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Agenda 12/11/2018 Item #16A2312/11/2018 EXECUTIVE SUMMARY Recommendation to authorize the County to issue standard County Purchase Orders by piggybacking off of the pricing obtained from firms that entered into Agreements with the City of Naples’ under its Request for Proposal (“RFP”) 16-014, Building Inspection and Plan Review Services, Library of Firms. OBJECTIVE: To provide additional State licensed building inspectors and plan reviewers in support of the Growth Management Department’s (“GMD”) staff, to offset the increase in the volume of inspections and permits associated with the recovery from Hurricane Irma. CONSIDERATIONS: GMD currently utilizes a Board of County Commissioners (Board) approved agreement with Nova Engineering and Environmental, LLC. (Nova), for its building inspections and plan review services. Nova is currently providing GMD with all available staff members for building permit processing, review, and inspections. With the level of demand for building inspections and plan review services still very high, Nova has been unable to consistently meet the County’s staffing demands to augment current staffing levels during the continued increase in construction activity and recovery repairs from Hurricane Irma. The City of Naples issued RFP No. 16-014 on December 17, 2015, seeking Building Inspection and Plan Review Services - Library of Firms, which sought qualified firms that could provide permit inspection and plan review services to the City to supplement its support staff in the event of personnel shortages or any other emergency staffing needs. In part, the RFP included at numbered paragraph 27, page 5, a provision allowing that the successful vendors’ offers could be extended to other governmental entities and that the City “encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer.” Section 11.4 of the County’s Procurement Ordinance No. 2017-08, as amended, allows the Procurement Services Division to recommend the use of contracts, agreements and price lists that have been competitively solicited through a purchasing consortium or another public agency to secure the effective and efficient procurement of goods and services. GMD is requesting that the Board authorize the County to issue Purchase Orders using the County’s Standard Terms and Conditions and utilizing the competitively procured pricing obtained by the City of Naples in its agreements with each of the below firms; which includes four additional vendors aside from the one currently being used by the County. Authorization to issue County Purchase Orders using the pricing included in the City’s agreements would provide GMD with the ability to further supple ment staffing requirements during peak demand periods for building plan review and inspection services. The City of Naples has approved agreements for these services, with the following firms: 1. Nova Engineering and Environmental, LLC 2. Calvin, Giordano and Associates, Inc. 3. C.A.P. Government, Inc. 4. Bureau Veritas North America, Inc. 5. GFA International, Inc. Copies of all those Agreements are attached. 16.A.23 Packet Pg. 1345 12/11/2018 FISCAL IMPACT: In FY18 $545,632 was spent with Nova Engineering and Environmental, LLC, which included $29,728 that was used for Hurricane Irma damage assessment. The FY19 approved budget for plan review and inspection services is $700,000. Any costs incurred by utilizing the additional building plans review and inspection vendors are fully funded and budgeted in Fund 113 for FY19. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: To authorize the County to issue standard County Purchase Orders by piggybacking off of the pricing obtained from firms that entered into Agreements with the City of Naples’ under its Request for Proposal (“RFP”) 16-014, Building Inspection and Plan Review Services, Library of Firms. Prepared by: Stephanie Amann, Manager, Financial & Operational Support, Growth Management Department ATTACHMENT(S) 1. 162 Piggyback - City of Naples - Multiple Vendors (PDF) 2. 05-03 FY18 PC CM 16-014 Amendm First Calvin Clerk 16-018 exp 09-30-19 dkg 05-07-18 (PDF) 3. 02-03 FY16 PC CC Exec RFP 16-014 Agreem Calvin Clerk 16-018 exp 09-30-19 gls 02-22-16 (PDF) 4. 02-03 FY16 PC CC Exec FWQ 16-014 Agreem C.A.P. Clerk 16-019 gls 02-22-2016 (PDF) 5. 02-03 FY16 PC CC Exec RFP 16-014 Agreem Bureau V Clerk 16-022 exp 09-30-19 gls 02-22- 16 (PDF) 6. 02-03 FY16 PC CC Exec RFP 16-014 Agreem GFA exp 09-30-19 Clerk 16-023 gls 02-23-2016 (PDF) 7. 16-014 Building Inspection and Plan Review Services-Library of Firms RFP (PDF) 16.A.23 Packet Pg. 1346 12/11/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.23 Doc ID: 7481 Item Summary: Recommendation to authorize the County to issue standard County Purchase Orders by piggybacking off of the pricing obtained from firms that entered into Agreements wit h the City of Naples’ under its Request for Proposal (“RFP”) 16-014, Building Inspection and Plan Review Services, Library of Firms. Meeting Date: 12/11/2018 Prepared by: Title: Operations Analyst – Growth Management Operations & Regulatory Management Name: Judy Puig 12/03/2018 8:36 AM Submitted by: Title: Division Director - Operations Support – Growth Management Operations & Regulatory Management Name: Kenneth Kovensky 12/03/2018 8:36 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 12/03/2018 8:38 AM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 12/03/2018 10:13 AM Procurement Services Ted Coyman Additional Reviewer Completed 12/03/2018 10:34 AM Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 12/03/2018 11:35 AM Procurement Services Sara Schneeberger Additional Reviewer Completed 12/05/2018 12:10 PM Procurement Services Catherine Bigelow Additional Reviewer Completed 12/05/2018 12:11 PM County Attorney's Office Scott Teach Additional Reviewer Completed 12/05/2018 2:24 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 12/05/2018 2:38 PM Growth Management Department James C French Deputy Department Head Review Completed 12/05/2018 2:42 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/05/2018 2:57 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/05/2018 3:00 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 12/05/2018 3:01 PM County Attorney's Office MaryJo Brock CAO Preview Skipped 12/05/2018 3:12 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 12/05/2018 4:14 PM Board of County Commissioners MaryJo Brock Meeting Pending 12/11/2018 9:00 AM 16.A.23 Packet Pg. 1347 16.A.23.aPacket Pg. 1348Attachment: 162 Piggyback - City of Naples - Multiple Vendors (7481 : Authorization to issue P.O's utilizing the pricing in the Agreements w/City FIRST AMENDMENT PROFESSIONAL CONSULTANT SERVICES AGREEMENT Clerk Tracking No. o2o/j^- OOOS^9 THIS FIRSTAMENDMENT (the "First Amendment^ to the Contract for Professional Consulting Services is made and entered into this ^A^dav of — 2018 by and between the CITY OF NAPLES, a Florida Municipal Corporatioir (the "CITY"), and CALVIN, GIORDANO & ASSOCIATED, INC., a Florida Profit Corporation, authorized to do business in the State of Florida, whose business address is: 1800 Eller Drive, Suite 600; Fort Lauderdale, Florida 33316 (the "CONSULTANT"). WHEREAS, the CITY and the CONSULTANT entered into that certain Agreement on February 3, 2016; Bid No. 16-014 and Clerk Tracking No. 16-00018 (the "Original Agreement") to furnish Building Permit Inspection and Plan Review Services - Library of Firms (the 'Project'); and WHEREAS, the parties desire to amend the Original Agreement by this First Amendment so that the CONSULTANT will provide additional services pursuant to the terms and conditions contained herein. WHEREAS, the parties are required by 119.0701 F.S. to amend the Original Agreement so that the CITY and CONSULTANT will abide by the terms and conditions contained herein. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, and in consideration of the mutual covenants, promises and conditions herein set forth, it is hereby acknowledged and agreed as follows: 1. The above recitals are true and correct and are incorporated herein by this Reference. 2. "Article Three Section 3.1, Time" shall remain the same as indicated in the original Agreement with a performed through date of September 30, 2019 with the mutually agreed upon option between the CITY and Consultant of two (2) one-year renewals. 3. "Article Four, Compensation" shall be amended for the provision of additional services and their associated hourly rate of $69.25 for Building Permit Inspection and Plan Review Services - Library of Firms by the CONSULTANT. New Agreement Annual dollar amount increases from $50,000.00 to a not to exceed Annual dollar amount of $75,000.00 and shall not exceed the Department's budget. 4. "Article Five, Maintenance of Records" shall be amended to add Articles 5.2 and 5.3 as indicated below and made a part of this Amendment. 5.2 119.0701 F.S. CONTACT INFORMATION FOR CITY OF NAPLES CUSTODIAN OF PUBLIC RECORDS, CITY Rev. 07/01/2016 CA SA Amendment gls/rdp 1 16.A.23.b Packet Pg. 1349 Attachment: 05-03 FY18 PC CM 16-014 Amendm First Calvin Clerk 16-018 exp 09-30-19 dkg 05-07-18 (7481 : Authorization to issue P.O's CLERK'S OFFICE. If the CONSULTANT has questions regarding the application of Chapter 119, Florida Statutes, to the consultant's duty to provide public records relating to this contract, contact the City Clerk, City of Naples Custodian of Public Records, at Telephone; 239- 213-1015, Email: PublicRecordsRequests@naplesqov.com: Address: 735 8th Street South; Naples, Florida 34102. Mailing address: same as street address. 5.3 The CONSULTANT shall: 1. Keep and maintain public records required by the CITY to perform the service. 2. Upon request from the CITY'S custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter 119.0701 F.S. or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONSULTANT does not transfer the records to the CITY. 4. Upon completion of the contract, transfer, at no cost, to the CITY all public records in possession of the CONSULTANT or keep and maintain public records required by the CITY to perform the service. If the CONSULTANT transfers all public records to the CITY upon completion of the contract, the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the CITY'S custodian of public records, in a format that is compatible with the information technology systems of the CITY. 5. The terms of this First Amendment shall control and take precedence over any and all terms, provisions and conditions of Original Agreement which might vary, contradict or otherwise be inconsistent with the terms and conditions hereof. Rev. 07/01/2016 CA SA Amendment gls/rdp 16.A.23.b Packet Pg. 1350 Attachment: 05-03 FY18 PC CM 16-014 Amendm First Calvin Clerk 16-018 exp 09-30-19 dkg 05-07-18 (7481 : Authorization to issue P.O's 6. All of the other terms, provisions and conditions of Original Agreement, except as expressly amended and modified by this First Amendment, shall remain unchanged and are hereby ratified and confirmed and shall remain in full force and effect. 7. This First Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original as against any part whose signature appears thereon and all of which shall together constitute one and the same instrument. IN WITNESS WHEREOF, the CITY and the CONSULTANT have caused this First Amendment to be duly executed by their duly authorized officers, all as of the day and year first above written. CITY; ATTEST? y >- ^ ^O/ '->■ Byj^ PatriciaLt'Karnt>p&k.i City Clefk CITY OF NAPLES, FLORIDA A. William Moss, City Manager Approved as to form and legal sufficiency; By:_ Robert D. Pritt, City Attorney CONSULTANT: CONSULTANT:i/ ] ( 1 j jQI(juo Witness (Signature) Printed Name: Dawn Hopkins CALVIN, GIORDANO & ASSOCIATES, INC. 1800 Eller Drive, Suite 600 Fort Lauderdale, Florida 33316 Attention: Dennis Giordano, President (Stature) Printed Name:Dennis Giordano Title:President FEI/EIN Number: On File A Florida Corporation (FL) Rev. 07/01/2016 CA SA Amendment gis/rdp 16.A.23.b Packet Pg. 1351 Attachment: 05-03 FY18 PC CM 16-014 Amendm First Calvin Clerk 16-018 exp 09-30-19 dkg 05-07-18 (7481 : Authorization to issue P.O's CITY OF NAPLES, FLORIDA AGREEMENT (PROFESSIONAL CONSULTANT SERVICES) Bid/Proposal No. 16-014 Clerk Tracking No . /fp-OQQ/ ~ Project Name: Building Permit Inspection and Plan Review Services -Library of Firms THIS AGREEMENT (the "Agreement") is made and entered into this 3rd day of February 2016 by and between the City of Naples , a Florida municipal corporation , (the "CITY") and Calvin, G io rdano & Assoc iates, Inc., a Florida Profit Corporation , authorized to do business in the State of Florida, whose business address is: 1800 Eller Drive, Suite 600 , Fort Lauderdale , Florida 33316 (the "CONSULTANT"). WHEREAS , the CITY desires to obtain the services of the CONSULTANT concerning certain services specified in this Agreement (referred to as the "Project"); and WHEREAS , the CONSUL TANT has submitted a proposal for provision of those services ; and WHEREAS , the CONSUL TANT represents that it has expertise in the type of consultant services that will be required for the Project. NOW, THEREFORE , in consideration of the mutual covenants and provisions conta ined herein , the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1 . The Services to be performed by the CONSUL TANT are generally described as Building Permit Inspection and Plan Review Services -Library of Firms and may be more fully described in the Scope of Services, attached as EXHIBIT A and made a part of this Agreement. 1.2. The CONSUL TANT 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 , the City of Naples, and in Coll ier County, Florida , including , but not limited to , all licenses required by the respective state boards and other governmental agencies responsible for regulating and licens ing the consultant services to be provided and performed by the CONSULTANT pursuant to this Agreement. This Agreement does not cover Professional Services as outlined in Florida Statute Sec. 287.055 . 1.3 . The CONSUL TANT agrees that , when the services to be provided hereunder relate to a consultant service which , under Florida Statutes , requires a license , certificate of authorizat io n or other form of legal entitlement to practice such services , it shall employ or retain only qual ified personnel to provide such services. 1.4. The CONSUL TANT agrees to employ and designate, in writing , within 5 calendar days after receiving its Notice to Proceed , or other directive from the CITY, a qualified consultant to serve as the Rev. PC 10/13/20 15 gls/rdp -1 - 16.A.23.c Packet Pg. 1352 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Calvin Clerk 16-018 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's CONSUL TANT's project manager (the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSUL TANT with respect to directing , coordinating and administering all aspects of the services to be provided and performed under this Agreement. 1.5. The CONSUL TANT has represented to the CITY that it has expertise in the type of consultant services that will be required for the Project. The CONSUL TANT agrees that all services to be provided by CONSUL TANT pursuant to this Agreement shall be subject to the CITY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida , as may be applied to the type of services to be rendered , as well as in accordance with all published laws , statutes , ordinances , codes , rules , regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by the CONSUL TANT. In the event of any confl icts in these requirements , the CONSUL TANT shall notify the CITY of such confl ict and uti li ze its best profess iona l judgment to advise CITY regarding resolution of the conflict. 1.6. The CONSUL TANT agrees not to divulge , furnish or make avai lable to any third person , firm or organization , without CITY'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 proceed ings where such information has been properly subpoenaed , any non-public information concern ing the services to be rendered by the CONSUL TANT hereunder, and the CONSULTANT shall require all of its employees , agents , sub-consultants and sub-contractors to comp ly with the provisions of this paragraph . However, the CONSUL TANT shall comply with the Florida Pub li c Records laws . 1.7 The CONSULTANT agrees not to employ or offer to employ any Elected Officer or City Managerial Employee of the CITY who in any way deals with , coordinates on , or assists w ith , the consultant services provided in this Agreement , for a period of 2 years after termination of all provisions of this Agreement. For purposes of this paragraph , the term "Elected Officer" shall mean any member of the City Council. For purposes of this paragraph , the term "City Managerial Employee" shall mean the City Manager, the Assistant City Manager, the City Clerk, and any City department head or director. If the CONSULTANT violates the provisions of this paragraph , the CONSUL TANT shall be required to pay damages to the CITY in an amount equa l to any and all compensation which is rece ived by the former Elected Officer or City Managerial Emp loyee of the CITY from or on behalf of the contracting person or entity, or an amount equal to the former Elected Officer's or City Manager ial Employee's last 2 years of gross compensation from the CITY , whichever is greater. 1.8 The CONSUL TANT agrees not to provide services for compensation to any other party other than the CITY on the same subject matter, same project, or scope of services as set forth in this Agreement without approval from the City Council of the CITY. 1.9. Except as otherwise provided in this Agreement , the CONSUL TANT agrees not to disclose or use any information not available to members of the general public and gained by reason of the CONSULTANT's contractual relationship with the CITY for the special gain or benefit of the CONSULTANT or for the special gain or benefit of any other person or ent ity . ARTICLE TWO CITY'S RESPONSIBILITIES 2.1. The CITY shall designate in writing a project coordinator to act as the CITY's representat ive with respect to the services to be rendered under this Agreement (the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions , receive information , interpret and define the CITY's policies and decisions with respect to the CONSUL TANT's services for the Project. Rev . PC 10/13/2015 gls/rd p -2 - 16.A.23.c Packet Pg. 1353 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Calvin Clerk 16-018 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's However, the Project Coordinator is not authorized to issue any verbal or w ri tten o rders or instructions to the CONSUL TANT that would have the effect , or be interpreted to have the effect, of modifyin g or changing in any way whatever: (a) The scope of services to be prov ided and performed by the CONSULTANT; (b ) The time the CONSUL TANT is obligated to commence and complete all such services ; or (c) The amount of compensation the CITY is obl igated or committed to pay the CONSUL TANT. Any such modifications or changes ((a) (b) or (c)) shall only be made by or upon the autho rization of the CITY 's c ity manager as authorized by city council in the enabl ing legis lation or in the CITY 's procurement policies. 2.2. The Project Coordinator shall : (a ) Review and make appropriate recommendations on all requests submitted by the CONSUL TANT for payment for services and work prov ided and performed in acc ordance w ith thi s Agreement ; (b) Arrange for access to and make all provisions fo r the CONSUL TANT to ente r the Project site to perform the services to be provided by the CONSUL TANT under this Agreement ; and (c) Provide notice to the CONSULTANT of any defic iencies or defects d iscovered by the CITY with respect to the services to be rendered by the CONSUL TANT hereunder. 2.3. The CONSUL TANT acknowledges that access to the Project Site , to be arranged by the CITY for the CONSUL TANT, may be provided during times that are not the normal business hours of the CONSULTANT. ARTICLE THREE TIME 3.1. Services to be rendered by the CONSUL TANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the CITY for all or any des ignated portion of the Projects assigned to this Agreement and shall be performed through September 30 , 2019 with the mutually agreed upon option between the CITY and CONSUL TANT of two (2) one - year renewals . T ime is of the essence with respect to the performance of this Agreement. 3.2 . Should the CONSUL TANT be obstructed or delayed in the prosecut ion or completion of its services as a result of unforeseeable causes beyond the contro l of the CONSUL TANT, and not due to its own fault or neglect, including but not restri cted to acts of God or of public enemy , acts of government or of the CITY , fires , floods , epidemi cs, quarantine regulations , strikes or lo ck-outs , then the CONSUL TANT shall notify the CITY in writing within 5 work ing days afte r commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any ri ght whi c h the CONSULTANT may have had to request a time extension. 3.3. No interruption , interference , inefficiency , suspens ion or delay in the commencement or progress of the CONSUL TANT's services from any ca use whatsoever, includin g those for wh ic h the Rev . PC 10/13/2015 gls/rdp -3 - 16.A.23.c Packet Pg. 1354 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Calvin Clerk 16-018 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's CITY may be responsible in whole or in part, shall relieve the CONSUL TANT of its duty to perform or give rise to any right to damages or additional compensation from the CITY . The CONSULTANT's sole remedy against the CITY will be the right to seek an extension of time to its schedule . This paragraph shall expressly apply to claims for early completion , as well as claims based on late completion . 3.4 . Should the CONSUL TANT fail to commence , provide, perform or complete any of the serv ices to be provided hereunder in a timely and reasonable manner, in add ition to any other rights or remedies available to the CITY hereunder, the CITY 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 reasonab ly establ ish to the CITY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FOUR COMPENSATION 4.1 . The total compensation to be paid the CONSUL TANT by the CITY for all Services is not to exceed an hourly rate for each task: Task-1, Inspection Services at $69.25 and Task-2, Plan Review Services at $69.25 and shall be paid in the manner set forth in the "Basis of Compensation " which is attached as EXHIBIT B and made a part of this Agreement. Expend itures for said services shall not exceed a Department's annual Adopted Budget. ARTICLE FIVE MAINTENANCE OF RECORDS 5.1. The CONSUL TANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by the CONSULTANT for a minimum of five 5 years from the date of term ination of this Agreement or the date the Project is completed , whichever is later. The CITY , or any duly authorized agents or representatives of the CITY , shall 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 5 year period noted above ; provided , however, such activity shall be conducted only during normal business hours . If the CONSUL TANT desires to destroy records prior to the min imum period , it shall first obtain permission from the CITY in accordance with the Florida Publ ic Records laws. 5.2 The CONTRACTOR shall : (a) Keep and maintain public records that ordinarily and necessari ly would be requ ired by the CITY in order to perform the service . (b) Provide the public with access to public records on the same ter ms and conditions that the CITY would provide the records and at a cost that does not exceed the establ ished cost of the CITY or as otherwise provided by law. (c ) Ensure that public records that are exempt or confident ial and exempt from public records disclosure requirements are not disclosed except as a uthorized by law. (d) Meet all requirements for retaining public records and transfe r, at no cost , to t he public agency all public records in possession of the contractor upon term ination of the contract and destroy any duplicate public records that are exempt or confident ial and exempt from public records d isclosure requirements . All records stored ele ctron ically must be provided to the CITY in a format that is compatible w ith the information technology systems of the CITY. Rev. PC 10/13/2015 gls/rdp -4 - 16.A.23.c Packet Pg. 1355 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Calvin Clerk 16-018 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's (e) Promptly notify the CITY of any public records request. ARTICLE SIX INDEMNIFICATION 6 .1. The CONSUL TANT agrees to indemnify and hold harmless the CITY from liabilities, damages , losses and costs , including, but not limited to , reasonable attorneys' fees , to the extent caused by the negligence , recklessness , or intentional wrongful misconduct of the CONSULTANT and persons employer or utilized by the CONSUL TANT in the performance of the Contract. ARTICLE SEVEN INSURANCE 7 .1. The CONSUL TANT shall obtain and carry , at all times during its performance under this Agreement , insurance of the types and in the amounts set forth in the document titled General Insurance Requirements, which is attached as EXHIBIT C and made a part of this Agreement. 7.2 In addition to the General Insurance Requirements in Exhibit C the CONSULTANT shall obta in and mainta in Professional Liability Insurance to insure its legal liability for cla ims arising out of the performance of profess ional services under this Agreement. CONSUL TANT waives its right of recovery against OWNER as to any claims under this insurance . Such insurance shall have limits of not less than $1 ,000 ,000 each claim and in the aggregate . ARTICLE EIGHT SERVICES BY CONSULTANT'S OWN STAFF 8.1. The services to be performed hereunder shall be performed by the CONSULTANT's own staff, unless otherwise authorized in writing by the CITY . The employment of, contract with, or use of the servi ces of any other person or firm by the CONSUL TANT, as independent CONSULTANT or otherwise , shall be subject to the prior written approval of the CITY. No provision of this Agreement shall , however, be construed as constituting an agreement between the CITY and any such other person or firm . Nor shall anything contained in th is Agreement be deemed to give any suc h party or any third party any claim or right of action against the CITY beyond such as may otherwise exist without regard to this Agreement. ARTICLE NINE WAIVER OF CLAIMS 9.1. The CONSUL TANT's acceptance of final payment shall constitute a full wa ive r of any and all cla ims , except for insurance company subrogation cla ims , by it against the CITY aris ing out of th is Ag reement or otherwise related to the Project, except those prev iously made in writing and identified by the CONSULT ANT as unsettled at the time of the final payment. Neither the acceptance of the CONSUL TANT's services nor payment by the CITY shall be deemed to be a waiver of any of the CITY's rights against the CONSUL TANT. Rev . PC 10/13/201 5 gls/rdp ARTICLE TEN TERMINATION OR SUSPENSION -5 - 16.A.23.c Packet Pg. 1356 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Calvin Clerk 16-018 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's 10.1 . The CONSUL TANT shall be considered in material default of this Agreement and such default will be considered cause for the CITY to terminate this Agreement, in whole or in part, as further set forth in this section , for any of the following reasons : (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed , or (b) failure to properly and timely perform the seNices to be provided hereunder or as directed by the CITY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by the CONSUL TANT or by any of the CONSULTANT's principals , officers or directors , or (d) failure to obey laws , ordinances , regulations or other codes of conduct , or (e) failure to perform or abide by the terms or sp irit of this Agreement, or (f) for any other just cause. The CITY may so terminate this Agreement, in whole or in part , by giving the CONSULTANT at least 3 calendar days' written notice . 10 .2. If, after notice of termination of this Agreement as provided for in paragraph 10.1 above , it is determined for any reason that the CONSUL TANT was not in default, or that its default was excusable, or that the CITY otherwise was not entitled to the remedy against the CONSUL TANT provided for in paragraph 10.1, then the notice of termination given pursuant to paragraph 10.1 shall be deemed to be the notice of termination provided for in paragraph 10.3 below and the CONSULTANT's remedies against the CITY shall be the same as and limited to those afforded the CONSUL TANT under paragraph 10.3 below. 10.3. The CITY shall have the right to terminate this Agreement, in whole or in part, without cause upon 7 calendar day's written notice to the CONSULTANT. In the event of such termination for convenience , the CONSULTANT'S recovery against the CITY 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 the CONSUL TANT that are directly attributable to the termination, but the CONSUL TANT shall not be entitled to any other or further recovery against the CITY , including , but not limited to , anticipated fees or profits on work not required to be performed . ARTICLE ELEVEN CONFLICT OF INTEREST 11.1 . The CONSUL TANT 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 seNices required hereunder. The CONSUL TANT further represents that no persons having any such interest shall be employed to perform those seNices. ARTICLE TWELVE MODIFICATION 12 .1. No modification or change in this Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. ARTICLE THIRTEEN NOTICES AND ADDRESS OF RECORD 13 .1. All notices requ ired or made pursuant to this Agreement to be given by the CONSUL TANT to the CITY shall be in writing and shall be delivered by hand or by (USPS) United States Postal Service , first class mail seNice , postage prepaid, return receipt requested, or as otherwise agreed upon and addressed to the following CITY's address of record : City of Naples 735 Eighth Street South Naples , Florida 34102-3796 Rev. PC 10/13/2015 gls/rdp -6 - 16.A.23.c Packet Pg. 1357 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Calvin Clerk 16-018 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's Attention : A . William Moss , City Manager 13.2 . All notices requ ired or made pursuant to th is Agreement to be given by the CITY to the CONSUL TANT shall be made in writing and shall be delivered by hand or by the (USPS) United States Postal Service, first class ma il service, postage prepaid , return receipt requested , or as agreed upon and addressed to the following CONSULTANT's address of record : Calvin , Giordano & Associates, Inc. 1800 Eller Drive , Suite 600 Fort Lauderdale, Florida 33316 Attention : Dennis Giordano, President FEl/EIN Number : On File 13.3. Either party may change its address of record by written notice t o the other party g iven in accordance with requirements of this Article. ARTICLE FOURTEEN MISCELLANEOUS 14.1. The CONTRACTOR , in representing the CITY, shall promote the best interest of the CITY and assume towards the CITY a duty of care commensurate with that which is imposed upon persons or firms in contractor's profession . 14.2. No modification , waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party . 14.3 . This Agreement is not assignable, in whole or in part, by the CONSUL TANT w ithout the prior written consent of the CITY. 14.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a wa iver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 14.5. The headings of the Articles , E xhibits, Parts and Attachments as contained in this Agreement are for the purpose of conven ien ce only and shall not be deemed to ex pand , limit o r change the provisions in such Articles , Ex hibits , Parts and Attachments . 14.6 . This Agreement 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. 14.7 . The CONSUL TANT shall comply fully with all provisions of state and federal law, includ ing w ithout limitation all provisions of the Immigration Reform and Control Act of 1986 ("IRCA") as amended , as well as all related immigration laws , rules , and regulations pertaining to proper employee work authorization in the United States. The CONSULTANT shall e xecute the Certification of Compliance with Immigration Laws , attached hereto as EXHIBIT D. 14.8 To the extent that any provision in the Specifications or any other Contract Documents pertain ing to this Project confli ct with any provision of this Agreement, th is Agreement controls . Rev . PC 10/13/201 5gls/rd p . 7. 16.A.23.c Packet Pg. 1358 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Calvin Clerk 16-018 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's 14.9 Dispute Resolution . Disputes under this Agreement shall be resolved through mutual consultation between the parties within 14 days after notice ; and failing resolution through mutual consultation , through mediation within 30 days thereafter; and failing med iation , through Arbitration under the Florida Arb itration Code, by a single arbitrator. If the parties cannot agree on a mediator or arbitrator, within 14 days of failure of the previous method , they shall request the Chief Judge of the 20 1h Judicial Circuit to appoint a mediator, or an arbitrator, as the case may be . Time periods are waivable by mutual agreement of the parties , but shall not exceed 90 days for completion of the processes described herein , unless by mutual agreement. Costs of the mediator or arbitrator shall be shared equally . 14.10 Attorneys ' fees. Except as otherwise provided herein , each party shall be responsible for its own attorneys ' fees. ARTICLE FIFTEEN APPLICABLE LAW 15 .1. Unless otherwise specified , this Agreement shall be governed by the laws , rules , and regulations of the State of Florida , and by the laws, rules and regulations of the United States when providing 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 Florida state court in Collier County , Florida . END OF ARTICLE PAGE Re v. PC 10/13/2015 gls/rdp -8 - 16.A.23.c Packet Pg. 1359 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Calvin Clerk 16-018 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's IN WITNESS WHEREOF, the parties hereto have executed this Agreement for the day and year first written above . ATTEST: CITY: CITY OF NAPLES, FLORIDA, A Municipal cow By :t2/A~ AWilJiam Moss, City Manager By: _?_~_--'-~_\J_CV_:\ ~-" --- Robert D . Pritt, City Attorney ~~o ~ ~.Wn ~l:'J fl .) Witness PrintetfNa e Rev . PC 10/13/2015 gls/rdp CONSUL TANT: Calvin , Giordano & Associates , Inc. 1800 Eller Drive, Suite 600 Fort Lauderdale , Florida 33316 Attention: Dennis Giordano, President By : X2/v2LJ.~q GcJ~c= J Printed Name: SV\e1 l e&( E 1·choy v: Title : So_j(I lcSY I }[ Co fr-ru i cJ...QKJ-o FEl/EIN Number: On File A Florida Profit Corporation (Fl) (CORPORA TE SEAL) -9 - 16.A.23.c Packet Pg. 1360 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Calvin Clerk 16-018 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's EXHIBIT A SCOPE OF SERVICES The Scope of Services to be provided under this Agreement are included in Exhibit A which is attached and made a part of this Agreement and those set out in the Bid, any issued Addendum(s) and the Vendor's Submittal of (RFP) Request for Proposal No. 16-014, titled Building Inspection and Plan Review Services -Library of Firms herein referenced and made a part of this Agreement. Summary: The City of Naples , Florida "Library of Permit Service Providers " for Inspection Services and Plan Review Services act as independent Building Permit Inspectors and Plan Reviewers for various City Building Permit Applications. Overview: The City of Naples follows established un iform procedures and Florida Building Code requirements for managing City Building Permit Appl ications. Through assigned duties, the Perm it Inspection & Plan Review Service Provider is responsible for providing all required Florida Building Code Reviews and Inspections for the City in any contract work to be performed . The Service provider may be assigned to provide all Florida Building Code required reviews and inspections or may be teamed with Building Department staff to perform specific review or inspections services. These services will supplement City staff in the event of personnel shortages , such as vacation , illness or any other emergency staffing needs . Additionally , temporary services may be needed to assist our existing staff as a result of increased construction permitting activity and other customer service initiatives to enhance inspection and plan services provided by the City. All awarded firms and their provided staff shall be licensed as per FS 468 part XII for required services provided . Scope of Services: The Scope of Serv ices provided by the "Library of Permit Service Providers" will include , but are not limited to, the following for Permit Applications: Task 1: Provide Florida Building Code Structural , Mechanical , Electrical , and Plumbing Inspection Services. Inspection Services shall be for 1-2 Family, Multi-Family and Commercial projects . Task 2: Provide Florida Building Code Structural , Mechanical, Electrical , and Plumbing Plan Review Services. Review Services shall be for 1-2 Family, Multi-Family and Commercial projects . END OF EXHIBIT A Rev. PC 10/13/2015 gls/rdp -10 - 16.A.23.c Packet Pg. 1361 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Calvin Clerk 16-018 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's EXHIBIT B BASIS OF COMPENSATION As consideration for providing the Services as set forth in the Agreement, the CITY agrees to pay, and the CONSULTANT agrees to accept payment on a time and reimbursement cost basis as indicated in Exhibit B, which is attached and made part of this Agreement. Retainage: (N/A) Not applicable to this Agreement. Cost Rato §chedule: Include this schedule under TAB 5 of your proposal. Provide an incl usive hourly rate for a91 services . The contractor understands all incidental costs including; time. labor materials, toots , equipment, facil ities, transportation , allowances fo r p rof it, tools of the tra de, and a ll servi ces necessary for a project . must be included in t he proposal hou r ly rate _ Task 1 • Provide F lorida Bui ldm g Code Str u ctural. Mech anical. Etec.tri cal. and Plu mbi ng Inspection Servi ces . Inspection Services shall b e for 1 -2 Fam ily . Multi-Family and Commercial p r oj e~ts HOURLY RA1iE $ 69.2 5 -~----- AMOUNT I N WORDS S ix t y -n i ne d u Hars and twenty-five cen ts. Task 2 • P rovide F lo rida Bui ldin g Cod e S t ructural. Mecti ani cal. E lectr ~ca l , and Plu m b ing Plan Revi ew Services Review Services shaLI be for 1-2. Famiry , Mult i-Family and Commerc iat projects. HOURLY RA TE $_6=9"--'.=-25=----- AMOUNT IN WORDS Sixty-nine d olla rs a nd twency-five cen ts. Compntl}' 1 .:u n~ Calv i n_, Giorda n o & Asso ciat es, Inc. Pl E (954) 921-7781 Ema i I M a r k eti og@cgasol u t io ns_com • am e an d Title c.~f i n d iv i d ual co m pleting t h ts S<:h ed u le ~ Dennis Gior dan o Pre sident ----(Pr-in t ed l'-n m e} (Titk) \ Ll ~--Ja n u a ry 14 , 2 0 1 6 (S i g n lfille)-=-=-(D ate ) END OF EXHIBIT B Rev . PC 10/13/2015 gls/rdp -11 - 16.A.23.c Packet Pg. 1362 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Calvin Clerk 16-018 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's EXHIBIT C GENERAL INSURANCE REQUIREMENTS The CONSULTANT shall not commence work until he has obtained all the insurance required under th is heading , and until such insurance has been approved by the Owner, nor shall the CONSULTANT allow any sub-consultant to commence work until all similar insurance required of the sub-consultant as also been obtained and approved by the Owner. Certificates of insurance must be issued by an authorized representative of the insurance company at the request and direction of the policyholder and must inc lude sufficient information so as to identify the coverage and the contract for Owner's improvements for which they are issued . Certificates of insurance must be issued by a nationally recognized insurance company with a Best's Rating of no less than B+Vll , satisfactory to the Owner , and duly licensed to do business in the state of said Contract. The CONSUL TANT shall procure and maintain , during the life of this Contract, Workmen 's Compensation Insurance for all of his employees to be engaged in work under this Contract, and he shall requi re any sub- consultant similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work , unless such employees are covered by the protection afforded by the CONSULTANT'S insurance. In case any employees are to be engaged in hazardous work under this Contract, and are not protected under th is Workmen's Compensation statute, the CONSULTANT shall provide , and shall cause each sub-consultant to provide, adequate coverage for the protection of such employees. It is acceptable to use a State-approved Workmen's Compensation Self-Insurance fund . Except for Worker's Compensation coverage, or unless waived by the City in writing , the CONSULTANT shall take out and maintain during the life of this Contract, Public Liability and Property Damage and shall include Contractual Liability, Personal Injury, Libel , Slander, False Arrest, Malicious Prosecution , Wrongful Entry or Eviction , Broad Form Property Damage, Products , Completed Operations and XCU Coverage to be included on an occurrence basis , and to the full extent of the Contract to protect him, the Owner, and any sub-consultant performing work covered by this Contract from damages for personal injury, including accidental death , as well as from claims for property damage, which may arise from operations under this contract , whether such operations be by himself or by a sub-consultant, or by anyone directly or indirectly employed by either of them. The CONSULTANT shall also maintain automobile liability insurance including "non-owned and hired" coverage . The entire cost of this insurance shall be borne by the CONSULTANT. The amount of such insurance shall be no less than $1 ,000,000 annual aggregate for bodily injury and property damage combined per occurrence. Except for the Worker's Compensation and Professional Liability , the City of Naples must be named as Additional Insured on the insurance certificate and the following must also be stated on the certificate . "These coverage 's are primary to all other coverage 's the City possesses for this contract only ." The City of Naples shall be named as the Certificate Holder. The Certificate Holder shall read as follows: City of Naples Attention : City Manager 735 Eighth Street South Naples , Florida 34102 No City Division, Department, or individual name should appear on the Certificate . No other format will be acceptable. without prior approval of the City. The Certificate must state the bid number and title . When using the ACORD 25 -Certificate of Insurance only the most current version will be accepted . The City of Naples requires a copy of a cancellation notice in the event the policy is cancelled . The City of Naples shall be expressly endorsed onto the policy as a cancellation notice recipient. [If other insurance or insurance requirements or any waivers, attach as Exhibit C-1through C-_} Rev. PC 10/1312015 glsl rdp -12 - 16.A.23.c Packet Pg. 1363 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Calvin Clerk 16-018 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's EXHIBIT D CERTIFICATION OF COMPLIANCE WITH IMMIGRATION LAWS The undersigned is the President of the Calvin , Giordano & Assoc iates, Inc., company ("the CONSULTANT"), and hereby certifies to the following : 1. The CONSUL TANT is in full compliance with all provisions of the Immigration Reform and Control Act of 1986 ("IRCA"), as well as all related immigration laws , rules , regulat ions pertaining to proper employee work authorization in the United States . 2. The undersigned has verified that the CONSULTANT has obtained and maintains on file , and will continue to obtain and maintain on file , all documentation required by law, inc luding but not limited to , Form 1-9, Employment Eligibility Verification , for all persons employed by or working for the CONSUL TANT in any capacity on any project for the City of Naples (CITY). All such persons have provided evidence of identity and eligibility to work to the CONSUL TANT in accordance with the IRCA and related law. The undersigned hereby affirms that no person has been or will be employed by the CONSULTANT to work on projects for the CITY who is not authorized to work under law. The undersigned furthe r affirms that the CONSUL TANT's files will be updated by written notice any time that additional employees work on projects for the CITY. 3. The CONSUL TANT will have its consultants , sub-consultants , suppliers and vendors who are involved in projects for the CITY to sign a written acknowledgment that they too are in compl iance with immigration law. It is understood that failure to do so could result in the CONSUL TANT be ing liable for any violation of the law by such third parties . 4 . The CONSUL TANT will fully cooperate with and have its consultants, sub- consultants , suppliers and vendors to fully cooperate with , all inqu iries and investigations conducted by any governmental agency in connection with proper compl iance with the laws pertaining to appropriate work authorization in the United States. 5. The undersigned , on behalf of the CONSUL TANT, acknowledges that th is Certification may be relied upon by the CITY, its officers , directors , employees , and affiliates or related persons and entities. 6 . If it is found that the CONSULTANT has not complied with the laws pertaining to proper employment authorization , and any legal and administrative action ensues against the CITY, the CONSUL TANT will indemnify, defend and hold the CITY harmless along with their officers , directors , employees, and affiliated or related persons and entities. 7. The CONSUL TANT acknowledges that the C ITY by their authorized representatives shall have the right , at any time , upon 24 hours' notice , to examine the CONSUL TANTS 's books and records to confirm that the CONSUL TANT is in compliance with the terms of this certificat ion . -;A. _, Executed this cJ/? day of 0cd1 L(cuy , 2016 . sy :,,~ ~·c.A-A r Rev. PC 10/13/2015 gls/rd p -13 - 16.A.23.c Packet Pg. 1364 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Calvin Clerk 16-018 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's Bid/Proposal No. Clerk Tracking No. Project Name: CITY OF NAPLES, FLORIDA AGREEMENT (PROFESSIONAL CONSUL TANT SERVICES) 16-014 It-OOO!f I I Building Permit Inspection and Plan Review Services -Library of Firms THIS AGREEMENT (the "Agreement") is made and entered into this 3rd day of February 2016 by and between the City of Naples , a Florida munic ipal corporat ion , (the "CITY") and C.A.P. Government, Inc., a Florida Profit Corporation , authorized to do business in the State of Florida, whose business address is: 343 Almeria Avenue; Coral Gables, F lorida 33134 (the "CONSULTANT"). WHEREAS , the CITY desires to obtain the services of the CONSUL TANT concerning certain services specified in this Agreement (referred to as the "Project"); and WHEREAS , the CONSUL TANT has submitted a proposal for provis ion of those services ; and WHEREAS, the CONSUL TANT represents that it has expertise in the type of consultant services that will be required for t he Project. NOW, THEREFORE , in consideration of the mutual covenants and provisions contained herein , the parties hereto ag ree as follows : ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. The Services to be performed by the CONSULTANT are generally described as Building Permit Inspection and Plan Review Services -Library of Firms and may be more fully described in the Scope of Services , attached as EXHIBIT A and made a part of th is Agreement. 1.2. The CONSUL TANT 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 , the City of Naples , 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 consultant services to be provided and performed by the CONSUL TANT pursuant to this Agreement. This Agreement does not cover Professional Services as outlined in Florida Statute Sec. 287 .055 . 1. 3. The CONSUL TANT agrees that, when the services to be provided hereunder relate to a consultant service which , under Florida Statutes , requ ires a license, certificate of authorization or other form of legal entitlement to practice su ch services , it shall employ or retain only qualified personnel to provide such services . 1.4. The CONSULTANT agrees to employ and designate, in writ ing , within 5 calendar days after receiving its Notice to Proceed , or other d irective from the CITY , a qualified consultant to serve as the Rev. PC 10/1 3/2015 gls/rdp - 1 - 16.A.23.d Packet Pg. 1365 Attachment: 02-03 FY16 PC CC Exec FWQ 16-014 Agreem C.A.P. Clerk 16-019 gls 02-22-2016 (7481 : Authorization to issue P.O's utilizing the CONSULTANT's project manager (the "Project Manager"). The Project Manager shall be 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. 1.5. The CONSUL TANT has represented to the CITY that it has expertise in the type of consultant services that will be required for the Project. The CONSUL TANT agrees that all services to be provided by CONSUL TANT pursuant to this Agreement shall be subject to the CITY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida , as may be applied to the type of services to be rendered , as well as in accordance with all published laws, statutes, ord inances, codes , rules , regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be prov ided and performed by the CONSUL TANT. In the event of any conflicts in these requirements , the CONSUL TANT shall notify the CITY of such conflict and utilize its best professional judgment to advise CITY regarding resolution of the conflict. 1.6 . The CONSULTANT agrees not to divulge , furnish or make available to any third person, firm or organization, without CITY'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 the CONSULTANT hereunder, and the CONSULTANT shall require all of its employees , agents , sub-consultants and sub-contractors to comply with the provisions of this paragraph . However, the CONSUL TANT shall comply with the Florida Public Records laws. 1.7 The CONSULTANT agrees not to employ or offer to employ any Elected Officer or City Managerial Employee of the CITY who in any way deals with , coordinates on , or assists with , the consultant services provided in this Agreement, for a period of 2 years after termination of all provisions of this Agreement. For purposes of this paragraph , the term "Elected Officer" shall mean any member of the City Council. For purposes of this paragraph, the term "City Managerial Employee" shall mean the City Manager, the Assistant City Manager, the City Clerk, and any City department head or director. If the CONSULTANT violates the provisions of this paragraph , the CONSULTANT shall be required to pay damages to the CITY in an amount equal to any and all compensation which is rece ived by the former Elected Officer or City Managerial Employee of the CITY from or on behalf of the contracting person or entity, or an amount equal to the former Elected Officer's or City Managerial Employee 's last 2 years of gross compensation from the CITY, whichever is greater. 1.8 The CONSUL TANT agrees not to provide services for compensation to any other party other than the CITY on the same subject matter, same project , or scope of services as set forth in this Agreement without approval from the City Council of the CITY. 1.9. Except as otherwise provided in this Agreement, the CONSULTANT agrees not to disclose or use any information not available to members of the general public and gained by reason of the CONSULTANT's contractual relationship with the CITY for the special gain or benefit of the CONSUL TANT or for the special gain or benefit of any other person or entity . ARTICLE TWO CITY'S RESPONSIBILITIES 2.1. The CITY shall designate in writing a project coordinator to act as the CITY's representative with respect to the serv ices to be rendered under this Agreement (the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions , receive information , interpret and define the CITY's policies and decisions with respect to the CONSUL TANT's services for the Project. Rev . PC 10/13/20 15 gls/rdp -2 - 16.A.23.d Packet Pg. 1366 Attachment: 02-03 FY16 PC CC Exec FWQ 16-014 Agreem C.A.P. Clerk 16-019 gls 02-22-2016 (7481 : Authorization to issue P.O's utilizing the However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSUL TANT that would have the effect, or be interpreted to have the effect, of mod ifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSUL TANT; (b) The time the CONSUL TANT is obligated to commence and complete all such services; or (c) The amount of compensation the CITY is obligated or committed to pay the CONSUL TANT. Any such modifications or changes ((a) (b) or (c)) shall only be made by or upon the authorization of the CITY's city manager as authorized by city council in the enabling legislation or in the CITY's procurement policies . 2 .2. The Project Coordinator shall : (a) Review and make appropriate recommendations on all requests submitted by the CONSUL TANT for payment for services and work provided and performed in accordance with this Agreement; (b) Arrange for access to and make all prov isions for the CONSUL TANT to enter the Project site to perform the services to be provided by the CONSUL TANT under this Agreement; and (c) Provide notice to the CONSUL TANT of any deficiencies or defects discovered by the CITY with respect to the services to be rendered by the CONSUL TANT hereunder. 2.3 . The CONSULTANT acknowledges that access to the Project Site , to be arranged by the CITY for the CONSUL TANT, may be provided during times that are not the normal business hours of the CONSULTANT. ARTICLE THREE TIME 3.1. Services to be rendered by the CONSUL TANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the CITY for all or any designated portion of the Projects assigned to this Agreement and shall be performed through September 30, 2019 with the mutually agreed upon option between the CITY and CONSUL TANT of two (2) one- year renewals . Time is of the essence with respect to the performance of this Agreement. 3.2. Should the CONSUL TANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of the CONSUL TANT, and not due to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the CITY, fires , floods , epidemics, quarantine regulations , strikes or lock-outs , then the CONSULTANT shall notify the CITY in writing within 5 working days after commencement of such delay, stat ing the cause or causes thereof, or be deemed to have waived any right which the CONSUL TANT may have had to request a time extension . 3.3. No interruption , interference , inefficiency, suspension or delay in the commencement or progress of the CONSULTANT's services from any cause whatsoever, including those for which the Rev. PC 10/13/20 15 gls/rdp - 3 - 16.A.23.d Packet Pg. 1367 Attachment: 02-03 FY16 PC CC Exec FWQ 16-014 Agreem C.A.P. Clerk 16-019 gls 02-22-2016 (7481 : Authorization to issue P.O's utilizing the CITY may be responsible in whole or in part , shall relieve the CONSUL TANT of its duty to perform or give rise to any right to damages or additional compensation from the CITY. The CONSUL TANT's sole remedy against the CITY w ill be the right to seek an extension of time to its schedule . This paragraph shall expressly apply to claims for early completion , as well as claims based on late completion . 3.4 . Should the CONSUL TANT fail to commence , prov ide, perfo rm or complete any of the serv ices to be prov ided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the CITY hereunder, the CITY at its sole discretion and opt ion 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 CITY 's satisfaction that the CONSUL TANT's performance is or will shortly be back on schedule . ARTICLE FOUR COMPENSATION 4 .1. The total compensation to be paid the CONSUL TANT by the CITY for all Services is not to exceed an hourly rate for each task: Task-1, Inspection Services at $65.00 and Task-2, Plan Review Services at $75.00 and shall be paid i n the manner set forth in the "Basis of Compensation " which is attached as EXHIBIT B and made a part of th is Agreement. Expenditures for sa id services shall not exceed a Department's annual Adopted Budget. ARTICLE FIVE MAINTENANCE OF RECORDS 5.1 . The CONSUL TANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be reta ined by the CONSUL TANT for a minimum of five 5 years from the date of termination of this Agreement or the date the Project is completed , whichever is later. The CITY, or any duly authorized agents or representat ives of the CITY, shall 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 5 year period noted above ; provided , however, such activity shall be conducted only during normal business hours. If the CONSUL TANT desires to destroy records prior to the min imum period, it shall first obta in permission from the CITY in accordance with the Florida Public Records laws. 5.2 The CONTRACTOR shall : (a) Keep and ma intain public records that o rdinarily and necessarily would be required by the CITY in order to perform the service . (b) Provide the publi c with a ccess to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the established cost of the CITY or as otherwise provided by law . (c ) Ensure that publi c re cords that are e xempt or confident ial and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon term ination of th e contra ct and destroy any dupl icate public records that are exempt or confidential and e xempt from publ ic records disclosure requirements . All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. Rev . PC 10/13/20 15 gls/rdp -4 - 16.A.23.d Packet Pg. 1368 Attachment: 02-03 FY16 PC CC Exec FWQ 16-014 Agreem C.A.P. Clerk 16-019 gls 02-22-2016 (7481 : Authorization to issue P.O's utilizing the (e) Promptly notify the CITY of any public records request. ARTICLE SIX INDEMNIFICATION 6.1 . The CONSUL TANT agrees to indemnify and hold harmless the CITY from liabilities , damages, losses and costs , including , but not limited to , reasonable attorneys' fees , to the extent caused by the negligence, recklessness , or intentional wrongful misconduct of the CONSUL TANT and persons employer or utilized by the CONSUL TANT in the performance of the Contract. ARTICLE SEVEN INSURANCE 7 .1. The CONSUL TANT shall obtain and carry, at all times during its performance under this Agreement , insurance of the types and in the amounts set forth in the document titled General Insurance Requirements, which is attached as EXHIBIT C and made a part of this Agreement. 7.2 In add ition to the General Insurance Requirements in Exhibit C the CONSUL TANT shall obtain and maintain Profess ional Liab ility Insurance to insure its legal liability for claims arising out of the performance of profess ional services under this Agreement. CONSULTANT waives its right of recovery against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than $1 ,000,000 each claim and in the aggregate . ARTICLE EIGHT SERVICES BY CONSULTANT'S OWN STAFF 8.1. The services to be performed hereunder shall be performed by the CONSUL TANT's own staff, unless otherwise authorized in writing by the CITY. The employment of, contract with , or use of the services of any other person or firm by the CONSUL TANT , as independent CONSUL TANT or otherwise , shall be subject to the prior written approval of the CITY. No provision of th is Agreement shall , however, be construed as constituting an agreement between the CITY and any such other person or firm . Nor shall anything contained in this Agreement be deemed to give any such party or any third party any claim or right of action against the CITY beyond such as may otherwise exist without regard to this Agreement. ARTICLE NINE WAIVER OF CLAIMS 9.1. The 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 the CITY arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by the CONSUL TANT as unsettled at the time of the final payment. Neither the acceptance of the CONSUL TANT's services nor payment by the CITY shall be deemed to be a waiver of any of the CITY's rights against the CONSUL TANT. Rev . PC 10/13/2015 gls/rdp ARTICLE TEN TERMINATION OR SUSPENSION -5 - 16.A.23.d Packet Pg. 1369 Attachment: 02-03 FY16 PC CC Exec FWQ 16-014 Agreem C.A.P. Clerk 16-019 gls 02-22-2016 (7481 : Authorization to issue P.O's utilizing the 10.1 . The CONSUL TANT shall be considered in material default of th is Agreement and such default will be considered cause for the CITY to terminate this Agreement , in whole or in part , as further set forth in this section, for any of the following reasons: (a ) failure to begin work under the Agreement within the times specified under the Notice(s ) to Proceed , or (b) failure to properly and timely perform the services to be provided hereunder or as directed by the CITY, or (c) the bankruptcy or insolvency or a general ass ignment for the benefit of creditors by the CONSUL TANT or by any of the CONSULTANT's principals, officers or directors , or (d ) failure to obey laws, ordinances , regulations or othe r codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause . The CITY may so terminate this Agreeme nt , in whole or in part, by giving the CONSUL TANT at least 3 calendar days' written notice . 10.2. If, after notice of terminat ion of this Agreement as provided for in paragraph 10 .1 above , it is determined for any reason that the CONSUL TANT was not in default, or that its defau lt was excusable, or that the CITY otherwise was not entitled to the remedy against the CONSULTANT provided for in paragraph 10.1, then the notice of termination given pursuant to paragraph 10.1 shall be deemed to be the notice of terminat ion prov ided for in paragraph 10.3 below and the CONSUL TANT's remedies against the CITY shall be the same as and limited to those afforded the CONSUL TANT under paragraph 10.3 below. 10.3. The CITY shall have the right to terminate this Agreement, in whole or in part, w ithout cause upon 7 calendar day's written notice to the CONSUL TANT. In the event of such termination for conven ience , the CONSULTANT'S recovery against the CITY 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 the CONSUL TANT that are directly attributable to the termination , but the CONSUL TANT shall not be entitled to any other or further recovery against the CITY, including , but not limited to , anticipated fees or profits on work not required to be performed . ARTICLE ELEVEN CONFLICT OF INTEREST 11 .1. The CONSUL TANT 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. The CONSUL TANT further represents that no persons having any such interest shall be employed to perform those serv ices. ARTICLE TWELVE MODIFICATION 12.1. No modification or change in this Agreement shall be valid or bind ing upon the parties unless in writing and executed by the party or parties intended to be bound by it. ARTICLE THIRTEEN NOTICES AND ADDRESS OF RECORD 13 .1. All not ices required or made pursuant to this Agreement to be given by the CONSUL TANT to the CITY shall be in writing and shall be del ivered by hand or by (USPS) United States Postal Service , first class mail service , postage prepaid , return receipt requested , or as otherwise agreed upon and addressed to the following CITY's address of record : City of Naples 735 Eighth Street South ; Naples , Florida 34102-3 796 Attention : A. William Moss, City Manager Rev . PC 10/13/20 15 gls/rdp -6 - 16.A.23.d Packet Pg. 1370 Attachment: 02-03 FY16 PC CC Exec FWQ 16-014 Agreem C.A.P. Clerk 16-019 gls 02-22-2016 (7481 : Authorization to issue P.O's utilizing the 13.2. All notices required or made pursuant to this Agreement to be given by the CITY to the CONSUL TANT shall be made in writing and shall be delivered by hand or by the (USPS) United States Postal Service , first class mail service, postage prepaid , return receipt requested , or as agreed upon and addressed to the following CONSUL TANT's address of record : C .A.P . Government, Inc. 343 Almeria Avenue Coral Gables, Florida 33134 Attention : Carlos A. Penin , PE I President FEl/EIN Number: On File 13 . 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 FOURTEEN MISCELLANEOUS 14 .1. The CONTRACTOR , in representing the CITY , shall promote the best interest of the CITY and assume towards the CITY a duty of care commensurate with that which is imposed upon persons or firms in contractor's profession . 14.2 . No modification , waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party . 14.3. This Agreement is not assignable , in whole or in part, by the CONSUL TANT without the prior written consent of the CITY. 14 .4. Waiver 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. 14.5. The headings of the Articles , Exhibits , 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, Exhibits, Parts and Attachments . 14 .6 . This Agreement 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. 14.7. The CONSULTANT shall comply fully with all provisions of state and federal law, including without limitation all provisions of the Immigration Reform and Control Act of 1986 ("IRCA") as amended , as well as all related immigration laws , rules, and regulations pertaining to proper employee work authorization in the United States . The CONSUL TANT shall execute the Certification of Compliance with Immigration Laws , attached hereto as EXHIBIT D. 14 .8 To the extent that any provision in the Specifications or any other Contract Documents pertaining to this Project conflict with any provision of this Agreement, this Agreement controls. Rev . PC 10/13/2015 gls/rdp -7 - 16.A.23.d Packet Pg. 1371 Attachment: 02-03 FY16 PC CC Exec FWQ 16-014 Agreem C.A.P. Clerk 16-019 gls 02-22-2016 (7481 : Authorization to issue P.O's utilizing the 14.9 Dispute Resolution . Disputes under this Agreement shall be resolved through mutual consultation between the parties within 14 days after notice ; and failing resolution through mutual consultation , through mediation within 30 days thereafter; and failing mediation , through Arbitration under the Florida Arbitration Code , by a single arbitrator. If the parties cannot agree on a mediator or arbitrator, with in 14 days of failure of the previous method , they shall request the Chief Judge of the 201h Judicial Circuit to appoint a mediator, or an arbitrator, as the case may be . Time periods are waivable by mutual agreement of the parties , but shall not exceed 90 days for completion of the processes described herein , unless by mutual agreement. Costs of the mediator or arbitrator shall be shared equally . 14 .10 Attorneys ' fees . Except as otherwise provided herein , each party shall be responsible for its own attorneys ' fees . ARTICLE FIFTEEN APPLICABLE LAW 15 .1. Unless otherwise specified , this Agreement shall be governed by the laws , rules , and regulations of the State of Florida , and by the laws , rules and regulations of the United States when providing 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 Florida state court in Collier County, Florida . END OF ARTICLE PAGE Rev . PC 10/13/2015 gls/rdp -8 - 16.A.23.d Packet Pg. 1372 Attachment: 02-03 FY16 PC CC Exec FWQ 16-014 Agreem C.A.P. Clerk 16-019 gls 02-22-2016 (7481 : Authorization to issue P.O's utilizing the IN WITNESS WHEREOF, the part ies hereto have e xecuted th is Ag reement for the day and year first written above. ATTEST: ·~.II> Approved as to fo n1'!, ·--~ :·· '.... ~· \ llf ~ ~ and legal sufficiency:·-:::: . .;.~· :.: CITY: CITY OF NAPLES, FLORIDA, A Municipal Corpo~on A By : akfljjf_/ {rz A. W illiam Moss , City Manager By : _K;.......,,.~;::...__--->,;\J~.7_;0\_' ---- Robert D . Pritt, City Attorney Witness Printed Name Rev . PC 10/13/2015 gls/rdp CONSUL TANT: C .A.P. Government, Inc. 343 Almeria Avenue Coral Gables, Florida 3 Attentio . Carlos PE I President By :___!E~~~~~~~~------~~~~ Printed Name: Csw fp$i A, T€,nw\ T itle : Re.s \ck.J- FEl /EIN Number: On File A Florida Profit Corporation (C ORPORA TE SEAL) . 9 . (F L) 16.A.23.d Packet Pg. 1373 Attachment: 02-03 FY16 PC CC Exec FWQ 16-014 Agreem C.A.P. Clerk 16-019 gls 02-22-2016 (7481 : Authorization to issue P.O's utilizing the EXHIBIT A SCOPE OF SERVICES The Scope of Services to be provided under this Agreement are included in Exhibit A which is attached and made a part of this Agreement and those set out in the Bid, any issued Addendum(s) and the Vendor's Submittal of (RFP) Request for Proposal No. 16-014, titled Building Inspection and Plan Review Services -Library of Firms herein referenced and made a part of this Agreement. Summary: The City of Naples, Florida "Library of Permit Service Providers" for Inspection Services and Plan Review Services act as i ndependent Building Permit Inspectors and Plan Reviewers for various City Building Permit Applications . Overview: The City of Naples follows established uniform procedures and Florida Bu ilding Code requirements for managing City Bui lding Permit Applications . Through assigned duties , the Permit Inspection & Plan Rev iew Service Provider is responsible for providing all required Florida Building Code Reviews and Inspections for the City in any contract work to be performed . The Service provider may be assigned to provide all Florida Building Code required reviews and inspections or may be teamed with Build in g Department staff to perform specific review or inspections serv ices . These services will supplement City staff in the event of personnel shortages, such as vacation , illness or any other emergency staffing needs. Additionally , temporary services may be needed to assist our existing staff as a resu lt of increased construction perm itting activity and other customer service initiatives to enhance inspection and plan services provided by the City. All awarded firms and their provided staff shall be licensed as per FS 468 part XII for required services provided. Scope of Services : . The Scope of Services provided by the "Library of Permit Service Prov iders" will include , but are not limited to , the following for Permit Applications : Task 1: Provide Florida Building Code Structural , Me chanical , Electrical , and Pl umbing Inspection Services. Inspection Services shall be for 1-2 Family , Multi-Family and Commercial projects. Task 2: Provide Florida Building Code Structural , Mechanical, Electrical , and Plumbing Plan Review Services. Review Services shall be for 1-2 Family , Multi-Family and Commercial projects . END OF EXHIBIT A Rev . P C 10/13/201 5 g ls/rdp -10 - 16.A.23.d Packet Pg. 1374 Attachment: 02-03 FY16 PC CC Exec FWQ 16-014 Agreem C.A.P. Clerk 16-019 gls 02-22-2016 (7481 : Authorization to issue P.O's utilizing the EXHIBIT B BASIS OF COMPENSATION As consideration for providing the Services as set forth in the Agreement, the CITY agrees to pay, and the CONSULTANT agrees to accept payment on a time and reimbursement cost basis as indicated in Exhibit B, which is attached and made part of this Agreement. Retainage: (N/A) Not applicable to this Agreement. Cost Rate Schedule: I nclude th is schedule u n der T AB 5 of your proposa l. Provi de an inclus ive hourly r ate for a u services. The contractor u n derstands all i ncidental costs i n cluding ; t ime , labor materials , tools. equipment, facilities, transportation, a llowances f or profrt, tools of the trade. and all services n ecessary for a proJect. must be m cluded in the proposal hourly r ate . Task 1 • Provid-e F lorida 6uildin g Code Structural , Mechani cal, Electrical , a n d P lumbin g Inspection Services . Inspection Services shall be fo< 1-2 F ami ly , Multi-F amily and Commeraal projects. HOURLY RA TE $-=6-"-5-'"'.o'"-'o'---__ _ AMOU N T I N WORDS S i:<ty-Fi v c: Dnllan per Hour Task 2 • Provide F lorida Buildi ng C-Ode Struct ural , M echan ical . Electrical , and Plu mbing Plan Review Services. Revrew Servi ces s h a .i be for 1-2 Family, Multi-Family and Commercial proj ects . HOURL y RATE $__._z .... s ..... o ..... o ___ _ AMOUNT IN WORDS $eve nty-Pivc:: f~llar s Pet" Hour Com pan y Name C .A .P . Gov~ent,lnc=·------PH 305.458.60(}0 Email e;tp_en i n@Qtpfla-~Qm ------- Name a n d Tit le of ind ividual completing t his schedu le : Presiden t Cfitle) la ~ua r ' 14, 20 L6 (Date) END OF EXHIBIT B Rev . PC 10/13/2015 gls/rdp -11 - 16.A.23.d Packet Pg. 1375 Attachment: 02-03 FY16 PC CC Exec FWQ 16-014 Agreem C.A.P. Clerk 16-019 gls 02-22-2016 (7481 : Authorization to issue P.O's utilizing the EXHIBIT C GENERAL INSURANCE REQUIREMENTS The CONSULTANT shall not commence work until he has obta ined all the insurance required under this head ing , and until such insurance has been approved by the Owner, nor shall the CONSULTANT all ow any sub-consultant to commence work until all s imilar ins urance requ ired of the sub-consultant as also been obta ined and approved by the Owner. Certificates of insurance must be issued by an authorized representative of the insurance company at the request and direction of the policyholder and must include sufficient information so as to identify the coverage and the contract for Owner's improvements for wh ich they are issued . Certificates of insurance must be issued by a nationally recognized insurance company with a Best's Rating of no less than B+Vll , satisfactory to the Owner, and duly licensed to do bus iness in the state of said Contract. The CONSUL TANT shall procure and ma inta in, during the life of this Contract, Workmen's Compensation Insurance for all of his employees to be engaged in work under th is Contract, and he shall requ ire any sub- consultant similarl y to prov ide Workmen 's Compensation Insurance for all of the latter's employees to be engaged in such work, unless such employees are covered by the protection afforded by the CONSUL TANT's insurance. In case any employees are to be engaged in hazardous work under this Co ntract , and are not protected under th is Workmen's Compensation statute , the CONSULTANT shall prov ide, and shall cause each sub -consu ltant to provide, adequate coverage for the protection of su ch employees. It is acceptable to use a State-approved Workmen 's Compensation Self-Insurance fund . Except for Worke r's Compensation coverage , or unless waived by the City in writing , the CONSUL TANT shall take out and maintain during the life of this Contract, Public Liability and Property Damage and shall include Contractual Liability , Personal Injury, Libel , Slander, False Arrest, Malicious Prosecution , Wrongful Entry or Ev iction , Broad Form Property Damage , Products , Completed Operations and XCU Coverage to be included on an occurrence basis, and to the full extent of the Contract to protect him , the Owner, and any sub-consultant perform ing work covered by this Contract from damages for personal injury , includ ing accidental death , as well as from claims for property damage, wh ich may arise from operations under th is contract , whether such operations be by himself or by a sub -consultant, or by anyone directly or indirectly emp loyed by either of them . The CONSULT ANT shall also mainta in automobile liabil ity ins urance includ ing "non-owned and hired " coverage . The ent ire cost of th is insurance shall be borne by the CONSULTANT. The amount of such insurance shall be no less than $1 ,000 ,000 annual aggregate for bodily injury and property damage combined per occurrence . Except for the Worker's Compensation and Profess ional Liability, the City of Naples must be named as Additional Insured on the insurance certificate and the following must also be stated on the certificate . "These coverage's are primary to all other coverage 's the City possesses for this contract only." The City of Naples shall be named as the Certificate Holder. The Certificate Holder shall read as follows : City of Naples Attention : City Manager 735 Eighth Street South Naples , Florida 34102 No City Division , Department, or ind ividua l name should appear on the Cert ificate . No other format will be acceptable, without prior approva l of the City. The Certificate must state the bid number and title. When us ing the ACORD 25 -Certificate of Insurance only the most cu rrent vers ion will be accepted . The City of Naples requ ires a copy of a cancellation notice in the event the po li cy is cancelled . The C ity of Naples shall be ex pressly endorsed onto the policy as a cancellation not ice rec ipient. {If other insurance or insurance requirem ents or any waivers, attach as Ex hibit C-1through C-_] Re v . PC 10/13/2015 gls/rdp -12 - 16.A.23.d Packet Pg. 1376 Attachment: 02-03 FY16 PC CC Exec FWQ 16-014 Agreem C.A.P. Clerk 16-019 gls 02-22-2016 (7481 : Authorization to issue P.O's utilizing the EXHIBIT D CERTIFICATION OF COMPLIANCE WITH IMMIGRATION LAWS The undersigned is the President of the C.A.P. Government, Inc., company ("the CONSUL TANT"), and hereby certifies to the following : 1. The CONSUL TANT is in full compliance with all prov1s1ons of the Immigration Reform and Control Act of 1986 ("IRCA"), as well as all related immigration laws, rules, regulations pertaining to proper employee work authorization in the United States . 2. The undersigned has verified that the CONSUL TANT has obtained and maintains on file , and will continue to obtain and maintain on file , all documentation required by law, including but not limited to , Form 1-9 , Employment Eligibility Verification , for all persons employed by or working for the CONSULTANT in any capacity on any project for the C ity of Naples (CITY). All such persons have provided evidence of identity and eligibility to work to the CONSUL TANT in accordance with the IRCA and related law. The undersigned hereby affirms that no person has been or will be employed by the CONSULTANT to work on projects for the CITY who is not authorized to work under law. The undersigned further affirms that the CONSULTANT's files will be updated by written notice any time that additional employees work on projects for the CITY. 3 . The CONSUL TANT will have its consultants , sub-consultants , suppliers and vendors who are involved in projects for the CITY to sign a written acknowledgment that they too are in compliance with immigration law. It is understood that failure to do so could result in the CONSUL TANT being liable for any violation of the law by such third part ies . 4 . The CONSUL TANT will fully cooperate with and have its consultants , sub- consultants , suppliers and vendors to fully cooperate with , all inquiries and investigations conducted by any governmental agency in connection with proper compliance with the laws pertain ing to appropriate work authorization in the United States . 5 . The undersigned , on behalf of the CONSUL TANT , acknowledges that this Certification may be relied upon by the CITY, its officers, directors , employees , and affiliates or related persons and entities. 6 . If it is found that the CONSUL TANT has not complied with the laws pertaining to proper employment authorization , and any legal and administrative action ensues against the CITY , the CONSUL TANT will indemnify , defend and hold the CITY harmless along with their officers, directors , employees , and affiliated or related persons and entities. 7 . The CONSUL TANT acknowledges that the CITY by their authorized representatives shall have the right, at any time, upon 24 hours' notice , to examine the CONSUL TANTS 's books and records to confirm that the CONSUL TANT is in compliance with the terms of this certification . Exe?rff J!)-t ~1 ;[~ • 2016 . By .~~Lt( ... Rev . PC 10/13/201 5 gls/rdp -13 - 16.A.23.d Packet Pg. 1377 Attachment: 02-03 FY16 PC CC Exec FWQ 16-014 Agreem C.A.P. Clerk 16-019 gls 02-22-2016 (7481 : Authorization to issue P.O's utilizing the CITY OF NAPLES, FLORIDA AGREEMENT (PROFESSIONAL CONSUL TANT SERVICES) Bid/Proposal No. 16-014 Clerk Tracking No.. /(p -CCo :2.J Project Name: Building Permit Inspection and Plan Review Services -Library of Firms THIS AGREEMENT (the "Agreement") is made and entered into this 3rd day of February 2016 by and between the City of Naples , a Florida municipal corporation , (the "CITY") and Bureau Veritas North America, Inc., a Foreign Profit Corporation , authorized to do business in the State of Florida , whose bus iness address is: 1601 Sawgrass Corporate Way, Suite 400 ; Fort Lauderdale , Florida 33323 (the "CONSULTANT"}. WHEREAS , the CITY desires to obta in the services of the CONSUL TANT concerning certain services specified in this Agreement (referred to as the "Project"); and WHEREAS , the CONSUL TANT has submitted a proposal for provision of those services ; and WHEREAS , the CONSUL TANT represents that it has expertise in the type of consultant services that will be required for the Project. NOW, THEREFORE , in consideration of the mutual covenants and provis ions conta ined herein , the parties he reto agree as follows : ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. The Services to be performed by the CONSUL TANT are generally described as Building Permit Inspection and Plan Review Services -Library of Firms and may be more fully described in the Scope of Services , attached as EXHIBIT A and made a part of this Agreemen t. 1.2 . The CONSUL TANT agrees to obtain and maintain throughout the period of th is Agreement all such licenses as are required to do business in the State of Florida, the City of Naples , 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 consultant services to be provided and performed by the CONSUL TANT pursuant to this Agreement. This Agreement does not cover Professional Services as outlined in Florida Statute Sec. 287 .055 . 1.3. The CONSULTANT agrees that, when the services to be provided hereunder relate to a consu ltant service which , under Florida Statutes, requires a license , certificate of authorization or other form of legal entitlement to practice such services, it shall employ or retain only qualified personnel to provide such services . 1.4 . The CONSUL TANT agrees to employ and designate , in writing , w ithin 5 calendar days after receiving its Notice to Proceed , or other directive from the CITY, a qualified consultant to serve as the Rev. PC 10/13/20 15 gls/rdp -1 - 16.A.23.e Packet Pg. 1378 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Bureau V Clerk 16-022 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's CONSULTANT's project manager (the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSUL TANT with respect to directing , coordinating and administering all aspects of the services to be provided and performed under this Agreement. 1.5. The CONSUL TANT has represented to the CITY that it has expertise in the type of consultant services that will be required for the Project. The CONSULTANT agrees that all services to be provided by CONSUL TANT pursuant to this Agreement shall be subject to the CITY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as may be applied to the type of services to be rendered, as well as in accordance with all published laws , statutes , ordinances, codes , rules , regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by the CONSULTANT. In the event of any conflicts in these requirements , the CONSUL TANT shall notify the CITY of such conflict and utilize its best professional judgment to advise CITY regarding resolution of the conflict. 1.6 . The CONSUL TANT agrees not to divulge, furnish or make available to any third person , firm or organization , without CITY's prior written consent, or unless incident to the proper performance of the CONSUL TANT'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 the CONSUL TANT hereunder, and the CONSULT ANT shall require all of its employees, agents, sub-consultants and sub-contractors to comply with the provisions of th is paragraph . However, the CONSUL TANT shall comply with the Florida Public Records laws . 1. 7 The CONSUL TANT agrees not to employ or offer to employ any Elected Officer or City Managerial Employee of the CITY who in any way deals with, coordinates on, or assists with, the consultant services provided in this Agreement, for a period of 2 years after termination of all provisions of this Agreement. For purposes of this paragraph , the term "Elected Officer" shall mean any member of the City Council. For purposes of thi s paragraph, the term "City Managerial Employee" shall mean the City Manager, the Assistant City Manager, the City Clerk, and any City department head or director. If the CONSUL TANT violates the provisions of this paragraph , the CONSUL TANT shall be required to pay damages to the CITY in an amount equal to any and all compensation which is received by the former Elected Officer or City Managerial Employee of the CITY from or on behalf of the contracting person or entity, or an amount equal to the former Elected Officer's or City Managerial Employee's last 2 years of gross compensation from the CITY, whichever is greater. 1.8 The CONSUL TANT agrees not to provide services for compensation to any other party other than the CITY on the same subject matter, same project, or scope of services as set forth in this Agreement without approval from the City Council of the CITY. 1.9. Except as otherwise provided in this Agreement, the CONSULTANT agrees not to disclose or use any information not available to members of the general public and gained by reason of the CONSUL TANT's contractual relationship with the CITY for the special gain or benefit of the CONSUL TANT or for the special gain or benefit of any other person or entity. ARTICLE TWO CITY'S RESPONSIBILITIES 2.1. The CITY shall designate in writing a project coordinator to act as the CITY's representative with respect to the services to be rendered under this Agreement (the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions , receive information, interpret and define the CITY's policie s and decisions with respect to the CONSULTANT's services for the Project. Rev. PC 10/13/2015 g ls/rdp -2 - 16.A.23.e Packet Pg. 1379 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Bureau V Clerk 16-022 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSUL TANT 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; (b) The time the CONSUL TANT is obligated to commence and complete all such services; or (c) The amount of compensation the CITY is obligated or committed to pay the CONSULTANT. Any such modifications or changes ((a) (b) or (c)) shall only be made by or upon the authorization of the CITY's city manager as authorized by city council in the enabling legislation or in the CITY's procurement policies. 2.2. The Project Coordinator shall : (a) Review and make appropriate recommendations on all requests submitted by the CONSULT ANT for payment for services and work provided and performed in accordance with this Agreement; (b) Arrange for access to and make all provisions for the CONSUL TANT to enter the Project site to perform the services to be provided by the CONSUL TANT under this Agreement; and (c) Provide notice to the CONSUL TANT of any deficiencies or defects discovered by the CITY with respect to the services to be rendered by the CONSUL TANT hereunder. 2.3. The CONSULTANT acknowledges that access to the Project Site, to be arranged by the CITY for the CONSUL TANT, may be provided during times that are not the normal business hours of the CONSUL TANT. ARTICLE THREE TIME 3.1 . Services to be rendered by the CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the CITY for all or any designated portion of the Projects assigned to this Agreement and shall be performed through September 30, 2019 with the mutually agreed upon option between the CITY and CONSULTANT of two (2) one- year renewals . Time is of the essence with respect to the performance of this Agreement. 3.2 . Should the CONSUL TANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of the CONSUL TANT, and not due to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the CITY, fires, floods, epidemics , quarantine regulations, strikes or lock-outs, then the CONSUL TANT shall notify the CITY in writing within 5 working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which the CONSUL TANT may have had to request a time extension . 3.3. No interruption , interference, inefficiency, suspension or delay in the commencement or progress of the CONSUL TANT's services from any cause whatsoever, including those for which the Rev. PC 10/13/20 15 g ls/rdp -3 - 16.A.23.e Packet Pg. 1380 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Bureau V Clerk 16-022 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's CITY may be responsible in whole or in part, shall relieve the CONSUL TANT of its duty to perform or give rise to any right to damages or additional compensation from the CITY. The CONSUL TANT's sole remedy against the CITY will be the right to seek an extension of time to its schedule . This paragraph shall expressly apply to claims for early completion , as well as claims based on late completion . 3.4. Should the CONSUL TANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the CITY hereunder, the CITY at its sole discretion and option may withhold any and all payments due and owing to the CONSULT ANT until such time as the CONSUL TANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the CITY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FOUR COMPENSATION 4 .1. The total compensation to be paid the CONSUL TANT by the CITY for all Services is not to exceed an hourly rate for each task: Task-1, Inspection Services at $75.00 and Task-2, Plan Review Services at $75.00 and shall be paid in the manner set forth in the "Basis of Compensation" which is attached as EXHIBIT Band made a part of this Agreement. Expenditures for said services shall not exceed a Department's annual Adopted Budget. ARTICLE FIVE MAINTENANCE OF RECORDS 5 .1. The CONSUL TANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by the CONSUL TANT for a minimum of five 5 years from the date of termination of this Agreement or the date the Project is completed , whichever is later. The CITY, or any duly authorized agents or representatives of the CITY, shall 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 5 year period noted above; provided , however, such activity shall be conducted only during normal business hours . If the CONSUL TANT desires to destroy records prior to the minimum period , it shall first obtain permission from the CITY in accordance with the Florida Public Records laws. 5.2 The CONTRACTOR shall : (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the established cost of the CITY or as otherwise provided by law. (c) Ensure that public records that are e xempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements . All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. Rev. PC 10/13/2015 gls/rdp . 4. 16.A.23.e Packet Pg. 1381 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Bureau V Clerk 16-022 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's ( e) Promptly notify the CITY of any public records request. ARTICLE SIX INDEMNIFICATION 6.1. The CONSUL TANT agrees to indemnify and hold harmless the CITY from liabilities , damages , losses and costs, including, but not limited to , reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONSUL TANT and persons employer or utilized by the CONSULT ANT in the performance of the Contract. ARTICLE SEVEN INSURANCE 7.1. The CONSULTANT shall obtain and carry, at all times during its performance under this Agreement, insurance of the types and in the amounts set forth in the document titled General Insurance Requirements, which is attached as EXHIBIT C and made a part of this Agreement. 7.2 In addition to the General Insurance Requirements in Exhibit C the CONSUL TANT shall obtain and maintain Professional Liability Insurance to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSUL TANT waives its right of recovery against OWNER as to any claims under this insurance . Such insurance shall have limits of not les s than $1 ,000 ,000 each claim and in the aggregate. ARTICLE EIGHT SERVICES BY CONSULTANT'S OWN STAFF 8.1 . The services to be performed hereunder shall be performed by the CONSUL TANT's own staff, unless otherwise authorized in writing by the CITY. The employment of, contract with, or use of the services of any other person or firm by the CONSUL TANT, as independent CONSUL TANT or otherwise , shall be subject to the prior written approval of the CITY. No provision of this Agreement shall, however, be construed as constituting an agreement between the CITY and any such other person or firm. Nor shall anyt hing contained in this Agreement be deemed to give any such party or any third party any claim or right of action against the CITY beyond such as may otherwise exist without regard to this Agreement. ARTICLE NINE WAIVER OF CLAIMS 9.1. The CONSUL TANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims , by it against the CITY arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by the CONSUL TANT as unsettled at the time of the final payment. Neither the acceptance of the CONSUL TANT's services nor payment by the CITY shall be deemed to be a waiver of any of the CITY's rights against the CONSULT ANT. Rev . PC 10/13/2015 gl s/rdp ARTICLE TEN TERMINATION OR SUSPENSION -5 - 16.A.23.e Packet Pg. 1382 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Bureau V Clerk 16-022 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's 10 .1. The CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for the CITY to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons : (a) failure to begin work under the Agreement with in the times specified under the Notice(s) to Proceed , or (b) failure to properly and timely perform the services to be provided hereunder or as directed by the CITY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by the CONSUL TANT or by any of the CONSULTANT's principals , officers or directors , or (d) failure to obey laws, ordinances , regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause . The CITY may so terminate this Agreement, in whole or in part, by giving the CONSUL TANT at least 3 calendar days' written notice. 10 .2 . If, after notice of termination of this Agreement as provided for in paragraph 10 .1 above, it is determined for any reason that the CONSULT ANT was not in default, or that its default was excusable , or that the CITY otherwise was not entitled to the remedy against the CONSUL TANT provided for in paragraph 10 .1, then the notice of termination given pursuant to paragraph 10 .1 shall be deemed to be the notice of termination provided for in paragraph 10.3 below and the CONSUL TANT's remedies against the CITY shall be the same as and limited to those afforded the CONSUL TANT under paragraph 10 .3 below. 10 .3. The CITY shall have the right to terminate this Agreement, in whole or in part, without cause upon 7 calendar day's written notice to the CONSUL TANT. In the event of such termination for convenience , the CONSULTANT'S recovery against the CITY 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 the CONSUL TANT that are directly attributable to the termination, but the CONSUL TANT shall not be entitled to any other or further recovery against the CITY, including , but not limited to , anticipated fees o r profits on work not required to be performed . ARTICLE ELEVEN CONFLICT OF INTEREST 11.1 . The CONSUL TANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, whi ch would conflict in any manner with the performance of services required hereunder. The CONSUL TANT further represents that no person s having any such interest shall be employed to perform those services . ARTICLE TWELVE MODIFICATION 12.1. No modification or change in this Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. ARTICLE THIRTEEN NOTICES AND ADDRESS OF RECORD 13 .1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the CITY shall be in writing and shall be delivered by hand or by (USPS) United States Postal Service, first class mail service, postage prepaid , return receipt requested , or as otherwise agreed upon and addressed to the following CITY's address of record : City of Naples 735 Eighth Street South ; Naples, Florida 34102-3796 Attention : A. William Moss, City Manager Rev. PC 10/13/2015 gls/rdp - 6 - 16.A.23.e Packet Pg. 1383 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Bureau V Clerk 16-022 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's 13.2 . All notices required or made pursuant to this Agreement to be given by the CITY to the CONSULTANT shall be made in writing and shall be delivered by hand or by the (USPS) United States Postal Service , first class mail service , postage prepaid, return receipt requested, or as agreed upon and addressed to the following CONSULTANT's address of record : Bureau Veritas North America , Inc . 6819 Porto Fino Circle , Suite 2 Fort Lauderdale , Florida 33912 Attention: Seth Whitworth , Director FEl/EIN Number: On File 13.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article . ARTICLE FOURTEEN MISCELLANEOUS 14.1. The CONTRACTOR, in representing the CITY, shall promote the best interest of the CITY and assume towards the CITY a duty of care commensurate w ith that which is imposed upon persons or firms in contractor's profession . 14.2. No modification , waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 14.3. This Agreement is not assignable, in whole or in part, by the CONSULTANT without the prior written consent of the CITY. 14.4. Waiver 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. 14.5. The headings of the Articles, Exhibits, 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, Exhib its , Parts and Attachments. 14.6. This Agreement 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. 14.7. The CONSULTANT shall comp ly fully with all provisions of state and federal law, including without limitation all provisions of the Immigration Reform and Control Act of 1986 ("IRCA") as amended , as well as all related immigration laws , rules , and regulations perta ining to proper employee work authorization in the United States . The CONSUL TANT shall execute the Certification of Compliance with Immigration Laws , attached hereto as EXHIBIT D. 14.8 To the extent that any provision in the Specifications or any other Contract Documents pertaining to this Project confl ict with any provision of th is Agreement, this Agreement controls . Rev. PC 10/13/2015 gls/rd p -7 - 16.A.23.e Packet Pg. 1384 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Bureau V Clerk 16-022 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's 14.9 Dispute Resolution . Disputes under this Agreement shall be resolved through mutua l consultation between the parties within 14 days after notice; and failing resolution through mutual consultation , through mediation within 30 days thereafter; and failing mediation , through Arbitration under the Florida Arbitration Code, by a single arbitrator. If the parties cannot agree on a mediator or arbitrator, within 14 days of failure of the previous method , they shall request the Chief Judge of the 201h Judicial Circuit to appoint a mediator, or an arbitrator, as the case may be . Time periods are waivable by mutual agreement of the parties, but shall not exceed 90 days for completion of the processes described herein , unless by mutual agreement. Costs of the mediator or arbitrator shall be shared equally. 14 .10 Attorneys ' fees . Except as otherwise provided herein , each party shall be responsible for its own attorneys' fees. ARTICLE FIFTEEN APPLICABLE LAW 15 .1. Unless otherwise specified , this Agreement shall be governed by the laws, ru les, and regulations of the State of Florida , and by the laws , rules and regulations of the United States when providing 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 Florida state court in Collier County, Florida. END OF ARTICLE PAGE Rev. PC 10/13/2015 gls/rdp -8 - 16.A.23.e Packet Pg. 1385 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Bureau V Clerk 16-022 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's IN WITNESS WHEREOF, the parties hereto have executed this Agreement for the day and year first written above. ATTEST: By: CITY: CITY OF NAPLES, FLORIDA, A Municipal Corp%Jtio ~ By: a fvJ;Z-J' ( ~ A William Moss, City Manager By: -~-\ _c {_\ -"'"'-=--~ _. Y--'-'(\.--'--~-T-\ __ _ Robert D . Pritt, City Attorney ~-l?C~ Witness v~"'J St-a.V\fo (""~ Witness Printed Name Rev . PC 10/13/2015 gls/rdp CONSUL TANT: Bureau Veritas North America , Inc. 6819 Porto Fino Circle, Suite 2 Fort Lauderdale , Florida 33912 ::•nt~~ Printed Name: JOSefH S' llV\itfl~tt Title: tJ I RC. c.,T6 f--6 f-Q P ~TKrl'f) FEl/EIN Number: On File A Foreign Profit Corporation (DE) (CORPORATE SEAL) -9 - 16.A.23.e Packet Pg. 1386 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Bureau V Clerk 16-022 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's EXHIBIT A SCOPE OF SERVICES The Scope of Services to be provided under this Agreement are included in Exhibit A which is attached and made a part of this Agreement and those set out in the Bid, any issued Addendum(s) and the Vendor's Submittal of (RFP) Request for Proposal No. 16-014, titled Building Inspection and Plan Review Services -Library of Firms herein referenced and made a part of this Agreement. Summary: The City of Naples, Florida "Library of Permit Service Providers" for Inspection Services and Plan Review Services act as independent Build ing Permit Inspectors and Plan Reviewers for various City Building Permit Applications . Overview: The City of Naples follows established uniform procedures and Florida Building Code requirements for managing City Building Permit Applications. Through assigned duties, the Permit Inspection & Plan Review Service Provider is responsible for providing all required Florida Building Code Reviews and Inspections for the City in any contract work to be performed . The Service provider may be assigned to provide all Florida Building Code required reviews and inspections or may be teamed with Building Department staff to perform specific review or inspections services . These services will supplement City staff in the event of personnel shortages , such as vacation , illness or any other emergency staffing needs. Additionally, temporary services may be needed to assist our existing staff as a result of increased construction permitting activity and other customer service initiatives to enhance inspection and plan services provided by the City. All awarded firms and their provided staff shall be licensed as per FS 468 part XII for required services provided . Scope of Services: The Scope of Services provided by the "Library of Perm it Service Providers" will include , but are not limited to, the following for Permit Applications: Task 1: Provide Florida Building Code Structural , Mechanical , Electrical, and Plumbing Inspection Services . Inspection Services shall be for 1-2 Family, Multi-Family and Commercial projects . Task 2: Provide Florida Building Code Structural, Mechanical , Electrical , and Plumbing Plan Review Services. Review Services shall be for 1-2 Family, Multi-Family and Commercial projects. END OF EXHIBIT A Rev. P C 10/13/2015 gls/rd p -10 - 16.A.23.e Packet Pg. 1387 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Bureau V Clerk 16-022 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's EXHIBITS BASIS OF COMPENSATION As consideration for providing the Services as set forth in the Agreement, the CITY agrees to pay, and the CONSUL TANT agrees to accept payment on a time and reimbursement cost basis as indicated in Exhibit B, which is attached and made part of this Agreement. Retainage: (N/A) Not applicable to this Agreement. C91t Batt Schedule; lnciucte this schedule under ~ of your proposal. Provide an Inclusive hour1y rate for all services. The contractor understands all Incidental costs including; time, labor materials, tools. equipment, facilities, transportation, allowances for profit, tools of the trade, and all services necessary for a project, must be included in the proposal hourty rate. Task 1 • Provide Florida Building Code Structural. Mechanical, Electrical, and Plumbing Inspection Services. Inspection Services shall be for 1-2 Family, Multi-Family and Commercial projects. HOURLY RATE S 75.00 ~~~-- AMOUNT IN WORDS Seventy-five dollars per hour Tuk2 • Provide Florida Building Code Structural, Mechanical , Electrical, and Plumbing Plan Review Services. Review Services shall be for 1-2 Famlly, Multi-Family and Commercial projects . HOURLY RA TE $-"'-'75,..,.0...,0......_ __ AMOUNT IN WORDS Seventy-five dollars per hour Company Name Byreau Yedtas North America. Inc. PH 239-278-0939 Emai I erlc.woods@us.bureauverttas .com Name and Title of individual completing this schedule: Director of Operations (fille) Janua 13 2016 (Date) END OF EXHIBIT B Rev. PC 10/13/2015 gls/rdp -11 - 16.A.23.e Packet Pg. 1388 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Bureau V Clerk 16-022 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's EXHIBIT C GENERAL INSURANCE REQUIREMENTS The CONSULTANT shall not commence work until he has obtained all the insurance required under this heading, and until such insurance has been approved by the Owner, nor shall the CONSULT ANT allow any sub -consultant to commence work until all similar insurance required of the sub-consultant as also been obtained and approved by the Owner. Certificates of insurance must be issued by an authorized representative of the insurance company at the request and direction of the policyholder and must include sufficient information so as to identify the coverage and the contract for Owner's improvements for which they are issued. Certificates of insurance must be issued by a nationally recognized insurance company with a Best's Rating of no less than B+Vll, satisfactory to the Owner , and duly licensed to do business in the state of said Contract. The CONSULT ANT shall procure and maintain, during the life of this Contract, Workmen's Compensation Insurance for all of his employees to be engaged in work under this Contract, and he shall require any sub- consultant similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work , unless such employees are covered by the protection afforded by the CONSUL TANT's insurance. In case any employees are to be engaged in hazardous work under this Contract , and are not protected under this Workmen's Compensation statute , the CONSULT ANT shall provide, and shall cause each sub-consultant to provide, adequate coverage for the protection of such employees . It is acceptable to use a State-approved Workmen's Compensation Self-Insurance fund. Except for Worker's Compensation coverage , or unless waived by the City in writing , the CONSULT ANT shall take out and maintain during the life of this Contract, Public Liability and Property Damage and shall include Contractual Liability , Personal Injury, Libel , Slander, False Arrest, Malicious Prosecution , Wrongful Entry or Evict ion , Broad Form Property Damage , Products , Completed Operations and XCU Coverage to be included on an occurrence basis, and to the full extent of the Contract to protect him, the Owner, and any sub-consultant performing work covered by this Contract from damages for personal injury, including accidental death , as well as from claims for property damage, which may arise from operations under this contract, whether such operations be by himself or by a sub-consultant, or by anyone directly or indirectly employed by either of them . The CONSUL TANT shall also maintain automobile liability insurance including "non-owned and hired" coverage. The entire cost of this insurance shall be borne by the CONSULT ANT. The amount of such insurance shall be no less than $1 ,000,000 annual aggregate for bodily injury and property damage combined per occurrence . Except for the Worker's Compensation and Professional Liability , the City of Naples must be named as Additional Insured on the insurance certificate and the following must also be stated on the certificate. "These coverage 's are primary to all other coverage 's the City possesses for this contract only ." The City of Naples shall be named as the Certificate Holder. The Certificate Holder shall read as follows : City of Naples Attention: City Manager 735 Eighth Street South Naples, Florida 34102 No City Division , Department, or individual name should appear on the Certificate. No other format will be acceptable. without prior approval of the City. The Certificate must state the bid number and title. When using the ACORD 25 -Certificate of In surance only the most current version w ill be accepted . The City of Naples requires a copy of a cancellation notice in the event the policy is cancelled. The City of Naples shall be expressly endorsed onto the policy as a cancellation notice recipient. [If other insurance or insurance requirements or any waivers, attach as Exhibit C-1through C-_] Rev. PC 10/13/2015 gls/rdp -12 - 16.A.23.e Packet Pg. 1389 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Bureau V Clerk 16-022 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's EXHIBIT D CERTIFICATION OF COMPLIANCE WITH IMMIGRATION LAWS The undersigned is Director of Operations -Facilities, Bureau Veritas North America, Inc., company ("the CONSUL TANT'), and hereby certifies to the following: 1. The CONSUL TANT is in full compliance with all provisions of the Immigration Reform and Control Act of 1986 ("IRCA"), as well as all related immigration laws , rules , regulations pertaining to proper employee work authorization in the United States . 2. The undersigned has verified that the CONSUL TANT has obtained and maintains on file , and will continue to obtain and maintain on file, all documentation required by law, including but not lim ited to, Form 1-9, Employment Eligibility Verification , for all persons employed by or working for the CONSUL TANT in any capacity on any project for the City of Naples (CITY}. All such persons have provided evidence of identity and eligibility to work to the CONSULTANT in accordance with the IRCA and related law. The undersigned hereby affirms that no person has been or will be employed by the CONSULTANT to work on projects for the CITY who is not authorized to work under law. The undersigned further affirms that the CONSUL TANT's fi les will be updated by written notice any time that additional employees work on projects for the CITY. 3. The CONSUL TANT will have its consultants, sub-consultants, suppliers and vendors who are involved in projects for the CITY to sign a written acknowledgment that they too are in compliance with immigration law. It is understood that failure to do so could result in the CONSUL TANT being liable for any violation of the law by such third parties . 4. The CONSUL TANT will fully cooperate with and have its consultants , sub - consultants, suppliers and vendors to fully cooperate with, all inquiries and investigations conducted by any governmental agency in connection with proper compliance with the laws perta ining to appropriate work authorization in the United States. 5 . The undersigned , on behalf of the CONSUL TANT, acknowledges that this Certification may be relied upon by the CITY, its officers, directors , employees , and affiliates or related persons and entities . 6. If it is found that the CONSUL TANT has not complied with the laws pertaining to proper employment authorization, and any legal and administrative action ensues against the CITY, the CONSUL TANT will indemnify, defend and hold the CITY harmless along with their officers, directors, employees , and affiliated or related persons and entities . 7 . The CONSUL TANT acknowledges that the CITY by their authorized representatives shall have the right , at any time, upon 24 hours ' notice , to examine the CONSUL TANTS 's books and records to confirm that the CONSUL TANT is in compliance with the terms of this certification. Executed this 0 g ~ Ft: e, 1l. V\ A-!'-11 By &fS l - '2016. Rev. PC 10/13/2015 g ls/rdp • 13. 16.A.23.e Packet Pg. 1390 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem Bureau V Clerk 16-022 exp 09-30-19 gls 02-22-16 (7481 : Authorization to issue P.O's CITY OF NAPLES, FLORIDA AGREEMENT (PROFESSIONAL CONSUL TANT SERVICES) Bid/Proposal No . 16-014 Clerk Tracking No. /ft>-0 0 0 JJ Project Name: Building Permit Inspection and Plan Review Services -Library of Firms THIS AGREEMENT (the "Agreement") is made and entered into this 3rd day of February 2016 by and between the City of Naples , a Florida municipal corporation , (the "C ITY") and GFA International, Inc., a Florida Profit Corporation, authorized to do business in the State of Florida , whose business address is: 1215 Wallace Drive; Delray Beach , Florida 33444 (the "CONSUL TANT"). WHEREAS , the CITY desires to obtain the services of the CONSUL TANT concerning certain services specified in this Agreement (referred to as the "Project"); and WHEREAS, the CONSUL TANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of consultant services that will be required for the Project. NOW, THEREFORE , in consideration of the mutual covenants and provisions contained herein , the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1 . The Services to be performed by the CONSUL TANT are generally described as Building Permit Inspection and Plan Review Services -Library of Firms and may be more fully described in the Scope of Services , attached as EXHIBIT A and made a part of this Agreement. 1.2. The CONSUL TANT 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 , the City of Naples, 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 consu ltant services to be provided and performed by the CONSUL TANT pursuant to this Agreement. Th is Agreement does not cover Professional Services as outlined in Florida Statute Sec. 287 .055. 1.3. The CONSUL TANT agrees that, when the services to be provided hereunder relate to a consultant service which, under Florida Statutes, requires a license , certificate of authorization or other form of legal entitlement to practice such services, it shall employ or retain only qualified personnel to provide such services . 1.4. Th e CONSUL TANT agrees to employ and designate , in writing , within 5 calendar days after receiving its Notice to Proceed , or other directive from the CITY, a qualified consu ltant to se rve as the Rev . PC 10/13/201 5 gls/rdp -1 - 16.A.23.f Packet Pg. 1391 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem GFA exp 09-30-19 Clerk 16-023 gls 02-23-2016 (7481 : Authorization to issue P.O's CONSUL TANT's project manager (the "Project Manager"). The Project Manager shall be 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. 1.5. The CONSUL TANT has represented to the CITY that it has expertise in the type of consultant services that will be required for the Project. The CONSUL TANT agrees that all services to be provided by CONSUL TANT pursuant to this Agreement shall be subject to the CITY's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida , as may be applied to the type of services to be rendered, as well as in accordance with all published laws , statutes, ordinances, codes, rules , regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by the CONSUL TANT . In the event of any conflicts in these requirements, the CONSUL TANT shall notify the CITY of such conflict and utilize its best professional judgment to advise CITY regarding resolution of the conflict. 1.6. The CONSUL TANT agrees not to divulge, furnish or make available to any third person, firm or organization , without CITY's prior written consent , or unless incident to the proper performance of the CONSUL TANT'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 the CONSUL TANT hereunder, and the CONSUL TANT shall require all of its employees , agents, sub-consultants and sub-contractors to comply with the provisions of this paragraph . However, the CONSULTANT shall comply with the Florida Public Records laws . 1. 7 The CONSUL TANT agrees not to employ or offer to employ any Elected Officer or City Managerial Employee of the CITY who in any way deals with, coordinates on, or assists with , the consultant services provided in this Agreement, for a period of 2 years after termination of all provisions of this Agreement. For purposes of this paragraph , the term "Elected Officer" sha ll mean any member of the City Counci l. For purposes of this paragraph , the term "City Managerial Employee" shall mean the City Manager, the Assistant City Manager, the City Clerk , and any City department head or director. If the CONSULTANT viola tes the provisions of this paragraph, the CONSULTANT shall be required to pay damages to the CITY in an amount equal to any and all compensation which is received by the former Elected Officer or City Managerial Employee of the CITY from or on behalf of the contracting person or entity, or an amount equal to the former Elected Officer's or City Managerial Employee's last 2 years of gross compensation from the CITY, whichever is greater. 1.8 The CONSUL TANT agrees not to provide services for compensation to any other party other than the CITY on the same subject matter, same project, or scope of services as set forth in this Agreement without approval from the City Council of the CITY. 1.9. Except as otherwise provided in this Agreement, the CONSULTANT agrees not to disclose or use any information not available to members of the general public and gained by reason of the CONSUL TANT's contractual relationship with the CITY for the special gain or benefit of the CONSUL TANT or for the special gain or benefit of any other person or entity. ARTICLE TWO CITY'S RESPONSIBILITIES 2.1. The CITY shall designate in writing a project coordinator to act as the CITY's representative with respect to the services to be rendered under this Agreement (the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions, receive information , interpret and define the CITY's policies and decisions with respect to the CONSUL TANT's services for the Proje ct. Rev . PC 10/13/201 5 gls/rdp - 2 - 16.A.23.f Packet Pg. 1392 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem GFA exp 09-30-19 Clerk 16-023 gls 02-23-2016 (7481 : Authorization to issue P.O's However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSUL TANT 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 CONSUL TANT; (b) The time the CONSUL TANT is obligated to commence and complete all such services ; or (c) The amount of compensation the CITY is obligated or committed to pay the CONSUL TANT. Any such modifications or changes ((a) (b) or (c)) shall only be made by or upon the authorization of the CITY's city manager as authorized by city council in the enabling legislation or in the CITY's procurement policies. 2.2. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSUL TANT for payment for services and work provided and performed in accordance with this Agreement; (b) Arrange for access to and make all provisions for the CONSUL TANT to enter the Project site to perform the services to be provided by the CONSUL TANT under this Agreement; and (c) Provide notice to the CONSULTANT of any deficiencies or defects discovered by the CITY with respect to the services to be rendered by the CONSUL TANT hereunder. 2.3 . The CONSUL TANT acknowledges that access to the Project Site, to be arranged by the CITY for the CONSUL TANT, may be provided during times that are not the normal business hours of the CONSUL TANT. ARTICLE THREE TIME 3.1. Services to be rendered by the CONSUL TANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the CITY for all or any designated portion of the Projects assigned to this Agreement and shall be performed through September 30, 2019 with the mutually agreed upon option between the CITY and CONSUL TANT of two (2) one - year renewals . Time is of the essence with respect to the performance of this Agreement. 3.2. Should the CONSUL TANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of the CONSUL TANT, and not due to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the CITY, fires, floods , epidemics, quarantine regulations, strikes or lock-outs, then the CONSUL TANT shall notify the CITY in writing within 5 working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which the CONSULTANT may have had to request a time extension. 3.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the CONSUL TANT's services from any cause whatsoever, including those for which the Rev. PC 10/13/2015 gls/rdp . 3. 16.A.23.f Packet Pg. 1393 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem GFA exp 09-30-19 Clerk 16-023 gls 02-23-2016 (7481 : Authorization to issue P.O's CITY may be responsible in whole or in part , shall relieve the CONSUL TANT of its duty to perform or give rise to any right to damages or add itional compensation from the CITY. The CONSUL TANT's sole remedy against the CITY will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion , as well as claims based on late completion . 3.4. Should the CONSUL TANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the CITY hereunder, the CITY at its sole discretion and option may withhold any and all payments due and owing to the CONSUL TANT until such time as the CONSUL TANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the CITY's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FOUR COMPENSATION 4 .1. The total compensation to be paid the CONSUL TANT by the CITY for all Services is not to exceed an hourly rate fo r each task: Task-1, Inspection Services at $75.00 and Task-2, Plan Review Services at $85.00 and shall be paid in the manner set forth in the "Basis of Compensation " which is attached as EXHIBIT B and made a part of this Agreement. Expenditures for said services shall not exceed a Department's annual Adopted Budget. ARTICLE FIVE MAINTENANCE OF RECORDS 5.1. The CONSUL TANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by the CONSUL TANT for a minimum of five 5 years from the date of termination of this Agreement or the date the Project is completed, whichever is later. The CITY, or any duly authorized agents or representatives of the CITY, shall 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 5 year period noted above ; provided, however, such activity shall be conducted only during normal business hours . If the CONSUL TANT desires to destroy records prior to the minimum period, it shall first obtain permission from the CITY in accordance with the Florida Public Records laws. 5.2 The CONTRACTOR shall : (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the service . (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the established cost of the CITY or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public re cords disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost , to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements . All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. Rev . PC 10/13/20 15 gls/rdp -4 - 16.A.23.f Packet Pg. 1394 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem GFA exp 09-30-19 Clerk 16-023 gls 02-23-2016 (7481 : Authorization to issue P.O's ( e) Promptly notify the CITY of any public records request. ARTICLE SIX INDEMNIFICATION 6.1. The CONSUL TANT agrees to indemnify and hold harmless the CITY from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence , recklessness , or intentional wrongful misconduct of the CONSUL TANT and persons employer or utilized by the CONSUL TANT in the performance of the Contract. ARTICLE SEVEN INSURANCE 7 .1 . The CONSUL TANT shall obtain and carry , at all times during its performance under this Agreement, insurance of the types and in the amounts set forth in the document titled General Insurance Requirements, which is attached as EXHIBIT C and made a part of this Agreement. 7.2 In addition to the General Insurance Requirements in Exhibit C the CONSULTANT shall obtain and maintain Professional Liability Insurance to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSUL TANT waives its right of recovery against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than $1,000 ,000 each claim and in the aggregate. ARTICLE EIGHT SERVICES BY CONSULTANT'S OWN STAFF 8 .1. The services to be performed hereunder shall be performed by the CONSUL TANT's own staff. unless otherwise authorized in writing by the CITY. The employment of, contract with, or use of the services of any other person or firm by the CONSUL TANT. as independent CONSUL TANT or otherwise, shall be subject to the prior written approval of the CITY. No provision of this Agreement shall , however, be construed as constituting an agreement between the CITY and any such other person or firm. Nor shall anything contained in this Agreement be deemed to give any such party or any third party any claim or right of action against the CITY beyond such as may otherwise exist without regard to this Agreement. ARTICLE NINE WAIVER OF CLAIMS 9.1. The 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 the CITY arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by the CONSUL TANT as unsettled at the time of the final payment. Neither the acceptance of the CONSUL TANT's services nor payment by the CITY shall be deemed to be a waiver of any of the CITY's rights against the CONSUL TANT. Rev. PC 10/13/2 015 gls/rdp ARTICLE TEN TERMINATION OR SUSPENSION - 5 - 16.A.23.f Packet Pg. 1395 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem GFA exp 09-30-19 Clerk 16-023 gls 02-23-2016 (7481 : Authorization to issue P.O's 10 .1. The CONSUL TANT shall be considered in material default of this Agreement and such default will be considered cause for the CITY to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons : (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed , or (b) failure to properly and timely perform the services to be provided hereunder or as directed by the CITY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by the CONSUL TANT or by any of the CONSUL TANT's principals, officers or directors, or (d) failure to obey laws , ordinances , regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The CITY may so terminate this Agreement, in whole or in part, by giving the CONSUL TANT at least 3 calendar days ' written notice . 10.2. If, after notice of termination of this Agreement as provided for in paragraph 10 .1 above, it is determined for any reason that the CONSUL TANT was not in default, or that its default was excusable , or that the CITY otherwise was not entitled to the remedy against the CONSUL TANT provided for in paragraph 10.1, then the notice of termination given pursuant to paragraph 10 .1 shall be deemed to be the notice of termination provided for in paragraph 10.3 below and the CONSULTANT's remedies against the CITY shall be the same as and limited to those afforded the CONSUL TANT under paragraph 10.3 below. 10.3. The CITY shall have the right to terminate this Agreement, in whole or in part, without cause upon 7 calendar day's written notice to the CONSUL TANT. In the event of such termination for convenience , the CONSULTANT'S recovery against the CITY 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 the CONSUL TANT that are directly attributable to the termination, but the CONSULTANT shall not be entitled to any other or further recovery against the CITY, including , but not limited to , anticipated fees or profits on work not required to be performed. ARTICLE ELEVEN CONFLICT OF INTEREST 11 .1. The CONSUL TANT 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 requ ired hereunder. The CONSULT ANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE TWELVE MODIFICATION 12.1. No modification or change in this Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. ARTICLE THIRTEEN NOTICES AND ADDRESS OF RECORD 13.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the CITY shall be in writing and shall be delivered by hand or by (USPS) United States Postal Serv ice , first class mail service, postage prepaid , return receipt requested, or as otherwise agreed upon and addressed to the following CITY's address of record : City of Naples 735 Eighth Street South; Naples, Florida 34102-3796 Attention : A. William Moss, City Manager Rev . PC 10/13/2015 gls/rdp -6 - 16.A.23.f Packet Pg. 1396 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem GFA exp 09-30-19 Clerk 16-023 gls 02-23-2016 (7481 : Authorization to issue P.O's 13.2. All notices required or made pursuant to this Agreement to be gi ven by the CITY to the CONSUL TANT shall be made in writing and shall be delivered by hand or by the (USPS) United States Postal Service, first class mail service, postage prepaid , return receipt requested , or as agreed upon and addressed to the following CONSUL TANT's address of record: GFA International , Inc. 5851 Country Lakes Drive Fort Myers , Florida 33905 Attention : Fred Kaub, President FEl/EIN Number: On File 13.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE FOURTEEN MISCELLANEOUS 14 .1. The CONTRACTOR, in representing the CITY, shall promote the best interest of the CITY and assume towards the CITY a duty of care commensurate with that wh ich is imposed upon persons or firms in contractor's profession . 14.2. No modification , waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party . 14.3. This Agreement is not assignable , in whole or in part, by the CONSUL TANT without the prior written consent of the CITY. 14.4. Waiver 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. 14.5. The headings of the Articles , Exhibits, 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 , Exhibits , Parts and Attachments. 14.6. This Agreement 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. 14.7 . The CONSULTANT shall comply fully with all provisions of state and federal law, including without limitation all provisions of the Immigration Reform and Control Act of 1986 ("IRCA") as amended , as well as all related immigration laws , rules , and regulations pertaining to proper employee work authorization in the United States. The CONSUL TANT shall execute the Certification of Compliance with Immigration Laws , attached hereto as EXHIBIT D . 14.8 To the extent that any provision in the Specifications or any other Contract Documents pertaining to this Project conflict with any provision of th is Agreement, this Agreement controls. R ev. PC 10/13/2015 gls /r dp - 7 - 16.A.23.f Packet Pg. 1397 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem GFA exp 09-30-19 Clerk 16-023 gls 02-23-2016 (7481 : Authorization to issue P.O's 14.9 Dispute Resolution . Disputes under this Agreement shall be resolved through mutual consultation between the parties within 14 days after notice; and failing resolution through mutual consultation , through mediation within 30 days thereafter; and failing mediation , through Arbitration under the Florida Arbitration Code , by a single arbitrator. If the parties cannot agree on a med iator or arbitrator, within 14 days of failure of the previous method , they shall request the Chief Judge of the 201h Judicial Circuit to appoint a mediator, or an arbitrator, as the case may be. Time periods are waivable by mutual agreement of the parties, but shall not exceed 90 days for completion of the processes described herein , unless by mutual agreement. Costs of the mediator or arbitrator shall be shared equally. 14.10 Attorneys ' fees. Except as otherwise provided herein , each party shall be responsible for its own attorneys ' fees . ARTICLE FIFTEEN APPLICABLE LAW 15 .1. Unless otherwise specified , this Agreement shall be governed by the laws, rules , and regulations of the State of Florida, and by the laws, rules and regulations of the United States when providing 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 Florida state court in Collier County, Florida. END OF ARTICLE PAGE Rev. PC 10/13/2015 gls/rdp - 8 - 16.A.23.f Packet Pg. 1398 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem GFA exp 09-30-19 Clerk 16-023 gls 02-23-2016 (7481 : Authorization to issue P.O's IN WITNESS WHEREOF, the parties hereto have executed this Agreement for the day and year first written above. ATTEST: Approved as to form· and legal sufficiency: By: r;2J~ \.) ·g& Robert D. Pritt, Cfyttorney CITY: CONSUL TANT: GFA International , Inc. 5851 Country Lakes Drive Fort Myers , Florida 33905 Attention: Fred K ub, re ident 1\}v1 ~,{f>J ~4 --~-- W1tness J ~ wcy r t+E1N -w1 ·ENlN6 Printed Name: - Witness Printed Name Title : ___ r..,.__"f""'_c;'""'5'"----------- FEl/EIN Number: On File A Florida Profit Corporation (FL) (CORPORATE SEAL) Rev. PC 10/13/2015 gls/rdp -9- 16.A.23.f Packet Pg. 1399 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem GFA exp 09-30-19 Clerk 16-023 gls 02-23-2016 (7481 : Authorization to issue P.O's EXHIBIT A SCOPE OF SERVICES The Scope of Services to be provided under this Agreement are included in Exhibit A which is attached and made a part of this Agreement and those set out in the Bid, any issued Addendum(s) and the Vendor's Submittal of (RFP) Request for Proposal No. 16-014, titled Building Inspection and Plan Review Services -Library of Firms herein referenced and made a part of this Agreement. Summary: The City of Naples, Florida "Library of Permit Service Providers" for Inspection Services and Plan Review Services act as independent Building Permit Inspectors and Plan Reviewers for various City Building Permit Applications . Overview: The City of Naples follows established uniform procedures and Florida Building Code requirements for managing City Building Permit Applications. Through assigned duties, the Permit Inspection & Plan Review Service Provider is responsible for providing all required Florida Building Code Reviews and Inspections for the City in any contract work to be performed. The Service provider may be assigned to provide all Florida Building Code required reviews and inspections or may be teamed with Building Department staff to perform specific review or inspections services. These services will supplement City staff in the event of personnel shortages , such as vacation, illness or any other emergency staffing needs . Additionally , temporary services may be needed to assist our existing staff as a result of increased construction permitting activity and other customer service initiatives to enhance inspection and plan services provided by the City. All awarded firms and their provided staff shall be licensed as per FS 468 part XII for required services provided . Scope of Services: The Scope of Services provided by the "Library of Permit Service Providers" will include , but are not limited to, the following for Permit Applications: Task 1: Provide Florida Building Code Structural , Mec hanical , Electrical , and Plumbing Inspection Services . Inspection Services shall be for 1-2 Family, Multi-Family and Commercial projects . Task 2: Provide Florida Building Code Structural , Mechanical, Electrical, and Plumbing Plan Review Services. Review Services shall be for 1-2 Family, Multi-Family and Commercial projects . END OF EXHIBIT A Rev. PC 10/13/2 01 5 gls/rd p -10 - 16.A.23.f Packet Pg. 1400 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem GFA exp 09-30-19 Clerk 16-023 gls 02-23-2016 (7481 : Authorization to issue P.O's EXHIBIT B BASIS OF COMPENSATION As consideration for providing the Services as set forth in the Agreement, the CITY agrees to pay, and the CONSULT ANT agrees to accept payment on a time and reimbursement cost basis as indicated in Exhibit B, which is attached and made part of this Agreement. Retainage: (N/A) Not applicable to this Agreement. Cost Rate S chedule: Include t h i s schedule under TAB 5 of your prop osal. Provide an inclusive hourly rate for all services. The contractor understands all incidenta l costs i ncludi ng; time , labor materials, too l s. equipment. facilitie s , transportation, allowances for profit, tools of the t rade, a n d all services necessary for a projeci, must be included i n the proposal hourly rate. Task 1 • Provide Flor ida Building Code Structura l , M e<;h an1cal. Electrical. and Plurnbi ng Inspection Serv:ices. lnspecljon Services shall be for 1-2 Family. Multi-Family and Co mmerc1 a l projects. HOURLY RA TE $ $75 00 • AMOUNT I N WORDS Seventy-fi ve dO'llars per hour • 3% cash back on all prompt payments. Task 2 • P rovide Florida Buildin g Code Structural . Mechanical. E lectrical. and Plumbing Plan Review Services . Review Serv.ces shal l be for 1-2 Fami ly, Multi-Family and Commercial projects. HOURL Y RATE $ $85 oo • AMOUNT IN WORDS __ E=ig'"'""'h"""'ty_.fi'"'-1v'-"e,_d=o=1=1a""rs:_o;,oe.-r._h-.ou=r---------- • 3% cash back on al l prompt payments C'ompaoy ·a m c GEA lnrematj ooaJ.Jnc. ____ PH (239) 489-2443 Email tmerri ck@TeamGFA com Nam e and Title of 1ndiv1du.a l complet ing !his schedule: Jan. 13. 2016 (D ate) Pl ease note We require a minimu m of 3 hours of work per assignment END OF EXHIBIT B Rev. PC 10/13/2015 gls/rdp -11 - 16.A.23.f Packet Pg. 1401 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem GFA exp 09-30-19 Clerk 16-023 gls 02-23-2016 (7481 : Authorization to issue P.O's EXHIBIT C GENERAL INSURANCE REQUIREMENTS The CONSULT ANT shall not commence work until he has obtained all the insurance required under this heading , and until such insurance has been approved by the Owner, nor shall the CONSULT ANT allow any sub-consultant to commence work until all similar insurance required of the sub-consultant as also been obtained and approved by the Owner. Certificates of insurance must be issued by an authorized representative of the insurance company at the request and direction of the policyholder and must include sufficient information so as to identify the coverage and the contract for Owner's improvements for which they are issued . Certificates of insurance must be issued by a nationally recognized insurance company with a Best's Rating of no less than B+Vll, satisfactory to the Owner, and duly licensed to do business in the state of said Contract. The CONSULTANT shall procure and maintain , during the life of this Contract , Workmen's Compensation Insurance for all of his employees to be engaged in work under this Contract, and he shall require any sub- consultant similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work, unless such employees are covered by the protection afforded by the CONSULT ANT's insurance . In case any employees are to be engaged in hazardous work under this Contract, and are not protected under this Workmen's Compensation statute , the CONSULT ANT shall provide , and shall cause each sub-consultant to provide, adequate coverage for the protection of such employees . It is acceptable to use a State-approved Workmen's Compensation Self-Insurance fund . Except for Worker's Compensation coverage, or unless waived by the City in writing , the CONSULT ANT shall take out and maintain during the life of this Contract, Public Liability and Property Damage and sha ll include Contractual Liability, Personal Injury, Libel, Slander, False Arrest, Malicious Prosecution, Wrongful Entry or Eviction, Broad Form Property Damage , Produ cts, Completed Operations and XCU Coverage to be included on an occurrence basis, and to the full extent of the Contract to protect him, the Owner, and any sub-consu ltant performing work covered by this Contract from damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from operations under this contract , whether such operations be by himself or by a sub-consultant, or by anyone directly or indirectly employed by either of them . The CONSULT ANT shall also maintain automobile liability insurance including "non-owned and hired" coverage . The entire cost of this insurance shall be borne by the CONSULTANT . The amount of such insurance shall be no less than $1 ,000 ,000 annual aggregate for bodily injury and property damage combined per occurrence . Except for the Worker's Compensation and Professional Liability, the City of Naples must be named as Add itional Insured on the insurance certificate and the following must also be stated on the certificate. "These coverage 's are primary to all other coverage 's the City possesses for this contract only." The City of Naples shall be named as the Certificate Holder. The Certificate Holder shall read as follows : City of Naples Attention : City Manager 735 Eighth Street South Naples , Florida 34102 No City Division , Department , or individual name should appear on the Certificate . No other format will be acceptable, without prior approval of the City. The Certificate must state the bid number and title . When using the ACORD 25 -Certificate of Insurance only the most cu rrent version will be accepted . The City of Naples requires a copy of a cancellation notice in the event the policy is cancelled . The City of Naples shall be expressly endorsed onto the policy as a cancellation notice recipient. [If other insurance or insurance requirements or any waivers, attach as Exhibit C-1through C-_] Rev . PC 10/13/2 015 gls/rdp -12 - 16.A.23.f Packet Pg. 1402 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem GFA exp 09-30-19 Clerk 16-023 gls 02-23-2016 (7481 : Authorization to issue P.O's EXHIBIT D CERTIFICATION OF COMPLIANCE WITH IMMIGRATION LAWS The undersigned is the President of the GFA International, Inc., company ("the CONSUL TANT"), and hereby certifies to the following: 1. The CONSUL TANT is in full compliance with all provisions of the Immigration Reform and Control Act of 1986 ("IRCA"), as well as all related immigration laws, rules, regulations pertaining to proper employee work authorization in the United States . 2 . The undersigned has verified that the CONSUL TANT has obtained and maintains on file, and will continue to obtain and maintain on file, all documentation required by law, including but not limited to, Form 1-9, Employment Eligibility Verification, for all persons employed by or working for the CONSUL TANT in any capacity on any project for the City of Naples (C ITY). All such persons have provided evidence of identity and eligibility to work to the CONSUL TANT in accordance with the IRCA and related law. The undersigned hereby affirms that no person has been or will be employed by the CONSUL TANT to work on projects for the CITY who is not authorized to work under law. The undersigned further affirms that the CONSUL TANT's files will be updated by written notice any time that additional employees work on projects for the CITY. 3 . The CONSULT ANT will have its consultants, sub-consultants , supplie rs and vendors who are involved in projects for the CITY to sign a written acknowledgment that they too are in compliance with immigration law. It is understood that failure to do so could result in the CONSUL TANT being liable for any violation of the law by such third parties. 4. The CONSUL TANT will fully cooperate with and have its consultants , sub- consu ltants , suppliers and vendors to fully cooperate with, all inquiries and investigations conducted by any governmental agency in connection with proper compliance with the laws pertaining to appropriate work authorization in the United States . 5 . The undersigned , on behalf of the CONSULTANT, acknowledges that this Certification may be relied upon by the CITY, its officers, directors, employees , and affi liates or related persons and entities. 6. If it is found that the CONSUL TANT has not comp lied with the laws pertaining to proper employment autho ri zation, and any legal and administrative action ensues against the CITY, the CONSULTANT will indemnify, defend and hold the CITY harmless along with their officers, directors, employees, and affiliated or related persons and entities. 7. The CONSULT ANT acknowledges that the CITY by their authorized representatives shall have the right, at any time, upon 24 hours ' notice , to examine the CONSUL TANTS's books and records to confirm that the CONSUL TANT is in comp liance with the terms of this certification . Executed this :Jlj__ day of _;c;;3 , 2016 . By : ____ ~:_,.+--,;.'f+-...,.....-;..-c~-- Rev. PC 10/13/2015 gls/rdp -13 - 16.A.23.f Packet Pg. 1403 Attachment: 02-03 FY16 PC CC Exec RFP 16-014 Agreem GFA exp 09-30-19 Clerk 16-023 gls 02-23-2016 (7481 : Authorization to issue P.O's REQUEST FOR PROPOSAL CITY OF NAPLES PURCHASING DIVISION CITY HALL, 735 8TH STREET SOUTH NAPLES, FL 34102 Cover Sheet PH: 239-213-7100 FX: 239-213-7105 PLEASE NOTE THE FOLLOWING > This page must be completed and returned with your proposal. > Proposals must be submitted in a sealed envelope, marked with bid number & opening date. > All submissions must be received and date stamped by Purchasing staff prior to the above “OPENING DATE & TIME”. > Submission received after the above opening date and time will not be accepted. > Evaluation scores will be available on the City of Naples web site www.naplesgov.com . If you do not have computer access and want a copy of the evaluation scores, please enclose a stamped, self-addressed envelope with your proposal. NOTIFICATION DATE: 12/17/15 TITLE Building Inspection and Plan Review Services – Library of Firms SOLICITATION NUMBER: 16-014 OPENING DATE & TIME: 01/14/2016 2:00 PM PRE-PROPOSAL DATE, TIME AND LOCATION: A non-mandatory Pre-Proposal conference will be held December 29. 2015 at 10:00 A.M. local time in the Purchasing Division located at 735 8th Ave – S, Naples FL, 34102 LEGAL NAME OF PARTNERSHIP, CORPORATION OR INDIVIDUAL: MAILING ADDRESS: CITY-STATE-ZIP: PH: FX: EMAIL: WEB ADDRESS: I certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, or equipment and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I am authorized to sign this proposal for the proposer. In submitting a proposal to the City of Naples the proposer offers and agrees that if the proposal is accepted, the proposer will convey, sell, assign or transfer to the City of Naples all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of FL for price fixing relating to the particular commodities or services purchased or acquired by the City of Naples. At the City's discretion, such assignment shall be made and become effective at the time the City tenders final payment to the proposer. FEI/EIN Number ____________ AUTHORIZED SIGNATURE DATE PRINTED NAME/TITLE Please initial by all that apply I acknowledge receipt/ review of the following addendum _____Addendum #1 _____Addendum #2 _____Addendum #3 _____Addendum #4 City of Naples FL 16-014 Building Inspection and Plan Review Services – Library of Firms - RFP 1 16.A.23.g Packet Pg. 1404 Attachment: 16-014 Building Inspection and Plan Review Services-Library of Firms RFP (7481 : Authorization to issue P.O's utilizing the pricing GENERAL CONDITIONS TO INSURE ACCEPTANCE OF THE PROPOSAL, PLEASE FOLLOW THESE INSTRUCTIONS. ANY AND ALL SPECIAL CONDITIONS, ATTACHED HERETO, HAVE PRECEDENCE. 1. SEALED PROPOSAL: All proposals must be submitted in a sealed envelope. The face of the envelope shall contain the proposal name and proposal number. Proposals not submitted on attached proposal form shall be rejected. All proposals are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. 2. EXECUTION OF PROPOSAL: Proposal must contain a manual signature of authorized representative in the proposal section. Proposal must be typed or printed in ink. Use of erasable ink is not permitted. All corrections made by proposer to his proposal must be initialed. 3. NO PROPOSAL: If not submitting a proposal, respond by returning the Statement of No Proposal and explain the reason in the spaces provided. Failure to respond 3 times in succession without justification shall be cause for removal of the supplier's name from the proposal mailing list. NOTE: To qualify as a respondent, proposer must submit a "NO PROPOSAL," and it must be received no later than the stated proposal opening date and hour. 4. PROPOSAL OPENING: Shall be public, on the date and at the time specified on the proposal form. It is the proposer's responsibility to assure that his proposal is delivered at the proper time and place of the proposal opening. Proposals which for any reason are not so delivered will not be considered. Offers by telegram; telephone; or fax are not acceptable. Proposal files may be examined during normal working hours. 5. WITHDRAWAL OF PROPOSALS: Withdrawal of a proposal within sixty (60) days after the opening of proposals is subject to suspension or debarment in accordance with Policy 7-4 for up to three years. 6. PRICES, TERMS and PAYMENT: Firm Prices shall be proposal and include all packing, handling, shipping charges and delivery to the destination shown herein. Proposer is encouraged to offer cash discount for prompt invoice payment. Terms of less than 20 days will not be considered. A. TAXES: The City of Naples does not pay Federal Excise and Sales taxes on direct purchases of tangible personal property. See exemption number on face of purchase order. This exemption does not apply to purchases of tangible personal property made by contractors who use the tangible personal property in the performance of contracts for the improvement of City-owned real property. B. MISTAKES: Proposers are expected to examine the specifications, delivery schedule, proposal prices, extensions, and all instructions pertaining to supplies and services. Failure to do so will be at proposer's risk. In case of mistake in extension, the unit price will govern. C. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this proposal shall be a new, current standard production model available at the time of this proposal. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. D. SAFETY STANDARDS: Unless otherwise stipulated in the proposal, all manufactured items and fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act and any standards there under. E. UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the proposal, all manufactured items and fabricated assemblies shall carry U.L. approval and re-examination listing where such has been established. F. PAYMENT: Payment will be made by the buyer after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. All invoices shall bear the purchase order number. Payment for partial shipments shall not be made unless specified in the proposal. Failure to follow these instructions may result in delay in processing City of Naples FL 16-014 Building Inspection and Plan Review Services – Library of Firms - RFP 2 16.A.23.g Packet Pg. 1405 Attachment: 16-014 Building Inspection and Plan Review Services-Library of Firms RFP (7481 : Authorization to issue P.O's utilizing the pricing invoices for payment. In addition, the purchase order number must appear on bills of lading, packages, cases, delivery lists and correspondence. 7. DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days required to make delivery after receipt of purchase order in space provided. Delivery time may become a basis for making an award (see Special Conditions). Delivery shall be within the normal working hours of the user, Monday through Friday, unless otherwise specified. 8. MANUFACTURERS' NAMES AND APPROVED EQUIVALENTS: Any manufacturers' names, trade names, brand names, information and/or catalog numbers listed in a specification are for information and not intended to limit competition. The proposer may offer any brand for which he is an authorized representative, which meets or exceeds the specification for any item(s). If proposals are based on equivalent products, indicate on the proposal form the manufacturer's name and number. Proposer shall submit with his proposal, cuts, sketches, and descriptive literature, and/or complete specifications. Reference to literature submitted with a previous proposal will not satisfy this provision. The proposer shall also explain in detail the reason(s) why the proposed equivalent will meet the specifications and not be considered an exception thereto. Proposals which do not comply with these requirements are subject to rejection. Proposals lacking any written indication of intent to quote an alternate brand will be received and considered in complete compliance with the specifications as listed on the proposal form. 9. INTERPRETATIONS: Any questions concerning conditions and specifications shall be directed in writing to this office for receipt no later than ten (10) days prior to the proposal opening. Inquiries must reference the date of proposal opening and proposal number. Failure to comply with this condition will result in proposer waiving his right to dispute the proposal. 10. CONFLICT OF INTEREST: All proposal awards are subject to Section 2-973 Conflict of Interest, City of Naples Code of Ordinances, which states: "No public officer or employee shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of or is doing business with the city; nor shall an officer or employee have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his private interests and the performance of his public duties or that would impede the full and faithful discharge of his public duties. Any member of the city council or any city officer or employee who willfully violates this section shall be guilty of malfeasance in office or position and shall forfeit his office or position. Violation of this section with the knowledge, express or implied, of the person or corporation contracting with or making a sale to the city shall render the contract or sale voidable by the city manager or the city council." 11. AWARDS: As the best interest of the City may require, the right is reserved to make award(s) by individual item, group of items, all or none, or a combination thereof; to reject any and all proposals or waive any minor irregularity or technicality in proposals received. 12. ADDITIONAL QUANTITIES: For a period not exceeding ninety (90) days from the date of acceptance of this offer by the buyer, the right is reserved to acquire additional quantities up to but not exceeding those shown on proposal at the prices proposal in this invitation. If additional quantities are not acceptable, the proposal sheets must be noted "PROPOSAL IS FOR SPECIFIED QUANTITY ONLY." (THIS PARAGRAPH DOES NOT APPLY FOR A TERM CONTRACT.) 13. SERVICE AND WARRANTY: Unless otherwise specified, the proposer shall define any warranty service and replacements that will be provided during and subsequent to this contract. Proposers must explain on an attached sheet to what extent warranty and service facilities are provided. 14. SAMPLES: Samples of items, when called for, must be furnished free of expense, on or before proposal opening time and date, and if not destroyed may, upon request, be returned at the proposer's expense. Each individual sample must be labeled with proposer's name, manufacturer's brand name and number, proposal number and item reference. Request for return of samples shall be accompanied by instructions which include shipping authorization and name of carrier and must be received with your City of Naples FL 16-014 Building Inspection and Plan Review Services – Library of Firms - RFP 3 16.A.23.g Packet Pg. 1406 Attachment: 16-014 Building Inspection and Plan Review Services-Library of Firms RFP (7481 : Authorization to issue P.O's utilizing the pricing proposal. If instructions are not received within this time, the commodities shall be disposed of by the City of Naples. 15. PROPOSAL PROTEST: The city has formal proposal protest procedures that are available on request. 16. INSPECTION, ACCEPTANCE AND TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title and risk of loss or damage to all items shall be the responsibility of the contract supplier until accepted by the ordering agency, unless loss or damage results from negligence by the ordering 17. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the buyer shall be final and binding on both parties. 18. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful proposer to notify the buyer at once, indicating in his letter the specific regulation which required an alteration. The City reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the contract at no expense to the City. 19. LEGAL REQUIREMENTS: Applicable provision of all Federal, State, county and local laws, and of all ordinances, rules, and regulations shall govern development submittal and evaluation of all proposals received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a proposal response hereto and the City of Naples by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by any proposer shall not constitute a cognizable defense against the legal effect thereof. 20. PATENTS AND ROYALTIES: The proposer, without exception, shall indemnify and save harmless the City of Naples and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Naples. If the proposer uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 21. ADVERTISING: In submitting a proposal, proposer agrees not to use the results there from as a part of any commercial advertising. 22. ASSIGNMENT: Any Purchase Order issued pursuant to this proposal invitation and the monies which may become due hereunder are not assignable except with the prior written approval of the buyer. 23. LIABILITY: The supplier shall hold and save the City of Naples, its officers, agents, and employees harmless from liability of any kind in the performance of this contract. 24. PUBLIC ENTITY CRIMES: 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 proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals 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 Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 25. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a proposal on a contract to provide goods or services to a public entity, may not submit a City of Naples FL 16-014 Building Inspection and Plan Review Services – Library of Firms - RFP 4 16.A.23.g Packet Pg. 1407 Attachment: 16-014 Building Inspection and Plan Review Services-Library of Firms RFP (7481 : Authorization to issue P.O's utilizing the pricing proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 26. COUNTY TAXES: No proposal shall be accepted from and no contract will be awarded to any person, firm or corporation that is in arrears to the government of Collier County, Florida. 27. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: The City of Naples encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. IF THIS PROPOSAL IS FOR A TERM CONTRACT, THE FOLLOWING CONDITIONS SHALL ALSO APPLY 28. ELIGIBLE USERS: All departments of the City of Naples are eligible to use this term contract. Such purchases shall be exempt from the competitive proposal requirements otherwise applying to their purchases. 29. PRICE ADJUSTMENTS: Any price decrease effectuated during the contract period by reason of market change shall be passed on to City of Naples. Price increases are not acceptable. 30. CANCELLATION: All contract obligations shall prevail for at least one hundred eighty (180) days after effective date of contract. After that period, for the protection of both parties, this contract may be cancelled in whole or in part by either party by giving thirty (30) days prior written notice to the other party. 31. RENEWAL: The City of Naples reserves the option to renew the period of this contract, or any portion thereof for up to two (2) additional periods. Renewal of the contract period shall be by mutual agreement in writing. 32. ABNORMAL QUANTITIES: While it is not anticipated, should any unusual or abnormal requirements arise, the City reserves the right to solicit separate proposals thereon. 33. FISCAL NON-FUNDING CLAUSE: In the event sufficient funds are not budgeted for a new fiscal period, the City shall notify the contractor of such occurrence and the contract shall terminate on the last day of the current fiscal year without penalty or expense to the City. IF THIS PROPOSAL IS FOR PERFORMING A SERVICE, THE FOLLOWING CONDITIONS SHALL ALSO APPLY 34. ALTERNATIVE PROPOSALS: Proposers offering service delivery methods other than those permitted by the scope of work may submit a separate envelope clearly marked "ALTERNATIVE PROPOSAL". Alternative proposals will be deemed non-responsive and will not be considered for award. All such responses will, however, be examined prior to award. Such examination may result in cancellation of all proposals received to permit rewriting the scope of work to include the alternative method, or the alternative method may be considered for future requirements of the City of Naples. 35. ANTITRUST: By entering into a contract, the contractor conveys, sells, assigns and transfers to the City of Naples all rights, titles and interest it may now have or hereafter acquire under the antitrust laws of the United States and the State of Florida that relate to the particular goods or services purchased or acquired by the City of Naples under said contract. City of Naples FL 16-014 Building Inspection and Plan Review Services – Library of Firms - RFP 5 16.A.23.g Packet Pg. 1408 Attachment: 16-014 Building Inspection and Plan Review Services-Library of Firms RFP (7481 : Authorization to issue P.O's utilizing the pricing 36. PROPOSER INVESTIGATIONS: Before submitting a proposal, each proposer shall make all investigations and examinations necessary to ascertain all site conditions and requirements affecting the full performance of the contract and to verify any representations made by the City of Naples upon which the proposer will rely. If the proposer receives an award as a result of its proposal submission, failure to have made such investigations and examinations will in no way relieve the proposer from its obligation to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim whatsoever by the contractor for additional compensation. 37. CERTIFICATES AND LICENSES: The Contractor, at time of proposal, shall possess the correct occupational licenses, all professional licenses or other authorizations necessary to carry out and perform the work required by the City of Naples and Collier County for this project pursuant to all applicable Federal, State and Local Laws, Statues, Ordinances, and rules and regulations of any kind. 38. CHANGE IN SCOPE OF WORK: The City of Naples may order changes in the work consisting of additions, deletions or other revisions within the general scope of the contract. No claims may be made by the contractor that the scope of the project or of the contractor's services has been changed, requiring changes to the amount of compensation to the contractor or other adjustments to the contract unless such changes or adjustments have been made by written amendment to the contract signed by the City of Naples and the contractor. If the contractor believes that any particular work is not within the scope of the project, is a material change, or will otherwise require more compensation to the contractor, the contractor must immediately notify the City in writing of this belief. If the City believes that the particular work is within the scope of the contract as written, the contractor will be ordered to and shall continue with the work as changed and at the cost stated for the work within the scope. 39. CONTRACTOR PERSONNEL: The City of Naples shall, throughout the life of the contract, have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by the contractor. If the City reasonably rejects staff or subcontractors, the contractor must provide replacement staff or subcontractors satisfactory to the City in a timely manner and at no additional cost to the City. The day-to-day supervision and control of the contractor’s employees and sub-contractors is the responsibility solely of the contractor. 40. COST REIMBURSEMENT: The contractor agrees that all incidental costs, including allowances for profit and tools of the trade, must be included in the proposal rates. If an arrangement is made between the contractor and the City to reimburse the contractor for the cost of materials provided in the performance of the work, the contractor shall be reimbursed in the following manner: The City shall reimburse the contractor on completion and acceptance of each assigned job, only for those materials actually used in the performance of the work that is supported by invoices issued by the suppliers of the contractor describing the quantity and cost of the materials purchased. No surcharge shall be added to the supplier's invoices or included in the contractor's invoice submitted to the City that would increase the dollar amount indicated on the supplier's invoice for the materials purchased for the assigned job. 41. EXCEPTIONS: Proposers taking exception to any part or section of the solicitation shall indicate such exceptions on the proposal form. Failure to indicate any exception will be interpreted as the proposer's intent to comply fully with the requirements as written. Conditional or qualified proposals, unless specifically allowed, shall be subject to rejection in whole or in part. 42. FAILURE TO DELIVER: In the event of the contractor to fail to deliver services in accordance with the contract terms and conditions, the City, after due oral or written notice, may procure the services from other sources and hold the contractor responsible for any resulting purchase and administrative costs. This remedy shall be in addition to any other remedies that the City may have. 43. FAILURE TO ENFORCE: Failure by the City at any time to enforce the provisions of the contract shall not be construed as a waiver of any such provisions. Such failure to enforce shall not affect the validity of the contract or any part thereof or the right of the City to enforce any provision at any time in accordance with its terms. City of Naples FL 16-014 Building Inspection and Plan Review Services – Library of Firms - RFP 6 16.A.23.g Packet Pg. 1409 Attachment: 16-014 Building Inspection and Plan Review Services-Library of Firms RFP (7481 : Authorization to issue P.O's utilizing the pricing 44. FORCE MAJEURE: The contractor shall not be held responsible for failure to perform the duties and responsibilities imposed by the contract due to legal strikes, fires, riots, rebellions and acts of God beyond the control of the contractor, unless otherwise specified in the contract. 45. INDEPENDENT CONTRACTOR: The contractor shall be legally considered an independent contractor and neither the contractor nor its employees shall, under any circumstances, be considered servants or agents of the City of Naples and the City of Naples shall be at no time legally responsible for any negligence or any wrongdoing by the contractor, its servants or agents. The City of Naples shall not withhold from the contract payments to the contractor any federal income taxes, Social Security tax, or any other amounts for benefits to the contractor. Further, the City shall not provide to the contractor any insurance coverage or other benefits, including Workers' Compensation normally provided by the City for its employees. 46. ORAL STATEMENTS: No oral statement of any person shall modify or otherwise affect the terms, conditions or specifications stated in this contract. All modifications to the contract must be made in writing by the City of Naples. 47. QUALIFICATIONS OF PROPOSERS: The proposer may be required, before the award of any contract, to show to the complete satisfaction of the City of Naples that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The proposer may also be required to give a past history and references in order to satisfy the City in regard to the proposer's qualifications. The City may make reasonable investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City all information for this purpose that may be requested. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, the proposer fails to satisfy the City that the proposer is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the proposer's qualifications shall include: > The ability, capacity, skill and financial resources to perform the work or service. > The ability to perform the work service promptly or within the time specified, without delay. > The character, integrity, reputation, judgment, experience, and efficiency of the proposer. > The quality of performance of previous contracts or services. 48. QUALITY CONTROL: The contractor shall institute and maintain throughout the contract period a properly documented quality control program designed to ensure that the services are provided at all times and in all respects in accordance with the contract. The program shall include providing daily supervision and conducting frequent inspections of the contractor's staff and ensuring that accurate records are maintained describing the disposition of all complaints. The records so created shall be open to inspection by the City. 49. RECOVERY OF MONEY: Whenever, under the contract, any sum of money shall be recoverable from or payable by the contractor to the City, the same amount may be deducted from any sum due to the contractor under the contract or under any other contract between the contractor and the City. The rights of the City are in addition and without prejudice to any other right the City may have to claim the amount of any loss or damage suffered by the City on account of the acts or omissions of the contractor. 50. REQUIREMENTS CONTRACT: During the period of the contract, the contractor shall provide all the services described in the contract. The contractor understands and agrees that this is a requirements contract and that the City shall have no obligation to the contractor if no services are required. Any quantities that are included in the scope of work reflect the current expectations of the City for the period of the contract. The amount is only an estimate and the contractor understands and agrees that the City is under no obligation to the contractor to buy any amount of services as a result of having provided this estimate or of having any typic al or measurable requirement in the past. The contractor further understands and agrees that the City may require services in excess of the estimated annual contract amount and that the quantity actually used whether in excess of, or less than, the estimated annual contract amount and that the quantity actually used City of Naples FL 16-014 Building Inspection and Plan Review Services – Library of Firms - RFP 7 16.A.23.g Packet Pg. 1410 Attachment: 16-014 Building Inspection and Plan Review Services-Library of Firms RFP (7481 : Authorization to issue P.O's utilizing the pricing shall not give rise to any claim for compensation other than the total of the unit prices in the contract for the quantity actually used. 51. TERMINATION FOR CONVENIENCE: The performance of work under the contract may be terminated by the City in whole or in part whenever the City determines that termination is in the City's best interest. Any such termination shall be effected by the delivery to the contractor of a written notice of termination of at least seven (7) days before the date of termination, specifying the extent to which performance of the work under the contract is terminated and the date upon which such termination becomes effective. After receipt of a notice of termination, except as otherwise directed, the contractor shall stop work on the date of the receipt of the notice or other date specified in the notice; place no further orders or subcontracts for materials, services or facilities except as necessary for completion of such portion of the work not terminated; terminate all vendors and subcontracts; and settle all outstanding liabilities and claims. 52. TERMINATION FOR DEFAULT: The City of Naples reserves the right to terminate the contract if the City determines that the contractor has failed to perform satisfactorily the work required, as determined by the City. In the event the City decides to terminate the contract for failure to perform satisfactorily, the City shall give to the contractor at least seven (7) days written notice before the termination takes effect. The seven-day period will begin upon the mailing of notice by the City. If the contractor fails to cure the default within the seven (7) days specified in the notice and the contract is terminated for failure to perform satisfactorily, the contractor shall be entitled to receive compensation for all reasonable, allocable and allowable contract services satisfactorily performed by the contractor up to the date of termination that were accepted by the City prior to the termination. In the event the City terminates the contract because of the default of the contractor, the contractor shall be liable for all excess costs that the City is required to expend to complete the work under contract. 53. STATE AND FEDERAL EMPLOYMENT LAWS: Contractors providing service to the City are required to comply with all state and federal employment laws. This includes, but is not limited to, laws resulting from the Immigration and Reform and Control Act of 1986, wherein all employers are required to verify the identity and employment eligibility of all employees. The Department of Homeland Security, U.S. Citizenship and Immigration Services require employees and employers to complete Form I-9 and the employer must examine evidence of identity and employment eligibility within three business days of the date employment begins. Non compliant contractors will be subject to contract sanctions, up to and including contract termination. 54. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION: The contractor agrees to comply with Executive Order 12549 “Debarment and Suspension” and 2 CFR 180 “OMB Guidelines to Agencies on Government wide Debarment and Suspension.” These rules require all contractors using federal funds not be debarred or suspended from doing business with the Federal Government. This includes sub-recipients and lower tier participant for covered transactions. Signing and submitting this document certified the organization and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency, and further have not within the preceding three-year period been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction. THE CITY OF NAPLES IS AN EQUAL OPPORTUNITY EMPLOYER City of Naples FL 16-014 Building Inspection and Plan Review Services – Library of Firms - RFP 8 16.A.23.g Packet Pg. 1411 Attachment: 16-014 Building Inspection and Plan Review Services-Library of Firms RFP (7481 : Authorization to issue P.O's utilizing the pricing GENERAL INSURANCE REQUIREMENTS The Contractor shall not commence work until he has obtained all the insurance required under this heading, and until such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work until all similar insurance required of the subcontractor has also been obtained and approved by the Owner. Certificates of insurance must be issued by an authorized representative of the insurance company at the request and direction of the policyholder and must include sufficient information so as to identify the coverage and the contract for Owner's improvements for which they are issued. Certificates of insurance must be issued by a nationally recognized insurance company with a Best's Rating of no less than B+VII, satisfactory to the Owner, and duly licensed to do business in the state of said Contract. The Contractor shall procure and maintain, during the life of this Contract, Workmen's Compensation Insurance for all of his employees to be engaged in work under this Contract, and he shall require any subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work, unless such employees are covered by the protection afforded by the Contractor's insurance. In case any employees are to be engaged in hazardous work under this Contract, and are not protected under this Workmen's Compensation statute, the Contractor shall provide, and shall cause each subcontractor to provide, adequate coverage for the protection of such employees. It is acceptable to use a State-approved Workmen's Compensation Self-Insurance fund. The Contractor shall take out and maintain during the life of this Contract, Public Liability and Property Damage and shall include Contractual Liability, Personal Injury, Libel, Slander, False Arrest, Malicious Prosecution, Wrongful Entry or Eviction, Broad Form Property Damage, Products, Completed Operations and XCU Coverage to be included on an occurrence basis, and to the full extent of the Contract to protect him, the Owner, and any subcontractor performing work covered by this Contract from damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from operations under this contract, whether such operations be by himself or by a subcontractor, or by anyone directly or indirectly employed by either of them. The Contractor shall also maintain automobile liability insurance including "non- owned and hired" coverage. The entire cost of this insurance shall be borne by the Contractor. The amount of such insurance shall be no less than $1,000,000 annual aggregate for bodily injury and property damage combined per occurrence. The City of Naples must be named as Additional Insured on the insurance certificate and the following must also be stated on the certificate. "These coverage’s are primary to all other coverage’s the City possesses for this contract only." The City of Naples shall be named as the Certificate Holder. The Certificate Holder shall read as follows: The City of Naples 735 Eighth Street South Naples, Florida 34102 No City Division, Department, or individual name should appear on the Certificate. No other format will be acceptable. The Certificate must state the bid number and title. When using the ACORD 25 – Certificate of Insurance only the most current version will be accepted. The City of Naples requires a copy of a cancellation notice in the event the policy is cancelled. The City of Naples shall be expressly endorsed onto the policy as a cancellation notice recipient. City of Naples FL 16-014 Building Inspection and Plan Review Services – Library of Firms - RFP 9 16.A.23.g Packet Pg. 1412 Attachment: 16-014 Building Inspection and Plan Review Services-Library of Firms RFP (7481 : Authorization to issue P.O's utilizing the pricing STATEMENT OF NO PROPOSAL If you will not be bidding on this product/service, please help us by completing and returning only this page to: City of Naples, Purchasing Division City Hall, 735 8th Street South Naples, FL 34102 Fax 239-213-7105 Proposal #_____ and Description: __________________________________ We, the undersigned, decline to proposal on the above project for the following reason(s): ___ We are not able to respond to the Request for Proposals by the specified deadline. ___ Our Company does not offer this product or service. ___ Our current work schedule will not permit us to perform the required services. ___ Specifications are incomplete or information is unclear (Please explain below). _____________________________________________________________ _____________________________________________________________ ___ Other (Please specify below) _____________________________________________________________________ _____________________________________________________________________ Company Name_______________________________________________________ PH ________________________ Email_______________________________ Name and Title of individual completing this form: _____________________________________________________________ (Printed Name) (Title) _____________________________________________________________ (Signature) (Date) City of Naples FL 16-014 Building Inspection and Plan Review Services – Library of Firms - RFP 10 16.A.23.g Packet Pg. 1413 Attachment: 16-014 Building Inspection and Plan Review Services-Library of Firms RFP (7481 : Authorization to issue P.O's utilizing the pricing REFERENCES THIS SHEET MUST BE COMPLETED AND RETURNED WITH PROPOSAL PROVIDE AT LEAST THREE REFERENCES FOR WHOM YOUR COMPANY HAS PROVIDED SAME OR SIMILAR SERVICES WITHIN THE LAST 2 YEARS. COMPANY NAME: ____________________________________________ ADDRESS: ____________________________________________ TELEPHONE: ____________________________________________ CONTACT PERSON: __________________________________________ CONTACT E-MAIL ADDRESS: _________________________________ COMPANY NAME: __________________________________________ ADDRESS: __________________________________________ TELEPHONE: __________________________________________ CONTACT PERSON: ________________________________________ CONTACT E-MAIL ADDRESS: ________________________________ COMPANY NAME: __________________________________________ ADDRESS: __________________________________________ TELEPHONE: __________________________________________ CONTACT PERSON: ________________________________________ CONTACT E-MAIL ADDRESS: _______________________________ Submitting Vendor Name: ____________________________________________________ City of Naples FL 16-014 Building Inspection and Plan Review Services – Library of Firms - RFP 11 16.A.23.g Packet Pg. 1414 Attachment: 16-014 Building Inspection and Plan Review Services-Library of Firms RFP (7481 : Authorization to issue P.O's utilizing the pricing PROFESSIONAL CONSULTANT SERVICES SPECIAL CONDITIONS A. TERMS OF CONTRACT The resulting contract(s) with the Building Inspection & Plan Review Services Library of Firms will be issued after an award is made of this RFP. Each contract will be for three years with the mutually agreed option of two (2) one-year renewals. Prices must be honored for the initial 3 year period with a negotiated rate for years four and five. B. PROHIBITION OF CONTACT Under no circumstances should any prospective organization or individual, or anyone acting for or on behalf of a prospective organization or individual, seek to influence or gain the support of any member of the City Council, public official or City staff favorable to the interest of any prospective organization or individual. Likewise, contact with City Council, any public official or city staff against the interests of other prospective organization (s) and or individual(s) is prohibited. Any such activities will result in the exclusion of the prospective organization or individual from consideration by the City. C. REFERENCES Bidder must submit a minimum of three references on the form provided D. STATEMENT OF NO BID If you will not be bidding on this producer/service, please help us by completing and returning the Statement of No Bid. E. BID FORMAT To create a fair evaluation of proposals, all proposals must contain all elements in the RFP SUBMITTAL REQUIREMENTS. The evaluation criteria will be based upon the six categories totaling 100 points. Upon review of the RFP, the committee MAY schedule a presentations. Proof of insurance from the successful proposer is required at the time of issuance and award of a contract. F. PROPOSAL PERFORMANCE & PAYMENT BONDS A Proposal Security Bond shall be submitted with the final proposal, if the total proposal is greater than $100,000.00, in an amount equal to at least five percent (5%) of the total amount of the final proposal, or the equivalent in the form of a certified check or money order made payable to the City of Naples, Florida. Upon the award of the proposal to the successful proposer, both proposal performance bond and the payment bond will be required in the amount of one hundred percent (100%) of the price specified in the contract. Also proof of insurance from the successful proposer is required at the time of award as well. City of Naples FL 16-014 Building Inspection and Plan Review Services – Library of Firms - RFP 12 16.A.23.g Packet Pg. 1415 Attachment: 16-014 Building Inspection and Plan Review Services-Library of Firms RFP (7481 : Authorization to issue P.O's utilizing the pricing G. QUESTIONS Questions regarding this proposer packet must be received in writing in the Purchasing Division NO LATER THAN TEN CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE TO ENSURE AN ANSWER IS PROVIDED PRIOR TO CLOSING. Direct all questions to: Gerald “Jed” Secory, MBA / CPPO / CPM Purchasing & Contracts Manager City of Naples, Purchasing Division 735 8th Street South Naples, Florida 34102 PH: (239) 213-7102 FX: (239) 213-7105 Jsecory@naplesgov.com City of Naples FL 16-014 Building Inspection and Plan Review Services – Library of Firms - RFP 13 16.A.23.g Packet Pg. 1416 Attachment: 16-014 Building Inspection and Plan Review Services-Library of Firms RFP (7481 : Authorization to issue P.O's utilizing the pricing SUBMISSION CHECKLIST Bidder should check off each of the following items as completed and submit with bid response: CHECKLIST ELEMENTS INCLUDED • Submit one (1) original signature and five (5) copies of your original bid proposal / document AND a Windows© compatible PDF of the original document on a CD or Flash / Thumb Drive that is clearly labeled. • Include any required drawings; descriptive literature; qualifications; schedules; product compliance / exceptions; alternatives; questionnaire; references, forms, tabs, and any information required of the proposer identified in the text of the bid including information for bid evaluation. • Include any delivery information. • Have an authorized individual sign the appropriate pages including the Cover Form with any bid addendums initialed. Additional, include a signed and current (December 2014) IRS W-9 form. • Examples of vendor contracts used by the City can be found on the Naples Purchasing web site and should be reviewed by the vendor. • Bid proposal / document must to be received by the OPENING DATE & TIME indicated on the Cover Sheet. The mailing envelope must be addressed to: City of Naples Purchasing Division 735 8th Street South Naples, Florida 34102 The mailing envelope must be sealed and marked with: BID Number: 16-014 BID Title: Building Inspection and Plan Review Services – Library of Firms BID Opening Date: 01/14/2016 ALL COURIER DELIVERED PROPOSALS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Submitting Vendor Name: ____________________________________________________ At the discretion of the Purchasing & Contracts Manager, bids or proposals with minor irregularities may be accepted and allowed to be corrected when in the best interest of the City. City of Naples FL 16-014 Building Inspection and Plan Review Services – Library of Firms - RFP 14 16.A.23.g Packet Pg. 1417 Attachment: 16-014 Building Inspection and Plan Review Services-Library of Firms RFP (7481 : Authorization to issue P.O's utilizing the pricing City of Naples FL 16-014 Building Inspection & Plan Review Services Library of Firms Request for Proposal Index PAGE COVER SHEET REQUIRED 1 GENERAL CONDITIONS 2 GENERAL INSURANCE REQUIREMENTS 9 STATEMENT OF NO PROPOSAL 10 REFERENCES REQUIRED 11 SPECIAL CONDITIONS 12 SUBMISSION CHECKLIST REQUIRED 14 PROJECT REQUIREMENTS AND SPECIFICATIONS 16 SUMMARY OVERVIEW SCOPE OF SERVICES SUBMITTAL REQUIREMENTS 17 SUBMITTAL PROCESS PROJECT TIMELINE PROPOSAL PREPARATION COST SELECTION COMMITTEE RFP SUBMITTAL REQUIREMENTS REQUIRED 18 TAB 1 TAB 2 TAB 3 TAB 4 TAB 5 TAB 6. SUBMITTAL EVALUATION COST RATE SCHEDULE REQUIRED 20 City of Naples FL 16-014 Building Inspection and Plan Review Services – Library of Firms - RFP 15 16.A.23.g Packet Pg. 1418 Attachment: 16-014 Building Inspection and Plan Review Services-Library of Firms RFP (7481 : Authorization to issue P.O's utilizing the pricing City of Naples 16-014 Building Inspection & Plan Review Services Library of Firms Request for Proposal REQUIREMENTS AND SPECIFICATIONS Summary: The City of Naples, Florida is seeking proposals for a “Library of Permit Service Providers” for Inspection Services and Plan Review Services to act as independent Building Permit Inspectors and Plan Reviewers for various City Building Permit Applications. Overview: The City of Naples follows established uniform procedures and Florida Building Code requirements for managing City Building Permit Applications. Through assigned duties, the Permit Inspection & Plan Review Service Provider is responsible for providing all required Florida Building Code Reviews and Inspections for the City in any contract work to be performed. The Service provider may be assigned to provide all Florida Building Code required reviews and inspections or may be teamed with Building Department staff to perform specific review or inspections services. These services are requested in order to supplement our support staff in the event of personnel shortages, such as vacation, illness or any other emergency staffing needs. Additionally, temporary services may be needed to assist our existing staff as a result of increased construction permitting activity and other customer service initiatives to enhance inspection and plan services provided by the City. All awarded firms and their provided staff shall be licensed as per FS 468 part XII for required services provided. Scope of Services: The Scope of Services to be provided by the Permit Service provider will include, but is not limited to, the following for Permit Applications: Task 1 • Provide Florida Building Code Structural, Mechanical, Electrical, and Plumbing Inspection Services. Inspection Services shall be for 1-2 Family, Multi-Family and Commercial projects. Task 2 • Provide Florida Building Code Structural, Mechanical, Electrical, and Plumbing Plan Review Services. Review Services shall be for 1-2 Family, Multi-Family and Commercial projects. City of Naples FL 16-014 Building Inspection and Plan Review Services – Library of Firms - RFP 16 16.A.23.g Packet Pg. 1419 Attachment: 16-014 Building Inspection and Plan Review Services-Library of Firms RFP (7481 : Authorization to issue P.O's utilizing the pricing SUBMITTAL REQUIREMENTS Submittal Process: • Responses to this RFP for services will be received no later than January 14, 2016 at 2:00 PM. • A Non-Mandatory Pre-Bid Conference will be held December 29. 2015 at 10:00 A.M. local time in the Purchasing Division located at 735 8th Ave – S, Naples FL, 34102 • The City Manager or Purchasing Manager will appoint a selection committee to review and evaluate the firms using criteria discussed in the Scope of Services. This meeting will be legally noticed. The selection committee will meet in the “sunshine” to discuss and rank firms in order of preference based on written proposals. • The City MAY choose to interview the highest ranked firms before a final ranking is established. • After a final ranking by the selection committee is made staff will formalize a final scope and negotiate a fee with the top ranked firms. If a fair and reasonable fee can be achieved with the top ranked firms, staff will present a “Library of Permit Service Providers” to the City Manager for Approval. Project Agreement/Contract Timeline: It is the intent of the City, subject to the recommendations of the selection committee, to Award multiple contracts for the Library of Permit Service Providers. Agreements will be approved by the City Manager or City Council depending on their stated Annual dollar amount. The resulting contracts with the Library of Permit Service Providers will commence on award and will be utilized as needed. A notice to a Project Coordinator will be by an issuance of a City Purchase Order or a formal City issued Notice to Proceed letter detailing the Services to be provided and its Basis of Compensation. Each contract will be for three years with the mutually agreed option of two (2) one-year renewals. Prices must be honored for the initial 3 year period. Hourly rate for years four and five will be negotiated for each renewal and mutually agreed upon to renew that year’s Agreement. Proposal Preparation Cost: The cost to prepare the proposal and travel to project interviews shall be the full responsibility of the proposer. Selection Committee: The City Manager or Purchasing Manager will appoint a selection committee to review and evaluate the firms using the following criteria. The City, at its sole discretion, may contact the references of the projects listed in response to this solicitation as a part of the evaluation process. A shortlist of firms MAY be interviewed for final ranking. If an interview is held, it will be one hour in length and be equally divided between the presentation and questions and answers. The presentation time and date (if necessary) will be assigned by the City. Should negotiations fail with any of the top ranked firms; the City will enter into discussions with additional ranked firms, and so on, until acceptable agreement(s) have City of Naples FL 16-014 Building Inspection and Plan Review Services – Library of Firms - RFP 17 16.A.23.g Packet Pg. 1420 Attachment: 16-014 Building Inspection and Plan Review Services-Library of Firms RFP (7481 : Authorization to issue P.O's utilizing the pricing been reached between the City’s designated multi-awarded firms of Permit Service Providers, anticipated at Four (4) Providers. RFP Submittal Requirements: Building Permit Service Provider. Proposals may address one or both of the Tasks identified in the Scope of Services. Please provide the following in your proposal within the TAB format below. • Cover Letter – Maximum two pages outlining why the City should select your firm. Identify who will be the point of contact including their email address. Identify the key personnel to manage this project and in which office they are located. Also please identify which of the Tasks for which you are proposing services. • Items for Baseline Eligibility - Mandatory Form information from Submission Check List found on page 14 including current (Dec 2014 form) IRS W-9. Also provide any applicable licenses and certification in this section. Proposals should be concise and clear. There is a 35 printed page maximum for the information below for each Scope of Services Task ( 1- Inspection Services and/or 2- Plan Review Services) identified by the proposer. TAB 1 - Approach and value added services your firm can provide above that identified within the request for services. Maximum points - 5 points o Provide your firm’s approach to achieving the identified tasks. o Identify project opportunities and challenges and how you would recommend that challenges be addressed along with value added services your firm can provide. o Identify any issue that the City might have omitted in its understanding of this service RFP. TAB 2 - Qualifications and experience of the person(s) assigned to perform services to the City. Maximum points – 15 points o Provide a staff organization chart. Identify key individuals involved on this RFP, their affiliation and office location. Please indicate which individuals will attend the proposed interview. o For each key staff member identified in the organization chart, provide a summary of relevant experience and qualifications & DPBR certifications. Detailed résumés should be submitted. The brief overview should identify individual experience and current DPBR certifications on and their availability to support this project. o Provide client references from local municipalities. o Provide an organization chart and identify where the project manager and work components may be performed (office locations). TAB 3 – Organizational Capacity to Provide Services City of Naples FL 16-014 Building Inspection and Plan Review Services – Library of Firms - RFP 18 16.A.23.g Packet Pg. 1421 Attachment: 16-014 Building Inspection and Plan Review Services-Library of Firms RFP (7481 : Authorization to issue P.O's utilizing the pricing Maximum points - 20 points o Provide a statement of the organizational capacity to provide day to day services for work identified in the scope of work tasks and showing the firm’s general work load capacity. o Indication office and assigned personnel locations and proximities. TAB 4 - Qualifications and experience of the Firm and demonstrated record of past performance with References. Maximum points - 15 points o Provide examples of the firm’s and consultant’s current or past projects related to the RFP tasks o Include description of the firm’s knowledge of Florida State Statutes, laws, regulations, and experience relative to construction. TAB 5 – Cost Rate Maximum points – 40 points o Provide a signed cost schedule found as “Cost Rate Schedule” below. TAB 6 - Minority Business Qualification Maximum points – 5 points o Provide certification(s), if applicable. Submittal Evaluation: Submittals will be evaluated, scored and ranked based on the following criteria. CRITERIA MAXIMUM POINTS Tab 1: Approach and value added services your firm can provide above that identified within the request for services. 5 points Tab 2: Qualifications and experience of the person(s) assigned to perform services to the City. 15 points Tab 3: Organizational Capacity to Provide Services 20 points Tab 4: Qualifications and experience of the Firm and demonstrated record of past performance with References. 15 points Tab 5: Cost Rate indicated in below Cost Rate Schedule. 40 points Tab 6: Minority Business Qualification 5 points City of Naples FL 16-014 Building Inspection and Plan Review Services – Library of Firms - RFP 19 16.A.23.g Packet Pg. 1422 Attachment: 16-014 Building Inspection and Plan Review Services-Library of Firms RFP (7481 : Authorization to issue P.O's utilizing the pricing Cost Rate Schedule: Include this schedule under TAB 5 of your proposal. Provide an inclusive hourly rate for all services. The contractor understands all incidental costs including; time, labor materials, tools, equipment, facilities, transportation, allowances for profit, tools of the trade, and all services necessary for a project, must be included in the proposal hourly rate. Task 1 • Provide Florida Building Code Structural, Mechanical, Electrical, and Plumbing Inspection Services. Inspection Services shall be for 1-2 Family, Multi-Family and Commercial projects. HOURLY RATE $____________ AMOUNT IN WORDS _________________________________________ Task 2 • Provide Florida Building Code Structural, Mechanical, Electrical, and Plumbing Plan Review Services. Review Services shall be for 1-2 Family, Multi-Family and Commercial projects. HOURLY RATE $____________ AMOUNT IN WORDS _________________________________________ Company Name______________________________ PH ______________ Email ________________________________________________________ Name and Title of individual completing this schedule: _____________________________________________________________ (Printed Name) (Title) _____________________________________________________________ (Signature) (Date) # # # City of Naples FL 16-014 Building Inspection and Plan Review Services – Library of Firms - RFP 20 16.A.23.g Packet Pg. 1423 Attachment: 16-014 Building Inspection and Plan Review Services-Library of Firms RFP (7481 : Authorization to issue P.O's utilizing the pricing