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Agenda 03/26/2019 Item #16C 116.C.1 03/26/2019 EXECUTIVE SUMMARY Recommendation to approve an Agreement to Pure Air Control Services, Inc., for RFP #18-7403, "Indoor Air Quality Testing," for Countywide indoor air quality testing services. OBJECTIVE: To obtain indoor air quality testing services. CONSIDERATIONS: The Division of Facilities Management is responsible for the maintenance of County -owned and operated buildings. As a preventive maintenance measure, testing and cleaning of air- conditioning systems and air ducts must be performed to maintain clean and safe indoor air environments. In addition, when needed, lab evaluations of samples are conducted, and reports are generated to determine indoor air quality levels in various work environments. Facilities Management and Procurement staff collaborated on a Request for Proposal (RFP) to qualify Indoor Air Quality vendors/specialists to provide indoor air quality evaluation and testing services. The RFP solicitation process was chosen over a straight bid due to the technical requirements of testing professionals, having a State and/or Federally certified laboratory for sample evaluations, and their ability to provide expert recommendations for remediation. Due to the nature of indoor air quality requirements for health and safety, results from these tests may be used in workman's compensation and/or medical claims to justify or defend. Health and public safety are paramount in building management, therefore selecting an expert, multi -discipline professional Indoor Air Quality specialist, based on their qualifications and experience with other municipalities, is critical for this RFP award. On June 27, 2018, the Procurement Services Division released Request for Proposal # 18-7403 to 2,193 vendors for Indoor Air Quality Testing. Vendors downloaded fifty-two (52) bid packages, and the County received five proposals by the July 27, 2018 deadline. Staff recommends awarding this agreement to Pure Air Control Services, Inc. Indoor Air Quality Testing Rankings Company Name Rank Responsive/Responsible Pure Air Control Services, Inc 1 Y/Y GFA International 2 Y/Y AirQuest Environmental, Inc 3 Y/Y Ramboll Environ 4 Y/Y The Mold Pro's, Inc 5 Y/Y This contract may be used by other County departments once awarded according to the Procurement Ordinance. The RFP selection was based on the following grading criteria: Cover Letter/Management Summary, Certified Minority Business Enterprise, Business Plan, Cost of Services to the County, Experience and Capacity of the Firm, and Specialized Expertise of Team Members. Facilities Management performed a cost analysis of all proposals and identified/compared common personnel positions and testing services such as mold sampling, asbestos sampling, senior project manager labor, technician labor, consultant labor, etc. Of the five (5) ranked firms, Pure Air's pricing was evenly priced with all other proposals. Pure Air Control Services, Inc. is a national firm that has successfully provided services to Collier County since 2005. As shown in the list of services provided in its proposal, Pure Air Control Services, Inc. has the most comprehensive list of services available (70 services more than next qualified firm) and was the only company to have its own in-house laboratory for testing. This allows for the indoor air quality Packet Pg. 747 03/26/2019 testing results to be returned expeditiously. In terms of potential air quality issues, time is of the essence as it relates to health and safety. As the incumbent, Collier County has been satisfied with response times and services provided. FISCAL IMPACT: The Division annual expenditure for indoor air quality testing services is estimated to be $125,000 depending on the demand and request for emergency evaluations. In a declared state of emergency during a hurricane, County Divisions have spent in excess of $850,000 for hurricane recovery efforts relating to water intrusion. Funds are available in the Division of Facilities Management Operating Budget 001-122240 and other user division cost centers. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: To approve an Agreement to Pure Air Control Services, Inc. for RFP # 18- 7403, "Indoor Air Quality Testing," for Countywide indoor air quality testing services and authorize the Chairman to execute the attached Agreement. Prepared By: Miguel Carballo, CFM, Manager of Facilities, Division of Facilities Management ATTACHMENT(S) 1. 18-7403 NORA Signed (PDF) 2. 18-7403 Solicitation (PDF) 3. 18-7403 Final Ranking (PDF) 4. [Linked] 1_CCG_ Sol. _18-7403_IAQ_Testing_Submission_opt (PDF) 5. 18-7403 PureAirControl_Contract VendorSigned (PDF) 6. 18-7403 Pure Air Control_InsuranceRenewal_03-11-19 (PDF) 16.C.1 Packet Pg. 748 16.C.1 03/26/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.1 Doe ID: 7363 Item Summary: Recommendation to approve an Agreement to Pure Air Control Services, Inc., for RFP #18-7403, "Indoor Air Quality Testing," for Countywide indoor air quality testing services. Meeting Date: 03/26/2019 Prepared by: Title: Operations Analyst — Facilities Management Name: Amanda Condomina 01/08/2019 11:20 AM Submitted by: Title: Deputy Department Head — Public Utilities Department Name: Dan Rodriguez 01/08/2019 11:20 AM Approved By: Review: Facilities Management Damon Grant Director - Facilities Public Utilities Operations Support Joseph Bellone Additional Reviewer Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Facilities Management Miguel Carballo Additional Reviewer Procurement Services Ted Coyman Additional Reviewer Procurement Services Kristofer Lopez Additional Reviewer Procurement Services Sandra Herrera Additional Reviewer Procurement Services Swainson Hall Additional Reviewer Public Utilities Department Dan Rodriguez Additional Reviewer Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Public Utilities Department George Yilmaz Level 2 Division Administrator Review County Attorney's Office Scott Teach Level 2 Attorney Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Budget and Management Office Ed Finn Additional Reviewer County Manager's Office Nick Casalanguida Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Completed 01/08/2019 11:25 AM Completed 01/08/2019 11:43 AM Skipped 01/08/2019 2:46 PM Completed 01/10/2019 12:45 PM Completed 03/04/2019 2:36 PM Completed 03/11/2019 7:36 AM Completed 03/11/2019 8:17 AM Completed 03/11/2019 9:38 AM Completed 03/11/20191:11 PM Completed 03/11/2019 2:53 PM Completed 03/12/2019 12:52 PM Completed 03/14/2019 8:07 PM Completed 03/15/2019 10:06 AM Completed 03/15/2019 10:07 AM Completed 03/15/2019 1:20 PM Completed 03/17/2019 7:41 PM 03/26/2019 9:00 AM Packet Pg. 749 16.C.1.a Co ier County Administrative Services Department Procurement Services Division Notice of Recommended Award Solicitation : 18-7403 Indoor Air Quality Testing Due Date and Time: 3:00 pm 7/27/2018 Respondents: Company Name City County State Rank Responsive/Responsible Pure Air Control Services, `; Inc Clearwater Pinellas FL ' 1 Y/Y GFA International Fort Myers' Lee' FL 2 Y/Y AirQuest Environmental, Inc Fort Lauderdale 8roward FL 3! Y/Y Ramboll Environ Tampa Hillsborough FL 4 Y/Y The Mold Pro's, Inc Naples Collier FL 5' Y/Y Required Signatures Project Manager: Date:: 9/20/2018 Amanda Condomina Cotld�IllIClaAlllatlCia'DigitallysignedbyCondominaAmanda Date: 2018.09.2009:36:24-04'00' 0I91 W iy f t9ned. by k�istolciopez�calik`9ay.nt Procurement Strategist: kristoferlopez@colliergov.neY'Dw.Ndtoerhaao:9wrae DaDate: Wt. 301&0920 M3929-04 W Kristofer Lopez PrKilre,m rrt Services Director: Edward F. Coyman Jr. ` :� 0 L Q rS 0 c 0 r 0 c a� E E 0 U w w Q Packet Pg. 750 16.C.1.b Collier CoHnty Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL (RFP) FOR Indoor Air Quality Testing SOLICITATION NO.: 18-7403 KRISTOFER LOPEZ, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8944 Kristofer.lopez@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations to this document made by the Vendor maybe grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Packet Pg. 751 16.C.1.b SOLICITATION PUBLIC NOTICE REQUEST FOR PROPOSAL (RFP) NUMBER: 18-7403 PROJECT TITLE: Indoor Air Ouality Testing LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112 PLACE OF RFP OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: htWs://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the Facilities Management Division (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. BACKGROUND The Board of County Commissioners of Collier County, Florida is seeking proposals for a total comprehensive indoor environmental consultant(s) for Indoor Air Quality (IAQ) Testing, and Technical Support. The services shall include, but not be limited to, IAQ pre- and post -testing, management/supervision, and technical support. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one-year renewals. Prices shall remain firm for the initial term of this contract. It is the intent of this Request for Proposal to engage with one firm who will be responsible for pre- and post -testing services. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. DETAILED SCOPE OF WORK In an effort to provide a clean and safe working environment for its employees and the general public, the Board of County Commissioners are in need of a professional company that specializes in Indoor Air Quality testing, and lab analysis. This company should have extensive experience (at least ten (10) years) in the field of indoor air quality servicing municipal governments handling all facets of pre- and post -testing services and lab analysis. HVA The proposer shall provide proof of the above minimum qualification by furnishing copies of letters, certificates, etcetera (as applicable); which clearly document said qualifications. Failure to provide said documentation with your proposal shall be grounds for deeming your proposal unresponsive and removing it from further consideration. This is a non-negotiable item. The IAQ work shall be performed on any or all County buildings for an initial term of three years following contract execution with two - 1 -year renewal options. Interested firms should provide a complete unit pricing list for all services offered. BASIC SERVICES FOR IAQ INSPECTIONS Work required under this section consists of providing labor, equipment, materials, and supervision necessary to perform the techniques specifically required for the technical evaluation of indoor air quality which may include determination of microbial agents (fungi, bacteria and others) potentially harmful to human health: c 0 0 M O 00 c d E z a Packet Pg. 752 16.C.1.b a. aeroallergens, non-viable particulates, surface allergen assay (dust mite, cat, cockroach, endotoxin); b. noxious gaseous compounds, i.e., volatile organic compounds (VOC); c. carbon monoxide, Sulphur oxides and nitrogen oxides; suspended particles, i.e., nuisance dust, asbestos, fiberglass; d. ventilation (as measured by carbon dioxide concentration), viable air flow rates; temperature and relative humidity; and e. levels of discomfort, mechanical equipment evaluated and affected personnel. CD ASSIGNMENT OF THE WORK: °r° The Project Manager or their designee will provide a scope of work for Pre- and Post -testing work to the awarded contractors. The LL Contractor will provide a proposal for the work, upon review and acceptance by the Project Manager or their designee, a purchase order will be issued for the work. c CONTRACTOR REQUIREMENTS 1. Upon request by the Project Manager or their designee, and within twenty-four (24) hours, the Contractor shall furnish all labor, equipment, materials and supervision necessary to perform IAQ inspections required to determine IAQ problems in County buildings. 2. The IAQ diagnostic evaluations shall consist of techniques specifically required for the evaluation of indoor air quality agents potentially dangerous to human health. 3. An adequate number of air samples, bacteria samples, and temperature/humidity readings shall be performed by a person certified in bacteria chemistry for each necessary application. 4. The testing and sample results shall be reviewed by a laboratory scientist experienced in Chemistry, Microbiology and/or Physical testing. A written report with test results and recommendations shall be forwarded to the Project Manager or their designee upon completion within ten (10) days. The IAQ inspections of ductwork, air handlers, coils and drain pans shall be done visually with both video and still photo for documentation. Video and photo copies of problem areas shall be provided to the Project Manager or their designee. 5. IAQ testing and inspection may also include testing for other environmental hazards such as: asbestos, lead and/or foreign smells or particles. This work may need specialized environmentalist that the contractor will have access to. SAFETY All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. POINT OF CONTACT The Contractor shall be accessible 24 hours a day, 7 days a week via answering service, pager, cellular/mobile phone or other means approved by the Facilities Manager or their designee during the entire term of the Contract. Voice Mail or Answering Machines are not acceptable. c The Contractor shall provide a dedicated Account Manager who shall personally visit all sites at least one time each quarter year. The Account Manager shall be the immediate point of contact to the Project Manager or their designee. The Account Manager m shall be the Contractor or an employee of the Contractor and shall maintain the authority to act for the Contractor in performing the terms of this Contract. If the Account Manager is someone other than the Contractor, the Project Manager or their designee prior to �o the start date of the Contract shall approve the Account Manager. The Project Manger reserves the right to remove an Account Manager at his/her discretion. If the Account Manager is removed by the Project Manager or their designee or by the Contractor, a replacement shall promptly be appointed by the Contractor, subject to approval by the Project Manager or their designee. 00 USE OF PREMISES r c d On or about the premises and adjacent areas, the Contractor shall cause all apparatus, storage of materials and activities of z workmen to be confined to the limits indicated by law, ordinance, permits, and the direction of a Collier County authorized representative, and shall not encumber or permit the premises or adjacent areas to be encumbered with such materials or apparatus. Q The work site shall be kept in such orderly and safe fashion and will not interfere with the progress of the work or the work of another Contractor. The contractor shall be responsible for repairing and replacing any work damaged by his operations within thirt Packet Pg. 753 16.C.1.b notification by a Collier County authorized representative that damage has occurred. It will be the responsibility of the Contractor to report to a Collier County representative any damages found prior to any work at this site. PROTECTION OF PROPERTY The Contractor shall make necessary repairs in such a manner that does not damage property. In the event damage occurs to property by reason of any repairs or installations performed under this Contract, the Contractor shall replace or repair the same at no cost to the County. If damage caused by the Contractor has to be repaired or replaced by the County, the cost of such work shall be deducted from the monies due the Contractor. IDENTIFICATION The Contractor shall require that all employees have a shirt with visible company logo and personal identification (County ID Card issued by Facilities Management) on the individual employee. Submit to the Facilities Manager or their designee the following information for each employee: Name, Date of Birth, Social Security Number and Company Name. SUPERVISION AND INSPECTION Collier County will provide an inspector who will randomly visit all buildings/facilities to ensure schedules and performance are in accordance with the contract. REQUEST FOR PROPOSAL (RFP) PROCESS 1.1 The Proposers will submit a qualifications proposal which will be scored based on the criteria in Section 5.0 Grading Criteria for Development of Shortlist, which will be the basis for short -listing firms. The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then grade and rank the firms and enter into negotiations with the top ranked firm to establish cost for the services needed. The COUNTY reserves the right to issue an invitation for oral presentations to obtain additional information after grading and before the final ranking. With successful negotiations, a contract will be developed with the selected firm, based on the negotiated price and scope of services and submitted for approval by the Board of County Commissioners. 1.2 The COUNTY will use a Selection Committee in the Request for Proposal selection process. c 1.3 The intent of the scoring of the proposal is for respondents to indicate their interest, relevant experience, financial capability, staffing and organizational structure. E 0 1.4 The intent of the oral presentations, if deemed necessary, is to provide the vendors with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final rank. 1.5 Based upon a review of these proposals, the COUNTY will rank the Proposers based on the discussion and clarifying M questions on their approach and related criteria, and then negotiate in good faith an Agreement with the top ranked Proposer. r_ 0 1.6 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top-ranked firm, negotiations with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a contract cannot be successfully negotiated with the firm ranked second, negotiations with that firm will be formally =0 terminated and negotiations shall begin with the third ranked firm, and so on. The COUNTY reserves the right to M negotiate any element of the proposals in the best interest of the COUNTY. c ao GRADING CRITERIA FOR DEVELOPMENT OF SHORTLIST: r c d 1.7 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY'S Selection Committee to E score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points Q 1. Cover Letter / Management Summary 5 Po' ts Packet Pg. 754 Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County's financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is invoked by the Procurement Services Division Director or designee. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnesses. Each criterion and methodology for scoring is further described below. EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (5 Total Points Available) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points Available) Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Minority Business Enterprise. EVALUATION CRITERIA NO. 3: BUSINESS PLAN (30 Total Points Available) In this tab, include but not limited to: • Detailed plan of approach (including major tasks and sub -tasks). • Detailed time line for completion of the project. • Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference. EVALUATION CRITERIA NO. 4: COST OF SERVICES TO THE COUNTY (25 Total Points Available) In this tab, include but not limited to: • Provide a unit pricing list for all services offered • Provide proposed fee schedule of principals and staff (including sub -vendors). EVALUATION CRITERIA NO. 5: EXPERIENCE AND CAPACITY OF THE FIRM (20 Total Points Available) M In this tab, include but not limited to: M ti • Provide information that documents your firm's and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in o providing the required services. o • Describe the various team members' successful experience in working with one another on previous projects. 0_ 0 The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed M reference forms from clients (during which period of time, eg. 5 years) whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the vendor that best represent t; projects of similar size, scope and complexity of this project using form provided in Attachment B — Form 8. Vendors °r° may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. E s EVALUATION CRITERIA NO. 6: SPECIALIZED EXPERTISE OF TEAM MEMBERS (15 Total Points Available) Q In this tab, include but not limited to: • Description of the proposed contract team and the role to be played by each member of the team. Packet Pg. 755 16.C.1.b 2. Certified Minority Business Enterprise 5 Points 3. Business Plan 30 Points 4. Cost of Services to the County 25 Points 5. Experience and Capacity of the Firm 20 Points 6. Specialized Expertise of Team Members 15 Points v TOTAL POSSIBLE POINTS 100 Points m Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County's financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is invoked by the Procurement Services Division Director or designee. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnesses. Each criterion and methodology for scoring is further described below. EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (5 Total Points Available) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points Available) Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Minority Business Enterprise. EVALUATION CRITERIA NO. 3: BUSINESS PLAN (30 Total Points Available) In this tab, include but not limited to: • Detailed plan of approach (including major tasks and sub -tasks). • Detailed time line for completion of the project. • Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference. EVALUATION CRITERIA NO. 4: COST OF SERVICES TO THE COUNTY (25 Total Points Available) In this tab, include but not limited to: • Provide a unit pricing list for all services offered • Provide proposed fee schedule of principals and staff (including sub -vendors). EVALUATION CRITERIA NO. 5: EXPERIENCE AND CAPACITY OF THE FIRM (20 Total Points Available) M In this tab, include but not limited to: M ti • Provide information that documents your firm's and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in o providing the required services. o • Describe the various team members' successful experience in working with one another on previous projects. 0_ 0 The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed M reference forms from clients (during which period of time, eg. 5 years) whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the vendor that best represent t; projects of similar size, scope and complexity of this project using form provided in Attachment B — Form 8. Vendors °r° may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. E s EVALUATION CRITERIA NO. 6: SPECIALIZED EXPERTISE OF TEAM MEMBERS (15 Total Points Available) Q In this tab, include but not limited to: • Description of the proposed contract team and the role to be played by each member of the team. Packet Pg. 755 16.C.1.b • Attach brief resumes of all proposed project team members who will be involved in the management of Me folat package of services, as well as the delivery of specific services. • Attach resumes of any sub-consultants and attach letters of intent from stated sub-consultants must be included with proposal submission. Packet Pg. 756 j|¥ and elm IUGWGGJBV ue a o dde m uo|e■ puemmo ell:£ £) BmNuu11 mm] E -PL - �:ju mmLj3e n¥ T � � k mm- 0 / k — c — � / � k cl �( � « Q � n � - ./ � k \ / n � - § � � § � � A ■ k �\ § 8 a k Q 7 / 7 n � / J 2 J ƒ § § E � _ \ � � � 2 k ƒ / � � .y / § o $ � ƒ \ o \ � � \ / as \ ƒ� / � $ K� / k � k ? / \ 2 � - G c � � ƒ / \ ( � d fCL T � � � \ a \ a / \ 2 mm- / k — c — � k cl � Q n � - � k / n � - �\ Q 7 n � - J § � \ � � 2 k / � / § o $ o \ ( � \ / as \ ƒ� / � $ � k ? / � \ a \ a / \ 2 16.C.1.e FIXED TERM SERVICE AGREEMENT # 18-7403 for Indoor Air Qualitv Testin THIS AGREEMENT, made and entered into on this day of 20_, by and between Pure Air Control Services Inc , authorized to do business in the State of Florida, whose business address is4911 Creekside Dr. Suite C Clearwater FL 33760 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing ❑E upon the date of Board approval or ❑ on and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one (_L_) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ® Purchase Order ❑ Netiee to RFeeeed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of FNI Request for Proposal (RFP) ❑ n def ( ) # 18-7403 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. n The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) Packet Pg. T58 16.C.1.e 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): he County's project manager before payment for the fixed price contract is authorized. A■ Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 0 Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Page 2 of 17 Fixed Tenn Service Agreement #2017-002 (Ver. 1) Packet Pg. 759 16.C.1.e - —:1— M. - . _ &A -MUM .. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Address: Authorized Agent: Attention Name & Title Telephone: E-Mail(s): Pure Air Control Services, Inc. 4911 Creekside Dr. Suite C Clearwater, Florida 33760 Alan Wozniak, President/CEO Cynthia Bailey, Operations Manager 239-444-1770 cbailey@pureaircontrols.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Page 3 of 17 Fixed Term Service Agreement #2017-002 (Ver. 1) Packet Pg. 760 16.C.1.e Board of County Commissioners for Collier County, Florida Division Name: Facilities Management Division Division Director: Miguel Carballo, Interim Director Address: 3335 Tamiami Trail, Suite 101 Naples, Florida 34112 Administrative Agent/PM: Telephone: E-Mail(s): Amanda Condomina, Operations Analyst 239-252-8380 Amanda.Condomina@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. Page 4 of 17 Fixed Term Service Agreement #2017-002 (Ver.1) Packet Pg. 761 16.C.1.e 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of the non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. FM� Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. 0 Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. W Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D. ❑O Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and aggregate. Page 5 of 17 Fixed Term Service Agreement #2017-002 (Ver.l) Packet Pg. 7 2 16.C.1.e Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. Page 6 of 17 Fixed Term Service Agreement #2017-002 (Ver.l ) Packet Pg. 763 16.C.1.e 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division 15. CONFLICT OF INTEREST. Contractor 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. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), © Exhibit A Scope of Services, Exhibit B Fee Schedule, © RFP/ ❑ 4T431❑ 9ther # 18-7403 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes, and n Other Exhibit/Attachment: Grant Provisions 17. APPLICABILITY. Sections corresponding to any checked box (■) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(x) -(b) as stated as follows: Page 7 of 17 Fixed Term Service Agreement #2017-002 (Ver. 1) Packet Pg. 764 16.C.1.e IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency 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 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 Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. Page 8 of 17 Fixed Tenn Service Agreement #2017-002 (Ver. 1) Packet Pg. 765 16.C.1.e 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. FO -1 CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. 0 WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, Page 9 of 17 Fixed Term Service Agreement #2017-002 (Ver.l ) Packet Pg. 766 16.C.1.e fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. FE -1 TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. �■ PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. Page 10 of 17 Fixed Term Service Agreement #2017-002 (Ver. 1) Packet Pg. 767 16.C.1.e 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. X AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. Page 11 of 17 Fixed Term Service Agreement #2017-002 (Ver. 1) Packet Pg. 768 AW .. .-.. AW - . .... IM A . - .. - ♦ .. •.- . .. - - r-TaMMUMIFE X AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. Page 11 of 17 Fixed Term Service Agreement #2017-002 (Ver. 1) Packet Pg. 768 16.C.1.e ■. — — - - - ___ NO. 0■ ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. Page 12 of 17 Fixed Term Service Agreement #2017-002 (Ver. 1) i Packet Pg. 769 16.C.1.e 38. FE� SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 13 of 17 `L Fixed Term Service Agreement #2017-002 (Ver. 1) Packet Pg. 770 16.C.1.e IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller By: Dated: (SEAL) Contractor's Witnesses: �kontra-ctc,Nl Virs0fliftness il�P Villr�ia� ype/print witness nameT Contractor's Second VVitness TType/print witness nameT Approved as to Form and Legality: County Attorney Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA la William L. McDaniel Jr. , Chairman Pure Air Control Services, Inc Contractor Page 14 of 17 Fixed Tenn Service Agreement !l2017-002(Ver.l) Packet Pg. 771 16.C.1.e Exhibit A Scope of Services ❑■ following this page (containing 2 pages) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement #2017-002 (Ver. 1) Packet Pg. 7 2 16.C.1.e 18-7403-Inddor Air Quality BASIC SERVICES FOR IAQ INSPECTIONS Work required under this section consists of providing labor, equipment, materials, and supervision necessary to perform the techniques specifically required for the technical evaluation of indoor air quality which may include determination of microbial agents (fungi, bacteria and others) potentially harmful to human health: a. aeroallergens, non-viable particulates, surface allergen assay (dust mite, cat, cockroach, endotoxin); b. noxious gaseous compounds, i.e., volatile organic compounds (VOC); c. carbon monoxide, Sulphur oxides and nitrogen oxides; suspended particles, i.e., nuisance dust, asbestos, fiberglass; d. ventilation (as measured by carbon dioxide concentration), viable air flow rates; temperature and relative humidity; and e. levels of discomfort, mechanical equipment evaluated and affected personnel. ASSIGNMENT OF THE WORK: The Project Manager or their designee will provide a scope of work for Pre- and Post -testing work to the awarded Contractor. The Contractor will provide a proposal for the work, upon review and acceptance by the Project Manager or their designee, a purchase order will be issued for the work. CONTRACTOR REQUIREMENTS 1. Upon request by the Project Manager or their designee, and within twenty-four (24) hours, the Contractor shall furnish all labor, equipment, materials and supervision necessary to perform Indoor Air Quality (IAQ) inspections required to determine IAQ problems in County buildings. 2. The IAQ diagnostic evaluations shall consist of techniques specifically required for the evaluation of indoor air quality agents potentially dangerous to human health. 3. An adequate number of air samples, bacteria samples, and temperature/humidity readings shall be performed by a person certified in bacteria chemistry for each necessary application. 4. The testing and sample results shall be reviewed by a laboratory scientist experienced in Chemistry, Microbiology and/or Physical testing. A written report with test results and recommendations shall be forwarded to the Project Manager or their designee upon completion within ten (10) days. The IAQ inspections of ductwork, air handlers, coils and drain pans shall be done visually with both video and still photo for documentation. Video and photo copies of problem areas shall be provided to the Project Manager or their designee. IAQ testing and inspection may also include testing for other environmental hazards such as: asbestos, lead and/or foreign smells or particles. This work may need specialized environmentalist that the contractor will have access to. SAFETY The Contractor and all subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, the Contractor and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Page 1 of 2 Packet Pg. 773 16.C.1.e POINT OF CONTACT The Contractor shall be accessible 24 hours a day, 7 days a week via answering service, pager, cellular/mobile phone or other means approved by the Facilities Manager or their designee during the entire term of the Contract. Voice Mail or Answering Machines are not acceptable. The Contractor shall provide a dedicated Account Manager who shall personally visit all sites at least one time each quarter year. The Account Manager shall be the immediate point of contact to the Project Manager or their designee. The Account Manager shall be the Contractor or an employee of the Contractor and shall maintain the authority to act for the Contractor in performing the terms of this Contract. If the Account Manager is someone other than the Contractor, the Project Manager or their designee prior to the start date of the Contract shall approve the Account Manager. The Project Manger reserves the right to remove an Account Manager at his/her discretion. If the Account Manager is removed by the Project Manager or their designee or by the Contractor, a replacement shall promptly be appointed by the Contractor, subject to approval by the Project Manager or their designee. USE OF PREMISES On or about the premises and adjacent areas, the Contractor shall cause all apparatus, storage of materials and activities of workmen to be confined to the limits indicated by law, ordinance, permits, and the direction of a Collier County authorized representative, and shall not encumber or permit the premises or adjacent areas to be encumbered with such materials or apparatus. The work site shall be kept in such orderly and safe fashion and will not interfere with the progress of the work or the work of another Contractor. The Contractor shall be responsible for repairing and replacing any work damaged by his operations within thirty (30) days after notification by a Collier County authorized representative that damage has occurred. It will be the responsibility of the Contractor to report to a Collier County representative any damages found prior to any work at this site. PROTECTION OF PROPERTY The Contractor shall make necessary repairs in such a manner that does not damage property. In the event damage occurs to property by reason of any repairs or installations performed under this Contract, the Contractor shall replace or repair the same at no cost to the County. If damage caused by the Contractor must be repaired or replaced by the County, the cost of such work shall be deducted from the monies due the Contractor. IDENTIFICATION The Contractor shall require that all employees have a shirt with visible company logo and personal identification (County ID Card issued by Facilities Management) on the individual employee. Submit to the Facilities Manager or their designee the following information for each employee: Name, Date of Birth, Social Security Number and Company Name. SUPERVISION AND INSPECTION Collier County will provide an inspector who will randomly visit all buildings/facilities to ensure schedules and performance are in accordance with the contract. Page 2 of 2 Packet Pg. 774 16.C.1.e Exhibit B Fee Schedule following this page (containing 6 pages) Page 16 of 17 Fixed Term Service Agreement #2017-002 (Ver. 1) Packet Pg. 775 Criteria No. 4 — Cost of Services to the Count PURE AIR CONTROL SERVICES, Inc. FEE SCHEDULE 2018 r�g ►, Drab ORS Corporate Headquarters, 4911 Creekside Drive, Suite C, Clearwater, FL 33760 Tall Free: 1-800-422-7873 • Email: iaq@pureaircontrols.com • PureAirControls.com 16.C.1.e pg. 92 Packet Pg. 776 Labor Rates Standard Fee Schedule for Collier County Government OVERTIME IAQ Services IAQExpert Witness IAQ Services IAQ Expert Witness Depositions & Research, Depositions & Personnel Field Work Report Writing Research, Report Giving Sworn Field Work Report Writing Report Giving Sworn Category IAQ Personnel Writing Testimony Writing Testimony $165.00 $165.00 $210.00 $250.00 $247.50 $247.50 $315,00 $375.00 Doctorate Scientist (FhD) $150.00 $160.00 $190.00 $225.00 $226.00 $226.00 $285.00 $337.50 Z. Laboratory Manager 0 2 $105.00 $105.00 $135.00 $156.00 $157.60 $167.60 $202.50 $232.60 0 Laboratory Supervisor $106.00 $105.00 $136.00 $155.00 $157.50 $157.50 $202.60 $232,60 Master Science Public Health (MSPH) $85.00 $85.00 $110.00 $130.00 $127.50 $127.50 $165,00 $195.00 Laboratory Assistant $125.00 $125.00 $160.00 $190.00 $187.50 $187.50 $240.00 $285.00 Certified IAO Professional (CIAQP) c $105.00 $105.00 $135.00 $166.00 $167.60 $157.50 $202.50 $232.50 y Senior Level CIH f c $95.00 $95.00 $120.00 $140.00 $142.50 $142.50 $180.00 $210.00 Building Scientist w Chemical Engineer $95,00 $95.00 $120.00 $140.00 $142.50 $142,60 $180.00 $210.00 a c $95.00 $95,00 $120.00 $140.00 $142.50 $142.50 $180.00 $210.00 IAQ Diagnostic Technician c $95.00 $95.00 $120.00 $140.00 $142.50 $142.50 $180,00 $210,00 m Industrial Hygenist c_ $125.00 $126.00 $160.00 $190.00 $187.50 $187.60 $240.00 $285.00 ra' Mechanical Engineer $96.00 $95.00 $120.00 $140.00 $142.50 $142.60 $180.00 $210.00 Senior IAQ Diagnostic Tech. $90.00 $90.00 $115.00 $126,00 $135.00 $136.00 $172.50 $187.60 IAQ Project Supervisor y $96.00 $95.00 $120.00 $140.00 $142.50 $142.50 $780.00 $210.00 Project Manager ! $85.00 $65.00 $105.00 $125.00 $127.60 $127.50 $157.50 $187.50 c HVAC/IAQ Specialist v $85.00 $85.00 $106.00 $125.00 $127.50 $127.50 $157.60 $187.60 Commercial HVAC Technician E E $85.00 $85,00 $106.00 $125.00 $127.50 $127.50 $157.50 $187.60 c HVAC /Drywall Tech m $85,00 $85.00 $106.00 $126.00 $127.50 $127.50 $157.50 $187.60 HVAC/IAQ Technologist $85.00 $85.00 $105.00 $125.00 $127.60 $127.50 $157.60 $187.50 Service Technician $55,00 $65.00 $70.00 $85.00 $82.50 $82.50 $105.00 $127.60 Admin. Support (Technical) a, $65,00 $55.00 $70.00 $85.00 $82.50 $82,50 $105.00 $127.50 i BHC Admin. Support (Technical) Yn $45.00 $45.00 $56.00 $55.00 $67.50 $67.50 $82,50 $82.60 c Data Entry E Q $35.00 $35.00 $45.00 $55.00 $52.50 $52.60 $67.50 $82.50 Accounting $35.00 $35.00 $45,00 $60.00 $52.50 $62.50 $67.50 $76.00 Clerical $200.00 $200.00 $250.00 $300.00 $300.00 $300.00 $375.00 $460.00 m Doctor(MD) $126.00 $125.00 $160.00 $190.00 $187.50 $187.50 $240.00 $286.00 c Principal/Senior Management 0 $150.00 $150.00 $190.00 $226.00 $226.00 $225.00 $286.00 $337.50 s Professional Engineer (PE) O -----t $125.00 $125.0 $$160.00 $190.00 $187.60 $187.50 $240.00 $286.00 MIS Specialist =NaiNRxdem:trawl-arW auiotpotket-ergnsasanaWHrMareywfaHa paty. RatacareAaMy. Afrvmumcha�NaCN-ralNcaiabnllCaY-RaNcaxGudalYaWta,WcandNo3dayc Va�madscauNcaw�bbksnC W sna.�NtKaF NVA&WPFbeKlpio-bna9^9{H�aVwaM InWeWbnwihcpeWbVe-rken9rodwtbnandgtwlo9reDi+��9�8'b1`7iVA61WQ'a�eoL istaiw-rataNruWwebrFber 16.C.1.e pg. 93 2 Q Packet Pg. 777 PUREJ A -VII -1 CC' ONT R 0 L S!" R V I C; E S. INC. Laboratory Assays Standard Fee Schedule for Collier County Government MICROBIOLOGY 16.C.1.e Pg. 94 Bioaerosol: Bacteria, S.S., characterization & quantitation $120.00 per Samples Bioaerosol: Bacteria, Total Colony Count $35.00 per Samples Bioaerosol: Fungi, S.S., characterization & quantitation $90.00 per Samples Bioaerosol: Fungi, Total Colony Count $35.00 per Samples Bulk: Bacteria, characterization & quantitation $120.00 per Samples Bulk: Fungi, characterization & quantitation $90.00 per Samples Bulk: Both Bacteria & Fungi, characterization & quantitation $175.00 per Samples Bulk: Both Bacteria & Fungi, Total Colony Count $90.00 per Samples Bulk: Thermophilic Bacteria & Fungi, character. & quantit. $25.00 per Samples Bulk: Thermophilic Bacteria & Fungi, Total Colony Count $90.00 per Samples Swab: Bacteria, characterization & quantitation $120.00 per Samples Swab: Fungi, characterization & quantitation $90.00 per Samples Swab: Both Bacteria & Fungi, characterization & quantitation $175.00 per Samples Swab: Both Bacteria & Fungi, Total Colony Count $90.00 per Samples Swab: Thermophilic Bacteria & Fungi, character. & quantit. $25.00 per Samples Swab: Thermophilic Bacteria & Fungi, Total Colony Count $90.00 per Samples Water: Bacteria, characterization & quantitation $120.00 per Samples Water: Fungi, characterization & quantitation $90.00 per Samples Water: Both Bacteria & Fungi, character.& quantit. $175.00 per Samples Water: Both Bacteria & Fungi, Total Colony Count $90.00 per Samples Water: Thermophilic Bacteria & Fungi, character. & quantit. $25.00 per Samples Water: Thermophilic Bacteria & Fungi, Total Colony Count $90.00 per Samples Legionella Pneumophila Detection $80.00 per Samples Legionella Pneumophila Detection & Identification $150.00 per Samples Legionella Serotyping/Molecular Detection $262.50 per Samples Mold Spore Screen $69.00 per samples AHU Mold Spore Screen $58.68 per Samples Fungi Total Count $35.00 per Samples Bacteria Total Count $35.00 per Samples Swab: Bacteria, 3 predom. genus only $64.25 per Samples Swab: Fungi, 3 predom. genus only $71.25 per Samples ALLERGEN ASSAYS Dust Allergen Screen, complete (Mite, Cat, Cockroach) $225.00 per Samples Dustmite, characteriz. & quantitation (Der p 1 & Der f 1) $95.00 per Assays Feline (cat), characterization & quantitation (Fel d 1) $60.00 per Assays Cockroach, characteriz. & quantitation (Bla g 1 & Bla g 2) $95.00 per Assays Endotoxin Assay (LAL)-DO NOT USE_SEE BIOCHEMICAL $100.00 per Assays Dustmite Allergen Screen (RapidTest) $75.00 per Samples Rat Protein Allergen Screen $95.00 per Samples Packet Pg. 778 16.C.1.e pg. 95 House Dust Allergen Assay $176.25 per Assays Allergen Screen, MARIA 5-Plex $162.00 per Assays PARTICULATE ANALYSIS $35.00 per Samples Microscopic Particle Assay (SporeTrap) $65.00 per Assays Microscopic Particle Assay (SporeTrap), Fungi Only $39.00 per Assays Microscopic Particle Assay (SporeTrap), 24 hr. TAT $97.50 per Assays Microscopic Particle Assay (SporeTrap), Fungi Only, 24 hr. TAT $58.50 per Assays Microscopic Particle Assay (SporeTrap), Fungi Only, Same -Day TAT $78.00 per Assays Microscopic Particle Assay (SporeTrap), Same -Day TAT $130.00 per Assays Transparent Adhesive Imprint (STP) $35.00 per Assays Transparent Adhesive Imprint (STP), Fungi Only $25.00 per Assays Transparent Adhesive Imprint (STP), 24 hr. TAT $52.50 per Assays Transparent Adhesive Imprint (STP), Fungi Only, 24 hr. TAT $37.50 per Assays Transparent Adhesive Imprint (STP), Fungi, Same Day TAT $50.00 per Assays Transparent Adhesive Imprint (STP), Same -Day TAT $70.00 per Assays Wet Mount Prep $35.00 per Assays PACS VT $25.00 per Assays Gravimetric Analysis $45.00 per Samples Laser Diode Particle Analysis (Respirable Differential) $20.00 per Samples Multiple Parameter Analysis (MPA) $200.00 per Days Particle Mass (PM10) $35.00 per Samples TapePrep Assay $35.00 per Assays TapePrep Assay, Fungi Only $25.00 per Assays TapePrep Assay, 24 hr. TAT $52.50 per Assays TapePrep Assay, Fungi Only, 24 hr. TAT $37.50 per Assays TapePrep Assay - Fiberglass $52.50 per Assays CHEMICAUBIOCHEMICAL ASSAYS Carbon Monoxide (CO) $35.00 per Samples Carbon Dioxide (CO2) $5.00 per Samples Ozone $35.00 per Samples Formaldehyde - Instant Field Reading $35.00 per Samples Pesticide $230.00 per Samples Volatile Organic Compounds (VOC) : $220.00 per Samples Total Volatile Organic Compounds (TVOC) $100.00 per Samples Quality Control V.O.C. (Blanks) (QC VOC) $50.00 per Samples Heavy Metal Analysis $210.00 per Samples Methane/Hydrogen Sulfide Analysis $210.00 per Samples Chemical Profile $325.00 per Samples Mycotoxin: Trichothecenes $84.75 per Samples Rat Protein Allergen Test $95.00 per Samples Nitrogen Dioxide $35.00 per Samples Sulfur Dioxide $35.00 per Samples pH $25.00 per Assays Formaldehyde - HPLC Method $75.00 per Samples Endotoxin $100.00 per Samples Diphenylmethane Diisocyanate $352.00 per Assays TO15 $350.00 per Assays Packet Pg. 779 C C) P;t T R 0 L S E R V! C Ei S. 1 N C. Field Expenses, Monitoring and Equipment Services Standard Fee Schedule for Collier County Government FielderLrc�rk EnPc�_i-`aca GempaRy $8:42 per Mile5 All other travel expenses T4�D peF day, eaeh, gal, ete. COMFORT. VENTILATION AND PRESSURIZATION Temperature Reading $5.00 per Samples Relative Humidity (RH) Reading $5.00 per Samples HOBO Datalogger Probe Monitoring (Temp. & Relative Humidity) $50.00 per Probes Relative Pressurization Analysis $5.00 per Readings Air Mixture and Flow Determination $5.00 per Readings Thermal Comfort Test Kit $50.00 per Samples Shortridge Flowhood Balometer: R/A or S/A < 24" x 24" $5.00 per Samples Shortridge Flowhood Balometer: R/A or S/A > 24" x 24" $5.00 per Samples Thermography - Infrared Imaging $50.00 per Each EQUIPMENT USAGE Dehumidifier, daily rate $35.00 per Units, per Days Dehumidifier, weekly rate $125.00 per Units, per Weeks Dehumidifier, monthly rate $500.00 per Units, per Month HEPA Vacuum wet/dry, daily rate $40.00 per Units, per Days HEPA Vacuum wet/dry, weekly rate $150.00 per Units, per Weeks HEPA Vacuum wet/dry, monthly rate $600.00 per Units, per Month Negative Air Machine 2000, daily rate $40.00 per Units, per Days Negative Air Machine 2000, weekly rate $150.00 per Units, per Weeks Negative Air Machine 2000, monthly rate $600.00 per Units, per Months Negative Air Machine - 5-6K CFM, weekly rate $175.00 per Units, per Weeks Blowers/Air Movers, daily rate $32.00 per Units, per Days Blowers/Air Movers, weekly rate $125.00 per Units, per Weeks Compressor, daily rate $32.50 per Units, per Days Compressor, weekly rate $115.00 per Units, per Weeks Backpack Vacuum, daily rate $20.00 per Units, per Days Backpack Vacuum, weekly rate $75.00 per Units, per Weeks Paint Sprayer - Airless, daily rate $30.00 per Units, per Days Paint Sprayer - Airless, weekly rate $100.00 per Units, per Weeks Hot/Steam Coil Cleaning Machine, daily rate $95.00 per Units, per Days Hot/Steam Coil Cleaning Machine, weekly rate $375.00 per Units, per Weeks Pressure Washer - Cold, daily rate $30.00 per Units, per Days Pressure Washer - Cold, weeekly rate $100.00 per Units, per Weeks 16.C.1.e pg. 96 Packet Pg. 780 High Volume/Low Pressure Coil Cleaner, daily rate $30.00 per Units, per Days High Volume/Low Pressure Coil Cleaner, weekly rate $100.00 per Units, per Weeks Viper/Mechanical Brush - Duct Cleaning, daily rate $30.00 per Units, per Days Viper/Mechanical Brush - Duct Cleaning, weekly rate $100.00 per Units, per Weeks Axial Fans w/rigid flex ducting, daily rate $35.00 per Units, per Days Axial Fans w/rigid flex ducting, weekly rate $125.00 per Units, per Weeks Tile Stripper, daily rate $75.00 per Units, per Days Tile Stripper, weekly rate $310.00 per Units, per Weeks Roto Hammer, daily rate $75.00 per Units, per Days Roto Hammer, weekly rate $310.00 per Units, per Weeks Infrared Camera, daily rate $250.00 per Units, per Days Infrared Camera, weekly rate $1,200.00 per Units, per Weeks Fogger, daily rate $40.00 per Units, per Days Fogger, weekly rate $125.00 per Units, per Weeks Negative Air Machine - 5-6K CFM, daily rate $50.00 per Units, per Days Negative Air Machine - 5-6K CFM, weekly rate $175.00 per Units, per Weeks Halosil - PURE-Decon sanitizer, daily rate $75.00 per Units, per Days Halosil - PURE-Decon sanitizer, weekly rate $375.00 per Units, per Weeks Thermal Drying System, daily rate $75.00 per Units, per Days Termal Drying System, weekly rate $450.00 per Units, per Weeks Portable Containment Cubes (daily) $150.00 per units, per days Portable Containment Cubes (weekly) $499.00 per Units, per Weeks HVAC Restoration Materials: PURE -Liner 2.0 Dran pan treatment (<20 SF) $43.86 Per SF PURE -Liner 2.0 Dran pan treatment (>20 SF) $30.60 Per SF PURE -Coat (<150 SF) $8.67 Per SF PURE -Coat (>150 SF) $6.63 Per SF PURE -Cell Insulation 1" 200 SF roll $6.63 Per SF PURE -Cell Insulation 1/2" 200 SF roll $4.08 Per SF PURE-Decon Room Sanitization Materials $0.01 Per CU 16.C.1.e pg. 97 Packet Pg. 781 16.C.1.e Other Exhibit/Attachment Description: Grant Provisions ❑M following this page (containing 9 pages) ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement #2017-002 (Ver.l ) Packet Pg. 782 16.C.1.e Collier County Solicitation pg4b� 3 1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law requires that the Applicant's contracts relating to the project include certain provisions. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract (including a purchase order). Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with any and all other relevant Federal, State, and local laws, regulations, codes and ordinances: o 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C.F.R. Part 206 o The Robert T. Stafford'Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after April 1, 2017) Reporting: The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the County, as the Federal or State granting agency may require the contractor to provide certain information, documentation, and other reporting in order to satisfy reporting requirements to the granting agency. Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the E contractor's actions pertaining to this contract. a EXHIBIT I - 1 6/27/2018 3:02 PM Packet Pg. 783 16.C.1.e Collier County Solicitation pg4b 3 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the County wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the County must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Changes: See Standard Purchase Order Terms and Conditions. Procurement of Recovered Materials (§200.322) (Over $10,000): (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-cluideline-cpq- rp ogram Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; EXHIBIT I - 2 6/27/2018 3:02 PM Packet Pg. 784 16.C.1.e Collier County Solicitation pg4b� 3 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. IV. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. EXHIBIT I - 3 6/27/2018 3:02 PM Packet Pg. 785 16.C.1.e Collier County Solicitation pg4b3 3 4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. EXHIBIT I - 4 6/27/2018 3:02 PM Packet Pg. 786 16.C.1.e Collier County Solicitation p 4b� 3 5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Clean Air Act and Federal Water Pollution Control Act: (over $150,000) (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." State Provisions Convicted Vendor and Discriminatory Vendors List Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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 a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or any state agency. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Record Retention - The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, FDEM, or its designee's access to such records upon request. EXHIBIT I - 5 6/27/2018 3:02 PM Packet Pg. 787 Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms, Conditions, and Grant Clauses 16.C.1.e Solicitation pgtb� 3 6 Certification If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Pure Air Control Services, Inc. Date 7/9/2018 Authorized Signature EXHIBIT I - 6 Q 6/27/2018 3:02 PM p. 14 Packet Pg. 788 Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION: REGARDING. DEBAREMENT, SUSPENSION, INELIGIBILITY' and VOLUNTARY,EXCLUSION Contractor Covered Transactions 16.C.1.e Solicitation t8g4b3 3 7 (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Pure Air Control Services, Inc. By: ,Sigma Alan Wozniak, President/CEO Name and Title 4911 Creekside Dr, Suite C Street Address Clearwater, FL 33760 City, State, Zip 175078799 DUNS Number 7/9/2018 Date Sub -Recipient Name: DEM Contract Number: FEMA Project Number: 6/27/2018 3:02 PM Collier County Board of County Commissioners Z0001 4337DRFLP0000001 EXHIBIT I - 7 C.). P.15 Packet Pg. 789 16.C.1.e EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT status will be verified. Unverdable statuses will require the PnIKIE to either proivde a revised statement or provide source documentation that validates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT Pure Air Control Services, Inc. 59.2385498 TBD IS THE PRRAE A FLORIDA -CERTIFIED DISAW NTAGED, Vt-rERAN Y 40 LS THE ACTNITY OF THIS COPITP,ACT.- MINORITiORV:OtJ,ENBUSI?IESSEtITERPRISE? DBE? Y ® CONSTRUCTION? Y 4=� {DBE/ttBE/WBEj OR HAVE A SMALL DISADVAIrrAGED BUSIN ESS SA CERTIFICATIO14 FROM THE S%IALL BUSINESS MBE? © N CONSULTATION? N ADMINISTRATION? ASERVICE DISABLED VETERAN ? WBE? Y <=> OTHER? Y N I SDB BA? Y 15 THIS SUBMISSION A REVISION? Y IF YES, REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPEOFWORXOR ETHNICITYCODE SUBISUPPLIER PERCEW OF CONTRACT VETERAN NAME SPECIALTY (See Below) DOLLARAMOUNT DOLLARS NIA TOTAL: C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBM R DATE TrTLE OF SUBMFTTER Alan Wozniak - '912 412 01 8 President/CE0 EMAILADD OF PRIME (SUBM ERI TELEPHONE NUMBER FAX NUMBER avrozniak@purealreontrols.corn J 727.572.4550 727.572.5859 NOTE: This intcrmation is usedto track, and reportanticipated DBE ce t.1BE participation in federally -funded contracts. The anticipated DBE or I IBE amount Is voluntary and ;will not become part of the contractual terms. This form must be submitted at time of response to a solicitation. J and vrhan awarded a County contract, the prime will be asked to update the information forthe grant compliance files. D. SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT NAME COLLIER CONTRACT it 7FBJRFP or PO/REO1 GRANT PROGRAM/CONTRACT ACCEPTED BY: DATE EFHN(CTtY CODE B!aci;American 8A Hispanic A.merican HA FtativeAmarican INA 5ubccnt.Asianamerican SAA Asian -Pacific American EXHIBIT I - II t r Packet Pg. 790 APA Ctan-t.Sincrlrr V:omen Wt.M1W Other: not of any other group listed o EXHIBIT I - II t r Packet Pg. 790 Collier County EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100;000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 16.C.1.e Solicitation R-9443 9 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S,C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any, In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Pure Air Control Services, Inc. Contractor (Firm Name) S' . nature of Co . frac is Authorized Official Alan Wozniak, President/CEO Name and Title of Contractor's Authorized Official 7/9/2018 Date EXHIBIT I - 9 6/27/2018 3:02 PM p• 17 Packet Pg. 791 I 16.C.1.f I ACCOR E CERTIFICATE OF LIABILITY INSURANCE I DATE IN 2/26/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Keith Thompson Brown & Brown Insurance - Clearwater PHONE FAx 83 Park Place Blvd., Suite 101 AIC No Ext): 727-461-6044 AIC No): 727-442-7695 Clearwater FL 33759-3925 ADDRESS: kthompson@bbpinellas.com INSURED Pure Air Control Services, Inc. Building Health Check, LLC 4911 Creekside Dr., Ste. C Clearwater FL 33760 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: American Interstate Insurance Company 31895 PUREA12 INSURER B: Arch Specialty Insurance Company 21199 INSURER C : Auto -Owners Insurance Company 18988 INSURER D : INSURER E : COVERAGES CERTIFICATE NUMBER: 1804267063 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS B X COMMERCIAL GENERAL LIABILITY Y 12EMP7201507 2/25/2019 2/25/2020 EACH OCCURRENCE $ 3,000,000 CLAIMS -MADE OCCUR DAMAGE TO PREM SES (Ea occurrenceRENTE $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 3,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 GEN'L � PRO - POLICY 1:1 LOC PRODUCTS - COMP/OP AGG $ 3,000,000 Per Wrongful Act $ 3,000,000 X OTHER: Prof. Liab. " C AUTOMOBILE LIABILITYCOMBINED Y 51-084-938-00 2/25/2019 2/25/2020 SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIREDX NON -OWNED AUTOS ONLY AUTOS ONLY $ X PIP $10,000 B X UMBRELLA LIAB X OCCUR 12EMX1158502 2/25/2019 2/25/2020 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ n $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AVWCFL2758222019 1/1/2019 1/1/2020 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE❑ N E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Contractors Pollution Liability 12EMP7201507 2/25/2019 2/25/2020 Per Event/Aggregate 3,000,000 B Professional Liability 12EMP7201507 2/25/2019 2/25/2020 Per Wrongful Act Aggregate 3,000,000 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Collier County Board of County Commissioners is additionally insured for any and all work performed on behalf of Collier County on a primary non -contributor basis with respect to General Liability if required by written contract and with respect to Auto Liability per Auto Coverage Form. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3327 Tamiami Trail E. Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE '440-- @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 792 Collier County Government Solicitation 18-7403 Indoor Air Quality Testing Corporate Headquarters, 4911 Creekside Drive, Suite C, Clearwater, FL 33760 Toll Free: 1-800-422-7873 • Email: iaq@pureaircontrols.com • PureAirControls.com INDEX Criteria No. 1 Cover Letter .................................................................................................................................................... 1 Cover Letter ......................................................................................................................................................................... 1 Criteria No. 2 Certified Minority Business Enterprise .......................................................................................................... 2 State of Florida Office of Supplier Diversity Certificate ...................................................................................................... 3 Florida State Minority Supplier Development Council Certificate ...................................................................................... 4 Criteria No. 3 Business Plan ................................................................................................................................................... 5 Sample CPM Schedule ........................................................................................................................................................ 6 Sample Mold Remediation Plan .......................................................................................................................................... 7 Sample Building Health Check Report .............................................................................................................................. 26 Criteria No. 4 Cost of Services to the County ...................................................................................................................... 92 Labor Rates Fee Schedule ................................................................................................................................................ 93 Laboratory Analysis Fee Schedule ..................................................................................................................................... 94 Field, Monitoring & Equipment Expenses Fee Schedule ................................................................................................. 96 Criteria No. 5 Experience & Capacity of the Firm ............................................................................................................... 98 Capability Statements ...................................................................................................................................................... 99 Financial Strength: June 2018 Balance Sheet ................................................................................................................. 101 Reference Questionnaires ............................................................................................................................................... 103 Criteria No. 6 Specialized Expertise of Team Members ................................................................................................... 106 Corporate Organizational Chart ..................................................................................................................................... 107 IAQ Staff resume ........................................................................................................................................................... 108 Professional Certifications ............................................................................................................................................. 115 Exhibit I: Federal Contract Provisions & Assurances ........................................................................................................ 131 Acknowledgement of Terms, Conditions & Grant Clauses ........................................................................................... 136 Certification Regarding Debarment, Suspension, Ineligibility & Voluntary Exclusion .................................................. 137 Lobbying Certification .................................................................................................................................................. 139 Prepared For: Client or Lead Name Quote #: Division-00000 Date: dd/mm/yyyy Project: VA Medical Center Corporate Headquarters, 4911 Creekside Drive, Suite C, Clearwater, FL 33760 Toll Free: 1-800-422-7873 • Email: ieq@pureaircontrols.com • PureAirControls.com Forms ................................................................................................................................................................................ 155 Form 1: Intentionally Left Blank .................................................................................................................................... 155 Form 2: Vendor Check List ............................................................................................................................................. 156 Form 3: Conflict of Interest Affidavit ............................................................................................................................. 157 Form 4: Vendor Declaration Statement .......................................................................................................................... 158 Form 5: Immigration Affidavit Certification .................................................................................................................... 160 Form 6: Vendor Substitute W-9 ...................................................................................................................................... 161 Insurance & Bonding Requirements ................................................................................................................................ 163 Certification of Insurance ............................................................................................................................................... 165 Corporate Headquarters, 4911 Creekside Drive, Suite C, Clearwater, FL 33760 Toll Free: 1-800-422-7873 • Email: iaq@pureaircontrols.com • PureAirControls.com To whom it may concern: Pure Air Control Services, Inc. (PACS) is a nationally recognized indoor air quality corporation with headquarters based in Clearwater, Florida. Since 1984, PACS has provided professional IAQ services and support to public and private organizations and government agencies, spanning the U.S. and other countries. PACS is a privately-owned company with established credentials and experience in all areas of indoor air quality (IAQ) and indoor environmental problem solving on an as-needed basis. Pure Air Control Services is certified by the State of Florida and FL State Minority Supplier Development Council as a qualified Minority Business Enterprise. Pure Air Control Services, Inc. offers a full range of professional solutions to indoor air quality concerns. We provide turn-key solutions through environmental consulting and engineering, building diagnostics, laboratory services as well as building HVAC system remediation services. Sincerely, _____________________________ Alan Wozniak, President/CEO Pure Air Control Services, Inc. Corporate Headquarters: Naples Area Office: Pure Air Control Services, Inc. Pure Air Control Services, Inc. 4911 Creekside Dr. Suite C, 27499 Riverview Ctr Blvd. Ste 219 Clearwater, FL 33760 Bonita Springs, FL 34134 PHONE: 727-572-4550 PHONE: 239-444-1770 TOLL FREE: 800-422-7873 KEY CONTACTS: Alan Wozniak, President/CEO: ext. 802 awozniak@pureaircontrols.com Cynthia Bailey, Operations Manager: ext. 602 cbailey@pureaircontrols.com Camille Wozniak, Executive Sales Asst.: ext. 700 cpedraza@pureaircontrols.com pg.1 Criteria No. 2 – Certified Minority Business Enterprise Corporate Headquarters, 4911 Creekside Drive, Suite C, Clearwater, FL 33760 Toll Free: 1-800-422-7873 • Email: iaq@pureaircontrols.com • PureAirControls.com CERTIFIED MINORITY BUSINESS ENTERPRISE Pure Air Control Services, Inc. (PACS) is a Minority Business Enterprise (MBE), with a proven track record of success. Our MBE certification is via the National Minority Supplier Development Council (NMSDC) as well as State of Florida, Department of Management, Office of Supplier Diversity. Through the National Minority Supplier Development Council (NMSDC) PACS participates in educational and networking opportunities across the United States. We are pleased that Collier County Government looking to build relationships with certified minority owned businesses; that gives our team a unique privilege we value and cherish. pg.2 Minority Business Certification Pure Air Control Services, Inc. 10/26/2017 10/26/2019 pg.3 pg.4 Criteria No. 3 – Business Plan Corporate Headquarters, 4911 Creekside Drive, Suite C, Clearwater, FL 33760 Toll Free: 1-800-422-7873 • Email: iaq@pureaircontrols.com • PureAirControls.com BUSINESS PLAN Building owners, managers, and other professionals are responsible for providing a healthy and safe workplace or learning environments for patrons they serve. Pure Air Control Services understands that you require timely information, attention to detail, and team members who treat your building like their own, resolving potentially costly IAQ situations inexpensively and effectively. Building Sciences, a division of Pure Air Control Services, is committed to resolving your IAQ concerns. Each Indoor Air Quality Investigation is tailored to the building envelope affected. Building owners and managers are provided the highest quality services and customer support while at the same time giving due consideration to project budgets, schedules, and remediation program requirements (if required). The goal of our Quality Assurance Plan (QAP) is to ensure that project management is maintained, production and quality are in compliance with contract requirements and deficiencies are identified and corrected in a timely manner. The Building Sciences team is a highly specialized group, which will provide the following (but not limited to): Indoor Air Quality Evaluations on – Infrared Assessments Testing Quality Control Understanding the goals and expectations of our clients and maintaining an open line of communication with the client, is the key to successful project. Field activities conform to American Conference of Industrial Hygienists (ACGIH) approved sampling methodology and can be made available as written procedures that include quality control procedures. Project personnel possess the appropriate qualifications and training, and are familiar with the protocols that ensure the proper execution of all projects. A report is provided outlining test methods, general discussion of environmental testing parameters, an environmental summary including identification and concentration of contaminants, conclusions, recommendations, photographs, and a glossary. Please find attached a sample of a recent Mold Remediation Plan with a detailed timeline and a Pre -Remediation Baseline Report. pg.5 Item Days Notes 6/18 6/19 6/20 6/21 6/22 ##6/25 6/26 6/27 6/28 6/29 ##7/2 7/3 7/4 7/5 7/6 ##7/9 7/10 7/11 7/12 7/13 ##7/16 7/17 7/18 7/19 7/20 ##7/23 7/24 7/25 7/26 Client RFP Received & SOW Executed 1 Preliminary discussion of complaint locations/items of concern and execution of Scope of Work (SOW). Contract Awarded to Diagnostic Contractor and Remediation Contractor 3 Baseline Assessment Scheduling 1 Diagnostic contractor to review work order details with client (and other essential parties) and coordinate best days/times for work. Baseline Assessment Conducted 1 Diagnostic contractor calls client upon arrival, then conducts briefing and walkthrough. Inspection of pre-designated complaint Submit Baseline Samples to Lab, Prepare Report 1 Lab Analysis of Baseline Samples 5 Receive Baseline Sampling Results and Finalize Report 2 Contact client for preliminary review of results. Send Baseline Report to Remediation Contractor and Client 1 Review report recommendations, photographs of specific areas and details regarding access, and diagram. Remediation Proposal Sent by Rx Contractor to Client 2 Remediation contractor to review work order details with client (and other essential parties) and coordinate best days/times for work. Remediation of Designated Locations 4 Post Remediation Clearance Assessment Scheduling 1 Review work order details with client and coordinate best days/times for work (after remediation completed). Post Remediation Clearance Assessment Conducted 1 Building Scientist calls client upon arrival, briefing and walkthrough. Inspection of remedial areas for visual clearance; microbial Submit Post Remediation Assessment Samples to Lab, Prepare Report 1 Lab Analysis of Post Remediation Processing and Assessment Samples 5 Receive Post Remediation Assessment Results and Finalize Report 2 Contact client for preliminary review of post remediation assessment results. Send Post Remediation Clearance Report to Client 1 Building ABC Project # 8888-88888 pg.6 © 2013 Pure Air Control Services, Inc. MOLD REMEDIATION PLAN Submitted to: Client Company Client Street Address City, ST 12345 Project: Project Name Project Street Address City, ST 12345 Submitted by: Pure Air Control Services, Inc. 4911 Creekside Drive, Suite C Clearw ater, FL 33760 1800-422-7873 / Fax: 727-572-5859 pg.7 © 2013 Pure Air Control Services, Inc. PROJECT : PROJECT NAME SUMMARY PROT OCOLS FOR REM OVAL OF M ICROBIAL CONT AM INATED BUILDING DRYWALL I. GENERAL INFORM AT ION: 1.01 These specifications are Pure Air Control Services, Inc. (PACS) rigorous perform ance standards and evaluation criteria for the rem oval of contam inated building drywall and/or drywall coverings. The purpose of the specifications is to define the criteria necessary to render the affected areas free of contam inants and to verify such through inspection (and/or testing) as deem ed appropriate. 1.02 W ork required shall consist of providing all labor, equipm ent, m aterials and supervision necessary to perform the techniques specifically required for the location, rem oval and verification of rem oval of contam inated drywall and/or drywall coverings. Example: Rem ove all contam inated drywall in stairwell east wing of building. 1.03 Tim e perm itting and prior to bidding, PACS will m easure and assess the condition of the affected areas. 1.04 PACS is regularly engaged in the environm ental business with em phasis on HVAC decontam ination, duct rem ediation and m old rem ediation. 1.05 If required, PACS can provide com plete subm ittal packages with bids. PACS will subm it the subm ittal pack age to the General Contractor, Owner or Owner’s Project Representative. At m inim um , the subm ittal pack age will include: a. OSHA Hazard Communications Program 1910.1200 and 1926.59 b. OSHA Confined Space Program 1910.146 c. OSHA Respiratory Protection Program 1910.134 d. Training History of PACS’ Em ployees e. Medical Surveillance Program s f. MSDS docum entation for all products to be used g. List of all equipm ent and products to be used to com plete the Scope of W ork h. Insurance certificates and state licensing certifications i. W ritten Fall Protection Plan, as applicable j. List of personnel who will supervise and perform the work (with social security num bers, if required) k. statem ent from a licensed physician that each em ployee has been found m edically qualified within the past twelve m onths to wear the respirator(s) that will be used on the job l. Evidence of respirator training and fit testing as required in 29 CFR 1910.134 m. Evidence that all of PACS workers have been trained in these additional item s:  Hazard communication  OSHA lock out/tagout procedures,  OSHA Fall Protection Standards. pg.8 © 2013 Pure Air Control Services, Inc. n. Copy of PACS QA/QC Program (site specific if required) o. Copy of PACS Corporate Health and Safety Program (site specific if required) p. Prior to starting work , PACS will provide to the Client a Certificate of Insurance. Insurance coverage shall rem ain in effect for the duration of the project. 1.06 Quality Assurance a. All m old rem ediation procedures shall be perform ed by PACS personnel having specialized knowledge and expertise in the m ethods required for the rem oval and disposal of agents potentially deleterious to hum an health and visible surface contam inants; and bulk m aterials which have been contam inated by such agents. b. PACS has established training program s and com plies with Occupational Safety and Health Adm inistration (OSHA) standards. These include, but are not lim ited to:  Personal Protection Equipm ent Program 1910.132  Respiratory Protection Program 1910.134  Confined Space Program 1910.146  Hazard Communication Program s 1910.1200 and 1926.59. c. PACS will m aintain subm ittal pack age at the project site and/or Corporate Office at all tim es, as well as com ply with all other site docum entation requirem ents of the OSHA program s and this specification. II. PAST EXPERIENCE PACS has been perform ing environm ental commercial and residential HVAC m echanical decontamination/restoration and m old rem ediation since 1984. PACS has experience in cleaning air handler system s of all sizes and com plexity. 2.01 Work Schedule a. No work shall be com pleted while HVAC m echanical system s while are active, or while the space being served by them is occupied or "inhabited." All work shall be com pleted during hours as defined by the Client. PACS ack nowledges that that a portion of the work m ay be perform ed in an occupied setting (e.g., Owner em ployees and/or guests). Safety for these people and a m inim al am ount of disruption in services are the forem ost im portant considerations in the perform ance of the project. PACS will be constantly vigilant for potential slip/trip and fall hazards that m ay be created by the work , and shall tak e appropriate actions to ensure that potential safety and health hazards to em ployees, visitors and guests. b. PACS will subm it a rem ediation schedule to the Owner/Client for coordination with facility m anagem ent or other appropriate personnel. c. PACS will provide daily progress reports as required. Any situation which requires immediate attention shall be personally discussed by PACS supervisory personnel with the Client’s designated representative d. The Client should not schedule conflicting m aintenance of an area, during a shutdown period, unless it is properly coordinated with PACS; to not interrupt the work , or be a safety hazard for personnel of either the Client or PACS. pg.9 © 2013 Pure Air Control Services, Inc. 2.02 Worker's Compensation a. PACS will be solely and fully responsible for ensuring that all em ployees and those used by a subcontractor (if perm itted) that m ay in any way be related to a project are covered under W ork er's Com pensation. b. PACS will ensure that each work site is m aintained in a safe and clean m anner, and that no debris is allowed to rem ain at the work site upon com pletion of each work area or at the end of a work shift. All debris generated from the work shall be disposed of in accordance with all applicable federal, state, and local requirem ents. Any staging or work site m eeting area (inside or outside the building) shall be k ept clean of debris and cigarette butts. PACS personnel are not allowed to sm ok e anywhere inside buildings. c. PACS em ployees will not discuss with Clients staff, visitors or guests any aspects, findings, or procedures involved with the project. If PACS receives any inquiries, those people shall be courteously directed to the Client’s designated representative. d. No subcontractors will be used on the project without prior written approval from the Client. 2.03 Health and Safety a. PACS ensures that all em ployees have been trained in the hazards associated with the m icrobial and chem ical exposures that m ay occur on the project, and provides appropriate personal protection and work procedures to m inim ize these exposures to em ployees and other building occupants. b. Prior to initiating any work in a new area and at the beginning of each work shift, PACS site supervisor will conduct an on-site safety inspection of each work area to ensure that appropriate lockout/tagout procedures have been im plem ented, the work area is free of hazardous situations, and the workers are properly equipped with appropriate safety equipm ent. III. GENERAL PREPARATION 3.01 PACS shall post signs m eeting the specifications of OSHA General Industry Safety Order Section and any other federal, state and local governm ental agencies at any location and approaches to a location where m icrobial contam ination m ay exist as applicable. Signs shall be posted at a distance sufficiently far enough away from the work area to perm it an em ployee to read the sign and tak e the necessary protective m easures to avoid exposure. Additional signs m ay be required following construction of work place enclosure barriers. Color coding of work area designations m ay be appropriate. 3.02 Shut down and lock out all cooling and air conditioning system s (HVAC) com ponents during HVAC decontam ination which supply, or pass through the work area. The air conditioning system will not be operated during the rem ediation process without an approved m eans to protect equipm ent and occupants. Localized and m anaged containm ent utilizing HEPA filtration is an approved option. 3.03 The Owner or General Contractor (GC) will inspect the containm ent work area extensively prior to dr ywall rem oval and subsequent wall or accessory replacem ent. 3.04 Building containm ent shall be provided at all locations where construction efforts are being perform ed. pg.10 © 2013 Pure Air Control Services, Inc. 3.05 Entr y to and exit from all containm ent areas shall be through curtained doorways consisting of overlapping polyethylene sheets. Sheets shall have weights attached to the bottom to insure that they hang straight and m aintain a seal over the doorway when not in use. Doorway designs and providing equivalent protection and m ay be utilized, upon prior approval Owner or GC. 3.06 W hen necessary, PACS shall insure that electric power has been term inated to the entire work area and that power is available only at the m echanical room s on each floor. PACS will verify that equipm ent is in com pliance with all applicable electrical code requirem ents and OSHA requirem ents for tem porary electrical system s. IV. COMMENCEM ENT OF WORK 4.01 PACS shall not commence with rem edial activity until the Owner or GC’s representative has seen and approved of the following item s: 4.02 Enclosure s ystem s have been constructed and tested. 4.03 Negative pressure ventilation s ystem s are functioning adequately. 4.04 All equipm ent for rem ediation, clean up and disposal are on hand. 4.05 Decontam ination unit is in place and fully functional. 4.06 All work er training (and certification) is com pleted. 4.07 PACS receives written perm ission from building owner’s representative or GC commence rem ediation V. REM EDIAL PROCEDURE The scope of work includes rem oval/dem olition of drywall covering, building drywall contam inated and subsequent HEPA-filter vacuum ing all interior building surfaces, biocidal treatm ent of all rem aining building dr ywall surfaces as directed. Containm ent Rem oval of microbiologically contam inated building drywall: 5.01 During rem oval/dem olition of building drywall do not allow an accum ulation of equipm ent or debris on the floor of the work area. As the m aterials are rem oved, sim ultaneously pack into disposal bags, approved containers, or dispose of into waste receptacles. 5.02 Minim ize dust released during rem oval and dem olition activities. 5.03 Protective Barriers - Maintain the integrity of all polyethylene barriers during rem oval activities. Clean behind and repair or replace barriers which have becom e dam aged by traffic or equipm ent. VI. WAST E CONT AINER PASS OUT PROCEDURES 6.01 Building waste shall be transported on at least a daily basis, out of the work area through the containm ent area. 6.02 W aste pass-out procedures shall utilize two team s of workers: an “inside team ” and an “outside team ”. 6.03 The inside team shall wear protective clothing and respirators as previously specified. pg.11 © 2013 Pure Air ol Services, Inc. 6.04 They shall place m aterials through the containm ent area. The outside team shall wear protective clothing and gloves and insure all debris resides in the waste receptacles. The outside team shall be responsible to ensure no debris m isses or is placed outside the receptacle. 6.05 The exit from this containm ent area shall be secured to prevent unauthorized entry. 6.06 All m icrobiological waste shall be disposed of in approved polyethylene bags or other approved containers. Care m ust be tak en to prevent contam ination by removal of contam inated m aterials, i.e., double-bag. 6.07 All waste shall be stored in the work area until passed out, but all waste m ust be rem oved on a daily basis. VII. HEPA VACUUM ING 7.01 HEPA vacuum ing will occur during the rem oval and dem olition portion of drywall and prior to biocide application of the affected drywall surface. 7.02 Conduct a first cleaning of all surfaces within the work area using wet wiping and HEPA vacuum ing techniques following the rem oval of all porous surfaces to be rem ediated. 7.03 PACS will be responsible for conducting HEPA vacuum ing on walls where contam inant m aterials are located. After m aterials area replaced, all floors, ceiling, windows, and interior building surfaces within the room will be HEPA vacuum ed. 7.04 Materials previously held in storage m ust be exam ined for visible m old by PACS prior to placem ent in cleaned area. 7.05 Once all surfaces have been cleaned to the satisfaction of the Owner or GC, PACS shall conduct a prelim inary visual inspection of the work area. Once all surfaces have been cleaned to specifications and the Owner or GC and PACS has signed off as such, PACS shall apply biocide to the previously affected work area. VIII. BIOCIDE APPLICAT ION PROCEDURE 8.01 Following com pletion of HEPA vacuum ing procedures and rem oval of drywall, biocide application will occur. 8.02 The biocide will be applied utilizing a wipe technique or an airless non atom izing dispenser, as applicable. 8.03 Application of the biocide shall be thorough such that all building com ponents selected by the Owner or GC are fully contacted by the m aterial. Concentration, application and contact tim e shall be as set forth by the m anufacturer’s specification. The Owner or GC shall approve the application, room by room , only at the tim e of application. IX. ST ANDARD M ONIT ORING 9.01 Owner reserves the right to perform air, bulk and allergen sam pling for m icrobial contam ination at any tim e of the drywall replacem ent and drywall decontam ination process. 9.02 Owner (or designee) shall m easure the effectiveness of containm ent process to protect adjacent, non-contam inated areas. 9.03 Owner shall be authorized to issue a STOP W ORK order whenever PACS’ work or protective m easures are not in the owner’s best interest. pg.12 © 2013 Pure Air Control Services, Inc. Clearance M onitoring - (if applicable) 9.04 After successfully passing a visual inspection, the Owner or GC shall collect clearance sam ples as required. 9.05 Clearance sam ples are for the Owner or GC’s use. PACS will be released from responsibility for work by Owner or GC based upon the final visual inspection. 9.06 PACS will m aintain the decontam ination system and negative air system s in place until analytical results are available. 9.07 The rem ediation action shall be considered com plete when the results of all the clearance sam ples are satisfactory to the Owner and/or GC. 9.08 After results of clearance m onitoring have been confirm ed through the final testing specified herein, or by approval of the Owner or GC, all rem aining articles in the work areas will be disposed of as waste and/or cleaned and rem oved as non-contam inated. A final check will be carried out by the Owner or GC to ensure that no dust or debris rem ain on surfaces as the result of the construction operations. 9.09 If final clearance is not achieved, PACS shall repeat, under separate contract, additional cleaning, rem oval, or biocide applications as directed by the Owner or GC. Such work will be conducted under the term s of this specification. X. M OLD REM EDIATION PROCEDURES BY LEVEL: Different levels of containment are necessary depending on the extent of the contam ination problem . In all situations, the underlying cause of water accum ulation m ust be rectified or the problem will recur. There m ust be a m echanism in place for ensuring an immediate response to these problem s. Clean up should be conducted when the affected area is unoccupied. In all rem ediation, a routine follow-up inspection at 6-12 m onths or sooner if visible m old contam ination or water dam age recurs should be conducted. Em phasis should be on ensuring proper repair of the building infrastructure, so that water dam age and m oisture buildup does not recur. Four different levels of abatem ent, as described below, are identified, based on the extent of m old contam ination. Level I: Small Isolated Areas (10 SF or less) a. Rem ediation can be conducted by regular building m aintenance staff, if they have received training on the proper clean-up m ethods, personal protection and potential health hazards of indoor m old. This training can be perform ed as part of a program to com ply with the requirem ents of the OSHA Hazard Communication Standard (29 CFR b. 1910.1200). c. Respirator y protection (e.g., N95 disposable respirator), in accordance with the OSHA Respirator y Protection Standard (29 CFR 1910.134), is suggested. Gloves and eye protection should be worn in accordance with OSHA Personal Protection Equipm ent Standards (29 CFR 1910.133 and 1910.138). d. The rem ediation area should be unoccupied. Vacating people from spaces adjacent to the work area is not necessary but, is recommended in the presence of infants, persons recovering from recent surgery, immune suppressed individuals or individuals with chronic inflammatory lung diseases such as, asthm a, hypersensitivity pneum onitis and severe allergies. Containm ent of the rem ediation area is not necessary. Dust suppression m ethods, such as m isting (not soak ing) surfaces prior to rem ediation, are suggested. Contam inated m aterials that cannot be cleaned should be rem oved from the building in a pg.13 © 2013 Pure Air Control Services, Inc. double sealed plastic bag. There are no special requirem ents for the disposal of m oldy m aterials. e. The rem ediation area and adjacent areas used by rem edial workers for egress should be cleaned with a dam p cloth and/or m op and a detergent solution. f. Areas should be left dry and visibly free from contam ination and debris. Level II: M id-Sized Isolated Areas (10 - 30 SF) a. Rem ediation can be conducted by regular building m aintenance staff, if they have received training on the proper clean-up m ethods, personal protection and potential health hazards of indoor m old. This training can be perform ed as part of a program to com ply with the requirem ents of the OSHA Hazard Communication Standard (29 CFR b. 1910.1200). c. Respirator y protection (e.g., N95 disposable respirator), in accordance with the OSHA Respirator y Protection Standard (29 CFR 1910.134), is suggested. Gloves and eye protection should be worn in accordance with OSHA Personal Protection Equipm ent Standard (29 CFR 1910.133 and 1910.138). d. The rem ediation area should be unoccupied. Vacating people from spaces adjacent to the work area is not necessary but is recommended in the presence of infants, persons having undergone recent surgery, immune suppressed individuals, or people with chronic inflammatory lung diseases such as, asthm a, hypersensitivity pneum onitis and severe allergies. e. The rem ediation area should be covered with a plastic sheet and sealed with tape before rem ediation, to contain dust/debris. f. Dust suppression m ethods, such as m isting (not soak ing) surfaces prior to rem ediation, are suggested. g. Contam inated m aterials that cannot be cleaned should be rem oved from the building in double sealed plastic bags. There are no special requirem ents for the disposal of m oldy m aterials. h. The rem ediation area and areas used by rem edial workers for egress should be HEPA vacuum ed (a vacuum equipped with a High-Efficiency Particulate Air filter) and cleaned with a dam p cloth and/or m op and a detergent solution. Level III: Large Isolated Areas (30 - 100 SF) a. A health and safety professional with experience perform ing m icrobial investigations should be consulted prior to rem ediation activities to provide oversight for the project. b. The following procedures at a m inim um are suggested: c. Personnel trained in the handling of hazardous m aterials and equipped with respiratory protection, (e.g., N95 disposable respirator), in accordance with the OSHA Respiratory Protection Standard (29 CFR 1910.134), is suggested. d. Gloves and eye protection should be worn in accordance with OSHA Personal Protection e. Equipm ent Standards (29 CFR 1910.133 and 1910.138). f. d. T he rem ediation area and areas directly adjacent should be covered with plastic sheets and sealed with tape before rem ediation, to contain dust/debris. pg.14 © 2013 Pure Air Control Services, Inc. g. Seal ventilation ducts/grills in the work area and areas directly adjacent with plastic sheeting. h. The rem ediation area and areas directly adjacent should be unoccupied. Further vacating of people from spaces near the work area is suggested in the presence of infants, persons having undergone recent surgery, immune suppressed individuals, or people with chronic inflammatory lung diseases (e.g., asthm a, hypersensitivity pneum onitis and severe allergies.) i. Dust suppression m ethods, such as m isting (not soak ing) surfaces prior to rem ediation, are suggested. j. Contam inated m aterials that cannot be cleaned should be rem oved from the building in doubled sealed plastic bags. There are no special requirem ents for the disposal of m oldy m aterials. k. The rem ediation area and surrounding areas should be HEPA vacuum ed and cleaned with a dam p cloth and/or m op and a detergent solution. l. Areas should be left dry and visibly free from contam ination and debris. m. If abatem ent procedures are expected to generate dust (e.g., abrasive cleaning of contam inated surfaces, dem olition of plaster walls) or the visible concentration of the m old is heavy (blank et coverage as opposed to patchy), then it is suggested that the rem ediation procedures for Level IV be followed. Level IV: Extensive Contamination (> 100 SF) a. A health and saf ety prof essional with experience perform ing m icrobial investigations should be consulted prior to rem ediation activities to provide oversight for the project. The following procedures are recommended: b. Personnel trained in the handling of hazardous m aterials equipped with: 1. Full-face respirators with high efficiency particulate air (HEPA) cartridges, 2. Disposable protective clothing covering both head and shoes, and 3. Gloves, Goggles c. Containm ent of the affected area: 1. Com plete isolation of work area from occupied spaces using plastic sheeting sealed with duct tape (including ventilation ducts/grills, fixtures, and any other openings); 2. The use of an exhaust fan with a HEPA filter to generate negative pressurization; 3. and 4. Airlock s and decontam ination cham ber. d. Vacating people from spaces adjacent to the work area is not necessary but is suggested in the presence of infants, persons having undergone recent surgery, immune suppressed individuals, or people with chronic inflammatory lung diseases such as, asthm a, hypersensitivity pneum onitis and severe allergies. e. Contam inated m aterials that cannot be cleaned should be rem oved from the building in sealed double sealed plastic bags. The outside of the bags should be cleaned with a dam p cloth and a detergent solution or HEPA vacuum ed in the decontam ination cham ber prior to their transport to uncontam inated areas of the building. There are no special requirem ents for the disposal of m oldy materials. pg.15 © 2013 Pure Air Control Services, Inc. f. The contained area and decontam ination cham ber should be HEPA vacuum ed and cleaned with a dam p cloth and/or m op with a detergent solution and be visibly clean prior to the rem oval of isolation barriers. g. Air m onitoring should be conducted prior to occupancy to determ ine if the area is safe to reoccupy. Level V: Remediation of HVAC Systems (w hen applicable) A Small Isolated Area of Contamination (<10 square feet) in the HVAC System a. Rem ediation can be conducted by regular building m aintenance staff. Such persons should receive training on proper clean up m ethods, personal protection, and potential health hazards. This training can be perform ed as part of a program to com ply with the requirem ents of the OSHA Hazard Communication Standard (29 CFR 1910.1200). b. Respirator y protection (e.g., N95 disposable respirator), in accordance with the OSHA respirator y protection standard (29 CFR 1910.134), is recomm ended. Gloves and eye protection should be worn. c. The HVAC system should be shut down prior to any rem edial activities. d. The work area should be covered with a plastic sheet(s) and sealed with tape before rem ediation, to contain dust/debris. e. Dust suppression m ethods, such as m isting (not soak ing) surfaces prior to rem ediation, are recommended. f. Growth supporting m aterials that are contam inated, such as the paper on the insulation of interior lined ducts and filters, should be rem oved. Other contam inated m aterials that cannot be cleaned should be rem oved in sealed plastic bags. There are no special requirem ents for the disposal of m oldy m aterials. g. The work area and areas immediately surrounding the work area should be HEPA vacuum ed and cleaned with a dam p cloth and/or m op and a detergent solution. h. All areas should be left dry and visibly free from contam ination and debris. i. A variety of biocides are recommended by HVAC m anufacturers for use with HVAC com ponents, such as, cooling coils and condensation pans. HVAC m anufacturers should be consulted for the products they recommend for use in their system s. Areas of Contamination (>10 square feet) in the HVAC System A health and safety professional with experience perform ing m icrobial investigations should be consulted prior to rem ediation activities to provide oversight for rem ediation projects involving m ore than a sm all isolated area in an HVAC s ystem . The following procedures are recommended: a. Personnel trained in the handling of hazardous m aterials equipped with: 1. Respirator y protection (e.g., N95 disposable respirator), in accordance with the OSHA respirator y protection standard (29 CFR 1910.134), is recommended. 2. Gloves and eye protection 3. Full-face respirators with HEPA cartridges and disposable protective clothing covering both head and shoes should be worn if contam ination is greater than 30 square feet. b. The HVAC system should be shut down prior to any rem edial activities. pg.16 © 2013 Pure Air Control Services, Inc. c. Containm ent of the affected area: 1. Com plete isolation of work area from the other areas of the HVAC system using plastic sheeting sealed with duct tape. 2. The use of an exhaust fan with a HEPA filter to generate negative pressurization. 3. Airlock s and decontam ination room if contam ination is greater than 30 square feet. d. Growth supporting m aterials that are contam inated, such as the paper on the insulation of interior lined ducts and filters, should be rem oved. Other contam inated m aterials that cannot be cleaned should be rem oved in sealed plastic bags. W hen a decontam ination cham ber is present, the outside of the bags should be cleaned with a dam p cloth and a detergent solution or HEPA vacuum ed prior to their transport to uncontam inated areas of the building. There are no special requirem ents for the disposal of m oldy m aterials. e. The contained area and decontam ination room should be HEPA vacuum ed and cleaned with a dam p cloth and/or m op and a detergent solution prior to the rem oval of isolation barriers. f. All areas should be left dry and visibly free from contam ination and debris. g. Air m onitoring should be conducted prior to re-occupancy with the HVAC system in operation to determ ine if the area(s) served by the system are fit to reoccupy. h. A variety of biocides are recommended by HVAC m anufacturers for use with HVAC com ponents, such as, cooling coils and condensation pans. HVAC m anufacturers should be consulted for the products they recommend for use in their system s. XI. FINAL INSPECTION AND CLEARANCE 11.01 As soon as practical after the com pletion of drywall replacem ent, the work area will be exam ined thoroughly by the owner’s representative. PACS will be notified when the exam ination is to be m ade so that he or his representative m ay be present. W hen the work is found to be satisfactory, it will be accepted and such final acceptance will not be reopened after having once been m ade, except on evidence of collusion, fraud, or obvious error. 11.02 If the inspection reveals any defects in the work as defined by the specifications, such defects shall be repaired or unsatisfactory work be replaced as the Owner or General Contractor (GC) m ay direct before final acceptance. 11.03 Evaluation of the area for final clearance shall include a m easurem ent of ventilation (CO2), com fort (T em perature and Relative Hum idity), m icrobial contam ination (airborne, bacteria and fungi) and airborne respirable sized particle levels. XII. PROJECT DOCUM ENT AT ION 12.01 PACS will provide Owner/Client with a Project Completion Report including, but not lim ited to: Rem ediation Progress Report summary, a com pilation of daily progress reports of work perform ed, all correspondence during rem ediation, Digital Im aging, particulate reading, clearance results, etc. Provide Owner/Client with com pliance records of the above m entioned after the com pletion of Project. 12.02 QA/QC analysis is to be provided to the Owner/Client for verification of all rem ediation/decontam ination for all porous and nonporous m aterials. pg.17 l-----, t I i •.••• --.. ,----- "'- -----·-~ =: ------------- 01004 L~ 01038 103.54 SqFt __,) 196.12 SqFt TTO . TTO 1525 1525 AFL03651 AFL03651 01022 589.42 SqFt TTO 1525 AFL03651 I L l ·1005 38 SqFt TTO 1016 L04531 ------· BLDG REMOVE 10' IN LENGTHREMOVE 2' FROM THE FLOORREMOVE 2' FROM THE FLOORREMOVE 10' IN LENGTHLOCATION: ROOM #113REMOVE WALLPAPERREMOVE DRYWALLINDEX:SCOPE: Remove 20' linear feet of drywall, 2' from the finished floor40' totalpg.18 .>: 01~57 / ~~ 66.~ D~qFt f I c» [-'°" 42 -- rn 4533 - . rr_ ...... ~-· - - - -····-····- 011: 149.69 JC< 104 AFL04 01145 153.60 SqFt TTO 1flA1 01143 52.50 SgFt Jci~ Bt'f415r 01\~\- 102.59 SqQ TTO - 1005 AFL04529 01142 128.77 SqFt FDS I ~1 1005 AFL045291 -RR - .J ~ -- '-;c.o.~· -, ·1 I --- - 01139 667.45 SqFt JHR 1005 AFL04529 I ! .------------- ~-flr l_~I '-L r r-1 -- 01151 149.84 SqFt JCC 1042 AFL04533 Jl~-=-=1]1urr-~~~~::::====:-::========::;;;;;=;~~~::::::::::::::::~::=:::=: ~- ~128 139 25 SqFt.- '~~~Jl rQ14l~ 40.60SqFt) PTL -'1005 A~L04529 ...__fil===--=-l-11 ·- J REMOVE BOTH SIDES OF DRYWAL FROMFLOOR TO CEILING AND ALL WALL PAPERIN ROOMS #141, HALLWAY AND KITCHENREMOVE DRYWALLREMOVE WALLPAPERPROJECT NAME:INDEX:300' totaldrywall from floor to ceilingSCOPE: Remove 24' linear feet ofLOCATION: ROOM #140LOCATION: ROOM #141SCOPE: Remove 4' linear feet ofdrywall from floor to ceiling. 50' total.20' linear feet of wall covering, floorto ceiling. 160' total.pg.19 I I i I ,JJJ .... ,,-· 02002 39.75 SqFI JCC 1041 AFL04532 T--·---·\~I J l I 02001 .__, I 13985SqFt -u J l '~~1,, r I I -1 'l ~~---- 02012 ·-- 38.98 SqFI JCC 1041 AFL04532 r-1 02122 155.60 SqFI I ;g4~ AFL04532 02110 425.81 SqFI JCC 1041 AFL04532 -~041 AF!l.Q4 32 - - - - .~ 02001 1- 95.03 SqFI JCC 1041 AFL04532 !fc2o7B ) llj \ ,! ~ l I n ~ II I I I -1 ~) I r~ ' ' I' ,_I I J I ' 02b22) \ l10.91 SqFt , J~C .. ..., f1 AFL~ \cl~ 0201J~ 477.13 SqFI JCC 1041 AFL04532 'II 11 I I U _J Lt I I I I I ll r I II .rr: I l ., J1 ·{ -· T I l l -i-···~ }1 j rf' ' ' -----... 02120~ 1 \.j 02123 02009 190.47 SqFI 53.25 SqFI . c ) 522.69 SqFI JCC FDS , JCCI 1041 1041 "- 10411 J AFL04532 AFL04532 -1 AFL045r2 l [!.ii ·- i I m' -@ I o~·--. I .s:r~q~· n .: 1-l '·-041'') t m~~, I _f I \ [:.) - - L . REMOVE BOOKSHELF AND MINIMUM OF 4' OF DRYWALL FROM THE FLOORPROJECT NAME:INDEX:REMOVE DRYWALLREMOVE WALLPAPERROOM LOCATION: 207BSCOPE: Remove 25' linear feet of drywall100' total4' from finished floorpg.20 \''-o'' ~,\ .. I - - I ~ 03065 ) 146.55 SqFt 03044 __./ TTO 201.04 SqFt 03063 7056 I TTO 246.81 SqFt AFL04791 7056 TTO AFL04791 7056 AFL04791 .~- ~ ~ - - In\ I - 03047 ~ 147.91 SqFt ) TTO 7056 - AFL04791 <.. .. I -: I !} I~\ l ,_ n - N ScUl\e.. -3] 1~ -- n ..::;::.. -- \ REMOVE HEIGHT OF 8', BOTH SIDES OF DRYWALL. RETAIN INTERIOR SHEET OF DRYWALL AND STEEL MESH.REMOVE HEIGHT OF 2'OF DRYWALLPROJECT NAME:INDEX:REMOVE DRYWALLREMOVE WALLPAPERLOCATION: ROOM 320SCOPE: Remove 32' linear feet of drywall2' from the finished floor, 64' total.Remove 13' of linear drywall, 8' finished floor.104' totalpg.21 03007 32 71 SqFI rro 1525 1- \ 33~l 030164 37911 SqFI TTO 1525 03052 174·\SScf'l rro :=) ns.~-L 03069 153 es sqFt rro 1!)25 2 I SL\{{ IL REMOVE ENTIRE PERIMETER WALLINDEX:REMOVE DRYWALLREMOVE WALLPAPERLOCATION: ROOM 324SCOPE: Remove 150' linear feet of drywall from floor to ceiling. 1,200' total.pg.22 03056 149.16 SqFt TTO VCNT 03058 144.35 SqFt TTO VCNT 03057 151.67 SqFt TTO VCNT 03059 147.89 SqFt TTO VCNT 03064 136.94 SqFt TTO VCNT 03060 147.91 SqFt TTO VCNT REMOVE 2' IN HEIGHTREMOVE ENTIRE WALL BOTH SIDESREMOVE 4' IN HEIGHTINDEX:REMOVE DRYWALLREMOVE WALLPAPERLOCATION: ROOM 330SCOPE: Remove 18' linear feet of drywallfrom floor to ceiling. 144' total.Remove 20' linear feet of drywall, 2' from finished floor. 40' total. Remove 10' linear feet of drywall, 4' from finished floor. 40' total. pg.23 -~- --, l-- 199 AF - -- =-?_'j [ t=-=- c r=_ c= =:i l co ~ I __ / #fo2) 04029 761.25 SqFt TTO 1631 AFL03636 AF 39€ 04030 159.65 SqFt TTO 1631 AFL03636 04031 136.40 SqFt no 1631 AFL03636 REMOVE 2' IN HEIGHTINDEX:REMOVE DRYWALLREMOVE WALLPAPERLOCATION: ROOM 408SCOPE: Remove 15' linear feet ofdrywall. 2' from finished floor. 30' total. pg.24 Room 203D Courtroom Bench Ju r y Area Moisture infiltration corn er need s scrap in g and new paint PROJECT NAME: INDEX: REMOVE DRYWALL REMOVE WALLPAPER LOCATION: ROOM 203D Floor to ceiling. 36' total. SCOPE: Remove 3' linear feet of paint. pg.25 Building Health Check is a Division of Pure Air Control Services, Inc. Pre-Remediation Baseline Report Prepared for Date of Study:July 11 - 12, 2013 Date of Report:July 17, 2013 Prepared By Francisco T. Aguirre, CIAQP, CIEC Director of Building Sciences Indoor Environmental Diagnostic & Remediation Specialist HVAC FL License # CACO57992 1(727)-572-4550 1(800) 422-7873 Copyright 2013 Pure Air Control Services, Inc. Report # pg.26 “Indoor Environmental Diagnostics and Remediation Experts” Pure Air Control Services, Inc. 4911 Creekside Drive Suite C Clearwater, FL 33760 (727) 572-4550 · Toll Free: 1-800-422-7873 · Fax: (727) 572-5859 E-mail:iaq@pureaircontrols.com · Web Site: www.pureaircontrols.com Florida HVAC License CACO57992 July 17, 2013 Thank you for providing Pure Air this opportunity to assist you with your indoor air quality concerns. If you should have any questions regarding this report provided, please call me at 1-800-422-7873, ext. 201. Respectfully Submitted, PURE AIR CONTROL SERVICES, INC. Francisco T. Aguirre ____________________________ Francisco T. Aguirre, CIAQP, CIEC Director of Building Sciences Enclosures Member Publisher of the IEQ Review HVAC FL License #CACO57992 Member Re: It is Pure Air Control Services, Inc. (P ure Air) privilege to submit this report that describes the Building Pre-Remediation Baseline evaluation undertaken at for your review. Field assessments were completed on July 11 - 12, 2013 to address concerns related to the quality of the indoor air. pg.27 CONTENTS INTRODUCTION 1 BACKGROUND 1 SCOPE OF WORK 1 ENVIRONMENTAL SUMMARY REPORT 2 RECOMMENDATIONS 12 PHOTOGRAPHS AND DIAGRAMS 17 LABORATORY RESULTS 30 METHODS 178 GUIDELINES FOR INDOOR AIR QUALITY 180 INDOOR AIR QUALITY CONSIDERATIONS 183 DISCLAIMERS 187 pg.28 INTRODUCTION This report describes the Building Pre-Remediation Baseline evaluation undertaken at . The assessment was completed on July 11 - 12, 2013 at the request of , to address occupant concerns related to the quality of the indoor air. BACKGROUND The courthouse under this assessment has been subject to water intrusion form heavy rains and subsequential drain system back up. The floods took place during the month of May of 2013 affecting multiple locations within the courthouse. who manages the facility is interested on establishing a baseline of indoor environmental parameters and determining the extent as well as the severity of the flood affected areas prior to initiating remediation and repairs. SCOPE OF WORK Establish a baseline of indoor environmental parameters including: Cultures for the assessment of viable bacterial and fungal concentrations suspended in the air. Spore Traps to determine the concentrations of fungal structures and/or other allergens suspended in the air. Surface Tape Preparations to assess the distribution of fungal structures and/or other allergens settled on the environment. Bulk sampling for the assessment of antigens and microbial contents in building materials. Measurements of temperature and relative humidity for the assessment of comfort and conditions that might support microbial proliferation and chemical interactions. Measurements of carbon dioxide as a surrogate measure for ventilation adequacy. Particle counting of respirable-size as an indicator of air filtration efficiency and/or unusual dust levels. Infrared scan and direct contact moisture measurements for the detection of damp building materials. Visual inspection of the air handler and the air distribution system to address any potential sanitary conditions that may need attention. Establish the extent and location for the water intrusion and determine basic remediation protocols. pg.29 ENVIRONMENTAL SUMMARY REPORT Environmental assays were performed in twenty-two zones within the courthouse as follows: Room 112 (AKA113) Room 115 (AKA Gym) Room 140 Room 141 Room 203D Courtroom Room 205 G1 – Jury Room Room 205 G2 Room 205 G3 - Library Room 207A Courtroom Room 207B1 Room 207B2 Room 207B3 Room 312 Hallway Room 314 Credit Union Room 320A Room 320B Room 320C Room 322 Hallway Suite 324 Suite 324 Front Office Room 330 Room 408 When pertinent, Outside air samples were collected in the morning and afternoon for comparative and control purposes. These environmental samples were submitt ed to the Environmental Diagnostics Laboratory (EDL), an American Industrial Hygiene Association accredited laboratory for analysis. The results derived from each assay were compared against the corresponding Guidelines to determine acceptability and were tabulated on the following page. Please note that the figures highlighted in yellow (if any) contain values moderately outside the recommended level and are treated as a transition gradient from a normal condition to abnormal or vise versa. Figures highlighted in red (if any) indicate with certainty that an abnormal or detrimental condition exists. pg.30 Field Date:February 8, 2012 Environmental Parameter Medium Ref.Unit Guideline*Room 112 (AKA 113) Room 115 Gym Room 140 Room 141 Courtroom 203 D Air 3 CFU/m3 ≤175 or ⅓ OA 389 82 247 436 24BacteriaCarpet3CFU/gm 50,000 9,100 --1,510 1,500 2,300 Air 3 CFU/m3 ≤350 or ⅓ OA 365 35 59 106 59 Bioaerosol Cultures Fungi Carpet 3 CFU/gm 75,000 BDL --BDL BDL BDL Air 3 cts/m3 ≤1,000 or ⅓ OA 1,420 110 198 110 22AerosolFungal Elements Surface 3 cts/cm2 ≤50 20 BDL 84 28 12 Temperature Air 1 ºF C = 73 - 79 H = 68 - 74 72.2 68.0 67.7 72.7 71.4 Relative Humidity Air 1 % Rh ≥30% ≤60 48.9 50.0 52.0 48.2 46.5Comfort Carbon Dioxide Air 2 ppm 700 +OA 773 534 486 632 598 Particulate Respirable-size Air 3 p/l ≤25,000 or ⅓ OA 6,412 7,062 6,794 7,076 9,054 ENVIRONMENTAL SUMMARY REPORT LIVING SPACE Units: CFU/m3 = Colony Forming Unit per cubic meter of air cts/m3 = Counts per cubic meter of air cts/cm2 = Counts per square centimeter ºF = degrees Fahrenheit p/l = particles per liter of air % Rh = Percent relative humidity ppm = parts per million References: 1. ANSI/ASHRAE Standard 55 - 2010 Thermal Environmental Conditions for Human Occupancy 2. ANSI/ASHRAE Standard 62.1 - 2010 Ventilation for Acceptable Indoor Air Quality 3. Pure Air Control Services, Inc. Environmental Diagnostic Laboratory Notes: C =Cooling H =Heating BDL =Below Detectable Limit OA =Outdoor Air * =See details in Guidelines for IAQ Section ---=Not applicable Red highlight =Highlighted in red (if any) indicate with certainty that an abnormal or detrimental condition exists. Yellow highlight = Transition gradient from normal to abnormal. Black figures = Normal Condition pg.31 Environmental Parameter Medium Ref.Unit Guideline* Room 205 G1 Jury Room Room 205 G2 Room 205 G3 Library Room 207 A Courtroom Room 207 B1 Air 3 CFU/m3 ≤175 or ⅓ OA 59 71 BDL 47 141 Carpets 3 CFU/gm 50,000 23,000 --730 8,900 --Bacteria Chair Fabric 3 CFU/gm 50,000 900 -------- Air 3 CFU/m3 ≤350 or ⅓ OA 47 82 71 35 59 Carpets 3 CFU/gm 75,000 BDL --BDL BDL -- Bioaerosol Cultures Fungi Chair Fabric 3 CFU/gm 75,000 BDL -------- Air 3 cts/m3 ≤1,000 or ⅓ OA 132 665 110 354 88AerosolFungal Elements Surface 3 cts/cm2 ≤50 28 1,390 48 BDL BDL Temperature Air 1 ºF C = 73 - 79 H = 68 - 74 70.7 72.6 71.1 62.9 74.8 Relative Humidity Air 1 % Rh ≥30% ≤60 49.9 47.4 48.0 60.4 45.8Comfort Carbon Dioxide Air 2 ppm 700 +OA 690 594 562 520 649 Particulate Respirable-size Air 3 p/l ≤25,000 or ⅓ OA 4,604 4,068 5,650 10,480 9,562 ENVIRONMENTAL SUMMARY REPORT LIVING SPACE Units: CFU/m3 = Colony Forming Unit per cubic meter of air cts/m3 = Counts per cubic meter of air cts/cm2 = Counts per square centimeter ºF = degrees Fahrenheit p/l = particles per liter of air % Rh = Percent relative humidity ppm = parts per million References: 1. ANSI/ASHRAE Standard 55 - 2010 Thermal Environmental Conditions for Human Occupancy 2. ANSI/ASHRAE Standard 62.1 - 2010 Ventilation for Acceptable Indoor Air Quality 3. Pure Air Control Services, Inc. Environmental Diagnostic Laboratory Notes: C =Cooling H =Heating BDL =Below Detectable Limit OA =Outdoor Air * =See details in Guidelines for IAQ Section ---=Not applicable Red highlight =Highlighted in red (if any) indicate with certainty that an abnormal or detrimental condition exists. Yellow highlight = Transition gradient from normal to abnormal. Black figures = Normal Condition pg.32 Environmental Parameter Medium Ref.Unit Guideline*Room 207 B2 Room 207 B3 Room 312 Hallway Room 314 Credit Union Room 320 A Air 3 CFU/m3 ≤175 or ⅓ OA 106 236 24 459 71BacteriaCarpet3CFU/gm 50,000 ------32,000 -- Air 3 CFU/m3 ≤350 or ⅓ OA 71 71 59 141 141 Bioaerosol Cultures Fungi Carpet 3 CFU/gm 75,000 ------BDL -- Air 3 cts/m3 ≤1,000 or ⅓ OA 243 644 44 132 2,530AerosolFungal Elements Surface 3 cts/cm2 ≤50 BDL BDL 8 244 20 Temperature Air 1 ºF C = 73 - 79 H = 68 - 74 73.2 76.4 68.8 69.4 73.0 Relative Humidity Air 1 % Rh ≥30% ≤60 47.2 45.1 60.0 57.8 51.1Comfort Carbon Dioxide Air 2 ppm 700 +OA 652 661 354 539 497 Particulate Respirable-size Air 3 p/l ≤25,000 or ⅓ OA 8,602 7,712 11,102 15,481 4,237 Units: CFU/m3 = Colony Forming Unit per cubic meter of air cts/m3 = Counts per cubic meter of air cts/cm2 = Counts per square centimeter ºF = degrees Fahrenheit p/l = particles per liter of air % Rh = Percent relative humidity ppm = parts per million References: 1. ANSI/ASHRAE Standard 55 - 2010 Thermal Environmental Conditions for Human Occupancy 2. ANSI/ASHRAE Standard 62.1 - 2010 Ventilation for Acceptable Indoor Air Quality 3. Pure Air Control Services, Inc. Environmental Diagnostic Laboratory Notes: C =Cooling H =Heating BDL =Below Detectable Limit OA =Outdoor Air * =See details in Guidelines for IAQ Section --=Not applicable Red highlight =Highlighted in red (if any) indicate with certainty that an abnormal or detrimental condition exists. Yellow highlight = Transition gradient from normal to abnormal. Black figures = Normal Condition ENVIRONMENTAL SUMMARY REPORT LIVING SPACE pg.33 Environmental Parameter Medium Ref.Unit Guideline*Room 320 B Room 320 C Room 322 Hallway Room 324 Room 324 Front Office Air 3 CFU/m3 ≤175 or ⅓ OA 24 BDL 59 141 141BacteriaCarpet3CFU/gm 50,000 6,900 ----2,600 5,000 Air 3 CFU/m3 ≤350 or ⅓ OA 542 777 82 766 294 Bioaerosol Cultures Fungi Carpet 3 CFU/gm 75,000 BDL ----BDL BDL Air 3 cts/m3 ≤1,000 or ⅓ OA 554 3,880 244 4,400 2,000AerosolFungal Elements Surface 3 cts/cm2 ≤50 8 1,920 12 52 28 Temperature Air 1 ºF C = 73 - 79 H = 68 - 74 75.0 76.8 72.1 74.6 72.4 Relative Humidity Air 1 % Rh ≥30% ≤60 52.2 51.4 57.8 53.7 57.0Comfort Carbon Dioxide Air 2 ppm 700 +OA 451 552 411 420 583 Particulate Respirable-size Air 3 p/l ≤25,000 or ⅓ OA 6,723 8,616 3,870 6,073 4,153 Units: CFU/m3 = Colony Forming Unit per cubic meter of air cts/m3 = Counts per cubic meter of air cts/cm2 = Counts per square centimeter ºF = degrees Fahrenheit p/l = particles per liter of air % Rh = Percent relative humidity ppm = parts per million References: 1. ANSI/ASHRAE Standard 55 - 2010 Thermal Environmental Conditions for Human Occupancy 2. ANSI/ASHRAE Standard 62.1 - 2010 Ventilation for Acceptable Indoor Air Quality 3. Pure Air Control Services, Inc. Environmental Diagnostic Laboratory Notes: C =Cooling H =Heating BDL =Below Detectable Limit OA =Outdoor Air * =See details in Guidelines for IAQ Section --=Not applicable Red highlight =Highlighted in red (if any) indicate with certainty that an abnormal or detrimental condition exists. Yellow highlight = Transition gradient from normal to abnormal. Black figures = Normal Condition ENVIRONMENTAL SUMMARY REPORT LIVING SPACE pg.34 Environmental Parameter Medium Ref.Unit Guideline*Room 330 Room 408 Outside Air 7/11 AM Outside Air 7/11 PM Outside Air 7/11 AM Average Outside Air 7/12 AM Air 3 CFU/m3 ≤175 or ⅓ OA 141 82 224 BDL 112 1,180BacteriaCarpet3CFU/gm 50,000 1,200 14,000 -------- Air 3 CFU/m3 ≤350 or ⅓ OA 141 141 BDL 471 236 966 Bioaerosol Cultures Fungi Carpet 3 CFU/gm 75,000 BDL BDL -------- Air 3 cts/m3 ≤1,000 or ⅓ OA 154 44 243 3580 1,912 3840AerosolFungal Elements Surface 3 cts/cm2 ≤50 BDL 16 -------- Temperature Air 1 ºF C = 73 - 79 H = 68 - 74 72.3 76.9 84.8 85.0 84.9 79.2 Relative Humidity Air 1 % Rh ≥30% ≤60 55.8 49.4 71.9 61.3 66.6 83.4Comfort Carbon Dioxide Air 2 ppm 700 +OA 470 570 300 350 325 332 Particulate Respirable-size Air 3 p/l ≤25,000 or ⅓ OA 16,978 4,943 47,403 64,664 56,034 51,612 Units: CFU/m3 = Colony Forming Unit per cubic meter of air cts/m3 = Counts per cubic meter of air cts/cm2 = Counts per square centimeter ºF = degrees Fahrenheit p/l = particles per liter of air % Rh = Percent relative humidity ppm = parts per million References: 1. ANSI/ASHRAE Standard 55 - 2010 Thermal Environmental Conditions for Human Occupancy 2. ANSI/ASHRAE Standard 62.1 - 2010 Ventilation for Acceptable Indoor Air Quality 3. Pure Air Control Services, Inc. Environmental Diagnostic Laboratory Notes: C =Cooling H =Heating BDL =Below Detectable Limit OA =Outdoor Air * =See details in Guidelines for IAQ Section --=Not applicable Red highlight =Highlighted in red (if any) indicate with certainty that an abnormal or detrimental condition exists. Yellow highlight = Transition gradient from normal to abnormal. Black figures = Normal Condition ENVIRONMENTAL SUMMARY REPORT LIVING SPACE pg.35 FUNGAL ELEMENTS SURFACE TAPE PREPARATIONS ZONE LOCATION FIELD SAMPLE #GUIDELINE* (cts/cm²) RESULTS (cts/cm²) BOOKS AND SHELVING Room 205D (Library)Book Top Federal Supp 834 147 50 92 Room 205D (Library)Book Outside Cover Federal Supp. 834 148 50 BDL Room 205D (Library)Book Top Federal Supply 775 149 50 152 Room 205D (Library)Book Binder Federal Supply 775 150 50 BDL Room 205D (Library)Book top Federal Reporter 48 152 50 176 Room 205D (Library)Book Binder Federal Reporter 48 153 50 16 Room 205D (Library)Book Top Florida Cases 563-564 162 50 22,900 Room 205D (Library)Book Shelf Mitre Cut Kick Plate Base 157 50 184 Room 205D (Library)Book Shelf Back Left 151 50 44 Room 205D (Library)Book Shelf Center 146 50 139,000 Room 205D (Library)Book Shelf 3rd Right of Entry 160 50 1,380 Room 205D (Library)Book Shelf Right of Entry 161 50 22,200 Room 205D (Library)Bookshelf Bottom Interstitial (cut out 1)154 100 23,600 Room 205D (Library)Bookshelf Bottom Interstitial (cut out 1)155 100 28,300 Room 205D (Library)Bookshelf Bottom Interstitial (cut out 1)156 100 34,800 Room 205D (Library)Bookshelf Bottom Interstitial (cut out 2)158 100 13,500 Room 205D (Library)Bookshelf Bottom Interstitial (cut out 2)159 100 17,000 cts/cm2 = Counts per square centimeter BDL =Below Detectable Limit * =See details in Guidelines for IAQ Section Red highlight =Highlighted in red (if any) indicate with certainty that an abnormal or detrimental condition exists. Yellow highlight = Transition gradient from normal to abnormal. Black figures = Normal Condition ENVIRONMENTAL SUMMARY REPORT pg.36 FUNGAL ELEMENTS SURFACE TAPE PREPARATIONS ZONE LOCATION FIELD SAMPLE #GUIDELINE* (cts/cm²) RESULTS (cts/cm²) BOOKS AND SHELVING (continued) Room 205D (Library)Bookshelf Bottom Interstitial (cut out 3)158 100 19,600 Room 205D (Library)Bookshelf Bottom Interstitial (cut out 3)159 100 68 Room 207B Bookshelf Bottom Interstitial (cut out 4)175 100 BDL Room 207B Bookshelf Bottom Interstitial (cut out 4)176 100 BDL Room 207B Bookshelf Bottom Interstitial (cut out 5)177 100 11,200 Room 207B Bookshelf Bottom Interstitial (cut out 5)178 100 54,500 WALL ASSESSMENT Room 140 Hallway North Wall (Interstitial)169 100 35,700 Room 140 Hallway South Wall (Interstitial)168 100 108,000 Room 203D Courtroom Fabric Wall Covering (Surficial)106 100 84 Room 203D Courtroom Corner Wall with evident water damage (Surficial)105 100 BDL Room 205G Jury Room East Wall (Interstitial)144 100 129,000 Room 320 Southeast Wall (Interstitial)139 100 44,500 Room 320 Southwest Wall (Interstitial)140 100 18,000 Room 322 Hallway Southeast Wall (Interstitial)142 100 39,100 Room 322 Hallway Southwest Wall (Interstitial)143 100 24,400 Room 324 East Wall ( first Layer sandwich)126 100 BDL cts/cm2 = Counts per square centimeter BDL =Below Detectable Limit * =See details in Guidelines for IAQ Section Red highlight =Highlighted in red (if any) indicate with certainty that an abnormal or detrimental condition exists. Yellow highlight = Transition gradient from normal to abnormal. Black figures = Normal Condition ENVIRONMENTAL SUMMARY REPORT pg.37 FUNGAL ELEMENTS SURFACE TAPE PREPARATIONS ZONE LOCATION FIELD SAMPLE #GUIDELINE* (cts/cm²) RESULTS (cts/cm²) WALL ASSESSMENT (continued) Room 324 East Wall (second Layer Interstitial)127 100 6,970 Room 330 Partitioning Wall layer 2 (Interstitial)138 100 46,300 Room 408 NW Room East Wall (Interstitial)179 100 660 Room 408 NW Room North Wall (Baseboard)180 100 83,000 MISCELLANEOUS BUILDING ELEMENTS Room 140 Ceiling Tile (top)167 100 28 Room 207A Courtroom North Hatch Nailer 170 100 128 Room 207A Courtroom Center Hatch (water stain)171 100 88 Room 207A Courtroom Acoustic Panel NW Corner (Stains)173 100 2,650 Room 408 Ceiling tile (top side)182 100 68 AIR CONVEYANCE SYSTEM Air Handler 101 Cooling Coil Upstream Side 112 100 BDL Air Handler 101 Blower Wheel 113 100 22,400 Air Handler 102 Cooling Coil Upstream Side 114 100 84 Air Handler 102 Cooling Coil Downstream Side 115 100 4 Room 140 Supply Air Grill 165 100 3,710 Room 140 Return Air Grill 166 100 308 cts/cm2 = Counts per square centimeter BDL =Below Detectable Limit * =See details in Guidelines for IAQ Section Red highlight =Highlighted in red (if any) indicate with certainty that an abnormal or detrimental condition exists. Yellow highlight = Transition gradient from normal to abnormal. Black figures = Normal Condition ENVIRONMENTAL SUMMARY REPORT pg.38 FUNGAL ELEMENTS SURFACE TAPE PREPARATIONS ZONE LOCATION FIELD SAMPLE #GUIDELINE* (cts/cm²) RESULTS (cts/cm²) AIR CONVEYANCE SYSTEM (continued) Air Handler 201 Blower Cabinet 110 100 BDL Air Handler 201 Cooling Coil Upstream 111 100 100 Air Handler 205 Cabinet Liner 107 100 35,300 Room 203D Supply Air Grill 104 100 13,900 Room 205G Supply Air Duct 145 100 BDL Room 207A Courtroom Supply Air Grill Northwest 172 100 42,200 Room 207B Supply Air Duct Center Hall 174 100 5,240 Air Handler 301 Cooling Coil Upstream 1 108 100 1,120 Air Handler 301 Cooling Coil Upstream 2 109 100 3,380 Room 324 Supply Air Grill (Front)125 100 3,500 Room 324 Supply Air Duct 128 100 17,700 Room 320 Supply Air Duct 141 100 2,450 Room 330 Supply Air Duct 137 100 12,100 Air Handler 401 Blower Cabinet Liner 116 100 9,010 Air Handler 401 Cooling Coil (Downstream)117 100 4,450 Room 408 Supply Air Duct 183 100 1,070 cts/cm2 = Counts per square centimeter BDL =Below Detectable Limit * =See details in Guidelines for IAQ Section Red highlight =Highlighted in red (if any) indicate with certainty that an abnormal or detrimental condition exists. Yellow highlight = Transition gradient from normal to abnormal. Black figures = Normal Condition ENVIRONMENTAL SUMMARY REPORT pg.39 RECOMMENDATIONS The following recommendations were designed to resolve issues described in this report. No prioritization was implied by this listing, however, it was anticipated all items discussed would be addressed. Air Handlers: Environmentally clean and sanitize the air handlers (except for AHU 201). The evaporator coils and blowers need to be thoroughly washed and then sanitized. The preferred method is employing a combination of superheated steam at 300 ºF and high flow-low pressure rinsing protocols. If using conventional pressure washing and detergents for cleaning the coils and blowers, these should be rinsed off thoroughly until achieving a neutral pH. The use of chlorine -based chemicals, as well as self -rinsing techniques is highly discouraged. The cabinet walls within the air handler need to be cleaned using direct contact vac uum cleaners and soft brush attachments. After removing all the dust within the air handler, the interior fiberglass surfaces need to be coated with an encapsulant such as Fiberlock 8000 or equivalent. All insulation impacted with moisture, physical damage, or microbial growth at unmanageable levels needs to be replaced with new materials having the same or higher insulation values per inch, flame spread of not over 25 and smoke development rate of not over 50. The utilization of a closed cell liner such as IMCOA is highly recommended for the air handler and coil cabinets. Ductwork Environmentally clean and sanitize the air distribution system s assessed (except for the system associated with AHU 201) using direct contact vacuum cleaners and soft brush attachments, agitating brushes, negative air machines, air brushes and other industry specialized equipment. After removing all the dust within the ductwork, the interior fiberglass surfaces need to be coated with an encapsulant such as Fiberlock 8000 or equivalent. All insulation impacted with moisture, physical damage, or microbial growth at unmanageable levels needs to be replaced with new materials having the same or higher insulation values per inch, flame spread of not over 25 and smoke development rate of not over 50. Cleaning of the air conveyance system (air handlers and/or ductwork) needs to be completed by a qualified and licensed air-conditioning contractor who specializes on remediation and cleaning mold under proper containment, personal protection and health and safety protocols along with following industry accepted guidelines, e.g. National Air Duct Cleaning Association (NADCA) ACR Standard,Assessment, Cleaning, and Restoration of HVAC Systems,IICRC Reference Guide for professional Mold Remediation (IICRC S520) etc.It is pg.40 RECOMMENDATIONS (continued) recommended that a Certified Indoor Environmental Consultant be hired to monitor the air conveyance cleaning process and to provide cleanliness verification and clearance. Mold Remediation It is recommended that the drywall impacted by mold growth (see diagram provided) be remediated.Unless otherwise specified, remove one side of the affected walls and the insulation (if any) to 24 inches above the finished floor. Removal of drywall needs to continue in both lateral directions until 18 inches of unaffected drywall are found. All the dust and debris (encrusted or loose) in the immediately exposed wall cavities and framing need to be thoroughly removed using vacuums in combination with scrapers and/or wire brushes. The immediately exposed cavities and framing need to be treated with a biocide registered with the EPA and allowed to dry thoroughly. If after removing one side of the drywall it is determined that the structural properties of the remaining side have been compromised due to the water intrusion and/or mold growth the drywall thereof needs to be removed as well. Once all demolition has been completed, the remaining walls ceilings floors and containment need to be vacuumed and sanitized with an EPA registered biocide. The mold impacted drywall needs to be remediated under proper containment, personal protection and health and safety protocols along with following industry accepted guidelines (i.e. IICRC Reference Guide for professional Mold Remediation (IICRC S520) and/or the New York City Department of Health “Guidelines on Assessment and Remediation of Fungi in Indoor Environments”, etc.As minimum, the containment should include poly draped (e.g. on the on the doors) as to separate the work areas from the unaffected spaces. A vertical slit with a single flap on the poly that covers a designated door may be used for egress and for removing contaminated materials. A negative air machine equipped with HEPA filtration needs to be provided to maintain the pressure within the work area negative with respect to the unaffected space. 3 to 5 Pascal pressure differential is considered adequate. A digital pressure gauge equipped with audible and visible alarms need to be provided to ensure the integrity of the pressurization and the containment. At least one air scrubber equipped with HEPA filtration rated for 2000 cfm needs to be provided for every 2000 ft²of work area and another one along the unaffected space. The air-conditioning supply and return air grilles need to be blocked with appropriate material and sealed with tape. A portable air - conditioning unit may be used to provide temporary comfort provided that the pg.41 RECOMMENDATIONS (continued) condensing air is filtered through a HEPA filter prior to discharging it to the common return air plenum. The integrity of all HEPA equipment needs to be checked before demolition begins using a respirable-size (0.3 to 5 microns) particle counter. Zero particle counts on the lowest speed of the HEPA equipment is considered acceptable. Once demolition is completed and the areas are free of visible dust, but before removing containment and air scrubbers the entire environment (floors, ceilings, walls etc.) needs to be vacuumed and wiped down with an antimicrobial solution and allowed to dry thoroughly. A Certified Indoor Environmental Consultant should then inspect the work area for thoroughness before sampling the work area for clearance. Testing for clearance should include non-culturable air and surface samples, respirable-size particle counts, containment and HEPA equipment integrity. Air samples containing less that 1000 cts/m 3 are considered acceptable. Surface samples containing less than 50 cts/cm2 are considered acceptable. Respirable-size particle counts less than 25,000 are considered acceptable. HEPA equipment discharging zero respirable-size particles are considered acceptable. It is recommended that a Certified Indoor Environmental Consultant be hired to monitor the remediation process and to provide clearance prior to installing new insulation and drywall. In order to prevent a reoccurring problem, the underlying root cause for the mold colonization needs to be properly identified and addressed prior to installing new drywall and insulation (if needed). A post- remediation QA/QC study as well as a p re-occupancy study needs to be implemented to verify the efficacy of the repairs made and that the quality of the indoor air has been restored to acceptable levels. Environmental Cleaning It is recommended that the environment within all representative rooms assessed be “environmentally cleaned”. This entails cleaning and sanitizing all surfaces e.g. walls ceilings flooring, cabinets, doors, windows, blinds, counter tops, open shelving, smooth and hard surface furniture, etc. utilizing direct contact vacuuming with soft brushes and then wiped with a cloth dampened with a biocide registered with the EPA.In order to ensure a more complete and thorough penetration of the biocide especially in soft surfaces and hard to reach crevasses it is recommended that the environment be atomized with a disinfectant system such as Sanosil or equivalent. pg.42 RECOMMENDATIONS (continued) Environmental Remediation It is recommended that the environment within 205 G2, 314, 320C, 205D (AKA 205G3) and 207A be “environmentally remediated”. This entails cleaning and sanitizing all surfaces e.g. walls ceilings flooring, cabinets, doors, windows, blinds, counter tops, open shelving, smooth and hard surface furniture, office equipment etc. utilizing direct contact vacuuming with soft brushes and then wiped with a cloth dampened with a biocide registered with the EPA.Soft surfaces displaying microbial growth need to be discarded.All books that display visible mold growth and or water damage need to be discarded. All salvageable books need to be individually vacuumed and then wiped with a disposable towel dampened with an antimicrobial solution registered with the EPA.All book cabinets under this assessment need to be removed for proper access and cleaning of the bottom shelve.All the carpets that were sampled contained low microbial levels and therefore replacement is not warranted; however it would be prudent to shampoo and then sanitize all the carpets.The exception is in room 207B where the carpets adjacent to Room 205D had been saturated for extended time warrant removal and replacement with new. Small articles with relatively low cost of replacement need to be discarded if feasible. In order to ensure a more complete and thorough penetration of the biocide especially in soft surfaces and hard to reach crevasses it is recommended that the environment be atomized with a di sinfectant system such as Sanosil or equivalent. All cleaning needs to be done under proper containment providing negative air pressure differentials of at least 3 to 5 Pascals. Air scrubbers equipped with HEPA filtration (at least one 2000 cfm rated unit per every 1,500 ft²) dehumidifiers and portable air -conditioning with enhanced filtration and ventilation needs to be provided to maintain the relative humidity below 70%. Workers should wear proper personal protection e.g. gloves, safety glasses, disposable coveralls,N-95 respirators, etc. Environmental remediation must be completed by a qualified mold remediation contractor and under strict containment, personal protection protocols and industry accepted guidelines (e.g. IICRC Reference Guide for professional Mold Remediation (IICRC S520) and National Air Duct Cleaning Association (NADCA) ACR Standard,Assessment, Cleaning, and Restoration of HVAC Systems, etc.) pg.43 RECOMMENDATIONS (continued) General In order to avoid hygiene degradation of the air conveyance system and excessive use of energy, ensure that the filters fit snugly in their racks, the filter covers fit properly, the air handler penetrations (e.g. chilled water lines and condensate fittings, electric conduit, etc.) are properly sealed and the gaskets and fasteners for the service panels are in good order. Air -conditioning maintenance should incorporate procedures to regularly (e.g. twice a year) maintain the air handlers and ductwork hygienically clean (free from visible dust and mold) and in good working order. Set the thermostats (and any other relevant controls) to maintain the temperature and relative humidity within the ASHRAE recommended levels of 73 to 79 ºF (summer)68 to 74 ºF (winter).Do not operate the air-conditioning systems below 73 ºF colder temperatures are unnecessary and could lead to humidity problems, mold growth, and excessive operation costs. The relative humidity needs to be maintained below 60% for comfort and control of allergens and associated odors. Ensure that housekeeping employs vacuum cleaners in good working order and equipped with high efficiency particle arrestance filtration for cleaning all flooring routinely and thoroughly. pg.44 Photographs will be provided in final report. PHOTOGRAPHS AND DIAGRAMS pg.45 Building Health Check Report # Room 140 9)10) 11)12) pg.46 Building Health Check Report # Room 140 13)14) 15)16) pg.47 Building Health Check Report # Air Handler 101 29)30) 31)32) pg.48 Building Health Check Report # Air Handler 102 33)34) 35)36) pg.49 Building Health Check Report # 5 G1 53)54) 55)56) pg.50 Building Health Check Report # Air Handler 201 89)90) 91)92) pg.51 Building Health Check Report # andler 201 93)94) 95)96) pg.52 Building Health Check Report # ndler 205 97)98) 99)100) pg.53 Building Health Check Report # Handler 205 101)102) Blank 103)104) pg.54 Building Health Check Report # dler 301 145)146) Blank 147)148) pg.55 Building Health Check Report # r Handler 401 154)155) 156)157) pg.56 l-----, t I i •.••• --.. ,----- "'- -----·-~ =: ------------- 01004 L~ 01038 103.54 SqFt __,) 196.12 SqFt TTO . TTO 1525 1525 AFL03651 AFL03651 01022 589.42 SqFt TTO 1525 AFL03651 I L l ·1005 38 SqFt TTO 1016 L04531 ------· BLDG REMOVE 10' IN LENGTHREMOVE 2' FROM THE FLOORREMOVE 2' FROM THE FLOORREMOVE 10' IN LENGTHLOCATION: ROOM #113REMOVE WALLPAPERREMOVE DRYWALLINDEX:SCOPE: Remove 20' linear feet of drywall, 2' from the finished floor40' totalpg.57 03056 149.16 SqFt TTO VCNT 03058 144.35 SqFt TTO VCNT 03057 151.67 SqFt TTO VCNT 03059 147.89 SqFt TTO VCNT 03064 136.94 SqFt TTO VCNT 03060 147.91 SqFt TTO VCNT REMOVE 2' IN HEIGHTREMOVE ENTIRE WALL BOTH SIDESREMOVE 4' IN HEIGHTINDEX:REMOVE DRYWALLREMOVE WALLPAPERLOCATION: ROOM 330SCOPE: Remove 18' linear feet of drywallfrom floor to ceiling. 144' total.Remove 20' linear feet of drywall, 2' from finished floor. 40' total. Remove 10' linear feet of drywall, 4' from finished floor. 40' total. pg.58 -~- --, l-- 199 AF - -- =-?_'j [ t=-=- c r=_ c= =:i l co ~ I __ / #fo2) 04029 761.25 SqFt TTO 1631 AFL03636 AF 39€ 04030 159.65 SqFt TTO 1631 AFL03636 04031 136.40 SqFt no 1631 AFL03636 REMOVE 2' IN HEIGHTINDEX:REMOVE DRYWALLREMOVE WALLPAPERLOCATION: ROOM 408SCOPE: Remove 15' linear feet ofdrywall. 2' from finished floor. 30' total. pg.59 Room Courtroom Bench Ju r y Area Moisture infiltration corn er need s scrap in g and new paint PROJECT NAME: INDEX: REMOVE DRYWALL REMOVE WALLPAPER LOCATION: ROOM 203D Floor to ceiling. 36' total. SCOPE: Remove 3' linear feet of paint. pg.60 LABORATORY RESULTS All laboratory results are provided in this preliminary report with exception for the samples collected on July 16,2013 as these are being processed in the analytical laboratory. pg.61 Laboratory Analysis Report Bacteria / Fungi Identified From Culture Client : Lebolo Construction Management, Inc Jobsite : Fort Lauderdale Federal Courthouse Location : 299 Broward Blvd PACS ID # : 06141 W ork Order # : 015831 Location of Test Sample Information Isolated Organisms Date Issued : 7/15/2013 Project Date : 7/10/2013 EDL Unit: N/A Zone: 1st Floor Rm 112 A(1 Testsite: N/A Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : 1.07 : 1 754 100% Bacteria Bacterial Colony 38933 51.6 %389.00 BacteriaLab Sample #:84017 Sample Date: 7/11/2013 Sample Time: 11:11 389Total Bacteria 33 51.6 %33.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 32 389.00 FungiFungi Fungal Colony 31 365 48.4 %365.00Lab Sample #:84018 Sample Date: 7/11/2013 Sample Time: 11:14 365Total Fungi 31 48.4 %0.0031.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 33 365.00 00389 00365 Unit: N/A Zone: 1st Floor Room 115 - Testsite: N/A Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : 2.33 : 1 118 100% Bacteria Bacterial Colony 827 70.0 %82.40 BacteriaLab Sample #:84022 Sample Date: 7/11/2013 Sample Time: 11:30 82Total Bacteria 7 70.0 %7.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 37 82.40 FungiFungi Fungal Colony 3 35 30.0 %35.30Lab Sample #:84023 Sample Date: 7/11/2013 Sample Time: 11:34 35Total Fungi 3 30.0 %0.003.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 38 35.30 00082.4 00035.3 CFU/m³ = Colony Forming Units per cubic meter of air BDL = Below Detection Limit N/A = Not Applicable The results in this report apply only to the sample(s) specifically listed above and tested at Environmental Diagnostics Laboratory. Unless otherwise noted, samples were received in good condition. Laboratory-prepared Quality Control (QC) samples are analyzed with the samples routinely; however, unless a blank (control) is received, the result for the control is not compared. Quantitative data is based on 3 significant figures; Grand Total may not equal 100% due to rounding.Rajiv R. Sahay, Ph.D. . © Copyright 1996-2011, Environmental Diagnostics Laboratory Approved By : ___________ Quality Controlled By : ___________ Microbiology: Bioaerosol - Bacteria/Fungi Identification: Page 1 of 15 Method of Analysis: EDLAB SOP-7/04001 Blank Blank Blank pg.62 Laboratory Analysis Report Bacteria / Fungi Identified From Culture Client : Lebolo Construction Management, Inc Jobsite : Fort Lauderdale Federal Courthouse Location : 299 Broward Blvd PACS ID # : 06141 W ork Order # : 015831 Location of Test Sample Information Isolated Organisms Date Issued : 7/15/2013 Project Date : 7/10/2013 EDL Unit: N/A Zone: 1st Floor Room 140 Testsite: N/A Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : 4.19 : 1 306 100% Bacteria Bacterial Colony 24721 80.7 %247.00 BacteriaLab Sample #:84076 Sample Date: 7/11/2013 Sample Time: 16:55 247Total Bacteria 21 80.7 %21.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 91 247.00 FungiFungi Fungal Colony 5 59 19.3 %58.90Lab Sample #:84077 Sample Date: 7/11/2013 Sample Time: 16:59 59Total Fungi 5 19.3 %0.005.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 92 58.90 00247 00058.9 Unit: N/A Zone: 1st Floor Room 141 Testsite: N/A Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : 4.11 : 1 542 100% Bacteria Bacterial Colony 43637 80.4 %436.00 BacteriaLab Sample #:84081 Sample Date: 7/11/2013 Sample Time: 17:09 436Total Bacteria 37 80.4 %37.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 96 436.00 FungiFungi Fungal Colony 9 106 19.6 %106.00Lab Sample #:84082 Sample Date: 7/11/2013 Sample Time: 17:14 106Total Fungi 9 19.6 %0.009.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 97 106.00 00436 00106 CFU/m³ = Colony Forming Units per cubic meter of air BDL = Below Detection Limit N/A = Not Applicable The results in this report apply only to the sample(s) specifically listed above and tested at Environmental Diagnostics Laboratory. Unless otherwise noted, samples were received in good condition. Laboratory-prepared Quality Control (QC) samples are analyzed with the samples routinely; however, unless a blank (control) is received, the result for the control is not compared. Quantitative data is based on 3 significant figures; Grand Total may not equal 100% due to rounding.Rajiv R. Sahay, Ph.D. . © Copyright 1996-2011, Environmental Diagnostics Laboratory Approved By : ___________ Quality Controlled By : ___________ Microbiology: Bioaerosol - Bacteria/Fungi Identification: Page 2 of 15 Method of Analysis: EDLAB SOP-7/04001 Blank Blank Blank pg.63 Laboratory Analysis Report Bacteria / Fungi Identified From Culture Client : Lebolo Construction Management, Inc Jobsite : Fort Lauderdale Federal Courthouse Location : 299 Broward Blvd PACS ID # : 06141 W ork Order # : 015831 Location of Test Sample Information Isolated Organisms Date Issued : 7/15/2013 Project Date : 7/10/2013 EDL Unit: N/A Zone: 2nd Floor 205 G2 Testsite: N/A Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : 00.86 : 1 153 100% Bacteria Bacterial Colony 716 46.2 %70.70 BacteriaLab Sample #:84043 Sample Date: 7/11/2013 Sample Time: 14:09 71Total Bacteria 6 46.2 %6.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 58 70.70 FungiFungi Fungal Colony 7 82 53.8 %82.40Lab Sample #:84044 Sample Date: 7/11/2013 Sample Time: 14:14 82Total Fungi 7 53.8 %0.007.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 59 82.40 00070.7 00082.4 Unit: N/A Zone: 2nd Floor 205 G3 Lib Testsite: N/A Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : N/A 71 100% BacteriaBacteriaLab Sample #:84047 Sample Date: 7/11/2013 Sample Time: 14:17 BDLTotal Bacteria BDL -0.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 62 Detection Limit* : 12 CFU/m³ (Flow rate: 28.30 lpm, Exposure Time: 3 minutes) *Detection limits may vary with flow rate, exposure time and the type of impactor. BDL FungiFungi Fungal Colony 6 71 100 %70.70Lab Sample #:84048 Sample Date: 7/11/2013 Sample Time: 14:21 71Total Fungi 6 100 %0.006.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 63 70.70 00070.7 CFU/m³ = Colony Forming Units per cubic meter of air BDL = Below Detection Limit N/A = Not Applicable The results in this report apply only to the sample(s) specifically listed above and tested at Environmental Diagnostics Laboratory. Unless otherwise noted, samples were received in good condition. Laboratory-prepared Quality Control (QC) samples are analyzed with the samples routinely; however, unless a blank (control) is received, the result for the control is not compared. Quantitative data is based on 3 significant figures; Grand Total may not equal 100% due to rounding.Rajiv R. Sahay, Ph.D. . © Copyright 1996-2011, Environmental Diagnostics Laboratory Approved By : ___________ Quality Controlled By : ___________ Microbiology: Bioaerosol - Bacteria/Fungi Identification: Page 3 of 15 Method of Analysis: EDLAB SOP-7/04001 Blank Blank Blank pg.64 Laboratory Analysis Report Bacteria / Fungi Identified From Culture Client : Lebolo Construction Management, Inc Jobsite : Fort Lauderdale Federal Courthouse Location : 299 Broward Blvd PACS ID # : 06141 W ork Order # : 015831 Location of Test Sample Information Isolated Organisms Date Issued : 7/15/2013 Project Date : 7/10/2013 EDL Unit: N/A Zone: 2nd Floor 205G1-Jury Testsite: N/A Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : 1.25 : 1 106 100% Bacteria Bacterial Colony 595 55.6 %58.90 BacteriaLab Sample #:84037 Sample Date: 7/11/2013 Sample Time: 13:49 59Total Bacteria 5 55.6 %5.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 52 58.90 FungiFungi Fungal Colony 4 47 44.4 %47.10Lab Sample #:84038 Sample Date: 7/11/2013 Sample Time: 13:54 47Total Fungi 4 44.4 %0.004.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 53 47.10 00058.9 00047.1 Unit: N/A Zone: 2nd Floor Room 203D- Testsite: N/A Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : 00.40 : 1 83 100% Bacteria Bacterial Colony 242 28.6 %23.60 BacteriaLab Sample #:84071 Sample Date: 7/11/2013 Sample Time: 16:25 24Total Bacteria 2 28.6 %2.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 86 23.60 FungiFungi Fungal Colony 5 59 71.4 %58.90Lab Sample #:84072 Sample Date: 7/11/2013 Sample Time: 16:29 59Total Fungi 5 71.4 %0.005.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 87 58.90 00023.6 00058.9 CFU/m³ = Colony Forming Units per cubic meter of air BDL = Below Detection Limit N/A = Not Applicable The results in this report apply only to the sample(s) specifically listed above and tested at Environmental Diagnostics Laboratory. Unless otherwise noted, samples were received in good condition. Laboratory-prepared Quality Control (QC) samples are analyzed with the samples routinely; however, unless a blank (control) is received, the result for the control is not compared. Quantitative data is based on 3 significant figures; Grand Total may not equal 100% due to rounding.Rajiv R. Sahay, Ph.D. . © Copyright 1996-2011, Environmental Diagnostics Laboratory Approved By : ___________ Quality Controlled By : ___________ Microbiology: Bioaerosol - Bacteria/Fungi Identification: Page 4 of 15 Method of Analysis: EDLAB SOP-7/04001 Blank Blank blank blank Blank blank pg.65 Laboratory Analysis Report Bacteria / Fungi Identified From Culture Client : Lebolo Construction Management, Inc Jobsite : Fort Lauderdale Federal Courthouse Location : 299 Broward Blvd PACS ID # : 06141 W ork Order # : 015831 Location of Test Sample Information Isolated Organisms Date Issued : 7/15/2013 Project Date : 7/10/2013 EDL Unit: N/A Zone: 2nd Floor Room 207A Testsite: N/A Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : 1.33 : 1 82 100% Bacteria Bacterial Colony 474 57.2 %47.10 BacteriaLab Sample #:84052 Sample Date: 7/11/2013 Sample Time: 14:56 47Total Bacteria 4 57.2 %4.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 67 47.10 FungiFungi Fungal Colony 3 35 42.8 %35.30Lab Sample #:84053 Sample Date: 7/11/2013 Sample Time: 1: 35Total Fungi3 42.8 %0.003.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 68 35.30 00047.1 00035.3 Unit: N/A Zone: 2nd Floor Room 207B1 Testsite: N/A Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : 2.39 : 1 200 100% Bacteria Bacterial Colony 14112 70.5 %141.00 BacteriaLab Sample #:84057 Sample Date: 7/11/2013 Sample Time: 15:15 141Total Bacteria 12 70.5 %12.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 72 141.00 FungiFungi Fungal Colony 5 59 29.5 %58.90Lab Sample #:84058 Sample Date: 7/11/2013 Sample Time: 15:19 59Total Fungi 5 29.5 %0.005.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 73 58.90 00141 00058.9 CFU/m³ = Colony Forming Units per cubic meter of air BDL = Below Detection Limit N/A = Not Applicable The results in this report apply only to the sample(s) specifically listed above and tested at Environmental Diagnostics Laboratory. Unless otherwise noted, samples were received in good condition. Laboratory-prepared Quality Control (QC) samples are analyzed with the samples routinely; however, unless a blank (control) is received, the result for the control is not compared. Quantitative data is based on 3 significant figures; Grand Total may not equal 100% due to rounding.Rajiv R. Sahay, Ph.D. . © Copyright 1996-2011, Environmental Diagnostics Laboratory Approved By : ___________ Quality Controlled By : ___________ Microbiology: Bioaerosol - Bacteria/Fungi Identification: Page 5 of 15 Method of Analysis: EDLAB SOP-7/04001 Blank Blank blank blank Blank blank pg.66 Laboratory Analysis Report Bacteria / Fungi Identified From Culture Client : Lebolo Construction Management, Inc Jobsite : Fort Lauderdale Federal Courthouse Location : 299 Broward Blvd PACS ID # : 06141 W ork Order # : 015831 Location of Test Sample Information Isolated Organisms Date Issued : 7/15/2013 Project Date : 7/10/2013 EDL Unit: N/A Zone: 2nd Floor Room 207B2 Testsite: N/A Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : 1.50 : 1 177 100% Bacteria Bacterial Colony 1069 60.0 %106.00 BacteriaLab Sample #:84060 Sample Date: 7/11/2013 Sample Time: 15:41 106Total Bacteria 9 60.0 %9.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 75 106.00 FungiFungi Fungal Colony 6 71 40.0 %70.70Lab Sample #:84061 Sample Date: 7/11/2013 Sample Time: 15:41 71Total Fungi 6 40.0 %0.006.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 76 70.70 00106 00070.7 Unit: N/A Zone: 2nd Floor Room 207B3 Testsite: Blank Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : N/A BDL - BacteriaBacteriaLab Sample #:84065 Sample Date: 7/11/2013 Sample Time: 15:55 BDLTotal Bacteria BDL -0.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 80 Detection Limit* : 12 CFU/m³ (Flow rate: 28.30 lpm, Exposure Time: 3 minutes) *Detection limits may vary with flow rate, exposure time and the type of impactor. BDL FungiFungiLab Sample #:84066 Sample Date: 7/11/2013 Sample Time: 15:59 BDLTotal Fungi BDL -0.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 81 Detection Limit* : 12 CFU/m³ (Flow rate: 28.30 lpm, Exposure Time: 3 minutes) *Detection limits may vary with flow rate, exposure time and the type of impactor. BDL BDL CFU/m³ = Colony Forming Units per cubic meter of air BDL = Below Detection Limit N/A = Not Applicable The results in this report apply only to the sample(s) specifically listed above and tested at Environmental Diagnostics Laboratory. Unless otherwise noted, samples were received in good condition. Laboratory-prepared Quality Control (QC) samples are analyzed with the samples routinely; however, unless a blank (control) is received, the result for the control is not compared. Quantitative data is based on 3 significant figures; Grand Total may not equal 100% due to rounding.Rajiv R. Sahay, Ph.D. . © Copyright 1996-2011, Environmental Diagnostics Laboratory Approved By : ___________ Quality Controlled By : ___________ Microbiology: Bioaerosol - Bacteria/Fungi Identification: Page 6 of 15 Method of Analysis: EDLAB SOP-7/04001 Blank Blank Blank pg.67 Laboratory Analysis Report Bacteria / Fungi Identified From Culture Client : Lebolo Construction Management, Inc Jobsite : Fort Lauderdale Federal Courthouse Location : 299 Broward Blvd PACS ID # : 06141 W ork Order # : 015831 Location of Test Sample Information Isolated Organisms Date Issued : 7/15/2013 Project Date : 7/10/2013 EDL Unit: N/A Zone: 2nd Floor Room 207B3 Testsite: N/A Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : 3.34 : 1 307 100% Bacteria Bacterial Colony 23620 76.9 %236.00 BacteriaLab Sample #:84067 Sample Date: 7/11/2013 Sample Time: 16:00 236Total Bacteria 20 76.9 %20.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 82 236.00 FungiFungi Fungal Colony 6 71 23.1 %70.70Lab Sample #:84068 Sample Date: 7/11/2013 Sample Time: 16:04 71Total Fungi 6 23.1 %0.006.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 83 70.70 00236 00070.7 Unit: N/A Zone: 3rd Floor 312 Hallwa Testsite: N/A Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : 00.40 : 1 83 100% Bacteria Bacterial Colony 242 28.6 %23.60 BacteriaLab Sample #:83995 Sample Date: 7/11/2013 Sample Time: 10:43 24Total Bacteria 2 28.6 %2.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 10 23.60 FungiFungi Fungal Colony 5 59 71.4 %58.90Lab Sample #:83996 Sample Date: 7/11/2013 Sample Time: 10:47 59Total Fungi 5 71.4 %0.005.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 11 58.90 00023.6 00058.9 CFU/m³ = Colony Forming Units per cubic meter of air BDL = Below Detection Limit N/A = Not Applicable The results in this report apply only to the sample(s) specifically listed above and tested at Environmental Diagnostics Laboratory. Unless otherwise noted, samples were received in good condition. Laboratory-prepared Quality Control (QC) samples are analyzed with the samples routinely; however, unless a blank (control) is received, the result for the control is not compared. Quantitative data is based on 3 significant figures; Grand Total may not equal 100% due to rounding.Rajiv R. Sahay, Ph.D. . © Copyright 1996-2011, Environmental Diagnostics Laboratory Approved By : ___________ Quality Controlled By : ___________ Microbiology: Bioaerosol - Bacteria/Fungi Identification: Page 7 of 15 Method of Analysis: EDLAB SOP-7/04001 Blank Blank blank blank Blank blank pg.68 Laboratory Analysis Report Bacteria / Fungi Identified From Culture Client : Lebolo Construction Management, Inc Jobsite : Fort Lauderdale Federal Courthouse Location : 299 Broward Blvd PACS ID # : 06141 W ork Order # : 015831 Location of Test Sample Information Isolated Organisms Date Issued : 7/15/2013 Project Date : 7/10/2013 EDL Unit: N/A Zone: 3rd Floor 320B Testsite: Blank Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : N/A BDL - BacteriaBacteriaLab Sample #:84026 Sample Date: 7/11/2013 Sample Time: 12:55 BDLTotal Bacteria BDL -0.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 41 Detection Limit* : 12 CFU/m³ (Flow rate: 28.30 lpm, Exposure Time: 3 minutes) *Detection limits may vary with flow rate, exposure time and the type of impactor. BDL FungiFungiLab Sample #:84027 Sample Date: 7/11/2013 Sample Time: 12:59 BDLTotal Fungi BDL -0.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 42 Detection Limit* : 12 CFU/m³ (Flow rate: 28.30 lpm, Exposure Time: 3 minutes) *Detection limits may vary with flow rate, exposure time and the type of impactor. BDL BDL Unit: N/A Zone: 3rd Floor 320B Testsite: N/A Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : 00.04 : 1 566 100% Bacteria Bacterial Colony 242 4.17 %23.60 BacteriaLab Sample #:84029 Sample Date: 7/11/2013 Sample Time: 13:02 24Total Bacteria 2 4.17 %2.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 44 23.60 FungiFungi Fungal Colony 46 542 95.8 %542.00Lab Sample #:84030 Sample Date: 7/11/2013 Sample Time: 13:04 542Total Fungi 46 95.8 %0.0046.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 45 542.00 00023.6 00542 CFU/m³ = Colony Forming Units per cubic meter of air BDL = Below Detection Limit N/A = Not Applicable The results in this report apply only to the sample(s) specifically listed above and tested at Environmental Diagnostics Laboratory. Unless otherwise noted, samples were received in good condition. Laboratory-prepared Quality Control (QC) samples are analyzed with the samples routinely; however, unless a blank (control) is received, the result for the control is not compared. Quantitative data is based on 3 significant figures; Grand Total may not equal 100% due to rounding.Rajiv R. Sahay, Ph.D. . © Copyright 1996-2011, Environmental Diagnostics Laboratory Approved By : ___________ Quality Controlled By : ___________ Microbiology: Bioaerosol - Bacteria/Fungi Identification: Page 8 of 15 Method of Analysis: EDLAB SOP-7/04001 Blank Blank Blank pg.69 Laboratory Analysis Report Bacteria / Fungi Identified From Culture Client : Lebolo Construction Management, Inc Jobsite : Fort Lauderdale Federal Courthouse Location : 299 Broward Blvd PACS ID # : 06141 W ork Order # : 015831 Location of Test Sample Information Isolated Organisms Date Issued : 7/15/2013 Project Date : 7/10/2013 EDL Unit: N/A Zone: 3rd Floor 320C Testsite: N/A Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : N/A 777 100% BacteriaBacteriaLab Sample #:84033 Sample Date: 7/11/2013 Sample Time: 13:18 BDLTotal Bacteria BDL -0.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 48 Detection Limit* : 12 CFU/m³ (Flow rate: 28.30 lpm, Exposure Time: 3 minutes) *Detection limits may vary with flow rate, exposure time and the type of impactor. BDL FungiFungi Fungal Colony 66 777 100 %777.00Lab Sample #:84034 Sample Date: 7/11/2013 Sample Time: 13:22 777Total Fungi 66 100 %0.0066.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 49 777.00 00777 Unit: N/A Zone: 3rd Floor 322 Hallwa Testsite: N/A Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : 00.71 : 1 141 100% Bacteria Bacterial Colony 595 41.7 %58.90 BacteriaLab Sample #:83999 Sample Date: 7/11/2013 Sample Time: 10:55 59Total Bacteria 5 41.7 %5.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 14 58.90 FungiFungi Fungal Colony 7 82 58.3 %82.40Lab Sample #:84000 Sample Date: 7/11/2013 Sample Time: 10:59 82Total Fungi 7 58.3 %0.007.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 15 82.40 00058.9 00082.4 CFU/m³ = Colony Forming Units per cubic meter of air BDL = Below Detection Limit N/A = Not Applicable The results in this report apply only to the sample(s) specifically listed above and tested at Environmental Diagnostics Laboratory. Unless otherwise noted, samples were received in good condition. Laboratory-prepared Quality Control (QC) samples are analyzed with the samples routinely; however, unless a blank (control) is received, the result for the control is not compared. Quantitative data is based on 3 significant figures; Grand Total may not equal 100% due to rounding.Rajiv R. Sahay, Ph.D. . © Copyright 1996-2011, Environmental Diagnostics Laboratory Approved By : ___________ Quality Controlled By : ___________ Microbiology: Bioaerosol - Bacteria/Fungi Identification: Page 9 of 15 Method of Analysis: EDLAB SOP-7/04001 Blank Blank Blank pg.70 Laboratory Analysis Report Bacteria / Fungi Identified From Culture Client : Lebolo Construction Management, Inc Jobsite : Fort Lauderdale Federal Courthouse Location : 299 Broward Blvd PACS ID # : 06141 W ork Order # : 015831 Location of Test Sample Information Isolated Organisms Date Issued : 7/15/2013 Project Date : 7/10/2013 EDL Unit: N/A Zone: 3rd Floor Room 320A Testsite: N/A Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : 00.50 : 1 212 100% Bacteria Bacterial Colony 716 33.4 %70.70 BacteriaLab Sample #:84003 Sample Date: 7/11/2013 Sample Time: 10:13 71Total Bacteria 6 33.4 %6.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 18 70.70 FungiFungi Fungal Colony 12 141 66.6 %141.00Lab Sample #:84004 Sample Date: 7/11/2013 Sample Time: 10:17 141Total Fungi 12 66.6 %0.0012.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 19 141.00 00070.7 00141 Unit: N/A Zone: 3rd Floor Room 330 Testsite: N/A Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : 1.00 : 1 282 100% Bacteria Bacterial Colony 14112 50.0 %141.00 BacteriaLab Sample #:84117 Sample Date: 7/11/2013 Sample Time: 11:20 141Total Bacteria 12 50.0 %12.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 132 141.00 FungiFungi Fungal Colony 12 141 50.0 %141.00Lab Sample #:84118 Sample Date: 7/11/2013 Sample Time: 11:24 141Total Fungi 12 50.0 %0.0012.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 133 141.00 00141 00141 CFU/m³ = Colony Forming Units per cubic meter of air BDL = Below Detection Limit N/A = Not Applicable The results in this report apply only to the sample(s) specifically listed above and tested at Environmental Diagnostics Laboratory. Unless otherwise noted, samples were received in good condition. Laboratory-prepared Quality Control (QC) samples are analyzed with the samples routinely; however, unless a blank (control) is received, the result for the control is not compared. Quantitative data is based on 3 significant figures; Grand Total may not equal 100% due to rounding.Rajiv R. Sahay, Ph.D. . © Copyright 1996-2011, Environmental Diagnostics Laboratory Approved By : ___________ Quality Controlled By : ___________ Microbiology: Bioaerosol - Bacteria/Fungi Identification: Page 10 of 15 Method of Analysis: EDLAB SOP-7/04001 Blank Blank Blank pg.71 Laboratory Analysis Report Bacteria / Fungi Identified From Culture Client : Lebolo Construction Management, Inc Jobsite : Fort Lauderdale Federal Courthouse Location : 299 Broward Blvd PACS ID # : 06141 W ork Order # : 015831 Location of Test Sample Information Isolated Organisms Date Issued : 7/15/2013 Project Date : 7/10/2013 EDL Unit: N/A Zone: 3rd Floor Suite 324 Testsite: N/A Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : 00.18 : 1 907 100% Bacteria Bacterial Colony 14112 15.5 %141.00 BacteriaLab Sample #:84007 Sample Date: 7/11/2013 Sample Time: 10:38 141Total Bacteria 12 15.5 %12.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 22 141.00 FungiFungi Fungal Colony 65 766 84.5 %766.00Lab Sample #:84008 Sample Date: 7/11/2013 Sample Time: 10:42 766Total Fungi 65 84.5 %0.0065.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 23 766.00 00141 00766 Unit: N/A Zone: 3rd Flr Suite 324 Fr Testsite: Front Office Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : 00.48 : 1 435 100% Bacteria Bacterial Colony 14112 32.4 %141.00 BacteriaLab Sample #:84012 Sample Date: 7/11/2013 Sample Time: 10:54 141Total Bacteria 12 32.4 %12.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 27 141.00 FungiFungi Fungal Colony 25 294 67.6 %294.00Lab Sample #:84013 Sample Date: 7/11/2013 Sample Time: 10:58 294Total Fungi 25 67.6 %0.0025.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 28 294.00 00141 00294 CFU/m³ = Colony Forming Units per cubic meter of air BDL = Below Detection Limit N/A = Not Applicable The results in this report apply only to the sample(s) specifically listed above and tested at Environmental Diagnostics Laboratory. Unless otherwise noted, samples were received in good condition. Laboratory-prepared Quality Control (QC) samples are analyzed with the samples routinely; however, unless a blank (control) is received, the result for the control is not compared. Quantitative data is based on 3 significant figures; Grand Total may not equal 100% due to rounding.Rajiv R. Sahay, Ph.D. . © Copyright 1996-2011, Environmental Diagnostics Laboratory Approved By : ___________ Quality Controlled By : ___________ Microbiology: Bioaerosol - Bacteria/Fungi Identification: Page 11 of 15 Method of Analysis: EDLAB SOP-7/04001 Blank Blank Blank pg.72 Laboratory Analysis Report Bacteria / Fungi Identified From Culture Client : Lebolo Construction Management, Inc Jobsite : Fort Lauderdale Federal Courthouse Location : 299 Broward Blvd PACS ID # : 06141 W ork Order # : 015831 Location of Test Sample Information Isolated Organisms Date Issued : 7/15/2013 Project Date : 7/10/2013 EDL Unit: N/A Zone: 4th Floor Room #408 Testsite: N/A Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : 00.58 : 1 223 100% Bacteria Bacterial Colony 827 36.9 %82.40 BacteriaLab Sample #:83991 Sample Date: 7/11/2013 Sample Time: 10:30 82Total Bacteria 7 36.9 %7.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 6 82.40 FungiFungi Fungal Colony 12 141 63.1 %141.00Lab Sample #:83992 Sample Date: 7/11/2013 Sample Time: 10:34 141Total Fungi 12 63.1 %0.0012.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 7 141.00 00082.4 00141 Unit: N/A Zone: Outside Air Testsite: 4th Floor Patio Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : 2.72 : 1 306 100% Bacteria Bacterial Colony 22419 73.1 %224.00 BacteriaLab Sample #:83988 Sample Date: 7/11/2013 Sample Time: 8:58 224Total Bacteria 19 73.1 %19.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 3 224.00 FungiFungiLab Sample #:83989 Sample Date: 7/11/2013 Sample Time: 9:52 N/ATotal Fungi N/A -0.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 4 00224 00082.4 CFU/m³ = Colony Forming Units per cubic meter of air BDL = Below Detection Limit N/A = Not Applicable The results in this report apply only to the sample(s) specifically listed above and tested at Environmental Diagnostics Laboratory. Unless otherwise noted, samples were received in good condition. Laboratory-prepared Quality Control (QC) samples are analyzed with the samples routinely; however, unless a blank (control) is received, the result for the control is not compared. Quantitative data is based on 3 significant figures; Grand Total may not equal 100% due to rounding.Rajiv R. Sahay, Ph.D. . © Copyright 1996-2011, Environmental Diagnostics Laboratory Approved By : ___________ Quality Controlled By : ___________ Microbiology: Bioaerosol - Bacteria/Fungi Identification: Page 12 of 15 Method of Analysis: EDLAB SOP-7/04001 Blank Blank blank blank Blank blank pg.73 Laboratory Analysis Report Bacteria / Fungi Identified From Culture Client : Lebolo Construction Management, Inc Jobsite : Fort Lauderdale Federal Courthouse Location : 299 Broward Blvd PACS ID # : 06141 W ork Order # : 015831 Location of Test Sample Information Isolated Organisms Date Issued : 7/15/2013 Project Date : 7/10/2013 EDL Unit: N/A Zone: Outside Air Testsite: 4th Floor Patio Blank Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : N/A BDL - BacteriaBacteriaLab Sample #:83986 Sample Date: 7/11/2013 Sample Time: 8:50 BDLTotal Bacteria BDL -0.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 1 Detection Limit* : 12 CFU/m³ (Flow rate: 28.30 lpm, Exposure Time: 3 minutes) *Detection limits may vary with flow rate, exposure time and the type of impactor. BDL FungiFungiLab Sample #:83987 Sample Date: 7/11/2013 Sample Time: 8:54 BDLTotal Fungi BDL -0.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 2 Detection Limit* : 12 CFU/m³ (Flow rate: 28.30 lpm, Exposure Time: 3 minutes) *Detection limits may vary with flow rate, exposure time and the type of impactor. BDL BDL Unit: N/A Zone: Outside Air Testsite: Room 320 Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : 1.22 : 1 2,150 100% Bacteria Bacterial Colony 1,180100 55.0 %1,180.00 BacteriaLab Sample #:84114 Sample Date: 7/11/2013 Sample Time: 11:04 1,180Total Bacteria 100 55.0 %100.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 129 1,180.00 FungiFungi Fungal Colony 82 966 45.0 %966.00Lab Sample #:84115 Sample Date: 7/11/2013 Sample Time: 11:08 966Total Fungi 82 45.0 %0.0082.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 130 966.00 01180 00966 CFU/m³ = Colony Forming Units per cubic meter of air BDL = Below Detection Limit N/A = Not Applicable The results in this report apply only to the sample(s) specifically listed above and tested at Environmental Diagnostics Laboratory. Unless otherwise noted, samples were received in good condition. Laboratory-prepared Quality Control (QC) samples are analyzed with the samples routinely; however, unless a blank (control) is received, the result for the control is not compared. Quantitative data is based on 3 significant figures; Grand Total may not equal 100% due to rounding.Rajiv R. Sahay, Ph.D. . © Copyright 1996-2011, Environmental Diagnostics Laboratory Approved By : ___________ Quality Controlled By : ___________ Microbiology: Bioaerosol - Bacteria/Fungi Identification: Page 13 of 15 Method of Analysis: EDLAB SOP-7/04001 Blank Blank Blank pg.74 Laboratory Analysis Report Bacteria / Fungi Identified From Culture Client : Lebolo Construction Management, Inc Jobsite : Fort Lauderdale Federal Courthouse Location : 299 Broward Blvd PACS ID # : 06141 W ork Order # : 015831 Location of Test Sample Information Isolated Organisms Date Issued : 7/15/2013 Project Date : 7/10/2013 EDL Unit: N/A Zone: Outside Air Suite 30 Testsite: N/A Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : N/A 471 100% BacteriaBacteriaLab Sample #:84086 Sample Date: 7/11/2013 Sample Time: 17:44 BDLTotal Bacteria BDL -0.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 101 Detection Limit* : 12 CFU/m³ (Flow rate: 28.30 lpm, Exposure Time: 3 minutes) *Detection limits may vary with flow rate, exposure time and the type of impactor. BDL FungiFungi Fungal Colony 40 471 100 %471.00Lab Sample #:84087 Sample Date: 7/11/2013 Sample Time: 17:48 471Total Fungi 40 100 %0.0040.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 102 471.00 00471 Unit: N/A Zone: Room 314-Credit Unio Testsite: Blank Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : N/A BDL - BacteriaBacteriaLab Sample #:84103 Sample Date: 7/11/2013 Sample Time: 9:52 BDLTotal Bacteria BDL -0.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 118 Detection Limit* : 12 CFU/m³ (Flow rate: 28.30 lpm, Exposure Time: 3 minutes) *Detection limits may vary with flow rate, exposure time and the type of impactor. BDL FungiFungiLab Sample #:84104 Sample Date: 7/11/2013 Sample Time: 9:54 BDLTotal Fungi BDL -0.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 119 Detection Limit* : 12 CFU/m³ (Flow rate: 28.30 lpm, Exposure Time: 3 minutes) *Detection limits may vary with flow rate, exposure time and the type of impactor. BDL BDL CFU/m³ = Colony Forming Units per cubic meter of air BDL = Below Detection Limit N/A = Not Applicable The results in this report apply only to the sample(s) specifically listed above and tested at Environmental Diagnostics Laboratory. Unless otherwise noted, samples were received in good condition. Laboratory-prepared Quality Control (QC) samples are analyzed with the samples routinely; however, unless a blank (control) is received, the result for the control is not compared. Quantitative data is based on 3 significant figures; Grand Total may not equal 100% due to rounding.Rajiv R. Sahay, Ph.D. . © Copyright 1996-2011, Environmental Diagnostics Laboratory Approved By : ___________ Quality Controlled By : ___________ Microbiology: Bioaerosol - Bacteria/Fungi Identification: Page 14 of 15 Method of Analysis: EDLAB SOP-7/04001 Blank Blank Blank pg.75 Laboratory Analysis Report Bacteria / Fungi Identified From Culture Client : Lebolo Construction Management, Inc Jobsite : Fort Lauderdale Federal Courthouse Location : 299 Broward Blvd PACS ID # : 06141 W ork Order # : 015831 Location of Test Sample Information Isolated Organisms Date Issued : 7/15/2013 Project Date : 7/10/2013 EDL Unit: N/A Zone: Room 314-Credit Unio Testsite: N/A Run #: 1 Identification Raw Count CFU/m³ % of Total Sample Type: Air Total Microorganisms :B:F Ratio : 3.26 : 1 600 100% Bacteria Bacterial Colony 45939 76.5 %459.00 BacteriaLab Sample #:84105 Sample Date: 7/11/2013 Sample Time: 9:58 459Total Bacteria 39 76.5 %39.000.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 120 459.00 FungiFungi Fungal Colony 12 141 23.5 %141.00Lab Sample #:84106 Sample Date: 7/11/2013 Sample Time: 10:02 141Total Fungi 12 23.5 %0.0012.00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 Field Sample #: 121 141.00 00459 00141 CFU/m³ = Colony Forming Units per cubic meter of air BDL = Below Detection Limit N/A = Not Applicable The results in this report apply only to the sample(s) specifically listed above and tested at Environmental Diagnostics Laboratory. Unless otherwise noted, samples were received in good condition. Laboratory-prepared Quality Control (QC) samples are analyzed with the samples routinely; however, unless a blank (control) is received, the result for the control is not compared. Quantitative data is based on 3 significant figures; Grand Total may not equal 100% due to rounding.Rajiv R. Sahay, Ph.D. . © Copyright 1996-2011, Environmental Diagnostics Laboratory Approved By : ___________ Quality Controlled By : ___________ Microbiology: Bioaerosol - Bacteria/Fungi Identification: Page 15 of 15 Method of Analysis: EDLAB SOP-7/04001 Blank Blank Blank pg.76 Laboratory Analysis Report Bacteria / Fungi Identified From Culture PACS ID # : 06141Client : W ork Order # : 015831Jobsite : Location : Project Date : 7/10/2013 Date Issued : 7/15/2013 Location of Test Sample Information Isolated Organisms EDL Zone: 1st Floor Rm 112 A(1 Test Site: Front Open Space - Carpet Run #: 1 Sample Type: Bulk Unit: N/A Bacteria Bacterial Colony 9,10091 100 %09100 Fungi Lab Sample #:84021 Sample Date: 7/11/2013 Sample Time: 11:15 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 9,100Total Bacteria 91 100 % Field Sample #: 36 09100 00091 BDL 00000 BDLTotal Fungi BDL - Identification Raw Count CFU/gm % of Total 09100 B:F Ratio : N/A Total Microorganisms : 9,10091 100 % Zone: 1st Floor Room 140 Test Site: n/a Run #: 1 Sample Type: Bulk Unit: N/A Bacteria Bacterial Colony 1,510151 100 %01510 Fungi Lab Sample #:84080 Sample Date: 7/11/2013 Sample Time: 17:04 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 1,510Total Bacteria 151 100 % Field Sample #: 95 01510 00151 BDL 00000 BDLTotal Fungi BDL - Identification Raw Count CFU/gm % of Total 01510 B:F Ratio : N/A Total Microorganisms : 1,510151 100 % Zone: 1st Floor Room 141 Test Site: n/a Run #: 1 Sample Type: Bulk Unit: N/A Bacteria Bacterial Colony 1,500150 100 %01500 Fungi Lab Sample #:84085 Sample Date: 7/11/2013 Sample Time: 17:16 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 1,500Total Bacteria 150 100 % Field Sample #: 100 01500 00150 BDL 00000 BDLTotal Fungi BDL - Identification Raw Count CFU/gm % of Total 01500 B:F Ratio : N/A Total Microorganisms : 1,500150 100 % Microbiology - Bacteria/Fungi Identification: Page 1 of 5 Quality Controlled By : ___________ Approved By : ___________ © Copyright 1996-2011, Environmental Diagnostics Laboratory . Rajiv R. Sahay, Ph.D. The results in this report apply only to the sample(s) specifically listed above and tested at Environmental Diagnostics Laboratory. Unless otherwise noted, samples were received in good condition. Laboratory-prepared Quality Control (QC) samples are analyzed with the samples routinely; however, unless a blank (control) is received, the result for the control is not compared. Quantitative data is based on 3 significant figures; Grand Total may not equal 100% due to rounding. CFU = Colony Forming Units CFU/gm = Colony Forming Units per gram of sample CFU/ml = Colony Forming Units per milliliter of sample CFU/cm² = Colony Forming Units per square centimeter of sample BDL = Below Detectable Limit: Detection Limit = 1 CFU N/A = Not Applicable Method of Analysis: Bacteria: EDLAB SOP-7/07001, Fungi: EDLAB SOP-7/08001 Blank pg.77 Laboratory Analysis Report Bacteria / Fungi Identified From Culture PACS ID # : 06141Client : Lebolo Construction Management, Inc W ork Order # : 015831Jobsite : Fort Lauderdale Federal Courthouse Location : 299 Broward Blvd Project Date : 7/10/2013 Date Issued : 7/15/2013 Location of Test Sample Information Isolated Organisms EDL Zone: 2nd Floor 205 G1- Con Test Site: Carpet Run #: 1 Sample Type: Bulk Unit: N/A Bacteria Bacterial Colony 23,00023 100 %23000 Fungi Lab Sample #:84041 Sample Date: 7/11/2013 Sample Time: 14:00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 23,000Total Bacteria 23 100 % Field Sample #: 56 23000 00023 BDL 00000 BDLTotal Fungi BDL - Identification Raw Count CFU/gm % of Total 23000 B:F Ratio : N/A Total Microorganisms : 23,00023 100 % Zone: 2nd Floor 205 G1- Con Test Site: Chair Fabric Run #: 1 Sample Type: Bulk Unit: N/A Bacteria Bacterial Colony 9009 100 %00900 Fungi Lab Sample #:84042 Sample Date: 7/11/2013 Sample Time: 14:04 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 900Total Bacteria 9 100 % Field Sample #: 57 00900 00009 BDL 00000 BDLTotal Fungi BDL - Identification Raw Count CFU/gm % of Total 00900 B:F Ratio : N/A Total Microorganisms : 9009 100 % Zone: 2nd Floor 205 G3 Lib Test Site: Carpet Run #: 1 Sample Type: Bulk Unit: N/A Bacteria Bacterial Colony 73073 100 %00730 Fungi Lab Sample #:84051 Sample Date: 7/11/2013 Sample Time: 14:25 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 730Total Bacteria 73 100 % Field Sample #: 66 00730 00073 BDL 00000 BDLTotal Fungi BDL - Identification Raw Count CFU/gm % of Total 00730 B:F Ratio : N/A Total Microorganisms : 73073 100 % Microbiology - Bacteria/Fungi Identification: Page 2 of 5 Quality Controlled By : ___________ Approved By : ___________ © Copyright 1996-2011, Environmental Diagnostics Laboratory . Rajiv R. Sahay, Ph.D. The results in this report apply only to the sample(s) specifically listed above and tested at Environmental Diagnostics Laboratory. Unless otherwise noted, samples were received in good condition. Laboratory-prepared Quality Control (QC) samples are analyzed with the samples routinely; however, unless a blank (control) is received, the result for the control is not compared. Quantitative data is based on 3 significant figures; Grand Total may not equal 100% due to rounding. CFU = Colony Forming Units CFU/gm = Colony Forming Units per gram of sample CFU/ml = Colony Forming Units per milliliter of sample CFU/cm² = Colony Forming Units per square centimeter of sample BDL = Below Detectable Limit: Detection Limit = 1 CFU N/A = Not Applicable Method of Analysis: Bacteria: EDLAB SOP-7/07001, Fungi: EDLAB SOP-7/08001 Blank pg.78 Laboratory Analysis Report Bacteria / Fungi Identified From Culture PACS ID # : 06141Client : Lebolo Construction Management, Inc W ork Order # : 015831Jobsite : Fort Lauderdale Federal Courthouse Location : 299 Broward Blvd Project Date : 7/10/2013 Date Issued : 7/15/2013 Location of Test Sample Information Isolated Organisms EDL Zone: 2nd Floor Room 203D- Test Site: Carpet Run #: 1 Sample Type: Bulk Unit: N/A Bacteria Bacterial Colony 2,30023 100 %02300 Fungi Lab Sample #:84075 Sample Date: 7/11/2013 Sample Time: 16:31 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 2,300Total Bacteria 23 100 % Field Sample #: 90 02300 00023 BDL 00000 BDLTotal Fungi BDL - Identification Raw Count CFU/gm % of Total 02300 B:F Ratio : N/A Total Microorganisms : 2,30023 100 % Zone: 2nd Floor Room 207A Test Site: Carpet - Center Room Run #: 1 Sample Type: Bulk Unit: N/A Bacteria Bacterial Colony 8,90089 100 %08900 Fungi Lab Sample #:84056 Sample Date: 7/11/2013 Sample Time: 15:01 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 8,900Total Bacteria 89 100 % Field Sample #: 71 08900 00089 BDL 00000 BDLTotal Fungi BDL - Identification Raw Count CFU/gm % of Total 08900 B:F Ratio : N/A Total Microorganisms : 8,90089 100 % Zone: 3rd Floor 320B Test Site: Carpet Run #: 1 Sample Type: Bulk Unit: N/A Bacteria Bacterial Colony 6,90069 100 %06900 Fungi Lab Sample #:84032 Sample Date: 7/11/2013 Sample Time: 13:10 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 6,900Total Bacteria 69 100 % Field Sample #: 47 06900 00069 BDL 00000 BDLTotal Fungi BDL - Identification Raw Count CFU/gm % of Total 06900 B:F Ratio : N/A Total Microorganisms : 6,90069 100 % Microbiology - Bacteria/Fungi Identification: Page 3 of 5 Quality Controlled By : ___________ Approved By : ___________ © Copyright 1996-2011, Environmental Diagnostics Laboratory . Rajiv R. Sahay, Ph.D. The results in this report apply only to the sample(s) specifically listed above and tested at Environmental Diagnostics Laboratory. Unless otherwise noted, samples were received in good condition. Laboratory-prepared Quality Control (QC) samples are analyzed with the samples routinely; however, unless a blank (control) is received, the result for the control is not compared. Quantitative data is based on 3 significant figures; Grand Total may not equal 100% due to rounding. CFU = Colony Forming Units CFU/gm = Colony Forming Units per gram of sample CFU/ml = Colony Forming Units per milliliter of sample CFU/cm² = Colony Forming Units per square centimeter of sample BDL = Below Detectable Limit: Detection Limit = 1 CFU N/A = Not Applicable Method of Analysis: Bacteria: EDLAB SOP-7/07001, Fungi: EDLAB SOP-7/08001 blank Blank blank pg.79 Laboratory Analysis Report Bacteria / Fungi Identified From Culture PACS ID # : 06141Client : Lebolo Construction Management, Inc W ork Order # : 015831Jobsite : Fort Lauderdale Federal Courthouse Location : 299 Broward Blvd Project Date : 7/10/2013 Date Issued : 7/15/2013 Location of Test Sample Information Isolated Organisms EDL Zone: 3rd Floor Room 330 Test Site: n/a Run #: 1 Sample Type: Bulk Unit: N/A Bacteria Bacterial Colony 1,20012 100 %01200 Fungi Lab Sample #:84121 Sample Date: 7/11/2013 Sample Time: 11:27 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 1,200Total Bacteria 12 100 % Field Sample #: 136 01200 00012 BDL 00000 BDLTotal Fungi BDL - Identification Raw Count CFU/gm % of Total 01200 B:F Ratio : N/A Total Microorganisms : 1,20012 100 % Zone: 3rd Floor Suite 324 Test Site: Carpet Run #: 1 Sample Type: Bulk Unit: N/A Bacteria Bacterial Colony 2,60026 100 %02600 Fungi Lab Sample #:84011 Sample Date: 7/11/2013 Sample Time: 10:46 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 2,600Total Bacteria 26 100 % Field Sample #: 26 02600 00026 BDL 00000 BDLTotal Fungi BDL - Identification Raw Count CFU/gm % of Total 02600 B:F Ratio : N/A Total Microorganisms : 2,60026 100 % Zone: 3rd Flr Suite 324 Fr Test Site: N/A Run #: 1 Sample Type: Bulk Unit: N/A Bacteria Bacterial Colony 5,00050 100 %05000 Fungi Lab Sample #:84016 Sample Date: 7/11/2013 Sample Time: 11:00 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 5,000Total Bacteria 50 100 % Field Sample #: 31 05000 00050 BDL 00000 BDLTotal Fungi BDL - Identification Raw Count CFU/gm % of Total 05000 B:F Ratio : N/A Total Microorganisms : 5,00050 100 % Microbiology - Bacteria/Fungi Identification: Page 4 of 5 Quality Controlled By : ___________ Approved By : ___________ © Copyright 1996-2011, Environmental Diagnostics Laboratory . Rajiv R. Sahay, Ph.D. The results in this report apply only to the sample(s) specifically listed above and tested at Environmental Diagnostics Laboratory. Unless otherwise noted, samples were received in good condition. Laboratory-prepared Quality Control (QC) samples are analyzed with the samples routinely; however, unless a blank (control) is received, the result for the control is not compared. Quantitative data is based on 3 significant figures; Grand Total may not equal 100% due to rounding. CFU = Colony Forming Units CFU/gm = Colony Forming Units per gram of sample CFU/ml = Colony Forming Units per milliliter of sample CFU/cm² = Colony Forming Units per square centimeter of sample BDL = Below Detectable Limit: Detection Limit = 1 CFU N/A = Not Applicable Method of Analysis: Bacteria: EDLAB SOP-7/07001, Fungi: EDLAB SOP-7/08001 Blank pg.80 Laboratory Analysis Report Bacteria / Fungi Identified From Culture PACS ID # : 06141Client : Lebolo Construction Management, Inc W ork Order # : 015831Jobsite : Fort Lauderdale Federal Courthouse Location : 299 Broward Blvd Project Date : 7/10/2013 Date Issued : 7/15/2013 Location of Test Sample Information Isolated Organisms EDL Zone: Room 314-Credit Unio Test Site: Carpet Run #: 1 Sample Type: Bulk Unit: N/A Bacteria Bacterial Colony 32,000320 100 %32000 Fungi Lab Sample #:84109 Sample Date: 7/11/2013 Sample Time: 10:10 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 32,000Total Bacteria 320 100 % Field Sample #: 124 32000 00320 BDL 00000 BDLTotal Fungi BDL - Identification Raw Count CFU/gm % of Total 32000 B:F Ratio : N/A Total Microorganisms : 32,000320 100 % Zone: Room 408 Test Site: Carpet Run #: 1 Sample Type: Bulk Unit: N/A Bacteria Bacterial Colony 14,000140 100 %14000 Fungi Lab Sample #:84166 Sample Date: 7/11/2013 Sample Time: 21:15 Date Lab Rec'd.: 7/13/2013 Date Analyzed: 7/16/2013 14,000Total Bacteria 140 100 % Field Sample #: 181 14000 00140 BDL 00000 BDLTotal Fungi BDL - Identification Raw Count CFU/gm % of Total 14000 B:F Ratio : N/A Total Microorganisms : 14,000140 100 % Microbiology - Bacteria/Fungi Identification: Page 5 of 5 Quality Controlled By : ___________ Approved By : ___________ © Copyright 1996-2011, Environmental Diagnostics Laboratory . Rajiv R. Sahay, Ph.D. The results in this report apply only to the sample(s) specifically listed above and tested at Environmental Diagnostics Laboratory. Unless otherwise noted, samples were received in good condition. Laboratory-prepared Quality Control (QC) samples are analyzed with the samples routinely; however, unless a blank (control) is received, the result for the control is not compared. Quantitative data is based on 3 significant figures; Grand Total may not equal 100% due to rounding. CFU = Colony Forming Units CFU/gm = Colony Forming Units per gram of sample CFU/ml = Colony Forming Units per milliliter of sample CFU/cm² = Colony Forming Units per square centimeter of sample BDL = Below Detectable Limit: Detection Limit = 1 CFU N/A = Not Applicable Method of Analysis: Bacteria: EDLAB SOP-7/07001, Fungi: EDLAB SOP-7/08001 Blank pg.81 METHODS Microbiology: To quantify the extent of airborne microbial contamination, an Anderson N6 single-stage cascade impactor was employed. The impactor was sanitized with Isopropyl alcohol at each test site prior to sampling. Collection was performed at a flow rate of 28 liters per minute. This rate was verified in the field utilizing an in line flowmeter manufactured by Dwyer Instruments, Inc. Malt Extract Agar (MEA) and Tryptic Soy Agar (TSA) media were used respectively to culture and determine fungal and bacterial counts. Cultures were properly sealed with parafilm tape and safely transported to the laboratory in a thermally protected container. Culture plates were incubated up to five days at 25 C for fungi, and up to three days, at 30C for bacteria. (14 days at 25C for fungi, and seven days at 30C for bacteria for characterization and speciation). Results were reported in colony forming units per cubic meter of air (CFU/m 3). Bulk samples were collected with appropriate aseptic techniques, placed into sealable bags and transported to the laboratory in a thermally protected container. Samples were processed by dilution of suspended pre-weighted specimen and plated to appropriate media. The same media and incuba tion parameters were employed as with bioaerosol cultures. Reports were quantitative and expressed as colony forming units per gram (CFU/gm) of the original specimens. Microscopy: Countable bioaerosols concentrations were determined by Microscopy using two procedures: Spore Trap Assays and Tape Lift Preparations. Spore Trap Assays (Air-O-Cell cassettes) employ a gel-coated glass slide inside an air sampling cassette and a constant flow pump calibrated at 15 liters per minute. This rate was verified in the field utilizing an in line flowmeter. Air was passed over the coated slide causing airborne particles to adhere to the gel. Direct microscopy evaluation at 200X and 400X magnification of stained gels provided insight into the composition and identification of the airborne particles. Results were reported in counts per cubic meter of air (cts/m 3). Surface Tape Preparations (Bioscan) provided insight into the identification and composition of surface pollutants. Clear adhesive tape was applied to the surface of interest and then transferred to a microscope slide. Microscopy evaluations were conducted at 200X and 400X magnification of the trapped particles. The results were reported as counts per square centimeter (cts/cm²). pg.82 METHODS (continued) Temperature, Relative Humidity, and Carbon Dioxide: Real time measurements of temperature, relative humidity, carbon dioxide were obtained using a TSI Data Logger Model #9565 -P. Prior to using, the instrume nt values were compared against a Bacharach Model U4Q (12 -7011) Sling Psychrometer and Sensidyne Gastec colorimetric tubes. Respirable-size Particle Counts: FTA Respirable-size particle counts were determined using a Las er Diode Particle Counter manufactured by ParticleScan Pro. Calibration was checked in the field using a purge filter. Cumulative counts for particle range of 0.3, 0.5, 1, 2, and 5 microns were reported as total particles per liter of air p/l. Mechanical and Building Hygiene Assessments : Hygiene assessments of the heating, venting and air -conditioning (HVAC) equipment and building environment were completed by qualified technical personnel. Photographic documentation was pr ovided using flash assisted digital technology and color print reproduction. Moisture content levels of different construction materials were completed utilizing a TRAMEX Moisture Encounter along with a Flir B-50 Infrared Camera. The TRAMEX instrument is sensitive to A/C electrical conductivity and radio waves by at least six orders of magnitude when a given material contains moisture. The moisture content is provided on a relative scale (%) and the results are then compared against the readings obtained from materials known to be dry. The instrument provides sensitivity levels for different material such as wood, drywall and masonry plaster. In brief, the Infrared Camera uses a highly specialized technology able to detect the infrared from the electromagnetic spectrum creating images based on the amount of heat energy all objects radiate. pg.83 GUIDELINES FOR INDOOR AIR QUALITY At present, federal, state, or local standards for unacceptable airborne or surface microbial concentrations do not exist, principa lly because some individuals are more susceptible to fungal antigens and the allergenicity of each microbe differs. In most cases however, it is expected the prevalence of indoor species identified from the air be similar or identical to the outdoors, albeit in lower concentrations. The American Industrial Hygiene Association (AIHA) has suggested that dominance of a species in indoor air that is not predominant in outdoor air, is indicative that fungi are growing in the building and that the air has been degraded1. However, negative results cannot necessarily conclude that mold colonization is not present in the building. The Environmental Diagnostics Laboratory (EDL) is an accredited laboratory by the American Industrial Hygiene Association (Environmental Microbiological Laboratory Accreditation Program (EMLAP No. 102795)) and participates in the Environmental Microbiology Proficiency Analytical Test (EMPAT) curriculum.Over the past 18 years, over 123,000 samples have been analyzed and processed in the proprietary database (Computer Assisted Air Management Program: CAAMP) which includes evaluations of over 7,200 buildings, 47,200 test sites, covering 54 states (4/12 ). EDL has recommended the following Indoor Air Quality Guidelines that pertain to non - industrial or non-specialized environments e.g. offices, homes, schools, hotels, assisted living facilities, etc. The guidelines are considered to be representative of “normal” indoor environments and are subject to the investigators discretion to interpre t the environmental conditions based on the sampling results, as well as the conditions that existed at the time of the evaluation. In the event recognized pathogenic microorganisms are detected in any assay, the numeric guidelines play a secondary roll i n the acceptability of the environment and the situation needs to be addressed individually. Culturable Fungi from Air: Airborne fungal concentration and characterization is determined using culture plates. It is expected that the indoor concentration an d types of fungi suspended in the air would be of similar biodiversity but in concentrations of approximately one -third the outdoor air level. However, when the outdoor air concentration is less than 1,050 CFU/m³, the indoor air concentration should be approximately 350 CFU/m³ or less. 1 ACGIH,Bioaerosols-Assessment and Control,American Conference of Governmental Industrial Hygienists, Cincinnati, 1999. pg.84 GUIDELINES FOR INDOOR AIR QUALITY (continued) Culturable Bacteria from Air: Airborne bacterial concentration and characterization is determined using culture plates. It is expected that human and environmental source bacte ria would be present in the indoor air in combined concentrations of approximately 175 CFU/m³. However, when the outdoor air concentration is greater than 525 CFU/m³, the indoor air biodiversity should be similar but in concentrations of approximately one -third of the outdoor air level. Non-Culturable Fungi from Air: The types and concentrations of fungal structures suspended in the air are collected using a non-culturable method known as Spore Trap Assay. This assay is analyzed by direct microscopy to determine the concentration of airborne fungal structures. It is expected that the indoor concentration and types of fungi suspended in the air would be of similar biodiversity but in concentrations of approximately one -third the outdoor air level. However, when the outdoor air concentration is less than 3,000 cts/m³, the indoor air concentrations should be approximately 1000 cts/m³ or less. Culturable Bioaerosols from Bulk Materials: Bulk samples are collected to characterize and quantify the microbial content of a specific material. Concentrations of either bacteria or fungi of 50,000 and 75,000 CFU/gm respectively or greater are considered unacceptable. Fungal Structures from Surface Tape Imprints collected in the Living Space: Surface tape imprints collected within the living space are useful in determining extent of fungal matter settled in the environment. It is expected that surfaces in the living space and where routine maintenance and housekeeping is performed would contain traces of fungal structures of approximately 50 counts per square centimeter (50 cts/cm2). Surfaces containing fungal levels in the range of 51 to 99 ct s/cm² are in transition from an acceptable to unacceptable condition and those containing greater than 100 cts/cm² are abnormally elevated and therefore unacceptable. Fungal Structures from Surface Tape Imprints collected from the Non-Living Space: Surfaces within a building but not in the living space (e.g. overhead spaces, air conveyance systems, wall cavities, etc) are expected to contain higher dust levels than those present in the living spa ce. Fungal structures below 100 cts/cm² are considered normal. Fungal structures concentrations in the range of 101 to 200 are considered in transition from an acceptable to unacceptable condition. Levels greater than 200 cts/cm² suggest the presence of fungal colonization especially if said pg.85 GUIDELINES FOR INDOOR AIR QU ALITY (continued) concentrations reveal spores or any other reproductive/fruiting body including mycelia (fungal hyphal/dematiaceous elements). Respirable-size Particulate: In general, the concentration of respirable-size particles in buildings with good maintenance, air filtration, and acceptable air quality range from 10,000 to 25,000 cts/l. However when the outside air concentrations exceed 75,000 cts/l, the indoor air should contain approximately one-third of the outside air levels. Comfort: There is no specific set of recommended (or enforceable) values for temperature and relative humidity; however, comfort depends principally on these two factors combined. For indoor air quality and health reasons it is recommended that the relative humidity be maintained in the range of 30 to 60%. With some exceptions the temperature in the cooling mode needs to be maintained in the range of 73 to 79 ºF and between 68 to 74 ºF during the winter (see Standard Effective Temperature and ASHRAE Comfort Zone illustration provided for details). Ventilation: Carbon dioxide concentrations were used as surrogate measure to roughly assess the adequacy of the ventilation system. The American Society of Heating, Refrigeration, and Air-conditioning Engineers (ASHRAE) Standard 62.1-2004 suggests that a space with maintained concentrat ions not greater that 700 ppm above outdoor air levels will be properly ventilated with respect to human bioefluents (body odor). Moisture Content: Drywall with moisture readings in the range of 0 to 35% is considered normal. Readings in the range of 35 to 50% suggest a potential problem. Readings above 50% suggest with a reasonable level of certainty that moisture problems exist. pg.86 INDOOR AIR QUALITY CONSIDERATIONS Water is essential to all life, and the chemical reactions that lead to biological growt h depend on an adequate water supply2. Fungi are ubiquitous in the environment, although they particularly thrive in wet or moist environments where there is a nutrient source, and the temperature ranges from 40  to 100F 3. Fungi can grow on surfaces and within pores of building materials and can give rise to odor perception problems and health concerns. Although only a few species of fungi produce toxigenic metabolites that invade living cells and cause infectious disease 4, many of these strains do not routinely produce mycotoxins,5 and the potential to be exposed to such substances is controversial. However, most fungi do produce proteins that are antigenic and can cause hypersensitivity in predisposed individuals 6. Research conducted throughout the world has reported associations between moisture in buildings and fungal contamination7. All building materials contain moisture at some degree; however, the control of excessive moisture is crucial in the prevention of microbial colonization and substrate physical degradation. Limiting the water availability (aw) of materials in buildings to  0.75 (ideally  0.65) should be a primary goal in the prevention of microbial amplification. Maintaining the relative humidity of the ambient air between 30 and 60% does not necessarily guarantee that the building materials are dry and foster no microbial growth. Cold spots and air infiltration tend to reach the dew point and increase the a w sufficiently to support microbial growth. Because aw is such an important factor for microbial growth and survival, the moisture content in building materials is the prime indicator of potential microbial activity. Allergens are any substance of chemical or biological nature that can elicit an immune mediated response, commonly referred to as an allergic reaction or type 1 immediate hypersensitivity. The initial exposure of an individual to an allergen in sufficient concentrations such that manifestation of hypersensitivity occurs in 2 ACGIH,Bioaerosols-Assessment and Control,American Conference of Governmental Industrial Hygienists, Cincinnati, 1999. 3 EPA/NIOSH,Building Air Quality: A guide for Building Owners and Facility Managers,U.S. Government Office, Washington D.C. 1991. 4 Ibid 5 ACGIH,Guidelines for the Assessment of Bioaerosols in the Indoor Environment,American Conference of Governmental Industrial Hygienists, Cincinnati, 1989.6 Burge HA, Airborne Allergenic Fungi – Classification, Nomenclature, and Distribution, Immunol. Clin. Nort Am., 9(2):307.1989. 7 Anonymous, Task Force Update,The Synergist, 10(2)L37, 1999. pg.87 INDOOR AIR QUALITY CONSIDERATIONS (continued) subsequent exposures is called sensitization. As with any other substance the risk of exposure depends on the allergenicity and concentration of the substance, the duration of exposure, and most importantly host susceptibility. Fungal elements, fecal pallets and dried body fragments of dust mites and cockroach, as well as skin dander and saliva from cat are the most common and problematic allergens in indoor environments. Carbon dioxide concentrations are typically measured as a surrogate value to assess outdoor air ventilation rates in occupied buildings. Briefly, in the absence of sources of combustion, the human occupants of a building are the primary generators of carbon dioxide. If a person enters a room the concentration of carbon dioxide w ill begin to rise. If the population of the room remains constant, the concentration of carbon dioxide will eventually stabilize and reach equilibrium. The equilibrium concentration of carbon dioxide in an occupied space is thus a function of the amount of carbon dioxide generated by the occupants and the rate of outdoor air ventilation. Therefore, carbon dioxide concentrations measured in an occupied space can be used as a rough indication of the adequacy of outdoor air ventilation8. The American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) has indicated that, “Comfort (odor) criteria is likely to be satisfied if the ventilation rate is set so that the indoor air concentrations do not rise more than 700 ppm over the outdoor air levels ppm”9. There are several perspectives from authors on the effects of temperature and relative humidity on comfort and health. The American Society of Heating, Refrigeration, and Air-conditioning Engineers (ASHRAE) Standard 55-2010 describes the comfort zone as a range of operative temperatures based on humidity, air speed, metabolic rate, clothing insulation, and radiant temperature in which approximately 80% of the occupants find the environment comfortable. People have varying thermal comfort zones and varying sensitivity to temperature relative humidity and, as such, finding a thermal environment that will suit every one may be virtually impossible. It is important to note that temperatures greater than 76 F have been associated with complaints in offices10. Similarly, the American Conference of Governmental Industrial Hygienists has recommended maintaining relative humidity 8 Environmental Protection Agency (EPA),IAQ Diagnostics: Hands-On Assessment of Building Ventilation and Pollutant Transport (Course Manual), prepared by University of Tulsa, Dept. of Chemical Engineering. 9 ASHRAE Standard 62-1999.Ventilation for Acceptable Indoor Air Quality.Atlanta GA: American Society of Heating, Refrigerating, and Air-Conditioning Engineers, 1989. 10 EPA/NIOSH,Building Air Quality: A guide for Building Owners and Facility Managers,U.S. Government Printing Office, Washington D.C., 1991. pg.88 INDOOR AIR QUALITY CONSIDERATIONS (continued) below 60% throughout the year. Temperature has been reported to be a mo re important factor than relative humidity; however, relative humidities greater than 50% have been reported to be “not very acceptable” in indoor air11. Relative humidity greater than 70% has been associated with microbial growth. ASHRAE Book of Applications recommends design criteria for temperature and relative humidity based on the type of facilities. For instance, they recommend summer (cooling) design conditions for office buildings of 74 to 78 ºF and 50 to 60% relative humidity; and 70 to 74 ºF and 20 to 30% relative humidity for winter (heating). In the Book of Fundamentals, ASHRAE describes the “comfort envelope” in terms of “effective temperature” (ET),which combines the effects of temperature and relative humidity into a single index, so that other environments (with air moving at the same speed) with the same ET should evoke the same thermal response even though they have different temperatures and relative humidities. A standard set of conditions (75 ºF and 50% relative humidity) representative of typical indoor applications is used then to define standard effective temperature (SET) facilitating a “comfort zone” illustrated and titled “Standard Effective Temperature and ASHRAE Comfort Zones” below. For residential applications the Air Conditioning Contractors of America (ACCA) Manual J recommends indoor design conditions for cooling of 75 ºF and 50% relative humidity and 70 ºF for heating. Pure Air recommends that the relative humidity be maintained in the range of 30 to 60% for attaining and maintaining acceptable indoor air quality with respect to microbial activity, allergens, viral infections, allergic rhinitis, asthma, ozone production, odors, etc. and below 70% for the prevention of mold proliferation. 11 Op. cit. Environmental Protection Agency. pg.89 INDOOR AIR QUALITY CONSIDERATIONS (continued) Figure from 2009 ASRAE Book of Fundamentals. pg.90 DISCLAIMERS: The results addressed in this report represent the building environmental conditions at the time the evaluation was undertaken. These conditions my change over the course of time as a result of dynamic and/or seasonal factors such as but not limited to occupancy rates, building operations, mechanical performance, weather, sporulation cycles, etc. Although great care has been taken in the preparation of this document,no warranties, either expressed or implied, are made in connection with the accuracy or completeness of the information contained herein, and no responsibility can be assumed by Environmental Diagnostics Laboratory (EDL) or Pure Air Control Services, Inc.or its affiliates for any claims arising herewith. Pure Air Control Services, Inc. reserves the rights to amend, clarify, rectify, and/or change the opinions rendered in this report as any new information or guidelines become available. Pure Air Control Services, Inc. is not responsible for third party interpretations of this report. pg.91 Criteria No. 4 – Cost of Services to the County Corporate Headquarters, 4911 Creekside Drive, Suite C, Clearwater, FL 33760 Toll Free: 1-800-422-7873 • Email: iaq@pureaircontrols.com • PureAirControls.com PURE AIR CONTROL SERVICES, Inc. FEE SCHEDULE 2018 pg.92 Personnel Category IAQ Personnel Field Work Report Writing Research, Report Writing Depositions & Giving Sworn Testimony Field Work Report Writing Research, Report Writing Depositions & Giving Sworn Testimony Doctorate Scientist (PhD)$165.00 $165.00 $210.00 $250.00 $247.50 $247.50 $315.00 $375.00 Laboratory Manager $150.00 $150.00 $190.00 $225.00 $225.00 $225.00 $285.00 $337.50 Laboratory Supervisor $105.00 $105.00 $135.00 $155.00 $157.50 $157.50 $202.50 $232.50 Master Science Public Health (MSPH)$105.00 $105.00 $135.00 $155.00 $157.50 $157.50 $202.50 $232.50 Laboratory Assistant $85.00 $85.00 $110.00 $130.00 $127.50 $127.50 $165.00 $195.00 Certified IAQ Professional (CIAQP)$125.00 $125.00 $160.00 $190.00 $187.50 $187.50 $240.00 $285.00 Senior Level CIH $105.00 $105.00 $135.00 $155.00 $157.50 $157.50 $202.50 $232.50 Building Scientist $95.00 $95.00 $120.00 $140.00 $142.50 $142.50 $180.00 $210.00 Chemical Engineer $95.00 $95.00 $120.00 $140.00 $142.50 $142.50 $180.00 $210.00 IAQ Diagnostic Technician $95.00 $95.00 $120.00 $140.00 $142.50 $142.50 $180.00 $210.00 Industrial Hygienist $95.00 $95.00 $120.00 $140.00 $142.50 $142.50 $180.00 $210.00 Mechanical Engineer $125.00 $125.00 $160.00 $190.00 $187.50 $187.50 $240.00 $285.00 Senior IAQ Diagnostic Tech.$95.00 $95.00 $120.00 $140.00 $142.50 $142.50 $180.00 $210.00 IAQ Project Supervisor $90.00 $90.00 $115.00 $125.00 $135.00 $135.00 $172.50 $187.50 Project Manager $95.00 $95.00 $120.00 $140.00 $142.50 $142.50 $180.00 $210.00 HVAC/IAQ Specialist $85.00 $85.00 $105.00 $125.00 $127.50 $127.50 $157.50 $187.50 Commercial HVAC Technician $85.00 $85.00 $105.00 $125.00 $127.50 $127.50 $157.50 $187.50 HVAC /Drywall Tech $85.00 $85.00 $105.00 $125.00 $127.50 $127.50 $157.50 $187.50 HVAC/IAQ Technologist $85.00 $85.00 $105.00 $125.00 $127.50 $127.50 $157.50 $187.50 Service Technician $85.00 $85.00 $105.00 $125.00 $127.50 $127.50 $157.50 $187.50 Admin. Support (Technical)$55.00 $55.00 $70.00 $85.00 $82.50 $82.50 $105.00 $127.50 BHC Admin. Support (Technical)$55.00 $55.00 $70.00 $85.00 $82.50 $82.50 $105.00 $127.50 Data Entry $45.00 $45.00 $55.00 $55.00 $67.50 $67.50 $82.50 $82.50 Accounting $35.00 $35.00 $45.00 $55.00 $52.50 $52.50 $67.50 $82.50 Clerical $35.00 $35.00 $45.00 $50.00 $52.50 $52.50 $67.50 $75.00 Doctor (MD)$200.00 $200.00 $250.00 $300.00 $300.00 $300.00 $375.00 $450.00 Principal/Senior Management $125.00 $125.00 $160.00 $190.00 $187.50 $187.50 $240.00 $285.00 Professional Engineer (PE)$150.00 $150.00 $190.00 $225.00 $225.00 $225.00 $285.00 $337.50 MIS Specialist $125.00 $125.00 $160.00 $190.00 $187.50 $187.50 $240.00 $285.00 Volume discounts available on specific analyses. HVAC/IAQ Fiber Optic Imaging Ductwork Inspection with complete video production and photographic imaging by HVAC/IAQ specialist.The rate structure for Fiber Optic Imaging is billed at our Diagnostic Personnel rate schedule. OVERTIME IAQ Services IAQ Expert Witness Building Sciences - Inspecton and TestingBuilding Remediation SciencesAdministrativeOther/Consulting*Note:Per diem, travel and out of pocket expenses are extra and are portal to portal. Rates are hourly. Minimum chargeable rate is one-half day. Rates exclude Weekends and Holidays. Labor Rates Standard Fee Schedule for Collier County Government IAQ Services IAQ Expert Witness Laboratorypg.93 MICROBIOLOGY Bioaerosol: Bacteria, S.S., characterization & quantitation $120.00 per Samples Bioaerosol: Bacteria, Total Colony Count $35.00 per Samples Bioaerosol: Fungi, S.S., characterization & quantitation $90.00 per Samples Bioaerosol: Fungi, Total Colony Count $35.00 per Samples Bulk: Bacteria, characterization & quantitation $120.00 per Samples Bulk: Fungi, characterization & quantitation $90.00 per Samples Bulk: Both Bacteria & Fungi, characterization & quantitation $175.00 per Samples Bulk: Both Bacteria & Fungi, Total Colony Count $90.00 per Samples Bulk: Thermophilic Bacteria & Fungi, character. & quantit.$25.00 per Samples Bulk: Thermophilic Bacteria & Fungi, Total Colony Count $90.00 per Samples Swab: Bacteria, characterization & quantitation $120.00 per Samples Swab: Fungi, characterization & quantitation $90.00 per Samples Swab: Both Bacteria & Fungi, characterization & quantitation $175.00 per Samples Swab: Both Bacteria & Fungi, Total Colony Count $90.00 per Samples Swab: Thermophilic Bacteria & Fungi, character. & quantit.$25.00 per Samples Swab: Thermophilic Bacteria & Fungi, Total Colony Count $90.00 per Samples Water: Bacteria, characterization & quantitation $120.00 per Samples Water: Fungi, characterization & quantitation $90.00 per Samples Water: Both Bacteria & Fungi, character.& quantit.$175.00 per Samples Water: Both Bacteria & Fungi, Total Colony Count $90.00 per Samples Water: Thermophilic Bacteria & Fungi, character. & quantit.$25.00 per Samples Water: Thermophilic Bacteria & Fungi, Total Colony Count $90.00 per Samples Legionella Pneumophila Detection $80.00 per Samples Legionella Pneumophila Detection & Identification $150.00 per Samples Legionella Serotyping/Molecular Detection $262.50 per Samples Mold Spore Screen $69.00 per Samples AHU Mold Spore Screen $58.68 per Samples Fungi Total Count $35.00 per Samples Bacteria Total Count $35.00 per Samples Swab: Bacteria, 3 predom. genus only $64.25 per Samples Swab: Fungi, 3 predom. genus only $71.25 per Samples ALLERGEN ASSAYS Dust Allergen Screen, complete (Mite, Cat, Cockroach)$225.00 per Samples Dustmite, characteriz. & quantitation (Der p 1 & Der f 1)$95.00 per Assays Feline (cat), characterization & quantitation (Fel d 1)$60.00 per Assays Cockroach, characteriz. & quantitation (Bla g 1 & Bla g 2)$95.00 per Assays Endotoxin Assay (LAL)-DO NOT USE_SEE BIOCHEMICAL $100.00 per Assays Dustmite Allergen Screen (RapidTest)$75.00 per Samples Rat Protein Allergen Screen $95.00 per Samples Laboratory Assays Standard Fee Schedule for Collier County Government pg.94 House Dust Allergen Assay $176.25 per Assays Allergen Screen, MARIA 5-Plex $162.00 per Assays PARTICULATE ANALYSIS Microscopic Particle Assay (SporeTrap)$65.00 per Assays Microscopic Particle Assay (SporeTrap), Fungi Only $39.00 per Assays Microscopic Particle Assay (SporeTrap), 24 hr. TAT $97.50 per Assays Microscopic Particle Assay (SporeTrap), Fungi Only, 24 hr. TAT $58.50 per Assays Microscopic Particle Assay (SporeTrap), Fungi Only, Same-Day TAT $78.00 per Assays Microscopic Particle Assay (SporeTrap), Same-Day TAT $130.00 per Assays Transparent Adhesive Imprint (STP)$35.00 per Assays Transparent Adhesive Imprint (STP), Fungi Only $25.00 per Assays Transparent Adhesive Imprint (STP), 24 hr. TAT $52.50 per Assays Transparent Adhesive Imprint (STP), Fungi Only, 24 hr. TAT $37.50 per Assays Transparent Adhesive Imprint (STP), Fungi, Same Day TAT $50.00 per Assays Transparent Adhesive Imprint (STP), Same-Day TAT $70.00 per Assays Wet Mount Prep $35.00 per Assays PACS VT $25.00 per Assays Gravimetric Analysis $45.00 per Samples Laser Diode Particle Analysis (Respirable Differential)$20.00 per Samples Multiple Parameter Analysis (MPA)$200.00 per Days Particle Mass (PM10)$35.00 per Samples TapePrep Assay $35.00 per Assays TapePrep Assay, Fungi Only $25.00 per Assays TapePrep Assay, 24 hr. TAT $52.50 per Assays TapePrep Assay, Fungi Only, 24 hr. TAT $37.50 per Assays TapePrep Assay - Fiberglass $52.50 per Assays CHEMICAL/BIOCHEMICAL ASSAYS Carbon Monoxide (CO)$35.00 per Samples Carbon Dioxide (CO2)$5.00 per Samples Ozone $35.00 per Samples Formaldehyde - Instant Field Reading $35.00 per Samples Pesticide $230.00 per Samples Volatile Organic Compounds (VOC) :$220.00 per Samples Total Volatile Organic Compounds (TVOC)$100.00 per Samples Quality Control V.O.C. (Blanks) (QC VOC)$50.00 per Samples Heavy Metal Analysis $210.00 per Samples Methane/Hydrogen Sulfide Analysis $210.00 per Samples Chemical Profile $325.00 per Samples Mycotoxin: Trichothecenes $84.75 per Samples Rat Protein Allergen Test $95.00 per Samples Nitrogen Dioxide $35.00 per Samples Sulfur Dioxide $35.00 per Samples pH $25.00 per Assays Formaldehyde - HPLC Method $75.00 per Samples Endotoxin $100.00 per Samples Diphenylmethane Diisocyanate $352.00 per Assays TO15 $350.00 per Assays pg.95 Field Work Expenses Company Car $0.42 per Miles Per Diem $32.00 per Persons, per Days All other travel expenses TBD per day, each, gal, etc. COMFORT, VENTILATION AND PRESSURIZATION Temperature Reading $5.00 per Samples Relative Humidity (RH) Reading $5.00 per Samples HOBO Datalogger Probe Monitoring (Temp. & Relative Humidity)$50.00 per Probes Relative Pressurization Analysis $5.00 per Readings Air Mixture and Flow Determination $5.00 per Readings Thermal Comfort Test Kit $50.00 per Samples Shortridge Flowhood Balometer: R/A or S/A < 24" x 24"$5.00 per Samples Shortridge Flowhood Balometer: R/A or S/A > 24" x 24"$5.00 per Samples Photo Documentation TBD per Pages, x3 Thermography - Infrared Imaging $50.00 per Each EQUIPMENT USAGE Dehumidifier, daily rate $35.00 per Units, per Days Dehumidifier, weekly rate $125.00 per Units, per Weeks Dehumidifier, monthly rate $500.00 per Units, per Month HEPA Vacuum wet/dry, daily rate $40.00 per Units, per Days HEPA Vacuum wet/dry, weekly rate $150.00 per Units, per Weeks HEPA Vacuum wet/dry, monthly rate $600.00 per Units, per Month Negative Air Machine 2000, daily rate $40.00 per Units, per Days Negative Air Machine 2000, weekly rate $150.00 per Units, per Weeks Negative Air Machine 2000, monthly rate $600.00 per Units, per Months Negative Air Machine - 5-6K CFM, weekly rate $175.00 per Units, per Weeks Blowers/Air Movers, daily rate $32.00 per Units, per Days Blowers/Air Movers, weekly rate $125.00 per Units, per Weeks Compressor, daily rate $32.50 per Units, per Days Compressor, weekly rate $115.00 per Units, per Weeks Backpack Vacuum, daily rate $20.00 per Units, per Days Backpack Vacuum, weekly rate $75.00 per Units, per Weeks Paint Sprayer - Airless, daily rate $30.00 per Units, per Days Paint Sprayer - Airless, weekly rate $100.00 per Units, per Weeks Hot/Steam Coil Cleaning Machine, daily rate $95.00 per Units, per Days Hot/Steam Coil Cleaning Machine, weekly rate $375.00 per Units, per Weeks Pressure Washer - Cold, daily rate $30.00 per Units, per Days Pressure Washer - Cold, weeekly rate $100.00 per Units, per Weeks Field Expenses, Monitoring and Equipment Services Standard Fee Schedule for Collier County Government pg.96 High Volume/Low Pressure Coil Cleaner, daily rate $30.00 per Units, per Days High Volume/Low Pressure Coil Cleaner, weekly rate $100.00 per Units, per Weeks Viper/Mechanical Brush - Duct Cleaning, daily rate $30.00 per Units, per Days Viper/Mechanical Brush - Duct Cleaning, weekly rate $100.00 per Units, per Weeks Axial Fans w/rigid flex ducting, daily rate $35.00 per Units, per Days Axial Fans w/rigid flex ducting, weekly rate $125.00 per Units, per Weeks Tile Stripper, daily rate $75.00 per Units, per Days Tile Stripper, weekly rate $310.00 per Units, per Weeks Roto Hammer, daily rate $75.00 per Units, per Days Roto Hammer, weekly rate $310.00 per Units, per Weeks Infrared Camera, daily rate $250.00 per Units, per Days Infrared Camera, weekly rate $1,200.00 per Units, per Weeks Fogger, daily rate $40.00 per Units, per Days Fogger, weekly rate $125.00 per Units, per Weeks Negative Air Machine - 5-6K CFM, daily rate $50.00 per Units, per Days Negative Air Machine - 5-6K CFM, weekly rate $175.00 per Units, per Weeks Halosil - PURE-Decon sanitizer, daily rate $75.00 per Units, per Days Halosil - PURE-Decon sanitizer, weekly rate $375.00 per Units, per Weeks Thermal Drying System, daily rate $75.00 per Units, per Days Termal Drying System, weekly rate $450.00 per Units, per Weeks Portable Containment Cubes (daily)$150.00 per units, per days Portable Containment Cubes (weekly)$499.00 per Units, per Weeks HVAC Restoration Materials: PURE-Liner 2.0 Dran pan treatment (<20 SF)$43.86 Per SF PURE-Liner 2.0 Dran pan treatment (>20 SF)$30.60 Per SF PURE-Coat (<150 SF)$8.67 Per SF PURE-Coat (>150 SF)$6.63 Per SF PURE-Cell Insulation 1" 200 SF roll $6.63 Per SF PURE-Cell Insulation 1/2" 200 SF roll $4.08 Per SF PURE-Decon Room Sanitization Materials $0.01 Per CU pg.97 Criteria No. 5 – Experience & Capacity of Firm Corporate Headquarters, 4911 Creekside Drive, Suite C, Clearwater, FL 33760 Toll Free: 1-800-422-7873 • Email: iaq@pureaircontrols.com • PureAirControls.com EXPERIENCE & CAPACITY OF PURE AIR CONTROL SERVICES, INC. pg.98 Evaluation Criteria No. 5: Experience and Capacity of the Firm Corporate Headquarters, 4911 Creekside Drive, Suite C, Clearwater, FL 33760 Toll Free: 1-800-422-7873 • Email: iaq@pureaircontrols.com • PureAirControls.com Ability, Capacity, Skills and Experience: Founded in 1984, Pure Air Control Services’ mission is to assist with indoor environmental needs of facilities by providing e nergy saving, cost-effective, schedule-efficient, highest-quality indoor environmental services which promote the safety and wellness of the building occupants. Our professionals have decades of combined indoor air quality (IAQ) experience that is unmatched in the industry. Serving the nation, Pure Air Control Services works with both private and public sector companies providing energy -saving HVAC system restoration processes, building diagnostic studies, environmental microbiological analytical services, and complete remediation services. As a result of our services diversity, we are able to respond to any indoor environmental need. Part of our readiness capabilities include quick mobilization after disaster strikes with experienced personnel and state-of-the-art equipment. As an organization, Pure Air Control Services has serviced the IAQ needs of Collier County Government since 1992 and we captu re the spirit Collier County Government facilities management has undertaken to provide unparalleled IAQ service to the ir employees and patrons they serve. Building Sciences, a division of Pure Air Control Services, Inc., is an environmental service division specializing in indoor air quality site assessments, investigations, testing and consultation. A recognized leader in the IAQ Industry, Building Sciences has millions of square feet of IEQ experience and provides a wide range services to assist your IAQ needs. Building Sciences environmental professionals have experience in diverse disciplines ranging from Senior Project Managers, Industrial Hygienists, Certified Indoor Air Quality Professionals (CIAQP), Public Health Specialists and Engineers that complement one a nother to provide complete indoor air quality evaluation, testing, consulting and expert witness services. Staff and IAQ Services (resumes attached) The environmental staff at Pure Air Control Services includes disciplines in: Industrial Hygiene, Public Health, Microbiology , Allergy / Immunology, Engineering and Building Sciences. The Building Sciences team is a highly specialized group, which will provide the following (but not limited to) services to Collier County Government:  Indoor Air Quality Evaluations  Air Conveyance Hygienic Evaluation  New Construction IAQ Verification  Thermography – Infrared Assessments  Building Pressurization and Tightness Test  Duct Leakage Analysis  Odor and Chemical Assessments  Forensic IAQ Evaluations  Site Specific Mold Remediation Plans  Mold Assessments  Post Remediation Clearance Testing  IAQ Consulting Services  Water Intrusion assessments  Insulation Continuity Assessments Pure Air Control Services can provide 24 hours turn-around time (TAT) for most IEQ Mold related projects (The 24-hour TAT is subject to a stat charge). pg.99 Corporate Headquarters, 4911 Creekside Drive, Suite C, Clearwater, FL 33760 Toll Free: 1-800-422-7873 • Email: ieq@pureaircontrols.com • PureAirControls.com Team Member Successful Experience Working Together: Building Science Team members have completed hundreds of successful projects; a few of those are further outlined in this RFP . A recent example is, our team is currently working on a 3- 5 year project (beginning in 2014) at the Pensacola U.S. District C ourthouse providing IAQ Testing and Consulting Services for the Architects on a construction, abatement and demolition project. Additionally, our teams work together to provide continuous IAQ services for Corex Pharmaceuticals, Charlotte County Schools, Akea, Inc., NEST International and others. Financial Strength: Pure Air Control Services is financially strong and we are committed to our continued financial health. Our capital structure and liquidity are sound and our internal controls and business standards are designed to keep our assets safe. We know that our success ultimately depends on how well we serve all our clients and their confidence in us. Key Financial Data as of June 2018 (see attached Balance Sheet) Stock Holder Equity: 1.3 million Available Liquidity: 900,000 Net Income: 150,000 pg.100 ASSETS Current Assets CHECKING:PURE AIR CONTROL $267,010.93 CHECKING: MONEY MARKET 118,286.17 CHECKING: PAYROLL ACCOUNT 3,237.00 EMPLOYEE ADVANCE 5,542.16 ACCOUNTS RECEIVABLE 695,434.68 INVENTORY 4,488.40 DEPOSIT:TURTLECREEK LANDLORD 2,825.00 PREPAID MKTG & OTHER 41,898.86 PREPAID SUBSCRIPTIONS 28,186.60 DEPOSIT ON ACT-GENERAL INS 5,152.96 DEPOSIT ON ACT- AUTO INS 27,305.04 Total Current Assets 1,199,367.80 Property and Equipment OFFICE EQUIPMENT 158,280.81 LABORATORY EQUIPMENT 119,852.28 DIAGNOSTIC EQUIPMENT 164,365.15 MACHINERY & EQUIPMENT 491,940.20 VEHICLES 351,553.89 LEASEHOLD IMPROVEMENTS 44,407.25 SOFTWARE 19,968.75 ACCUMULATED DEPRECIATION (737,712.02) Total Property and Equipment 612,656.31 Other Assets Total Other Assets 0.00 Total Assets $1,812,024.11 Unaudited - Balance Sheet Pure Air Control Services, Inc. - Financial Strength Balance Sheet June 30, 2018 pg.101 Pure Air Control Services, Inc. Balance Sheet June 30, 2018 LIABILITIES AND CAPITAL Current Liabilities UNEARNED-REV-ACS $11,399.00 OTHER RESERVE 4,000.00 ACCOUNTS PAYABLE 133,868.72 ACCOUNTS PAYABLE-HSA 25.00 NET PAYROLL PAYABLE 39,359.26 PAYROLL TAX PAYABLE 167.56 CREDIT LINE 31,341.33 CURRENT PORTION OF L-T DEBT 97,655.00 Total Current Liabilities 317,815.87 Long-Term Liabilities LT LOAN-CREST CAPITAL 1 43,629.93 LT LOAN-CREST CAPITAL 2 41,658.08 LT LOAN-WELLS FARGO 9,479.03 LT LOAN-Van #10 26,859.91 LT LOAN-Van #16 17,986.48 LT LOAN-VEHICLES 91,098.76 LT LOAN-Van #20 28,439.39 LT LOAN-Isuzu Truck 49,744.73 LESS CURRENT PORTION-LT DEBT (97,655.00) Total Long-Term Liabilities 211,241.31 Total Liabilities 529,057.18 Capital PREFERRED STOCK 7,068.93 COMMON STOCK 156.72 DONATED CAPITAL 1,828.00 RETAINED EARNINGS 1,122,143.75 Net Income 151,769.53 Total Capital 1,282,966.93 Total Liabilities & Capital $1,812,024.11 Unaudited - Balance Sheet pg.102 Reference Questionnaire Solicitation: 18-7403 Reference Questionnaire for: Collier County Government (Name of Company Requesting Reference Information) PureAir Controls (Name of Individuals Requesting Reference Information) Camille Wozniak Name:Nancy Victorino (Evaluator completing reference questionnaire) Company:CoreRx Inc (Evaluator’s Company completing reference) Email: nancy.victorino@corerxpharma.com FAX: N/A Telephone: 727-259-6950 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsa tisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: _Environmental Monitoring (Viable Microbial Testing Completion Date: On-Going, last event took place on 23 Jul 2018 Project Budget: __N/A____________________________ Project Number of Days: _1 day__________________ Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 8 2 Ability to maintain project schedule (complete on-time or early). 9 3 Quality of work. 9 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 9 7 Ability to verbally communicate and document information clearly and succinctly. 9 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 94 pg.103 Reference Questionnaire Solicitation: 18-7403 Reference Questionnaire for: CCG (Name of Company Requesting Reference Information) Pure Air Control Services, Inc. (Name of Individuals Requesting Reference Information) Name:Will Kirby (Evaluator completing reference questionnaire) Company:City of Dunedin, FL. (Evaluator’s Company completing reference) Email: wkirby@dunedinfl.net FAX: (727)298-3230 Telephone: (727)298-3234 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsa tisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: _Dunedin Engineering /Technical services IAQ testing/remediation____ Completion Date: __September 2016______________ Project Budget: _$52k_________ Project Number of Days: __9 days (10hrs each)______ Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 pg.104 Reference Questionnaire Solicitation: 18-7403 Reference Questionnaire for: Collier County Procurement Services (Name of Company Requesting Reference Information) Pure Air Control Services (Name of Individuals Requesting Reference Information) Name:Glenn Martinez (Evaluator completing reference questionnaire) Company:Osceola County Board of County Commissioners (Evaluator’s Company completing reference) Email: Brian.Martinez@osceola.org FAX: 321-697-4338 Telephone: 407-557-5636 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: Hurricane IRMA Completion Date: on going Project Budget: under 5,000 Project Number of Days: 6 Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 10 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 pg.105 Criteria No. 6: Specialized Expertise of Team Corporate Headquarters, 4911 Creekside Drive, Suite C, Clearwater, FL 33760 Toll Free: 1-800-422-7873 • Email: iaq@pureaircontrols.com • PureAirControls.com Specialized Expertise of Team pg.106 Quick Reference Guide Alan Wozniak, CIAQP President / CEO Cynthia Bailey Director of Operations Business Development Accounting/Human Resources/Support Services Karen Aquirre Corporate Accouting Manager Sue Coe Accounting Clerk Cyndy Bailey Remediation Services Manager Francisco Aquirre Director of Building Sciences Dr. Rajiv Sahay Laboratory Director Rony Iraq QA/QC Manager Joann Phifer BHC Coordinator BUILDIN G REMEDIATION SCIENCES BU ILDING REMEDIATION SCIENCES A division of Pure Air Control Services, Inc. A division of Pure Air Control Services, Inc. Alan Wozniak Business Development Camille Wozniak Exec. Sales Asst. Frank Santini Sales Executive Waverly Wooding Bldg Scientist Geoff Stone Project Manager Leeann Stuller Receptionist Tanner Wozniak Chief Estimator Geoff Stone Project Manager JoAnn Phifer BRS Admin Asst. Karl Stefan Building Hygienst Waverly Wooding Bldg Scientist Kevin Leger Warehouse Mgr Barrington Green Team #1 IAQ Project Supervisor Dennis Tenkotte Team #2 IAQ Project Supervisor Ollie Floundry Team #3 IAQ Project Supervisor Cornel Beasley Team #4 IAQ Project Supervisor Amanda Milford Micro Biologist Joiya Mendez Staff Microbiologist Tahesha Jarmon Admin. Asst. Troy Raszka Marketing Director Revised 10/30/2017 Angelo Gianakis Inside Sales Caryn Roja BS Asst. Wayne Barrette Graphics pg.107 BRIEF RÉSUMÉ NAME: Mr. Alan L. Wozniak, CIAQP, CIEC TITLE: President/C.E.O. EXPERIENCE: 1984 – Present Founded U.S. Energy Services, Inc. a mechanical contracting firm in 1984, Pure Air Control Services, Inc. an environmental consulting firm in 1987, Environmental Diagnostics Laboratory (EDL) in 1992 - the first AIHA accredited laboratory in the State of Florida and Building Health Check in 2004. His company has been responsible for the environmental evaluation, laboratory support and Building HVAC Remediation in over 600 million square feet of building environments. Mr. Wozniak has assisted in the environmental diagnostic design, building evaluations, Quality Assurance/Quality Control (QA/QC) implementation and HVAC remediation in over 10,000 facilities across North America and abroad. Facilities include:  Healthcare - Hospital Surgical Suite/Operating Rooms  Entertainment Complexes  Educational Facilities  Federal, County, City and State  Hospitality  Residential Homes Mr. Wozniak’s Indoor Environmental Quality (IEQ) firm has been recognized by numerous industries as a leading IEQ firm. The recognition includes:  ‘10 - Tampa Bay Business Journal – MBE Top 25  ’08 - Tampa Bay Business Journal – Top 50  ’05 - Frost & Sullivan – Product Differentiation Innovation Award for its Solutions for Improving IAQ  ’06 - Tampa Bay Business Journal Fast 50  ’06 - The Business Journal – MBE Top 10  ’05 - Diversity Business – Top Small Business  ’05 - Hispanic 500 – National Top 500 Hispanic Businesses  ’02 - Diversity Business – Top Small Business  ’02 - Deloitte & Touche, LLP – Fast 500 Technology – National  ’97 - Nations Power Top 50 – Environmental Consulting Firms Mr. Wozniak has authored or coauthored numerous articles on indoor air quality including:  "Hospital Gets IAQ Checkup" published in Heating/Piping/Air Conditioning News – 1993  "Air Quality Guidelines Established for Microbial Assessment of Residential and Commercial Buildings" published in Harris Martin Columns – 2005  "Airborne Fungal Reference for Building Evaluations" published in the IEQ Review – 2006  "Assessment of Surficial Mould in indoor environments" published in the Indian Journal of Aerobiology - 2008 AFFILIATIONS/MEMBERSHIPS/CERTIFICATIONS:  Tuck School of Business at Dartmouth ‘05 - Hanover, NH  Environmental Education Foundation (EEF) - EEF-EPA IAQ Advisory Committee Member - ‘05  ASTM Mold Subcommittee Member ‘05  UL/NEHA IAQ Standards Committee Member  HUD/NIST Mold in Housing Workshop - Presenter  American Lung Association - Indoor Air Quality Task Force Member  American Society for Heating, Refrigeration, Air Conditioning Engineer (ASHRAE) Member  American Industrial Hygiene Association (AIHA) Member  International Society of Indoor Air Quality (ISIAQ) Member  AIHA IAQ Committee Member  Underwriter Laboratory (UL) IAQ Committee Member  NSF IAQ Sterring Committee  State of Florida DBPR Mold Assessor #MSRA244  Certified Indoor Air Quality Professional (CIAQP) #273 by Association of Energy Engineers (AEE)  Certified Indoor Air Quality Consultant (CIAQC) by American Indoor Air Quality Council (AIAQC)  National Balancing Institute (NBI) – Certified Test & Balance #10-278-08  American Public Health Association (NPHA) Member  Studies in Administration from USF, Tampa, FL pg.108 7/19/2018 NAME: Mr. Francisco Aguirre, CIAQP, CIEC TITLE: Director of Diagnostics and Building Sciences EXPERIENCE: Mr. Aguirre performs all aspects of Indoor Environmental Quality. He has been responsible for studying and overseeing over 400 million sq. ft. of residential and commercial buildings involving but not limited to: ! HVAC Design, Load calculations, Installation, Service, Replacement, Air Balancing, and Troubleshooting. ! Ventilation and building pressurization ! Building and Air Conveyance Air Tightness ! Indoor Environmental Chemical Assessments ! Thermal, Air and Acoustic Insulation ! Building Weatherization and Energy Conservation. ! Chemical Exposure Assessments ! Legionella Bacteria Testing Cooling Towers and Domestic Water ! Bacterial, Fungal and Allergen Assessments ! Mold and Vermin Assessments and Remediation ! Duct and air Handler Cleaning ! Insurance Claim Assessments for Moisture Intrusion, Mold Contamination and Source Determination ! Building Envelope Assessments for Moisture Vapor and air Infiltration ! Preparation of Job Specific Plans for Mold Remediation, QA and QC, and Environmental Clearance ! LEED Testing for Air Quality ! Microbial Testing for Clean Rooms ! Expert Witness Testimonials Mr. Aguirre has over 36 years of experience with Pure Air Control Services (U.S. Energy Services, Inc.) A few of the IAQ projects Mr. Aguirre managed include: University of South Florida- Medical Center, Collier County Public Schools, Lakeland Regional Medical Center, Broward Medical Center (O.R.), Florida Power (Meter Department), City of Boynton Beach Complex, Collier County Government Complex, Sam M Gibbons Federal Building and Courthouse Tampa Fl, Progressive Insurance Real Estate Properties, CoreRx, West Palm Beach Federal Courthouse, Pensacola US District Courthouse, Charlotte County Public Schools, Leon County Courthouse Tallahassee Fl, Orange County Convention Center, Walt Disney World, hundreds of homes, etc. EDUCATION: Attended Engineering School, Universidad Nacional Autonoma de Mexico, (Mexico City) 1979 - 1981 PROFESSIONAL AFFILIATIONS/ MEMBERSHIPS CERTIFICATIONS: ! Air Conditioning Contractor (State of Florida Class A by written exam) # CAC057992 ! Certified Mold Assessor (State of Florida) # MRSA218 ! Certified Indoor Air Quality Professional (CIAQP) by Association of Energy Engineers (AEE) Member ! Certified Indoor Air Quality Consultant (CIAQC) by American Council for Accreditation Certification (ACAC) ! Certified Duct Mechanic (RACCA) ! EPA Lead Certified Renovator R-I-18496-10-00513 ! American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) Member ! Florida Refrigeration Air Conditioning Contractors Association (FRACCA) Member TRAINING: ! Trained in OSHA 1910, and Blood Borne Pathogens ! Trained on Moisture Control for Building - ASHRAE AIA, January 2003 ! Trained on Mycology and Its Applications in IAQ - Pure Air Control Services, February 2003 ! Trained on HVAC and IAQ Program - Florida Energy Extension Services at University of FL, March 2003 ! Trained (4 years) in Microbiology Protocols by a Ph.D. level scientist and Public Health Specialist ! Trained on Thermography and Building Science Applications, Building Science Institute, October, 2005 ! Participated in Interactive Course Bioaerosol Assessment’s Controls ACGIH, Orlando Fl. February 1999 ! Energy Rater Training Class 1, 2, and 3 Florida Solar Energy Center, June 2007 PACS: IAQ STAFF RÉSUMÉ pg.109 NAME: Karl W. Stefan TITLE: Building Scientist / Industrial Hygienist PREVIOUS EXPERIENCE Edifice Rx, The Clean Air Company, Inc. October 2012 – July 2017 Industrial Hygienist ● Performed indoor air quality assessments, mold sampling and remediation oversight, moisture intrusion inspections, water testing, lighting surveys, noise level monitoring, environmental health and safety surveys, LEED EQ 3.2 air quality testing, LEED EQ p2 blower door testing, HVAC inspections, air quality data logging, equipment maintenance, equipment training, and inventory of supplies. ● Analyzed sampling data, prepared and finalized reports for clients. ● Worked with project teams and independently in residential, industrial, and commercial buildings. ● Served as project manager and coordinated multiple projects at one time. ● Constructed and executed LEED EQ 3.1 Construction IAQ Management Plans, Integrated Pest Management Plans, Hazard Communication Programs, and various safety protocols. ● Provided indoor environmental quality, safety, and LEED trainings and presentations. ● Assisted with sales and marketing by preparing proposals and providing ongoing communication with clients, including Fortune 500 companies. Pennsylvania Fish and Boat Commission May – August 2008, 2009, 2010 Fisheries Biologist Aide ● Conducted fish, macroinvertebrate, sediment, and water sampling. ● Participated in surveys for aquatic vegetation, freshwater mussels, stream habitat, reptile and amphibian habitat. ● Assisted with wetland delineations, mine site drainage inspections, and natural gas drill site inspections. ● Conducted facility maintenance, egg transportation, and fish stocking for the PA state shad hatchery. ● Reviewed field data and conducted statistical analysis for fish length frequency, stock density, fish abundance, and macroinvertebrate taxa richness and composition. ● Prepared technical reports, triploid grass carp permitting, and equipment maintenance. Hawk Mountain Sanctuar y May – July 2007 Biologist Aide ● Performed daily identification of tagged ovenbird locations, nest locations, and fledgling counts. ● Assisted biologists with mist netting, bird habitat surveys, and bird identification surveys. CERTIFICAT IONS OSHA 10 – General Industry Certification 2015 PADI Open Water Diver Certification 2014 TRAINING New York State 32-Hour Mold Assessor Course 2017 MEMBERSHIPS American Industrial Hygiene Association (AIHA) 2016 – Present Delaware Valley Green Building Council 2014 – 2015 PACS: IAQ STAFF RÉSUMÉ pg.110 NAME: Waverly C. Wooding TITLE: Building Scientist __________________________________________________________________________________________ Previous Experience: NEBB Certified TAB Technician 20+ years Testing & Balancing. Data Collection & Trouble Shooting 2 years of HVAC Control Installation Proficient in the use of:  Manometers  Balometers  Ultrasonic Flow Meter  Hydronics Meter  Shaft Alignment by Laser as well as dial indicators  10 Hour OSHA certified  Confined space certified  EPA certified Technician Adept in DDC control programs, KMC controls, Metasys controls, Johnson controls, Tracer Summit, Rover, etc... Complete HVAC testing & balancing of courthouse, schools, resorts, clean rooms, operating rooms, laboratories & restaurants. Education: Bethune Cookman College 1989-1990  Political Science St. Leo College 1988 -1989  Pre-Law PACS: IAQ STAFF RÉSUMÉ pg.111 NAME:Dr. Rajiv R. Sahay, CIAQP, FIAS, I.H. Laboratory Director,Senior Microbiologist EXPERIENCE: Dr.Sahay has more than 18 years of experience at doctoral and postdoctoral level in experimental and analytical research pertaining to the biological and environmental sciences.Dr. Sahay is well versed with the Aerobiology, Bacteriology (Legionella),Mycology,Environmental Science and Palynology. He has advanced level experience in sampling, isolation and identification of air bone biogenic as well as a-biogenic particulates, microbial surficial constituents including organic & inorganic particulates from environments. Dr.Sahay’s laboratory at Pure Air Control Services is CDC ELITE proficient.Dr. Sahay has vast experience and expertise in isolation and identification of Legionella from water samples.He along with his lab team have analyzed over a thousand samples for Legionella as per the CDC ELITE protocol by utilizing various technique.Dr Sahay is an expert in handling various kinds of air samplers.Dr. Sahay’s expertise in particle identification from the environment by using microscopic and other techniques make him a unique individual in indoor environment/air industry. He has successfully managed to test and publish project reports by enumerating various contaminants isolated and identified from environmental samples.He has designed and developed Bio-ScanTM as an effective inexpensive media for surface sampling. ACADEMIC BACKGROUND: ●B. Sc. (Botany Chemistry, Zoology)J.J. College, M.U.Gaya, Bihar, India,(1988) ●M. Sc. (Aerobiology-Special) Magadh University, Bodh-Gaya, Bihar, India (1992) ●Ph.D. (Science) Magadh University, Bodh-Gaya, Bihar, India (1997) ●Advance Aerobiology Course, Instituto de FISBAS-CNR, Italy (Europe) (1998) ●Advance Aerobiology Course and Spore Camp, University of Montreal’s, Canada (2002) ●Advanced Microscopy, Photography, University of Tulsa, Oklahoma (2005) PROFESSIONAL CERTIFICATION: ●Certified Indoor Air Quality Professional (CIAQP) PROFESSIONAL AFFILIATIONS: ●American Society of Microbiology ●Mycological Society of America ●American Industrial Hygiene Association PACS: IAQ STAFF RÉSUMÉ pg.112 NAME:Mr. Rony I. Iraq, B.S. TITLE:Quality Assurance Manager EXPERIENCE: Mr.Iraq is well-versed in analyzing environmental samples for biogenic and a-biogenic constituents. He operates various air sampling devices to collect air samples for both biological and abiological particulates from the ambient air.He has analyzed several thousand environmental samples with his unique expertise of identifying aerobiota by using microscopic, culture and/or other techniques.His expertise includes the identification of bacteria, fungi (mold) and other allergens from environmental samples.Mr. Iraq provides technical and analytical support in the routine operations of Environmental Diagnostics Laboratory,which includes, but is not limited to: Aerobiota identification Bacterial identification Endotoxin testing Environmental monitoring Fungal identification Mold and allergen assessments Mycotoxin testing Performed method validations SOP revision Quality control/assurance of laboratory functions Sterility testing Legionella detection and identification using antibody, culture and PCR techniques Multiple publications, both in scientific journals, as well as in regular periodicals EDUCATION: University of South Florida, Tampa – B.S. PROFESSIONAL AFFILIATIONS: Continental Automated Buildings Association PACS: IAQ STAFF RÉSUMÉ pg.113 ●ASTM Mold Subcommittee Member ‘05 ●Member of Pan American Aerobiology Association ●Member of International Association for Aerobiology ●Member of Indian Science Congress Association ●Member of Indian Botanical Society ●Member of Indian Aerobiological Society ●Member of Indian Aerosol Science and Technology Association OTHER PROFESSIONAL SERVICES: ●Certified Indoor Air Quality Professional (CIAQP)by AEE Past Board Member AAB, AIHA LAP,LLC Past Member Technical Advisory Panel (TAP)AIHA LAP,LLC FELLOWSHIP ●Fellowship Indian Aerobiology Society (FAIS) HONORS AND AWARDS ●Full Scholarship, Advanced Aerobiology Course 1998 ●P.H. Gregory Contest Award of Aerobiology 1996 ●Merit Certificate from Mendillian Society of India 1996 ●National Merit Scholarship during B. Sc. And M. Sc.1985 -1989 ●Best Cadet Scholarship of National Cadet Corp.1986 ●Recipient of “C” Certification (highest level) in the NCC 1986 ●First Prize in Debate Competition, J.J. College, Gaya 1984 ADDITIONAL INFORMATION: Dr. Sahay has analyzed and/or supervised the analysis of over 250,000 environmental samples including air, bulk, swab, surface, and liquid/water samples collected across North America and abroad.Dr. Sahay has multiple publications covering the gamut of Aerobiology, Microbiology, Environmental Science, and Indoor Air/Environmental Quality.He provides analytical testing and manages laboratory services for Aerobiology, Bacteriology (Legionella), Environmental Sciences, Mycology, Immunochemistry, Microscopy, Industrial Hygiene and other Public Health related services besides Research and Development.He also provides expert testimony related to his field of expertise.Dr. Sahay has also been invited to deliver plenary and invited talks both at national and international level. Dr. Sahay provides educational outreach programs to the general public for awareness of Indoor Environmental Quality and role of environmental microbiology laboratory via training, meetings, seminar or webinar, as a community and industry related services.A regular column/article writer in various magazine or web based publications related to IEQ/IAQ and associated field. CONTACT INFORMATION: Office/Laboratory Phone 727-572-4550 ext 301/304 e-mail:rsahay@pureaircontrols.com pg.114 pg.115 pg.116 pg.117 pg.118 pg.119 CERTIFICATE OF PROFICIENCY ELITE Program Centers for Disease Control and Prevention (CDC) Coordinating Center for Infectious Diseases Issued by: Respiratory Diseases Branch Isolation Techniques EvaluationEnvironmentalLegionella National Center for Immunization and Respiratory Diseases 12/1/2018Expiration Date: Member Since: Clearwater, FL 33781 4911 Creekside Dr. Suite - C 1/6/2010 United States of America Environmental Diagnostics Laboratory at Pure Air Control Services pg.120 pg.121 pg.122 55 66 Solicitation 18 -7403 Indoor Air Quality Testing Solicitation Designation: Public Collier County Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 1 pg.123 55 66 Solicitation 18 -7403 Indoor Air Quality Testing Solicitation Number 18 -7403 Solicitation Title Indoor Air Quality Testing Solicitation Start Date Jun 27, 2018 5:00:47 PM EDT Solicitation End Date Jul 27, 2018 3:00:00 PM EDT Question & Answer End Date Jul 18, 2018 5:00:00 PM EDT Solicitation Contact Kristofer Lopez 239 -252 -8944 Kristofer.Lopez@colliercountyfl.gov Contract Duration 3 years Contract Renewal 2 annual renewals Prices Good for 30 days Item Response Form Item 18 -7403 --01 -01 - Please put price in the proposal Quantity 1 each Unit Price Delivery Location Collier County No Location Specified Qty 1 Description Please provide pricing for RFP Guidelines. Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 2 pg.124 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL (RFP) FOR Indoor Air Quality Testing SOLICITATION NO.: 18-7403 KRISTOFER LOPEZ, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8944 Kristofer.lopez@colliercountyfl.gov (Email) This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 3 pg.125 SOLICITATION PUBLIC NOTICE REQUEST FOR PROPOSAL (RFP) NUMBER: 18-7403 PROJECT TITLE: Indoor Air Quality Testing LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112 PLACE OF RFP OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the Facilities Management Division (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Request for P roposal (hereinafter, “RFP”) with the intent of obtaining proposals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. BACKGROUND The Board of County Commissioners of Collier County, Florida is seeking proposals for a total comprehensive indoor environmental consultant(s) for Indoor Air Quality (IAQ) Testing, and Technical Support. The services shall include, but not be limited to, IAQ pre- and post-testing, management/supervision, and technical support. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with two (2) one-year renewals. Prices shall remain firm for the initial term of this contract. It is the intent of this Request for Proposal to engage with one firm who will be responsible for pre - and post-testing services. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. DETAILED SCOPE OF WORK In an effort to provide a clean and safe working environment for its employees and the general public, the Board of County Commissioners are in need of a professional company that specializes in Indoor Air Quality testing, and lab analysis. This company should have extensive experience (at least ten (10) years) in the field of indoor air quality servicing municipal governments handling all facets of pre- and post-testing services and lab analysis. HVA The proposer shall provide proof of the above minimum qualification b y furnishing copies of letters, certificates, etcetera (as applicable); which clearly document said qualifications. Failure to provide said documentation with your proposal shall be gr ounds for deeming your proposal unresponsive and removing it from furthe r consideration. This is a non-negotiable item. The IAQ work shall be performed on any or all County buildings for an initial term of three years following contract executio n with two - 1-year renewal options. Interested firms should provide a complete unit pricing list for all services offered. BASIC SERVICES FOR IAQ INSPECTIONS Work required under this section consists of providing labor, equipment, materials, and supervision necessary to perform the techniques specifically required for the technical evaluation of indoor air quality which may include determination of microbial agents (fungi, bacteria and others) potentially harmful to human health: Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 4 pg.126 a. aeroallergens, non-viable particulates, surface allergen assay (dust mite, cat, cockroach, endotoxin); b. noxious gaseous compounds, i.e., volatile organic compounds (VOC); c. carbon monoxide, Sulphur oxides and nitrogen oxides; suspended particles, i.e., nuisance dust, asbestos, fiberglass; d. ventilation (as measured by carbon dioxide concentration), viable air flow rates; temperature and relative humidity; and e. levels of discomfort, mechanical equipment evaluated and affected personnel. ASSIGNMENT OF THE WORK: The Project Manager or their designee will provide a scope of work for Pre - and Post-testing work to the awarded contractors. The Contractor will provide a proposal for the work, upon review and acceptance by the Project Manager or their designee, a purch ase order will be issued for the work. CONTRACTOR REQUIREMENTS 1. Upon request by the Project Manager or their designee, and within twenty-four (24) hours, the Contractor shall furnish all labor, equipment, materials and supervision necessary to perform IAQ inspections required to determine IAQ problems in County buildings. 2. The IAQ diagnostic evaluations shall consist of techniques specifically required for the evaluation of indoor air quality age nts potentially dangerous to human health. 3. An adequate number of air samples, bacteria samples, and temperature/humidity readings shall be performed by a person certified in bacteria chemistry for each necessary application. 4. The testing and sample results shall be reviewed by a laboratory scientist experienced in Chemistry, Microbiology and/or Physical testing. A written report with test results and recommendations shall be forwarded to the Project Manager or their designee upon completion within ten (10) days. The IAQ inspections of ductwork, air handlers, coils and drain pans shall be done visually with both video and still photo for documentation. Video and photo copies of problem areas shall be provided to the Project Manager or their designee. 5. IAQ testing and inspection may also include testing for other environmental hazards such as: asbestos, lead and/or foreign smells or particles. This work may need specialized environmentalist that the contractor will have access to. SAFETY All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsaf e acts or conditions that may cause injury or damage to any persons or property within and around the work site. POINT OF CONTACT The Contractor shall be accessible 24 hours a day, 7 days a week via answering service, pager, cellular/mobile phone or other means approved by the Facilities Manager or their designee during the entire term of the Contract. Voice Mail or Answering Machines are not acceptable. The Contractor shall provide a dedicated Account Manager who shall personally visit all sites at least one time each quarter year. The Account Manager shall be the immediate point of contact to the Project Manager or their designe e. The Account Manager shall be the Contractor or an employee of the Contractor and shall maintain the authority to act for the Contractor in perfor ming the terms of this Contract. If the Account Manager is someone other than the Contractor, the Project Manager or their designee prior to the start date of the Contract shall approve the Account Manager. The Project Manger reserves the right to remove an Account Manager at his/her discretion. If the Account Manager is removed by the Project Manager or the ir designee or by the Contractor, a replacement shall promptly be appointed by the Contractor, subject to approval by the Project Manager or their designee. USE OF PREMISES On or about the premises and adjacent areas, the Contractor shall cause all appar atus, storage of materials and activities of workmen to be confined to the limits indicated by law, ordinance, permits, and the direction of a Collier County authorized representative, and shall not encumber or permit the premises or adjacent areas to be e ncumbered with such materials or apparatus. The work site shall be kept in such orderly and safe fashion and will not interfere with the progress of the work or the work of another Contractor. The contractor shall be responsible for repairing and replacing any work damaged by his operations within thirty (30) days after Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 5 pg.127 notification by a Collier County authorized representative that damage has occurred. It will be the responsibility of the Contractor to report to a Collier County representative any damages found prior to any work at this site. PROTECTION OF PROPERTY The Contractor shall make necessary repairs in such a manner that does not damage property. In the event damage occurs to property by reason of any repairs or installations performed under thi s Contract, the Contractor shall replace or repair the same at no cost to the County. If damage caused by the Contractor has to be repaired or replaced by the County, the cost of such wor k shall be deducted from the monies due the Contractor. IDENTIFICATION The Contractor shall require that all employees have a shirt with visible company logo and personal identification (County ID Card issued by Facilities Management) on the individual employee. Submit to the Facilities Manager or their designee the following information for each employee: Name, Date of Birth, Social Security Number and Company Name. SUPERVISION AND INSPECTION Collier County will provide an inspector who will randomly visit all buildings/facilities to ensure schedules and performance are in accordance with the contract. REQUEST FOR PROPOSAL (RFP) PROCESS 1.1 The Proposers will submit a qualifications proposal which will be scored based on the criteria in Section 5.0 Grading Criteria for Development of Shortlist, which will be the basis for short-listing firms. The Proposers will need to meet the minimum requirements outlined herein in or der for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then grade and rank the firms and enter into negotiations with the top ranked firm to establish cost for the services needed. The COUNTY reserves the right to issue an invitation for oral presentations to obtain additional information after grading and before the final ranking . With successful negotiations, a contract will be developed with the selected firm, based on the negotiated price and scope of services and submitted for approval by the Board of County Commissioners. 1.2 The COUNTY will use a Selection Committee in the Request for Proposal selection process. 1.3 The intent of the scoring of the proposal is for respondents to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 1.4 The intent of the oral presentations, if deemed necessary, is to provide the vendors with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final rank. 1.5 Based upon a review of these proposals, the COUNTY will rank the Proposers based on the discussion and clarifying questions on their approach and related criteria, and then negotiate in good faith an Agreement with the top ranked Proposer. 1.6 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top -ranked firm, negotiations with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a contract cannot be successfully negotiated with the firm ranked second, negotiations with that firm will be formally terminated and negotiations shall begin with the third ranked firm, and so on. The COUNTY reserves the right to negotiate any element of the proposals in the best interest of the COUNTY. GRADING CRITERIA FOR DEVELOPMENT OF SHORTLIST: 1.7 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY’S Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points 1. Cover Letter / Management Summary 5 Points Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 6 pg.128 2. Certified Minority Business Enterprise 5 Points 3. Business Plan 30 Points 4. Cost of Services to the County 25 Points 5. Experience and Capacity of the Firm 20 Points 6. Specialized Expertise of Team Members 15 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County’s financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is invoked by the Procurement Services Division Director or designee . In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnes ses. ---------------------------------------------------------------------------------------------------------------------------------------------------------- Each criterion and methodology for scoring is further described below. EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (5 Total Points Available) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points Available) Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Minority Business Enterprise. EVALUATION CRITERIA NO. 3: BUSINESS PLAN (30 Total Points Available) In this tab, include but not limited to: • Detailed plan of approach (including major tasks and sub -tasks). • Detailed time line for completion of the project. • Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference. EVALUATION CRITERIA NO. 4: COST OF SERVICES TO THE COUNTY (25 Total Points Available) In this tab, include but not limited to: • Provide a unit pricing list for all services offered • Provide proposed fee schedule of principals and staff (including sub -vendors). EVALUATION CRITERIA NO. 5: EXPERIENCE AND CAPACITY OF THE FIRM (20 Total Points Available) In this tab, include but not limited to: • Provide information that documents your firm’s and subcontractors’ qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. • Describe the various team members’ successful experience in working with one another on previous projects. The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference forms from clients (during which period of time, eg. 5 years) whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the vendor that best represent projects of similar size, scope and complexity of this proj ect using form provided in Attachment B – Form 8. Vendors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. EVALUATION CRITERIA NO. 6: SPECIALIZED EXPERTISE OF TEAM MEMBERS (15 Total Points Available) In this tab, include but not limited to: • Description of the proposed contract team and the role to be played by each member of the team. Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 7 pg.129 • Attach brief resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. • Attach resumes of any sub-consultants and attach letters of intent from stated sub-consultants must be included with proposal submission. Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 8 pg.130 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 1 FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law requires that the Applicant's contracts relating to the project include certain provisions. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract (including a purchase order). Compliance with Federal Law, Regulations and Executive Orders: The Sub-Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with any and all other relevant Federal, State, and local laws, regulations, codes and ordinances: o 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after April 1, 2017) Reporting: The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the County, as the Federal or State granting agency may require the contractor to provide certain information, documentation, and other reporting in order to satisfy reporting requirements to the granting agency. Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative’s access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives’ access to construction or other work sites pertaining to the work being completed under the contract. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract. Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 9 pg.131 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 2 Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Contractor’s recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the County wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the County must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Changes: See Standard Purchase Order Terms and Conditions. Procurement of Recovered Materials (§200.322) (Over $10,000): (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 10 pg.132 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 3 (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: I. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. II. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. III. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. IV. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 11 pg.133 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 4 VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 12 pg.134 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 5 (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.” Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Clean Air Act and Federal Water Pollution Control Act: (over $150,000) (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.” State Provisions Convicted Vendor and Discriminatory Vendors List Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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 a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or any state agency. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Record Retention - The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, FDEM, or its designee’s access to such records upon request. Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 13 pg.135 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 6 Acknowledgement of Terms, Conditions, and Grant Clauses Certification If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor’s performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor’s progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name _____________________________________ Date __________________ Authorized Signature ___________________________________________________________ Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 14 pg.136 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 7 CERTIFICATION REGARDING DEBAREMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-recipient’s subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR ___________________________________________________________________ By: ________________________________________________________________ Signature ___________________________________________________________________ Name and Title ___________________________________________________________________ Street Address ___________________________________________________________________ City, State, Zip ___________________________________________________________________ DUNS Number ___________________________________________________________________ Date Sub-Recipient Name: Collier County Board of County Commissioners DEM Contract Number: Z0001 FEMA Project Number: 4337DRFLP0000001 Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 15 pg.137 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 8 Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 16 pg.138 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 9 LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. ____________________________________________________ Contractor (Firm Name) ____________________________________________________ Signature of Contractor’s Authorized Official ____________________________________________________ Name and Title of Contractor’s Authorized Official ____________________________________________________ Date Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 17 pg.139 5 6 INSTRUCTIONS TO PROPOSERS 1.QUESTIONS 1.1 Direct questions related to this RFP to the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync -cas/. 1.2 Proposers must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2.PRE -PROPOSAL CONFERENCE 2.1 The purpose of the pre -proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum. 2.2 All prospective vendors are strongly encouraged to attend, as, this will usually be the only pre -proposal conference for this solicitation. If this pre -proposal conference is denoted as “mandatory ”, prospective Vendors must be present in order to submit a proposal response. 3.COMPLIANCE WITH THE RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFS may result in disqualification. 4.AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RFP It is the sole responsibility of the vendor if they discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Professional, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Professional will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Procurement Services Division. 5.PROPOSALS, PRESENTATIONS, AND PROTEST COSTS The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6.VALIDITY OF PROPOSALS No proposal can be withdrawn after it is opened unless the vendor makes their request in writing to the County. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 7.METHOD OF SOURCE SELECTION 7.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2017 -08, establishing and adopting the Collier County Procurement Ordinance. 7.2 If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals. 8.EVALUATION OF PROPOSALS 8.1 The County ’s procedure for selecting is as follows: 8.1.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted. 8.1.2 The Request for Proposal is issued. 8.1.3 Subsequent to the receipt closing date for the proposals, the Procurement Professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RFP. 8.1.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services Division. 8.1.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publicly announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be publicly posted with at least one (1) day advanced notice. 8.1.6 Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. 8.1.7 At the publicly noticed selection committee meeting, the members will present their independent findings / conclusions / comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. Time will be allowed for public comment. 8.1.8 Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, clarification of proposer information, and/or additional credit information. 8.1.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly. The committee will make a determination if oral presentations are needed and which firms will be invited to give oral presentations by short listing the proposals submitted. The selection committee may ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their final ranking. 8.1.10 The selection committee ’s overall rank of firms in order of preference (from highest beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the Procurement Professional. By final tabulation, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will vote and thus create a final ranking and staff will subsequently enter into negotiations. 8.2 The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. 8.3 Receipt of a proposal by the County offers no rights upon the proposer nor obligates the County in any manner. 8.4 Acceptance of the proposal does not guarantee issuance of any other governmental approvals. 9.REFERENCES The County reserves the right to contact any and all references submitted as a result of this solicitation. 10.RESERVED RIGHTS Collier County reserves the right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet additional or reduced requirements of Collier County. Notwithstanding any other provisions of this Article, if none or only one responsive and responsible bid or proposal is received following any solicitation, the County Manager, or designee, reserves the right to reject all bids, proposals or offers and to negotiate with any responsible providers to secure the best terms and conditions in the sole interest of the County unless otherwise provided by law. 11.INSURANCE AND BONDING REQUIREMENTS 11.1 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. 11.2 The County and the Vendor waive against each other and the County ’s separate Vendors, Contractors, Design Vendor, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County ’s separate Vendors, Design Vendors and Subcontractors and shall require each of them to include similar waivers in their contracts. 11.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance. 11.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” 11.5 The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. 11.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 11.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor ’s sole responsibility. 11.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. 11.9 The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 11.10 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 11.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 12.ADDITIONAL ITEMS AND/OR SERVICES Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 13.COUNTY ’S RIGHT TO INSPECT The County or its authorized Agent shall have the right to inspect the Vendor ’s facilities/project site during and after each work assignment the Vendor is performing. The County reserves the right to take into consideration a vendor ’s past performance under a prior or current County contract when it is considering the granting of a new contract, the assignment of a work order, or any additional work. Past poor performance may result in the County deeming the vendor non -responsible and therefore refraining from awarding such work. 14.VENDOR PERFORMANCE EVALUATION The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 15.ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 15.1 The selected Vendor shall be required to sign a standard Collier County contract. 15.2 The resultant contract(s) may include purchase or work orders issued by the County ’s project manager. 15.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 15.4 The County ’s project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 16.PUBLIC RECORDS COMPLIANCE 16.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)- (b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR ’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East Suite 102 Naples, FL 34112 -5746 Telephone: (239) 252 -8383 16.2 The Contractor must specifically comply with the Florida Public Records Law to: 16.2.1 Keep and maintain public records required by the public agency to perform the service. 16.2.2 Upon request from the public agency ’s custodian of public records, provide the public agency 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 or as otherwise provided by law. 16.2.3 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 Contractor does not transfer the records to the public agency. 16.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency ’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 17.WORK ORDERS ON FIXED TERM CONTRACTS 17.1 The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County. 17.2 Agreements issued that are determined to be “CONTINUING CONTRACTS ” where services will be requested by Work Orders in excess of $200,000 shall be approved by the Board of County Commissioners. 17.3 Should any project that is active on a work order extend past the contract termination date, that work order will be active and extended as necessary until completion of such project. 18.PAYMENT METHOD 18.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor ’s invoices must include: 18.1.1 Purchase Order Number 18.1.2 Description and quantities of the goods or services provided per instructions on the County ’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk ’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail East, Suite 700 Naples FL 34112 Or Emailed to: bccapclerk@collierclerk.com 18.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non -payment under the legal doctrine of “laches ” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 18.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 18.4 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.”Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 19.ENVIRONMENTAL HEALTH AND SAFETY 19.1 All Vendors and Sub Vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub Vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. 19.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right -of-way for the purpose of inspection of any Vendor’s work operations. This provision is non - negotiable by any department and/or Vendor. 19.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 19.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 20.POLLUTION PREVENTION The vendor is required to implement industry relevant pollution prevention and best management practices. Should pollution incidents occur, Collier County Pollution Control must be notified immediately. 21.LICENSES 21.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non -responsive. A Vendor, with an office within Collier County is also required to have an occupational license. 21.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active ” in Collier County. 21.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required occupational licenses, please contact the Tax Collector ’s Office at (239) 252 -2477. 22.SURVIVABILITY The Vendor agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the original Solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination. 23.PRINCIPAL/COLLUSION By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 24.RELATION OF COUNTY It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 25.TERMINATION Should the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board ’s Procurement Ordinance. 26.LOBBYING After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty -eight of County Ordinance 2017 -08. 27.CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 28.SINGLE PROPOSAL Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-vendor to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub -vendor to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non -responsive and rejected from further consideration. 29.PROTEST PROCEDURES 29.1 With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within three (3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the information required for the Procurement Services Director, to render a decision on the formal protest and determine whether postponement of the bid opening or proposal/response closing time is appropriate. The Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's decision. 29.2 Any actual proposer or respondent to who desires to protest a recommended contract award shall submit a notice of intent to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. 29.3 All formal protests with respect to a recommended contract award shall be submitted in writing to the Procurement Services Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and accompanied by the required fee. 29.4 Complete form and instructions for formal protest are set forth in Section 23 of Collier County Ordinance 2017 - 08. The protesting party must have standing as defined by established Florida case law to maintain a protest. 30.PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Vendor list. 31.SECURITY AND BACKGROUND CHECKS 31.1 The Contractor is required to comply with County Ordinance 2004 -52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 31.2 All of Contractor ’s employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor ’s business. 31.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e -mail (DL - FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 31.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 32.CONFLICT OF INTEREST Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 33.PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 34.IMMIGRATION LAW AFFIDAVIT CERTIFICATION 34.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. 34.2 The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including Request for Professional Services (RFP) and construction services. 34.3 Exceptions to the program: 34.3.1 Commodity based procurement where no services are provided. 34.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners 34.4 Vendors / Bidders are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor ’s/bidder ’s proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E -Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing the acceptable E -Verify evidence and the executed affidavit the bidder ’s / Vendor ’s proposal may be deemed non - responsive. 34.5 Additionally, Vendors shall require all subcontracted Vendors to use the E -Verify system for all purchases not covered under the “Exceptions to the program ” clause above. 34.6 For additional information regarding the Employment Eligibility Verification System (E -Verify) program visit the following website: http://www.dhs.gov/E -Verify. It shall be the Vendor ’s responsibility to familiarize themselves with all rules and regulations governing this program. 34.7 Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Yes No Certification : I certify that I am in agreement, to the best of my knowledge, with the Instructions To Proposers above. Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 18 pg.140 5 6 INSTRUCTIONS TO PROPOSERS1.QUESTIONS1.1 Direct questions related to this RFP to the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync -cas/.1.2 Proposers must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page.2.PRE -PROPOSAL CONFERENCE2.1 The purpose of the pre -proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum.2.2 All prospective vendors are strongly encouraged to attend, as, this will usually be the only pre -proposal conference for this solicitation. If this pre -proposal conference is denoted as “mandatory ”, prospective Vendors must be present in order to submit a proposal response.3.COMPLIANCE WITH THE RFPProposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFS may result in disqualification.4.AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RFPIt is the sole responsibility of the vendor if they discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Professional, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Professional will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Procurement Services Division.5.PROPOSALS, PRESENTATIONS, AND PROTEST COSTSThe County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures.6.VALIDITY OF PROPOSALSNo proposal can be withdrawn after it is opened unless the vendor makes their request in writing to the County. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process.7.METHOD OF SOURCE SELECTION7.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2017 -08, establishing and adopting the Collier County Procurement Ordinance.7.2 If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals.8.EVALUATION OF PROPOSALS 8.1 The County ’s procedure for selecting is as follows: 8.1.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted. 8.1.2 The Request for Proposal is issued. 8.1.3 Subsequent to the receipt closing date for the proposals, the Procurement Professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RFP. 8.1.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services Division. 8.1.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publicly announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be publicly posted with at least one (1) day advanced notice. 8.1.6 Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. 8.1.7 At the publicly noticed selection committee meeting, the members will present their independent findings / conclusions / comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. Time will be allowed for public comment. 8.1.8 Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, clarification of proposer information, and/or additional credit information. 8.1.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly. The committee will make a determination if oral presentations are needed and which firms will be invited to give oral presentations by short listing the proposals submitted. The selection committee may ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their final ranking. 8.1.10 The selection committee ’s overall rank of firms in order of preference (from highest beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the Procurement Professional. By final tabulation, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will vote and thus create a final ranking and staff will subsequently enter into negotiations. 8.2 The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. 8.3 Receipt of a proposal by the County offers no rights upon the proposer nor obligates the County in any manner. 8.4 Acceptance of the proposal does not guarantee issuance of any other governmental approvals. 9.REFERENCES The County reserves the right to contact any and all references submitted as a result of this solicitation. 10.RESERVED RIGHTS Collier County reserves the right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet additional or reduced requirements of Collier County. Notwithstanding any other provisions of this Article, if none or only one responsive and responsible bid or proposal is received following any solicitation, the County Manager, or designee, reserves the right to reject all bids, proposals or offers and to negotiate with any responsible providers to secure the best terms and conditions in the sole interest of the County unless otherwise provided by law. 11.INSURANCE AND BONDING REQUIREMENTS 11.1 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. 11.2 The County and the Vendor waive against each other and the County ’s separate Vendors, Contractors, Design Vendor, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County ’s separate Vendors, Design Vendors and Subcontractors and shall require each of them to include similar waivers in their contracts. 11.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance. 11.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” 11.5 The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. 11.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 11.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor ’s sole responsibility. 11.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. 11.9 The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 11.10 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 11.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 12.ADDITIONAL ITEMS AND/OR SERVICES Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 13.COUNTY ’S RIGHT TO INSPECT The County or its authorized Agent shall have the right to inspect the Vendor ’s facilities/project site during and after each work assignment the Vendor is performing. The County reserves the right to take into consideration a vendor ’s past performance under a prior or current County contract when it is considering the granting of a new contract, the assignment of a work order, or any additional work. Past poor performance may result in the County deeming the vendor non -responsible and therefore refraining from awarding such work. 14.VENDOR PERFORMANCE EVALUATION The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 15.ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 15.1 The selected Vendor shall be required to sign a standard Collier County contract. 15.2 The resultant contract(s) may include purchase or work orders issued by the County ’s project manager. 15.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 15.4 The County ’s project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 16.PUBLIC RECORDS COMPLIANCE 16.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)- (b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR ’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East Suite 102 Naples, FL 34112 -5746 Telephone: (239) 252 -8383 16.2 The Contractor must specifically comply with the Florida Public Records Law to: 16.2.1 Keep and maintain public records required by the public agency to perform the service. 16.2.2 Upon request from the public agency ’s custodian of public records, provide the public agency 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 or as otherwise provided by law. 16.2.3 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 Contractor does not transfer the records to the public agency. 16.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency ’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 17.WORK ORDERS ON FIXED TERM CONTRACTS 17.1 The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County. 17.2 Agreements issued that are determined to be “CONTINUING CONTRACTS ” where services will be requested by Work Orders in excess of $200,000 shall be approved by the Board of County Commissioners. 17.3 Should any project that is active on a work order extend past the contract termination date, that work order will be active and extended as necessary until completion of such project. 18.PAYMENT METHOD 18.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor ’s invoices must include: 18.1.1 Purchase Order Number 18.1.2 Description and quantities of the goods or services provided per instructions on the County ’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk ’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail East, Suite 700 Naples FL 34112 Or Emailed to: bccapclerk@collierclerk.com 18.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non -payment under the legal doctrine of “laches ” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 18.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 18.4 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.”Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 19.ENVIRONMENTAL HEALTH AND SAFETY 19.1 All Vendors and Sub Vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub Vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. 19.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right -of-way for the purpose of inspection of any Vendor’s work operations. This provision is non - negotiable by any department and/or Vendor. 19.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 19.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 20.POLLUTION PREVENTION The vendor is required to implement industry relevant pollution prevention and best management practices. Should pollution incidents occur, Collier County Pollution Control must be notified immediately. 21.LICENSES 21.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non -responsive. A Vendor, with an office within Collier County is also required to have an occupational license. 21.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active ” in Collier County. 21.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required occupational licenses, please contact the Tax Collector ’s Office at (239) 252 -2477. 22.SURVIVABILITY The Vendor agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the original Solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination. 23.PRINCIPAL/COLLUSION By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 24.RELATION OF COUNTY It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 25.TERMINATION Should the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board ’s Procurement Ordinance. 26.LOBBYING After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty -eight of County Ordinance 2017 -08. 27.CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 28.SINGLE PROPOSAL Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-vendor to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub -vendor to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non -responsive and rejected from further consideration. 29.PROTEST PROCEDURES 29.1 With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within three (3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the information required for the Procurement Services Director, to render a decision on the formal protest and determine whether postponement of the bid opening or proposal/response closing time is appropriate. The Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's decision. 29.2 Any actual proposer or respondent to who desires to protest a recommended contract award shall submit a notice of intent to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. 29.3 All formal protests with respect to a recommended contract award shall be submitted in writing to the Procurement Services Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and accompanied by the required fee. 29.4 Complete form and instructions for formal protest are set forth in Section 23 of Collier County Ordinance 2017 - 08. The protesting party must have standing as defined by established Florida case law to maintain a protest. 30.PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Vendor list. 31.SECURITY AND BACKGROUND CHECKS 31.1 The Contractor is required to comply with County Ordinance 2004 -52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 31.2 All of Contractor ’s employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor ’s business. 31.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e -mail (DL - FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 31.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 32.CONFLICT OF INTEREST Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 33.PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 34.IMMIGRATION LAW AFFIDAVIT CERTIFICATION 34.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. 34.2 The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including Request for Professional Services (RFP) and construction services. 34.3 Exceptions to the program: 34.3.1 Commodity based procurement where no services are provided. 34.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners 34.4 Vendors / Bidders are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor ’s/bidder ’s proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E -Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing the acceptable E -Verify evidence and the executed affidavit the bidder ’s / Vendor ’s proposal may be deemed non - responsive. 34.5 Additionally, Vendors shall require all subcontracted Vendors to use the E -Verify system for all purchases not covered under the “Exceptions to the program ” clause above. 34.6 For additional information regarding the Employment Eligibility Verification System (E -Verify) program visit the following website: http://www.dhs.gov/E -Verify. It shall be the Vendor ’s responsibility to familiarize themselves with all rules and regulations governing this program. 34.7 Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Yes No Certification : I certify that I am in agreement, to the best of my knowledge, with the Instructions To Proposers above. Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 19 pg.141 5 6 INSTRUCTIONS TO PROPOSERS1.QUESTIONS1.1 Direct questions related to this RFP to the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync -cas/.1.2 Proposers must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page.2.PRE -PROPOSAL CONFERENCE2.1 The purpose of the pre -proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum.2.2 All prospective vendors are strongly encouraged to attend, as, this will usually be the only pre -proposal conference for this solicitation. If this pre -proposal conference is denoted as “mandatory ”, prospective Vendors must be present in order to submit a proposal response.3.COMPLIANCE WITH THE RFPProposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFS may result in disqualification.4.AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RFPIt is the sole responsibility of the vendor if they discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Professional, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Professional will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Procurement Services Division.5.PROPOSALS, PRESENTATIONS, AND PROTEST COSTSThe County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures.6.VALIDITY OF PROPOSALSNo proposal can be withdrawn after it is opened unless the vendor makes their request in writing to the County. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process.7.METHOD OF SOURCE SELECTION7.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2017 -08, establishing and adopting the Collier County Procurement Ordinance.7.2 If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals.8.EVALUATION OF PROPOSALS8.1 The County ’s procedure for selecting is as follows:8.1.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted.8.1.2 The Request for Proposal is issued.8.1.3 Subsequent to the receipt closing date for the proposals, the Procurement Professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RFP.8.1.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services Division.8.1.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publicly announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be publicly posted with at least one (1) day advanced notice.8.1.6 Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals.8.1.7 At the publicly noticed selection committee meeting, the members will present their independent findings / conclusions / comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. Time will be allowed for public comment.8.1.8 Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, clarification of proposer information, and/or additional credit information.8.1.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly. The committee will make a determination if oral presentations are needed and which firms will be invited to give oral presentations by short listing the proposals submitted. The selection committee may ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their final ranking.8.1.10 The selection committee ’s overall rank of firms in order of preference (from highest beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the Procurement Professional. By final tabulation, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will vote and thus create a final ranking and staff will subsequently enter into negotiations.8.2 The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information.8.3 Receipt of a proposal by the County offers no rights upon the proposer nor obligates the County in any manner.8.4 Acceptance of the proposal does not guarantee issuance of any other governmental approvals.9.REFERENCESThe County reserves the right to contact any and all references submitted as a result of this solicitation.10.RESERVED RIGHTSCollier County reserves the right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet additional or reduced requirements of Collier County. Notwithstanding any other provisions of this Article, if none or only one responsive and responsible bid or proposal is received following any solicitation, the County Manager, or designee, reserves the right to reject all bids, proposals or offers and to negotiate with any responsible providers to secure the best terms and conditions in the sole interest of the County unless otherwise provided by law. 11.INSURANCE AND BONDING REQUIREMENTS 11.1 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. 11.2 The County and the Vendor waive against each other and the County ’s separate Vendors, Contractors, Design Vendor, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County ’s separate Vendors, Design Vendors and Subcontractors and shall require each of them to include similar waivers in their contracts. 11.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance. 11.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” 11.5 The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. 11.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 11.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor ’s sole responsibility. 11.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. 11.9 The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 11.10 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 11.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 12.ADDITIONAL ITEMS AND/OR SERVICES Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 13.COUNTY ’S RIGHT TO INSPECT The County or its authorized Agent shall have the right to inspect the Vendor ’s facilities/project site during and after each work assignment the Vendor is performing. The County reserves the right to take into consideration a vendor ’s past performance under a prior or current County contract when it is considering the granting of a new contract, the assignment of a work order, or any additional work. Past poor performance may result in the County deeming the vendor non -responsible and therefore refraining from awarding such work. 14.VENDOR PERFORMANCE EVALUATION The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 15.ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 15.1 The selected Vendor shall be required to sign a standard Collier County contract. 15.2 The resultant contract(s) may include purchase or work orders issued by the County ’s project manager. 15.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 15.4 The County ’s project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 16.PUBLIC RECORDS COMPLIANCE 16.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)- (b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR ’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East Suite 102 Naples, FL 34112 -5746 Telephone: (239) 252 -8383 16.2 The Contractor must specifically comply with the Florida Public Records Law to: 16.2.1 Keep and maintain public records required by the public agency to perform the service. 16.2.2 Upon request from the public agency ’s custodian of public records, provide the public agency 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 or as otherwise provided by law. 16.2.3 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 Contractor does not transfer the records to the public agency. 16.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency ’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 17.WORK ORDERS ON FIXED TERM CONTRACTS 17.1 The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County. 17.2 Agreements issued that are determined to be “CONTINUING CONTRACTS ” where services will be requested by Work Orders in excess of $200,000 shall be approved by the Board of County Commissioners. 17.3 Should any project that is active on a work order extend past the contract termination date, that work order will be active and extended as necessary until completion of such project. 18.PAYMENT METHOD 18.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor ’s invoices must include: 18.1.1 Purchase Order Number 18.1.2 Description and quantities of the goods or services provided per instructions on the County ’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk ’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail East, Suite 700 Naples FL 34112 Or Emailed to: bccapclerk@collierclerk.com 18.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non -payment under the legal doctrine of “laches ” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 18.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 18.4 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.”Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 19.ENVIRONMENTAL HEALTH AND SAFETY 19.1 All Vendors and Sub Vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub Vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. 19.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right -of-way for the purpose of inspection of any Vendor’s work operations. This provision is non - negotiable by any department and/or Vendor. 19.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 19.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 20.POLLUTION PREVENTION The vendor is required to implement industry relevant pollution prevention and best management practices. Should pollution incidents occur, Collier County Pollution Control must be notified immediately. 21.LICENSES 21.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non -responsive. A Vendor, with an office within Collier County is also required to have an occupational license. 21.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active ” in Collier County. 21.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required occupational licenses, please contact the Tax Collector ’s Office at (239) 252 -2477. 22.SURVIVABILITY The Vendor agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the original Solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination. 23.PRINCIPAL/COLLUSION By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 24.RELATION OF COUNTY It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 25.TERMINATION Should the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board ’s Procurement Ordinance. 26.LOBBYING After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty -eight of County Ordinance 2017 -08. 27.CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 28.SINGLE PROPOSAL Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-vendor to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub -vendor to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non -responsive and rejected from further consideration. 29.PROTEST PROCEDURES 29.1 With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within three (3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the information required for the Procurement Services Director, to render a decision on the formal protest and determine whether postponement of the bid opening or proposal/response closing time is appropriate. The Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's decision. 29.2 Any actual proposer or respondent to who desires to protest a recommended contract award shall submit a notice of intent to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. 29.3 All formal protests with respect to a recommended contract award shall be submitted in writing to the Procurement Services Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and accompanied by the required fee. 29.4 Complete form and instructions for formal protest are set forth in Section 23 of Collier County Ordinance 2017 - 08. The protesting party must have standing as defined by established Florida case law to maintain a protest. 30.PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Vendor list. 31.SECURITY AND BACKGROUND CHECKS 31.1 The Contractor is required to comply with County Ordinance 2004 -52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 31.2 All of Contractor ’s employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor ’s business. 31.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e -mail (DL - FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 31.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 32.CONFLICT OF INTEREST Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 33.PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 34.IMMIGRATION LAW AFFIDAVIT CERTIFICATION 34.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. 34.2 The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including Request for Professional Services (RFP) and construction services. 34.3 Exceptions to the program: 34.3.1 Commodity based procurement where no services are provided. 34.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners 34.4 Vendors / Bidders are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor ’s/bidder ’s proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E -Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing the acceptable E -Verify evidence and the executed affidavit the bidder ’s / Vendor ’s proposal may be deemed non - responsive. 34.5 Additionally, Vendors shall require all subcontracted Vendors to use the E -Verify system for all purchases not covered under the “Exceptions to the program ” clause above. 34.6 For additional information regarding the Employment Eligibility Verification System (E -Verify) program visit the following website: http://www.dhs.gov/E -Verify. It shall be the Vendor ’s responsibility to familiarize themselves with all rules and regulations governing this program. 34.7 Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Yes No Certification : I certify that I am in agreement, to the best of my knowledge, with the Instructions To Proposers above. Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 20 pg.142 5 6 INSTRUCTIONS TO PROPOSERS1.QUESTIONS1.1 Direct questions related to this RFP to the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync -cas/.1.2 Proposers must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page.2.PRE -PROPOSAL CONFERENCE2.1 The purpose of the pre -proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum.2.2 All prospective vendors are strongly encouraged to attend, as, this will usually be the only pre -proposal conference for this solicitation. If this pre -proposal conference is denoted as “mandatory ”, prospective Vendors must be present in order to submit a proposal response.3.COMPLIANCE WITH THE RFPProposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFS may result in disqualification.4.AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RFPIt is the sole responsibility of the vendor if they discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Professional, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Professional will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Procurement Services Division.5.PROPOSALS, PRESENTATIONS, AND PROTEST COSTSThe County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures.6.VALIDITY OF PROPOSALSNo proposal can be withdrawn after it is opened unless the vendor makes their request in writing to the County. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process.7.METHOD OF SOURCE SELECTION7.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2017 -08, establishing and adopting the Collier County Procurement Ordinance.7.2 If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals.8.EVALUATION OF PROPOSALS8.1 The County ’s procedure for selecting is as follows:8.1.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted.8.1.2 The Request for Proposal is issued.8.1.3 Subsequent to the receipt closing date for the proposals, the Procurement Professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RFP.8.1.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services Division.8.1.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publicly announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be publicly posted with at least one (1) day advanced notice.8.1.6 Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals.8.1.7 At the publicly noticed selection committee meeting, the members will present their independent findings / conclusions / comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. Time will be allowed for public comment.8.1.8 Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, clarification of proposer information, and/or additional credit information.8.1.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly. The committee will make a determination if oral presentations are needed and which firms will be invited to give oral presentations by short listing the proposals submitted. The selection committee may ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their final ranking.8.1.10 The selection committee ’s overall rank of firms in order of preference (from highest beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the Procurement Professional. By final tabulation, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will vote and thus create a final ranking and staff will subsequently enter into negotiations.8.2 The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information.8.3 Receipt of a proposal by the County offers no rights upon the proposer nor obligates the County in any manner.8.4 Acceptance of the proposal does not guarantee issuance of any other governmental approvals.9.REFERENCESThe County reserves the right to contact any and all references submitted as a result of this solicitation.10.RESERVED RIGHTSCollier County reserves the right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet additional or reduced requirements of Collier County. Notwithstanding any other provisions of this Article, if none or only one responsive and responsible bid or proposal is received following any solicitation, the County Manager, or designee, reserves the right to reject all bids, proposals or offers and to negotiate with any responsible providers to secure the best terms and conditions in the sole interest of the County unless otherwise provided by law.11.INSURANCE AND BONDING REQUIREMENTS11.1 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work.11.2 The County and the Vendor waive against each other and the County ’s separate Vendors, Contractors, Design Vendor, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County ’s separate Vendors, Design Vendors and Subcontractors and shall require each of them to include similar waivers in their contracts.11.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance.11.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.”11.5 The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions.11.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows:Collier County Board of County CommissionersNaples, Florida11.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor ’s sole responsibility.11.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer.11.9 The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy.11.10 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 11.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 12.ADDITIONAL ITEMS AND/OR SERVICES Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 13.COUNTY ’S RIGHT TO INSPECT The County or its authorized Agent shall have the right to inspect the Vendor ’s facilities/project site during and after each work assignment the Vendor is performing. The County reserves the right to take into consideration a vendor ’s past performance under a prior or current County contract when it is considering the granting of a new contract, the assignment of a work order, or any additional work. Past poor performance may result in the County deeming the vendor non -responsible and therefore refraining from awarding such work. 14.VENDOR PERFORMANCE EVALUATION The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 15.ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 15.1 The selected Vendor shall be required to sign a standard Collier County contract. 15.2 The resultant contract(s) may include purchase or work orders issued by the County ’s project manager. 15.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 15.4 The County ’s project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 16.PUBLIC RECORDS COMPLIANCE 16.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)- (b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR ’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East Suite 102 Naples, FL 34112 -5746 Telephone: (239) 252 -8383 16.2 The Contractor must specifically comply with the Florida Public Records Law to: 16.2.1 Keep and maintain public records required by the public agency to perform the service. 16.2.2 Upon request from the public agency ’s custodian of public records, provide the public agency 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 or as otherwise provided by law. 16.2.3 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 Contractor does not transfer the records to the public agency. 16.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency ’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 17.WORK ORDERS ON FIXED TERM CONTRACTS 17.1 The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County. 17.2 Agreements issued that are determined to be “CONTINUING CONTRACTS ” where services will be requested by Work Orders in excess of $200,000 shall be approved by the Board of County Commissioners. 17.3 Should any project that is active on a work order extend past the contract termination date, that work order will be active and extended as necessary until completion of such project. 18.PAYMENT METHOD 18.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor ’s invoices must include: 18.1.1 Purchase Order Number 18.1.2 Description and quantities of the goods or services provided per instructions on the County ’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk ’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail East, Suite 700 Naples FL 34112 Or Emailed to: bccapclerk@collierclerk.com 18.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non -payment under the legal doctrine of “laches ” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 18.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 18.4 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.”Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 19.ENVIRONMENTAL HEALTH AND SAFETY 19.1 All Vendors and Sub Vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub Vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. 19.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right -of-way for the purpose of inspection of any Vendor’s work operations. This provision is non - negotiable by any department and/or Vendor. 19.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 19.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 20.POLLUTION PREVENTION The vendor is required to implement industry relevant pollution prevention and best management practices. Should pollution incidents occur, Collier County Pollution Control must be notified immediately. 21.LICENSES 21.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non -responsive. A Vendor, with an office within Collier County is also required to have an occupational license. 21.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active ” in Collier County. 21.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required occupational licenses, please contact the Tax Collector ’s Office at (239) 252 -2477. 22.SURVIVABILITY The Vendor agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the original Solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination. 23.PRINCIPAL/COLLUSION By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 24.RELATION OF COUNTY It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 25.TERMINATION Should the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board ’s Procurement Ordinance. 26.LOBBYING After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty -eight of County Ordinance 2017 -08. 27.CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 28.SINGLE PROPOSAL Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-vendor to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub -vendor to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non -responsive and rejected from further consideration. 29.PROTEST PROCEDURES 29.1 With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within three (3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the information required for the Procurement Services Director, to render a decision on the formal protest and determine whether postponement of the bid opening or proposal/response closing time is appropriate. The Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's decision. 29.2 Any actual proposer or respondent to who desires to protest a recommended contract award shall submit a notice of intent to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. 29.3 All formal protests with respect to a recommended contract award shall be submitted in writing to the Procurement Services Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and accompanied by the required fee. 29.4 Complete form and instructions for formal protest are set forth in Section 23 of Collier County Ordinance 2017 - 08. The protesting party must have standing as defined by established Florida case law to maintain a protest. 30.PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Vendor list. 31.SECURITY AND BACKGROUND CHECKS 31.1 The Contractor is required to comply with County Ordinance 2004 -52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 31.2 All of Contractor ’s employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor ’s business. 31.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e -mail (DL - FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 31.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 32.CONFLICT OF INTEREST Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 33.PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 34.IMMIGRATION LAW AFFIDAVIT CERTIFICATION 34.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. 34.2 The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including Request for Professional Services (RFP) and construction services. 34.3 Exceptions to the program: 34.3.1 Commodity based procurement where no services are provided. 34.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners 34.4 Vendors / Bidders are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor ’s/bidder ’s proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E -Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing the acceptable E -Verify evidence and the executed affidavit the bidder ’s / Vendor ’s proposal may be deemed non - responsive. 34.5 Additionally, Vendors shall require all subcontracted Vendors to use the E -Verify system for all purchases not covered under the “Exceptions to the program ” clause above. 34.6 For additional information regarding the Employment Eligibility Verification System (E -Verify) program visit the following website: http://www.dhs.gov/E -Verify. It shall be the Vendor ’s responsibility to familiarize themselves with all rules and regulations governing this program. 34.7 Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Yes No Certification : I certify that I am in agreement, to the best of my knowledge, with the Instructions To Proposers above. Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 21 pg.143 5 6 INSTRUCTIONS TO PROPOSERS1.QUESTIONS1.1 Direct questions related to this RFP to the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync -cas/.1.2 Proposers must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page.2.PRE -PROPOSAL CONFERENCE2.1 The purpose of the pre -proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum.2.2 All prospective vendors are strongly encouraged to attend, as, this will usually be the only pre -proposal conference for this solicitation. If this pre -proposal conference is denoted as “mandatory ”, prospective Vendors must be present in order to submit a proposal response.3.COMPLIANCE WITH THE RFPProposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFS may result in disqualification.4.AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RFPIt is the sole responsibility of the vendor if they discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Professional, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Professional will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Procurement Services Division.5.PROPOSALS, PRESENTATIONS, AND PROTEST COSTSThe County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures.6.VALIDITY OF PROPOSALSNo proposal can be withdrawn after it is opened unless the vendor makes their request in writing to the County. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process.7.METHOD OF SOURCE SELECTION7.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2017 -08, establishing and adopting the Collier County Procurement Ordinance.7.2 If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals.8.EVALUATION OF PROPOSALS8.1 The County ’s procedure for selecting is as follows:8.1.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted.8.1.2 The Request for Proposal is issued.8.1.3 Subsequent to the receipt closing date for the proposals, the Procurement Professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RFP.8.1.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services Division.8.1.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publicly announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be publicly posted with at least one (1) day advanced notice.8.1.6 Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals.8.1.7 At the publicly noticed selection committee meeting, the members will present their independent findings / conclusions / comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. Time will be allowed for public comment.8.1.8 Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, clarification of proposer information, and/or additional credit information.8.1.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly. The committee will make a determination if oral presentations are needed and which firms will be invited to give oral presentations by short listing the proposals submitted. The selection committee may ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their final ranking.8.1.10 The selection committee ’s overall rank of firms in order of preference (from highest beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the Procurement Professional. By final tabulation, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will vote and thus create a final ranking and staff will subsequently enter into negotiations.8.2 The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information.8.3 Receipt of a proposal by the County offers no rights upon the proposer nor obligates the County in any manner.8.4 Acceptance of the proposal does not guarantee issuance of any other governmental approvals.9.REFERENCESThe County reserves the right to contact any and all references submitted as a result of this solicitation.10.RESERVED RIGHTSCollier County reserves the right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet additional or reduced requirements of Collier County. Notwithstanding any other provisions of this Article, if none or only one responsive and responsible bid or proposal is received following any solicitation, the County Manager, or designee, reserves the right to reject all bids, proposals or offers and to negotiate with any responsible providers to secure the best terms and conditions in the sole interest of the County unless otherwise provided by law.11.INSURANCE AND BONDING REQUIREMENTS11.1 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work.11.2 The County and the Vendor waive against each other and the County ’s separate Vendors, Contractors, Design Vendor, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County ’s separate Vendors, Design Vendors and Subcontractors and shall require each of them to include similar waivers in their contracts.11.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance.11.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.”11.5 The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions.11.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows:Collier County Board of County CommissionersNaples, Florida11.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor ’s sole responsibility.11.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer.11.9 The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy.11.10 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents.11.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts.12.ADDITIONAL ITEMS AND/OR SERVICESAdditional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance.13.COUNTY ’S RIGHT TO INSPECTThe County or its authorized Agent shall have the right to inspect the Vendor ’s facilities/project site during and after each work assignment the Vendor is performing.The County reserves the right to take into consideration a vendor ’s past performance under a prior or current County contract when it is considering the granting of a new contract, the assignment of a work order, or any additional work. Past poor performance may result in the County deeming the vendor non -responsible and therefore refraining from awarding such work.14.VENDOR PERFORMANCE EVALUATIONThe County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement.15.ADDITIONAL TERMS AND CONDITIONS OF CONTRACT15.1 The selected Vendor shall be required to sign a standard Collier County contract.15.2 The resultant contract(s) may include purchase or work orders issued by the County ’s project manager.15.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor.15.4 The County ’s project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work.16.PUBLIC RECORDS COMPLIANCE16.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows:IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR ’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division3299 Tamiami Trail East Suite 102 Naples, FL 34112 -5746 Telephone: (239) 252 -8383 16.2 The Contractor must specifically comply with the Florida Public Records Law to: 16.2.1 Keep and maintain public records required by the public agency to perform the service. 16.2.2 Upon request from the public agency ’s custodian of public records, provide the public agency 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 or as otherwise provided by law. 16.2.3 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 Contractor does not transfer the records to the public agency. 16.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency ’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 17.WORK ORDERS ON FIXED TERM CONTRACTS 17.1 The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County. 17.2 Agreements issued that are determined to be “CONTINUING CONTRACTS ” where services will be requested by Work Orders in excess of $200,000 shall be approved by the Board of County Commissioners. 17.3 Should any project that is active on a work order extend past the contract termination date, that work order will be active and extended as necessary until completion of such project. 18.PAYMENT METHOD 18.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor ’s invoices must include: 18.1.1 Purchase Order Number 18.1.2 Description and quantities of the goods or services provided per instructions on the County ’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk ’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail East, Suite 700 Naples FL 34112 Or Emailed to: bccapclerk@collierclerk.com 18.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non -payment under the legal doctrine of “laches ” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 18.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 18.4 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.”Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 19.ENVIRONMENTAL HEALTH AND SAFETY 19.1 All Vendors and Sub Vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub Vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. 19.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right -of-way for the purpose of inspection of any Vendor’s work operations. This provision is non - negotiable by any department and/or Vendor. 19.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 19.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 20.POLLUTION PREVENTION The vendor is required to implement industry relevant pollution prevention and best management practices. Should pollution incidents occur, Collier County Pollution Control must be notified immediately. 21.LICENSES 21.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non -responsive. A Vendor, with an office within Collier County is also required to have an occupational license. 21.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active ” in Collier County. 21.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required occupational licenses, please contact the Tax Collector ’s Office at (239) 252 -2477. 22.SURVIVABILITY The Vendor agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the original Solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination. 23.PRINCIPAL/COLLUSION By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 24.RELATION OF COUNTY It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 25.TERMINATION Should the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board ’s Procurement Ordinance. 26.LOBBYING After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty -eight of County Ordinance 2017 -08. 27.CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 28.SINGLE PROPOSAL Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-vendor to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub -vendor to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non -responsive and rejected from further consideration. 29.PROTEST PROCEDURES 29.1 With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within three (3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the information required for the Procurement Services Director, to render a decision on the formal protest and determine whether postponement of the bid opening or proposal/response closing time is appropriate. The Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's decision. 29.2 Any actual proposer or respondent to who desires to protest a recommended contract award shall submit a notice of intent to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. 29.3 All formal protests with respect to a recommended contract award shall be submitted in writing to the Procurement Services Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and accompanied by the required fee. 29.4 Complete form and instructions for formal protest are set forth in Section 23 of Collier County Ordinance 2017 - 08. The protesting party must have standing as defined by established Florida case law to maintain a protest. 30.PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Vendor list. 31.SECURITY AND BACKGROUND CHECKS 31.1 The Contractor is required to comply with County Ordinance 2004 -52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 31.2 All of Contractor ’s employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor ’s business. 31.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e -mail (DL - FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 31.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 32.CONFLICT OF INTEREST Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 33.PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 34.IMMIGRATION LAW AFFIDAVIT CERTIFICATION 34.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. 34.2 The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including Request for Professional Services (RFP) and construction services. 34.3 Exceptions to the program: 34.3.1 Commodity based procurement where no services are provided. 34.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners 34.4 Vendors / Bidders are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor ’s/bidder ’s proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E -Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing the acceptable E -Verify evidence and the executed affidavit the bidder ’s / Vendor ’s proposal may be deemed non - responsive. 34.5 Additionally, Vendors shall require all subcontracted Vendors to use the E -Verify system for all purchases not covered under the “Exceptions to the program ” clause above. 34.6 For additional information regarding the Employment Eligibility Verification System (E -Verify) program visit the following website: http://www.dhs.gov/E -Verify. It shall be the Vendor ’s responsibility to familiarize themselves with all rules and regulations governing this program. 34.7 Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Yes No Certification : I certify that I am in agreement, to the best of my knowledge, with the Instructions To Proposers above. Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 22 pg.144 5 6 INSTRUCTIONS TO PROPOSERS1.QUESTIONS1.1 Direct questions related to this RFP to the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync -cas/.1.2 Proposers must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page.2.PRE -PROPOSAL CONFERENCE2.1 The purpose of the pre -proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum.2.2 All prospective vendors are strongly encouraged to attend, as, this will usually be the only pre -proposal conference for this solicitation. If this pre -proposal conference is denoted as “mandatory ”, prospective Vendors must be present in order to submit a proposal response.3.COMPLIANCE WITH THE RFPProposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFS may result in disqualification.4.AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RFPIt is the sole responsibility of the vendor if they discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Professional, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Professional will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Procurement Services Division.5.PROPOSALS, PRESENTATIONS, AND PROTEST COSTSThe County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures.6.VALIDITY OF PROPOSALSNo proposal can be withdrawn after it is opened unless the vendor makes their request in writing to the County. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process.7.METHOD OF SOURCE SELECTION7.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2017 -08, establishing and adopting the Collier County Procurement Ordinance.7.2 If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals.8.EVALUATION OF PROPOSALS8.1 The County ’s procedure for selecting is as follows:8.1.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted.8.1.2 The Request for Proposal is issued.8.1.3 Subsequent to the receipt closing date for the proposals, the Procurement Professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RFP.8.1.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services Division.8.1.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publicly announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be publicly posted with at least one (1) day advanced notice.8.1.6 Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals.8.1.7 At the publicly noticed selection committee meeting, the members will present their independent findings / conclusions / comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. Time will be allowed for public comment.8.1.8 Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, clarification of proposer information, and/or additional credit information.8.1.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly. The committee will make a determination if oral presentations are needed and which firms will be invited to give oral presentations by short listing the proposals submitted. The selection committee may ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their final ranking.8.1.10 The selection committee ’s overall rank of firms in order of preference (from highest beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the Procurement Professional. By final tabulation, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will vote and thus create a final ranking and staff will subsequently enter into negotiations.8.2 The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information.8.3 Receipt of a proposal by the County offers no rights upon the proposer nor obligates the County in any manner.8.4 Acceptance of the proposal does not guarantee issuance of any other governmental approvals.9.REFERENCESThe County reserves the right to contact any and all references submitted as a result of this solicitation.10.RESERVED RIGHTSCollier County reserves the right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet additional or reduced requirements of Collier County. Notwithstanding any other provisions of this Article, if none or only one responsive and responsible bid or proposal is received following any solicitation, the County Manager, or designee, reserves the right to reject all bids, proposals or offers and to negotiate with any responsible providers to secure the best terms and conditions in the sole interest of the County unless otherwise provided by law.11.INSURANCE AND BONDING REQUIREMENTS11.1 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work.11.2 The County and the Vendor waive against each other and the County ’s separate Vendors, Contractors, Design Vendor, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County ’s separate Vendors, Design Vendors and Subcontractors and shall require each of them to include similar waivers in their contracts.11.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance.11.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.”11.5 The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions.11.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows:Collier County Board of County CommissionersNaples, Florida11.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor ’s sole responsibility.11.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer.11.9 The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy.11.10 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents.11.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts.12.ADDITIONAL ITEMS AND/OR SERVICESAdditional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance.13.COUNTY ’S RIGHT TO INSPECTThe County or its authorized Agent shall have the right to inspect the Vendor ’s facilities/project site during and after each work assignment the Vendor is performing.The County reserves the right to take into consideration a vendor ’s past performance under a prior or current County contract when it is considering the granting of a new contract, the assignment of a work order, or any additional work. Past poor performance may result in the County deeming the vendor non -responsible and therefore refraining from awarding such work.14.VENDOR PERFORMANCE EVALUATIONThe County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement.15.ADDITIONAL TERMS AND CONDITIONS OF CONTRACT15.1 The selected Vendor shall be required to sign a standard Collier County contract.15.2 The resultant contract(s) may include purchase or work orders issued by the County ’s project manager.15.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor.15.4 The County ’s project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work.16.PUBLIC RECORDS COMPLIANCE16.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows:IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR ’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division3299 Tamiami Trail EastSuite 102Naples, FL 34112 -5746Telephone: (239) 252 -838316.2 The Contractor must specifically comply with the Florida Public Records Law to:16.2.1 Keep and maintain public records required by the public agency to perform the service.16.2.2 Upon request from the public agency ’s custodian of public records, provide the public agency 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 or as otherwise provided by law.16.2.3 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 Contractor does not transfer the records to the public agency.16.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency ’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.17.WORK ORDERS ON FIXED TERM CONTRACTS17.1 The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County.17.2 Agreements issued that are determined to be “CONTINUING CONTRACTS ” where services will be requested by Work Orders in excess of $200,000 shall be approved by the Board of County Commissioners.17.3 Should any project that is active on a work order extend past the contract termination date, that work order will be active and extended as necessary until completion of such project.18.PAYMENT METHOD18.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor ’s invoices must include:18.1.1 Purchase Order Number18.1.2 Description and quantities of the goods or services provided per instructions on the County ’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk ’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail East, Suite 700Naples FL 34112OrEmailed to: bccapclerk@collierclerk.com 18.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non -payment under the legal doctrine of “laches ” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 18.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 18.4 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.”Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 19.ENVIRONMENTAL HEALTH AND SAFETY 19.1 All Vendors and Sub Vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub Vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. 19.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right -of-way for the purpose of inspection of any Vendor’s work operations. This provision is non - negotiable by any department and/or Vendor. 19.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 19.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 20.POLLUTION PREVENTION The vendor is required to implement industry relevant pollution prevention and best management practices. Should pollution incidents occur, Collier County Pollution Control must be notified immediately. 21.LICENSES 21.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non -responsive. A Vendor, with an office within Collier County is also required to have an occupational license. 21.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active ” in Collier County. 21.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required occupational licenses, please contact the Tax Collector ’s Office at (239) 252 -2477. 22.SURVIVABILITY The Vendor agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the original Solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination. 23.PRINCIPAL/COLLUSION By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 24.RELATION OF COUNTY It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 25.TERMINATION Should the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board ’s Procurement Ordinance. 26.LOBBYING After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty -eight of County Ordinance 2017 -08. 27.CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 28.SINGLE PROPOSAL Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-vendor to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub -vendor to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non -responsive and rejected from further consideration. 29.PROTEST PROCEDURES 29.1 With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within three (3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the information required for the Procurement Services Director, to render a decision on the formal protest and determine whether postponement of the bid opening or proposal/response closing time is appropriate. The Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's decision. 29.2 Any actual proposer or respondent to who desires to protest a recommended contract award shall submit a notice of intent to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. 29.3 All formal protests with respect to a recommended contract award shall be submitted in writing to the Procurement Services Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and accompanied by the required fee. 29.4 Complete form and instructions for formal protest are set forth in Section 23 of Collier County Ordinance 2017 - 08. The protesting party must have standing as defined by established Florida case law to maintain a protest. 30.PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Vendor list. 31.SECURITY AND BACKGROUND CHECKS 31.1 The Contractor is required to comply with County Ordinance 2004 -52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 31.2 All of Contractor ’s employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor ’s business. 31.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e -mail (DL - FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 31.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 32.CONFLICT OF INTEREST Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 33.PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 34.IMMIGRATION LAW AFFIDAVIT CERTIFICATION 34.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. 34.2 The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including Request for Professional Services (RFP) and construction services. 34.3 Exceptions to the program: 34.3.1 Commodity based procurement where no services are provided. 34.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners 34.4 Vendors / Bidders are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor ’s/bidder ’s proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E -Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing the acceptable E -Verify evidence and the executed affidavit the bidder ’s / Vendor ’s proposal may be deemed non - responsive. 34.5 Additionally, Vendors shall require all subcontracted Vendors to use the E -Verify system for all purchases not covered under the “Exceptions to the program ” clause above. 34.6 For additional information regarding the Employment Eligibility Verification System (E -Verify) program visit the following website: http://www.dhs.gov/E -Verify. It shall be the Vendor ’s responsibility to familiarize themselves with all rules and regulations governing this program. 34.7 Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Yes No Certification : I certify that I am in agreement, to the best of my knowledge, with the Instructions To Proposers above. Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 23 pg.145 5 6 INSTRUCTIONS TO PROPOSERS1.QUESTIONS1.1 Direct questions related to this RFP to the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync -cas/.1.2 Proposers must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page.2.PRE -PROPOSAL CONFERENCE2.1 The purpose of the pre -proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum.2.2 All prospective vendors are strongly encouraged to attend, as, this will usually be the only pre -proposal conference for this solicitation. If this pre -proposal conference is denoted as “mandatory ”, prospective Vendors must be present in order to submit a proposal response.3.COMPLIANCE WITH THE RFPProposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFS may result in disqualification.4.AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RFPIt is the sole responsibility of the vendor if they discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Professional, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Professional will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Procurement Services Division.5.PROPOSALS, PRESENTATIONS, AND PROTEST COSTSThe County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures.6.VALIDITY OF PROPOSALSNo proposal can be withdrawn after it is opened unless the vendor makes their request in writing to the County. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process.7.METHOD OF SOURCE SELECTION7.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2017 -08, establishing and adopting the Collier County Procurement Ordinance.7.2 If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals.8.EVALUATION OF PROPOSALS8.1 The County ’s procedure for selecting is as follows:8.1.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted.8.1.2 The Request for Proposal is issued.8.1.3 Subsequent to the receipt closing date for the proposals, the Procurement Professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RFP.8.1.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services Division.8.1.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publicly announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be publicly posted with at least one (1) day advanced notice.8.1.6 Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals.8.1.7 At the publicly noticed selection committee meeting, the members will present their independent findings / conclusions / comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. Time will be allowed for public comment.8.1.8 Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, clarification of proposer information, and/or additional credit information.8.1.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly. The committee will make a determination if oral presentations are needed and which firms will be invited to give oral presentations by short listing the proposals submitted. The selection committee may ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their final ranking.8.1.10 The selection committee ’s overall rank of firms in order of preference (from highest beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the Procurement Professional. By final tabulation, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will vote and thus create a final ranking and staff will subsequently enter into negotiations.8.2 The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information.8.3 Receipt of a proposal by the County offers no rights upon the proposer nor obligates the County in any manner.8.4 Acceptance of the proposal does not guarantee issuance of any other governmental approvals.9.REFERENCESThe County reserves the right to contact any and all references submitted as a result of this solicitation.10.RESERVED RIGHTSCollier County reserves the right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet additional or reduced requirements of Collier County. Notwithstanding any other provisions of this Article, if none or only one responsive and responsible bid or proposal is received following any solicitation, the County Manager, or designee, reserves the right to reject all bids, proposals or offers and to negotiate with any responsible providers to secure the best terms and conditions in the sole interest of the County unless otherwise provided by law.11.INSURANCE AND BONDING REQUIREMENTS11.1 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work.11.2 The County and the Vendor waive against each other and the County ’s separate Vendors, Contractors, Design Vendor, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County ’s separate Vendors, Design Vendors and Subcontractors and shall require each of them to include similar waivers in their contracts.11.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance.11.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.”11.5 The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions.11.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows:Collier County Board of County CommissionersNaples, Florida11.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor ’s sole responsibility.11.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer.11.9 The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy.11.10 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents.11.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts.12.ADDITIONAL ITEMS AND/OR SERVICESAdditional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance.13.COUNTY ’S RIGHT TO INSPECTThe County or its authorized Agent shall have the right to inspect the Vendor ’s facilities/project site during and after each work assignment the Vendor is performing.The County reserves the right to take into consideration a vendor ’s past performance under a prior or current County contract when it is considering the granting of a new contract, the assignment of a work order, or any additional work. Past poor performance may result in the County deeming the vendor non -responsible and therefore refraining from awarding such work.14.VENDOR PERFORMANCE EVALUATIONThe County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement.15.ADDITIONAL TERMS AND CONDITIONS OF CONTRACT15.1 The selected Vendor shall be required to sign a standard Collier County contract.15.2 The resultant contract(s) may include purchase or work orders issued by the County ’s project manager.15.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor.15.4 The County ’s project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work.16.PUBLIC RECORDS COMPLIANCE16.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows:IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR ’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division3299 Tamiami Trail EastSuite 102Naples, FL 34112 -5746Telephone: (239) 252 -838316.2 The Contractor must specifically comply with the Florida Public Records Law to:16.2.1 Keep and maintain public records required by the public agency to perform the service.16.2.2 Upon request from the public agency ’s custodian of public records, provide the public agency 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 or as otherwise provided by law.16.2.3 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 Contractor does not transfer the records to the public agency.16.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency ’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.17.WORK ORDERS ON FIXED TERM CONTRACTS17.1 The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County.17.2 Agreements issued that are determined to be “CONTINUING CONTRACTS ” where services will be requested by Work Orders in excess of $200,000 shall be approved by the Board of County Commissioners.17.3 Should any project that is active on a work order extend past the contract termination date, that work order will be active and extended as necessary until completion of such project.18.PAYMENT METHOD18.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor ’s invoices must include:18.1.1 Purchase Order Number18.1.2 Description and quantities of the goods or services provided per instructions on the County ’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk ’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail East, Suite 700Naples FL 34112OrEmailed to: bccapclerk@collierclerk.com18.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non -payment under the legal doctrine of “laches ” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement.18.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract.18.4 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.”Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements.19.ENVIRONMENTAL HEALTH AND SAFETY19.1 All Vendors and Sub Vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub Vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes.19.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right -of-way for the purpose of inspection of any Vendor’s work operations. This provision is non -negotiable by any department and/or Vendor.19.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer.19.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels.20.POLLUTION PREVENTIONThe vendor is required to implement industry relevant pollution prevention and best management practices. Should pollution incidents occur, Collier County Pollution Control must be notified immediately.21.LICENSES21.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non -responsive. A Vendor, with an office within Collier County is also required to have an occupational license.21.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active ” in Collier County.21.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required occupational licenses, please contact the Tax Collector ’s Office at (239) 252 -2477.22.SURVIVABILITY The Vendor agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the original Solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination. 23.PRINCIPAL/COLLUSION By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 24.RELATION OF COUNTY It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 25.TERMINATION Should the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board ’s Procurement Ordinance. 26.LOBBYING After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty -eight of County Ordinance 2017 -08. 27.CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 28.SINGLE PROPOSAL Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-vendor to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub -vendor to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non -responsive and rejected from further consideration. 29.PROTEST PROCEDURES 29.1 With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within three (3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the information required for the Procurement Services Director, to render a decision on the formal protest and determine whether postponement of the bid opening or proposal/response closing time is appropriate. The Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's decision. 29.2 Any actual proposer or respondent to who desires to protest a recommended contract award shall submit a notice of intent to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. 29.3 All formal protests with respect to a recommended contract award shall be submitted in writing to the Procurement Services Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and accompanied by the required fee. 29.4 Complete form and instructions for formal protest are set forth in Section 23 of Collier County Ordinance 2017 - 08. The protesting party must have standing as defined by established Florida case law to maintain a protest. 30.PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Vendor list. 31.SECURITY AND BACKGROUND CHECKS 31.1 The Contractor is required to comply with County Ordinance 2004 -52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 31.2 All of Contractor ’s employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor ’s business. 31.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e -mail (DL - FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 31.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 32.CONFLICT OF INTEREST Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 33.PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 34.IMMIGRATION LAW AFFIDAVIT CERTIFICATION 34.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. 34.2 The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including Request for Professional Services (RFP) and construction services. 34.3 Exceptions to the program: 34.3.1 Commodity based procurement where no services are provided. 34.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners 34.4 Vendors / Bidders are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor ’s/bidder ’s proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E -Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing the acceptable E -Verify evidence and the executed affidavit the bidder ’s / Vendor ’s proposal may be deemed non - responsive. 34.5 Additionally, Vendors shall require all subcontracted Vendors to use the E -Verify system for all purchases not covered under the “Exceptions to the program ” clause above. 34.6 For additional information regarding the Employment Eligibility Verification System (E -Verify) program visit the following website: http://www.dhs.gov/E -Verify. It shall be the Vendor ’s responsibility to familiarize themselves with all rules and regulations governing this program. 34.7 Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Yes No Certification : I certify that I am in agreement, to the best of my knowledge, with the Instructions To Proposers above. Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 24 pg.146 5 6 INSTRUCTIONS TO PROPOSERS1.QUESTIONS1.1 Direct questions related to this RFP to the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync -cas/.1.2 Proposers must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page.2.PRE -PROPOSAL CONFERENCE2.1 The purpose of the pre -proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum.2.2 All prospective vendors are strongly encouraged to attend, as, this will usually be the only pre -proposal conference for this solicitation. If this pre -proposal conference is denoted as “mandatory ”, prospective Vendors must be present in order to submit a proposal response.3.COMPLIANCE WITH THE RFPProposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFS may result in disqualification.4.AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RFPIt is the sole responsibility of the vendor if they discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Professional, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Professional will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Procurement Services Division.5.PROPOSALS, PRESENTATIONS, AND PROTEST COSTSThe County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures.6.VALIDITY OF PROPOSALSNo proposal can be withdrawn after it is opened unless the vendor makes their request in writing to the County. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process.7.METHOD OF SOURCE SELECTION7.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2017 -08, establishing and adopting the Collier County Procurement Ordinance.7.2 If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals.8.EVALUATION OF PROPOSALS8.1 The County ’s procedure for selecting is as follows:8.1.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted.8.1.2 The Request for Proposal is issued.8.1.3 Subsequent to the receipt closing date for the proposals, the Procurement Professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RFP.8.1.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services Division.8.1.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publicly announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be publicly posted with at least one (1) day advanced notice.8.1.6 Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals.8.1.7 At the publicly noticed selection committee meeting, the members will present their independent findings / conclusions / comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. Time will be allowed for public comment.8.1.8 Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, clarification of proposer information, and/or additional credit information.8.1.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly. The committee will make a determination if oral presentations are needed and which firms will be invited to give oral presentations by short listing the proposals submitted. The selection committee may ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their final ranking.8.1.10 The selection committee ’s overall rank of firms in order of preference (from highest beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the Procurement Professional. By final tabulation, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will vote and thus create a final ranking and staff will subsequently enter into negotiations.8.2 The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information.8.3 Receipt of a proposal by the County offers no rights upon the proposer nor obligates the County in any manner.8.4 Acceptance of the proposal does not guarantee issuance of any other governmental approvals.9.REFERENCESThe County reserves the right to contact any and all references submitted as a result of this solicitation.10.RESERVED RIGHTSCollier County reserves the right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet additional or reduced requirements of Collier County. Notwithstanding any other provisions of this Article, if none or only one responsive and responsible bid or proposal is received following any solicitation, the County Manager, or designee, reserves the right to reject all bids, proposals or offers and to negotiate with any responsible providers to secure the best terms and conditions in the sole interest of the County unless otherwise provided by law.11.INSURANCE AND BONDING REQUIREMENTS11.1 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work.11.2 The County and the Vendor waive against each other and the County ’s separate Vendors, Contractors, Design Vendor, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County ’s separate Vendors, Design Vendors and Subcontractors and shall require each of them to include similar waivers in their contracts.11.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance.11.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.”11.5 The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions.11.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows:Collier County Board of County CommissionersNaples, Florida11.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor ’s sole responsibility.11.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer.11.9 The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy.11.10 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents.11.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts.12.ADDITIONAL ITEMS AND/OR SERVICESAdditional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance.13.COUNTY ’S RIGHT TO INSPECTThe County or its authorized Agent shall have the right to inspect the Vendor ’s facilities/project site during and after each work assignment the Vendor is performing.The County reserves the right to take into consideration a vendor ’s past performance under a prior or current County contract when it is considering the granting of a new contract, the assignment of a work order, or any additional work. Past poor performance may result in the County deeming the vendor non -responsible and therefore refraining from awarding such work.14.VENDOR PERFORMANCE EVALUATIONThe County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement.15.ADDITIONAL TERMS AND CONDITIONS OF CONTRACT15.1 The selected Vendor shall be required to sign a standard Collier County contract.15.2 The resultant contract(s) may include purchase or work orders issued by the County ’s project manager.15.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor.15.4 The County ’s project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work.16.PUBLIC RECORDS COMPLIANCE16.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows:IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR ’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division3299 Tamiami Trail EastSuite 102Naples, FL 34112 -5746Telephone: (239) 252 -838316.2 The Contractor must specifically comply with the Florida Public Records Law to:16.2.1 Keep and maintain public records required by the public agency to perform the service.16.2.2 Upon request from the public agency ’s custodian of public records, provide the public agency 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 or as otherwise provided by law.16.2.3 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 Contractor does not transfer the records to the public agency.16.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency ’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.17.WORK ORDERS ON FIXED TERM CONTRACTS17.1 The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County.17.2 Agreements issued that are determined to be “CONTINUING CONTRACTS ” where services will be requested by Work Orders in excess of $200,000 shall be approved by the Board of County Commissioners.17.3 Should any project that is active on a work order extend past the contract termination date, that work order will be active and extended as necessary until completion of such project.18.PAYMENT METHOD18.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor ’s invoices must include:18.1.1 Purchase Order Number18.1.2 Description and quantities of the goods or services provided per instructions on the County ’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk ’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail East, Suite 700Naples FL 34112OrEmailed to: bccapclerk@collierclerk.com18.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non -payment under the legal doctrine of “laches ” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement.18.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract.18.4 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.”Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements.19.ENVIRONMENTAL HEALTH AND SAFETY19.1 All Vendors and Sub Vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub Vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes.19.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right -of-way for the purpose of inspection of any Vendor’s work operations. This provision is non -negotiable by any department and/or Vendor.19.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer.19.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels.20.POLLUTION PREVENTIONThe vendor is required to implement industry relevant pollution prevention and best management practices. Should pollution incidents occur, Collier County Pollution Control must be notified immediately.21.LICENSES21.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non -responsive. A Vendor, with an office within Collier County is also required to have an occupational license.21.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active ” in Collier County.21.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required occupational licenses, please contact the Tax Collector ’s Office at (239) 252 -2477.22.SURVIVABILITYThe Vendor agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the original Solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination.23.PRINCIPAL/COLLUSIONBy submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud.24.RELATION OF COUNTYIt is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation.25.TERMINATIONShould the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board ’s Procurement Ordinance.26.LOBBYINGAfter the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty -eight of County Ordinance 2017 -08.27.CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL Statute 607.1501)In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm.28.SINGLE PROPOSALEach Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-vendor to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub -vendor to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non -responsive and rejected from further consideration.29.PROTEST PROCEDURES 29.1 With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within three (3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the information required for the Procurement Services Director, to render a decision on the formal protest and determine whether postponement of the bid opening or proposal/response closing time is appropriate. The Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's decision. 29.2 Any actual proposer or respondent to who desires to protest a recommended contract award shall submit a notice of intent to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. 29.3 All formal protests with respect to a recommended contract award shall be submitted in writing to the Procurement Services Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and accompanied by the required fee. 29.4 Complete form and instructions for formal protest are set forth in Section 23 of Collier County Ordinance 2017 - 08. The protesting party must have standing as defined by established Florida case law to maintain a protest. 30.PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Vendor list. 31.SECURITY AND BACKGROUND CHECKS 31.1 The Contractor is required to comply with County Ordinance 2004 -52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 31.2 All of Contractor ’s employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor ’s business. 31.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e -mail (DL - FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 31.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 32.CONFLICT OF INTEREST Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 33.PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 34.IMMIGRATION LAW AFFIDAVIT CERTIFICATION 34.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. 34.2 The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including Request for Professional Services (RFP) and construction services. 34.3 Exceptions to the program: 34.3.1 Commodity based procurement where no services are provided. 34.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners 34.4 Vendors / Bidders are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor ’s/bidder ’s proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E -Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing the acceptable E -Verify evidence and the executed affidavit the bidder ’s / Vendor ’s proposal may be deemed non - responsive. 34.5 Additionally, Vendors shall require all subcontracted Vendors to use the E -Verify system for all purchases not covered under the “Exceptions to the program ” clause above. 34.6 For additional information regarding the Employment Eligibility Verification System (E -Verify) program visit the following website: http://www.dhs.gov/E -Verify. It shall be the Vendor ’s responsibility to familiarize themselves with all rules and regulations governing this program. 34.7 Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Yes No Certification : I certify that I am in agreement, to the best of my knowledge, with the Instructions To Proposers above. Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 25 pg.147 5 6 INSTRUCTIONS TO PROPOSERS1.QUESTIONS1.1 Direct questions related to this RFP to the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync -cas/.1.2 Proposers must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page.2.PRE -PROPOSAL CONFERENCE2.1 The purpose of the pre -proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum.2.2 All prospective vendors are strongly encouraged to attend, as, this will usually be the only pre -proposal conference for this solicitation. If this pre -proposal conference is denoted as “mandatory ”, prospective Vendors must be present in order to submit a proposal response.3.COMPLIANCE WITH THE RFPProposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFS may result in disqualification.4.AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RFPIt is the sole responsibility of the vendor if they discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Professional, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Professional will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Procurement Services Division.5.PROPOSALS, PRESENTATIONS, AND PROTEST COSTSThe County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures.6.VALIDITY OF PROPOSALSNo proposal can be withdrawn after it is opened unless the vendor makes their request in writing to the County. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process.7.METHOD OF SOURCE SELECTION7.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2017 -08, establishing and adopting the Collier County Procurement Ordinance.7.2 If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals.8.EVALUATION OF PROPOSALS8.1 The County ’s procedure for selecting is as follows:8.1.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted.8.1.2 The Request for Proposal is issued.8.1.3 Subsequent to the receipt closing date for the proposals, the Procurement Professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RFP.8.1.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services Division.8.1.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publicly announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be publicly posted with at least one (1) day advanced notice.8.1.6 Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals.8.1.7 At the publicly noticed selection committee meeting, the members will present their independent findings / conclusions / comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. Time will be allowed for public comment.8.1.8 Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, clarification of proposer information, and/or additional credit information.8.1.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly. The committee will make a determination if oral presentations are needed and which firms will be invited to give oral presentations by short listing the proposals submitted. The selection committee may ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their final ranking.8.1.10 The selection committee ’s overall rank of firms in order of preference (from highest beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the Procurement Professional. By final tabulation, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will vote and thus create a final ranking and staff will subsequently enter into negotiations.8.2 The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information.8.3 Receipt of a proposal by the County offers no rights upon the proposer nor obligates the County in any manner.8.4 Acceptance of the proposal does not guarantee issuance of any other governmental approvals.9.REFERENCESThe County reserves the right to contact any and all references submitted as a result of this solicitation.10.RESERVED RIGHTSCollier County reserves the right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet additional or reduced requirements of Collier County. Notwithstanding any other provisions of this Article, if none or only one responsive and responsible bid or proposal is received following any solicitation, the County Manager, or designee, reserves the right to reject all bids, proposals or offers and to negotiate with any responsible providers to secure the best terms and conditions in the sole interest of the County unless otherwise provided by law.11.INSURANCE AND BONDING REQUIREMENTS11.1 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work.11.2 The County and the Vendor waive against each other and the County ’s separate Vendors, Contractors, Design Vendor, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County ’s separate Vendors, Design Vendors and Subcontractors and shall require each of them to include similar waivers in their contracts.11.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance.11.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.”11.5 The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions.11.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows:Collier County Board of County CommissionersNaples, Florida11.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor ’s sole responsibility.11.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer.11.9 The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy.11.10 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents.11.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts.12.ADDITIONAL ITEMS AND/OR SERVICESAdditional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance.13.COUNTY ’S RIGHT TO INSPECTThe County or its authorized Agent shall have the right to inspect the Vendor ’s facilities/project site during and after each work assignment the Vendor is performing.The County reserves the right to take into consideration a vendor ’s past performance under a prior or current County contract when it is considering the granting of a new contract, the assignment of a work order, or any additional work. Past poor performance may result in the County deeming the vendor non -responsible and therefore refraining from awarding such work.14.VENDOR PERFORMANCE EVALUATIONThe County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement.15.ADDITIONAL TERMS AND CONDITIONS OF CONTRACT15.1 The selected Vendor shall be required to sign a standard Collier County contract.15.2 The resultant contract(s) may include purchase or work orders issued by the County ’s project manager.15.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor.15.4 The County ’s project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work.16.PUBLIC RECORDS COMPLIANCE16.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows:IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR ’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division3299 Tamiami Trail EastSuite 102Naples, FL 34112 -5746Telephone: (239) 252 -838316.2 The Contractor must specifically comply with the Florida Public Records Law to:16.2.1 Keep and maintain public records required by the public agency to perform the service.16.2.2 Upon request from the public agency ’s custodian of public records, provide the public agency 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 or as otherwise provided by law.16.2.3 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 Contractor does not transfer the records to the public agency.16.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency ’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.17.WORK ORDERS ON FIXED TERM CONTRACTS17.1 The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County.17.2 Agreements issued that are determined to be “CONTINUING CONTRACTS ” where services will be requested by Work Orders in excess of $200,000 shall be approved by the Board of County Commissioners.17.3 Should any project that is active on a work order extend past the contract termination date, that work order will be active and extended as necessary until completion of such project.18.PAYMENT METHOD18.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor ’s invoices must include:18.1.1 Purchase Order Number18.1.2 Description and quantities of the goods or services provided per instructions on the County ’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk ’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail East, Suite 700Naples FL 34112OrEmailed to: bccapclerk@collierclerk.com18.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non -payment under the legal doctrine of “laches ” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement.18.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract.18.4 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.”Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements.19.ENVIRONMENTAL HEALTH AND SAFETY19.1 All Vendors and Sub Vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub Vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes.19.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right -of-way for the purpose of inspection of any Vendor’s work operations. This provision is non -negotiable by any department and/or Vendor.19.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer.19.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels.20.POLLUTION PREVENTIONThe vendor is required to implement industry relevant pollution prevention and best management practices. Should pollution incidents occur, Collier County Pollution Control must be notified immediately.21.LICENSES21.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non -responsive. A Vendor, with an office within Collier County is also required to have an occupational license.21.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active ” in Collier County.21.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required occupational licenses, please contact the Tax Collector ’s Office at (239) 252 -2477.22.SURVIVABILITYThe Vendor agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the original Solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination.23.PRINCIPAL/COLLUSIONBy submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud.24.RELATION OF COUNTYIt is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation.25.TERMINATIONShould the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board ’s Procurement Ordinance.26.LOBBYINGAfter the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty -eight of County Ordinance 2017 -08.27.CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL Statute 607.1501)In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm.28.SINGLE PROPOSALEach Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-vendor to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub -vendor to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non -responsive and rejected from further consideration.29.PROTEST PROCEDURES29.1 With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within three (3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the information required for the Procurement Services Director, to render a decision on the formal protest and determine whether postponement of the bid opening or proposal/response closing time is appropriate. The Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's decision.29.2 Any actual proposer or respondent to who desires to protest a recommended contract award shall submit a notice of intent to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award.29.3 All formal protests with respect to a recommended contract award shall be submitted in writing to the Procurement Services Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and accompanied by the required fee. 29.4 Complete form and instructions for formal protest are set forth in Section 23 of Collier County Ordinance 2017 -08. The protesting party must have standing as defined by established Florida case law to maintain a protest.30.PUBLIC ENTITY CRIMEA person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Vendor list.31.SECURITY AND BACKGROUND CHECKS31.1 The Contractor is required to comply with County Ordinance 2004 -52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years.31.2 All of Contractor ’s employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor ’s business.31.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e -mail (DL -FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident.31.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 32.CONFLICT OF INTEREST Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 33.PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 34.IMMIGRATION LAW AFFIDAVIT CERTIFICATION 34.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. 34.2 The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including Request for Professional Services (RFP) and construction services. 34.3 Exceptions to the program: 34.3.1 Commodity based procurement where no services are provided. 34.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners 34.4 Vendors / Bidders are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor ’s/bidder ’s proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E -Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing the acceptable E -Verify evidence and the executed affidavit the bidder ’s / Vendor ’s proposal may be deemed non - responsive. 34.5 Additionally, Vendors shall require all subcontracted Vendors to use the E -Verify system for all purchases not covered under the “Exceptions to the program ” clause above. 34.6 For additional information regarding the Employment Eligibility Verification System (E -Verify) program visit the following website: http://www.dhs.gov/E -Verify. It shall be the Vendor ’s responsibility to familiarize themselves with all rules and regulations governing this program. 34.7 Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Yes No Certification : I certify that I am in agreement, to the best of my knowledge, with the Instructions To Proposers above. Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 26 pg.148 5 6 INSTRUCTIONS TO PROPOSERS1.QUESTIONS1.1 Direct questions related to this RFP to the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync -cas/.1.2 Proposers must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page.2.PRE -PROPOSAL CONFERENCE2.1 The purpose of the pre -proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum.2.2 All prospective vendors are strongly encouraged to attend, as, this will usually be the only pre -proposal conference for this solicitation. If this pre -proposal conference is denoted as “mandatory ”, prospective Vendors must be present in order to submit a proposal response.3.COMPLIANCE WITH THE RFPProposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFS may result in disqualification.4.AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RFPIt is the sole responsibility of the vendor if they discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Professional, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Professional will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Procurement Services Division.5.PROPOSALS, PRESENTATIONS, AND PROTEST COSTSThe County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures.6.VALIDITY OF PROPOSALSNo proposal can be withdrawn after it is opened unless the vendor makes their request in writing to the County. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process.7.METHOD OF SOURCE SELECTION7.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2017 -08, establishing and adopting the Collier County Procurement Ordinance.7.2 If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals.8.EVALUATION OF PROPOSALS8.1 The County ’s procedure for selecting is as follows:8.1.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted.8.1.2 The Request for Proposal is issued.8.1.3 Subsequent to the receipt closing date for the proposals, the Procurement Professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RFP.8.1.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services Division.8.1.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publicly announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be publicly posted with at least one (1) day advanced notice.8.1.6 Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals.8.1.7 At the publicly noticed selection committee meeting, the members will present their independent findings / conclusions / comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. Time will be allowed for public comment.8.1.8 Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, clarification of proposer information, and/or additional credit information.8.1.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly. The committee will make a determination if oral presentations are needed and which firms will be invited to give oral presentations by short listing the proposals submitted. The selection committee may ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their final ranking.8.1.10 The selection committee ’s overall rank of firms in order of preference (from highest beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the Procurement Professional. By final tabulation, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will vote and thus create a final ranking and staff will subsequently enter into negotiations.8.2 The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information.8.3 Receipt of a proposal by the County offers no rights upon the proposer nor obligates the County in any manner.8.4 Acceptance of the proposal does not guarantee issuance of any other governmental approvals.9.REFERENCESThe County reserves the right to contact any and all references submitted as a result of this solicitation.10.RESERVED RIGHTSCollier County reserves the right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet additional or reduced requirements of Collier County. Notwithstanding any other provisions of this Article, if none or only one responsive and responsible bid or proposal is received following any solicitation, the County Manager, or designee, reserves the right to reject all bids, proposals or offers and to negotiate with any responsible providers to secure the best terms and conditions in the sole interest of the County unless otherwise provided by law.11.INSURANCE AND BONDING REQUIREMENTS11.1 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work.11.2 The County and the Vendor waive against each other and the County ’s separate Vendors, Contractors, Design Vendor, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County ’s separate Vendors, Design Vendors and Subcontractors and shall require each of them to include similar waivers in their contracts.11.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance.11.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.”11.5 The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions.11.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows:Collier County Board of County CommissionersNaples, Florida11.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor ’s sole responsibility.11.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer.11.9 The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy.11.10 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents.11.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts.12.ADDITIONAL ITEMS AND/OR SERVICESAdditional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance.13.COUNTY ’S RIGHT TO INSPECTThe County or its authorized Agent shall have the right to inspect the Vendor ’s facilities/project site during and after each work assignment the Vendor is performing.The County reserves the right to take into consideration a vendor ’s past performance under a prior or current County contract when it is considering the granting of a new contract, the assignment of a work order, or any additional work. Past poor performance may result in the County deeming the vendor non -responsible and therefore refraining from awarding such work.14.VENDOR PERFORMANCE EVALUATIONThe County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement.15.ADDITIONAL TERMS AND CONDITIONS OF CONTRACT15.1 The selected Vendor shall be required to sign a standard Collier County contract.15.2 The resultant contract(s) may include purchase or work orders issued by the County ’s project manager.15.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor.15.4 The County ’s project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work.16.PUBLIC RECORDS COMPLIANCE16.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows:IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR ’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division3299 Tamiami Trail EastSuite 102Naples, FL 34112 -5746Telephone: (239) 252 -838316.2 The Contractor must specifically comply with the Florida Public Records Law to:16.2.1 Keep and maintain public records required by the public agency to perform the service.16.2.2 Upon request from the public agency ’s custodian of public records, provide the public agency 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 or as otherwise provided by law.16.2.3 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 Contractor does not transfer the records to the public agency.16.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency ’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.17.WORK ORDERS ON FIXED TERM CONTRACTS17.1 The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County.17.2 Agreements issued that are determined to be “CONTINUING CONTRACTS ” where services will be requested by Work Orders in excess of $200,000 shall be approved by the Board of County Commissioners.17.3 Should any project that is active on a work order extend past the contract termination date, that work order will be active and extended as necessary until completion of such project.18.PAYMENT METHOD18.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor ’s invoices must include:18.1.1 Purchase Order Number18.1.2 Description and quantities of the goods or services provided per instructions on the County ’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk ’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail East, Suite 700Naples FL 34112OrEmailed to: bccapclerk@collierclerk.com18.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non -payment under the legal doctrine of “laches ” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement.18.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract.18.4 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.”Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements.19.ENVIRONMENTAL HEALTH AND SAFETY19.1 All Vendors and Sub Vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub Vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes.19.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right -of-way for the purpose of inspection of any Vendor’s work operations. This provision is non -negotiable by any department and/or Vendor.19.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer.19.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels.20.POLLUTION PREVENTIONThe vendor is required to implement industry relevant pollution prevention and best management practices. Should pollution incidents occur, Collier County Pollution Control must be notified immediately.21.LICENSES21.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non -responsive. A Vendor, with an office within Collier County is also required to have an occupational license.21.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active ” in Collier County.21.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required occupational licenses, please contact the Tax Collector ’s Office at (239) 252 -2477.22.SURVIVABILITYThe Vendor agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the original Solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination.23.PRINCIPAL/COLLUSIONBy submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud.24.RELATION OF COUNTYIt is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation.25.TERMINATIONShould the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board ’s Procurement Ordinance.26.LOBBYINGAfter the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty -eight of County Ordinance 2017 -08.27.CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL Statute 607.1501)In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm.28.SINGLE PROPOSALEach Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-vendor to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub -vendor to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non -responsive and rejected from further consideration.29.PROTEST PROCEDURES29.1 With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within three (3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the information required for the Procurement Services Director, to render a decision on the formal protest and determine whether postponement of the bid opening or proposal/response closing time is appropriate. The Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's decision.29.2 Any actual proposer or respondent to who desires to protest a recommended contract award shall submit a notice of intent to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award.29.3 All formal protests with respect to a recommended contract award shall be submitted in writing to the Procurement Services Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and accompanied by the required fee. 29.4 Complete form and instructions for formal protest are set forth in Section 23 of Collier County Ordinance 2017 -08. The protesting party must have standing as defined by established Florida case law to maintain a protest.30.PUBLIC ENTITY CRIMEA person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Vendor list.31.SECURITY AND BACKGROUND CHECKS31.1 The Contractor is required to comply with County Ordinance 2004 -52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years.31.2 All of Contractor ’s employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor ’s business.31.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e -mail (DL -FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident.31.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs.32.CONFLICT OF INTERESTVendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution.33.PROHIBITION OF GIFTS TO COUNTY EMPLOYEESNo organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause.34.IMMIGRATION LAW AFFIDAVIT CERTIFICATION34.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States.34.2 The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including Request for Professional Services (RFP) and construction services.34.3 Exceptions to the program:34.3.1 Commodity based procurement where no services are provided.34.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners34.4 Vendors / Bidders are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor ’s/bidder ’s proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E -Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing the acceptable E -Verify evidence and the executed affidavit the bidder ’s / Vendor ’s proposal may be deemed non -responsive. 34.5 Additionally, Vendors shall require all subcontracted Vendors to use the E -Verify system for all purchases not covered under the “Exceptions to the program ” clause above.34.6 For additional information regarding the Employment Eligibility Verification System (E -Verify) program visit the following website: http://www.dhs.gov/E -Verify. It shall be the Vendor ’s responsibility to familiarize themselves with all rules and regulations governing this program.34.7 Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Yes No Certification : I certify that I am in agreement, to the best of my knowledge, with the Instructions To Proposers above. Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 27 pg.149 1. PURCHASE ORDER TERMS AND CONDITIONS 1.1 Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 1.2 Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY’S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDO R. 1.3 Inspection 1.3.1 All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR’S expense. 1.3.2 To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non conforming or otherwise rejected by the COUNTY. 1.4 Shipping and Invoices 1.4.1 a) All goods are FOB destination and must be suitably packed and prep ared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. 1.4.2 b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. 1.4.3 c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR’S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. 1.4.4 d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discount s of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act,” and, pursuant to the Board of County Commissioners Purchasing Policy. 1.5 Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 28 pg.150 at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurre d in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY’S right to insist upon further compliance with all specifications. 1.6 Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 1.7 Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from def ects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 1.8 Statutory Conformity 1.8.1 Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transpo rtation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 1.9 Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY’S name or other identifying marks or property without the prior written consent of the COUNTY’S Purchasing Department. 1.10 Indemnification VENDOR shall defend, indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 1.11 Warranty of Non Infringement 1.11.1 VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. 1.11.2 VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY’S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). 1.11.3 If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 29 pg.151 1.12 Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 1.13 Compliance with Laws In fulfilling the terms of t his Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shal l constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 1.14 Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 1.15 Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 1.16 Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 1.17 Annual Appropriations The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 1.18 Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 1.19 General 1.19.1 a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida 1.19.2 b) Failure of the COUNTY to act immediately in response to a breach of this P urchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 30 pg.152 1.19.3 c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. 1.19.4 d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. 1.19.5 e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 31 pg.153 Reference Questionnaire Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Compa ny listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very sat isifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 32 pg.154 Form 1: Vendor’s Non-Response Statement The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear, concise and ope nly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this solicitation, please indicate the reason(s) by checking the item(s) listed below and return this form via email noted on the cover page, or mail to Collier County Government, Procurement Services Division, 3295 Tamiami Trail East, BLDG C-2, Naples, FL 34112. We are not responding to the solicitation for the following reason(s): Collier County Business Tax Receipt (Vendors Located in Collier County Only). Services requested not available through our company. Our firm could not meet specifications/scope of work. Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) Project is too small. Insufficient time allowed for preparation of response. Incorrect address used. Please correct mailing address: Other reason(s): Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name: _____________________________________ Date _____________ Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 33 pg.155 Form 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: The Solicitation Submittal has been signed. All applicable forms have been signed and included, along with licenses to complete the requirements of the project. Any addenda have been signed and included. ALL SUBMITTALS MUST HAVE THE SOLICITATION NUMBER AND TITLE Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name: ________________________________________ Date ___________ Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 34 pg.156 Form 3: Conflict of Interest Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories below: Biased ground rules – The firm has not set the “ground rules” for affiliated past or current Collier County project identified above (e.g., writing a procurement’s statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity – The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor’s ability to render impartial advice to the government. Unequal access to information – The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the “sunshine”) or through non-public (not in the “sunshine”) conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an or ganizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, cont ractual, organizational, or otherwise) which relates to the proje ct identified above has been fully disclosed and does not pose an organizational conflict. Firm: ____________________________________________________________________________ Signature and Date:_________________________________________________________________ Print Name: _______________________________________________________________________ Title of Signatory: __________________________________________________________________ Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 35 pg.157 Form 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this solicitation submittal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced Solicitation. Further, the vendor agrees that if awarded a contract for these goods and/or services, the vendor will not be eligible to compete, submit a proposal, be awarded, or perfo rm as a sub-vendor for any future associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on thi s _____ day of _____________, 20__ in the County of _______________, in the State of _____________. Firm’s Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR # or CAGE Code *Only if Grant Funded __________________________________________________________________________ Telephone: Signature by: (Typed and written) Title: Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 36 pg.158 Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 37 pg.159 Form 5: Immigration Affidavit Certification This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal solicitation submittals. Further, Vendors are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E -Verify program may deem the Vendor’s proposal as non-responsive. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigrat ion and Nationality Act (“INA”). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E -Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor’s proposal. Company Name ____________________________________________________________________ Print Name Title _______________________ Signature Date _______________________ State of ___________________ County of _________________ The signee of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 38 pg.160 Form 6: Vendor Substitute W – 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) requires that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name ________________________________________________________________________________ (as shown on income tax return) Business Name (if different from taxpayer name) Address ____________________________________ City ______________________________________________ State ______________________________________ Zip______________________________________________ Telephone __________________ Email_____________________ Order Information (Must be filled out) Address ___________________________________ Remit / Payment Information (Must be filled out) Address ____________________________________________ City __________ State ________ Zip ___________ City _____________ State _________ Zip______________ Email ____________________________________ Email _____________________________________________ 2. Company Status (check only one) Individual / Sole Proprietor Corporation Partnership Tax Exempt (Federal income tax-exempt entity under Internal Revenue Service guidelines IRC 501 (c) 3) Limited Liability Company Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) _______________________________________________________________ (Vendors who do not have a TIN, will be required to provide a social security number prior to an award). 4. Sign and Date Form: Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature ___________________________________________________________ Date ______________________________ Title _______________________________________________________________ Phone Number ________________________ Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 39 pg.161 Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 40 pg.162 INSURANCE AND BONDING REQUIREMENTS Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers’ Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption. An application for exemption can be obtained online at https://apps.fldfs.com/bocexempt/ 2. Employer’s Liability $_1,000,000_ single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $_1,000,000___single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. Automobile Liability $_1,000,000__ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. 1, Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ __________ Per Occurrence Professional Liability $ 1,000,000_ Per claim & in the aggregate Project Professional Liability $__________ Per Occurrence Valuable Papers Insurance $__________ Per Occurrence Cyber Liability $__________ Per Occurrence Technology Errors & Omissions $__________ Per Occurrence 7. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 41 pg.163 8. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor’s policy shall be endorsed accordingly. 11. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insura nce must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. Thirty (30) Days Cancellation Notice required. 6/5/18 - GG ________________________________________________________________________________________ Vendor’s Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm _______________________________________ Date ____________________________ Vendor Signature _________________________________________________________________________ Print Name _________________________________________________________________________ Insurance Agency _________________________________________________________________________ Agent Name ___________________________________ Telephone Number ________________ Solicitation 18-7403Collier County 6/27/2018 3:02 PM p. 42 pg.164 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 2/23/2018 Brown &Brown Insurance -Clearwater 83 Park Place Blvd.,Suite 101 Clearwater FL 33759-3925 Linda Waldorf 727-461-6044 727-442-7695 lwaldorf@bbpinellas.com American Interstate Insurance Company 31895 PUREAI2 Arch Specialty Insurance Company 21199PureAirControlServices,Inc Building Health Check LLC 4911 Creekside Dr.,Ste.C Clearwater FL 33760 Auto-Owners Insurance Company 18988 629259512 B X 3,000,000 X 300,000 5,000 3,000,000 3,000,000 X X Prof.Liab.* Y 12EMP7201506 2/25/2018 2/25/2019 3,000,000 Per Wrongful Act 3,000,000 C 1,000,000 X X X X PIP $10,000 Y 5108493800 2/25/2018 2/25/2019 A X N AVWCFL2660352018 1/1/2018 1/1/2019 1,000,000 1,000,000 1,000,000 B B Contractors Pollution Liability Professional Liability 12EMP7201506 12EMP7201506 2/25/2018 2/25/2018 2/25/2019 2/25/2019 Per Event/Aggregate Per Wrongful Act Aggregate 3,000,000 3,000,000 3,000,000 Collier County Board of County Commissioners is additionally insured for any and all work performed on behalf of Collier County on a primary non-contributory basis with respect to General Liability if required by written contract and with respect to Auto Liability per Auto Coverage Form. Collier County Board of County Commissioners 3327 Tamiami Trail E. Naples FL 34112 pg.165