may
vary due to FPL power configuration requirements after final design plans are produced.
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