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Agenda 10/22/2019 Item #16C 2 (24'' Livingston Road Force Main, Phase 2)10/22/2019 EXECUTIVE SUMMARY Recommendation to accept a proposal from AECOM Technical Services, Inc., to provide construction engineering and inspection services under Agreement # 14-6345, and authorize the issuance of a purchase order in the amount of $291,614, for the upcoming Phase 2 construction of the 24” Livingston Road Force Main, which is located within the Wastewater Basin 305 Program. OBJECTIVE: To provide construction engineering and inspection services for the construction of 8,800 ft of 24” force main to be constructed along Livingston Road and the rehabilitation of pump station 110.00. CONSIDERATIONS: The proposed scope of work under Project Number 72009 (see Attachment 1), the “Western Interconnect,” is consistent with the FY2020 Budget approved by the Board of County Commissioners on September 19, 2019. On July 9, 2019 (Agenda Item 11.F), the Board approved Bid No. 19-7568 (see Attachment 2) to Metro Equipment Services, Inc., for the construction of 8,800 ft of 24” force main on Livingston Road, an d the rehabilitation of pump station 110.00 for $3,293,020. The construction contract allows a performance period of 300 days. During this time frame, the Public Utilities Department needs an assigned construction engineering inspector to oversee the construction of these capital improvements. On July 7, 2015 (Agenda Item 16.C.6), the Board approved Agreement # 14-6345 with AECOM Technical Services, Inc. (see Attachment 4), to provide Construction, Engineering, and Inspection Services (CEI) as part of the Wastewater Basin 305 Program. The CEI services identified in AECOM’S proposal for the Livingston Road force main Western Interconnect project are within the Basin 305 scope of work defined on page six in the CCNA Solicitation for Agreement # 14-6345 (see Attachment 3). AECOM’s proposal provides a full-time engineering inspector at the construction site to coordinate, inspect and certify that construction activities are built in accordance with the permitted plans. The proposal’s cost of $291,614 is approximately 8.9% of the construction costs. Based on this performance measure, along with the projected unit costs for the 300-day construction period, the proposal pricing is reasonable. FISCAL IMPACT: The source of funding is Wastewater User Fees, Fund (414). The project is expected to be completed in the summer of 2020. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.-SRT GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the goals, objectives, and policies of the Growth Management Plan to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water-Sewer District, accept AECOM Technical Services, Inc.’s proposal to provide construction engineering and inspection services under Agreement # 14-6345, and authorize the issuance of a purchase order in the amount of $291,614, for the upcoming Phase 2 construction of the 24” Livingston Road Force Main, which is located within the Wastewater Basin 305 Program. Prepared By: Julian Deleon, P.E., Senior Project Manager, Public Utilities Engineering and Project Management Division 16.C.2 Packet Pg. 1546 10/22/2019 ATTACHMENT(S) 1. Attachment 1 - 14-6345 Proposal AECOM CEI Svcs WI Ph2 (PDF) 2. [Linked] Attachment 2 -19-7568 Metro Equipment Service_Vendor Contract (PDF) 3. Attachment 3 - 14-6345 CEI Services_Solicitation (PDF) 4. Attachment 4 AECOM Contract 14-6345 (PDF) 16.C.2 Packet Pg. 1547 10/22/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.2 Doc ID: 10180 Item Summary: Recommendation to accept a proposal from AECOM Technical Services, Inc., to provide construction engineering and inspection services under Agreement # 14-6345, and authorize the issuance of a purchase order in the amount of $291,614, for the upcoming Phase 2 construction of the 24” Livingston Road Force Main, which is located within the Wastewater Basin 305 Program. Meeting Date: 10/22/2019 Prepared by: Title: – Public Utilities Planning and Project Management Name: Julian DeLeon 09/16/2019 3:00 PM Submitted by: Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management Name: Tom Chmelik 09/16/2019 3:00 PM Approved By: Review: Wastewater Steve Nagy Additional Reviewer Completed 09/16/2019 3:01 PM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 09/16/2019 3:21 PM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 09/17/2019 10:45 AM Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 09/17/2019 10:47 AM Wastewater Beth Johnssen Additional Reviewer Completed 09/17/2019 2:18 PM Public Utilities Operations Support Tara Castillo Additional Reviewer Completed 09/18/2019 10:04 AM Procurement Services Evelyn Colon Additional Reviewer Completed 10/03/2019 9:35 AM Procurement Services Ted Coyman Additional Reviewer Completed 10/04/2019 5:21 PM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 10/07/2019 11:46 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 10/08/2019 11:30 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 10/09/2019 5:12 PM County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 10/10/2019 10:42 AM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 10/10/2019 2:00 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 10/11/2019 4:25 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/12/2019 11:22 AM Board of County Commissioners MaryJo Brock Meeting Pending 10/22/2019 9:00 AM 16.C.2 Packet Pg. 1548 1 |P a g e STAFFING and COST PROPOSAL To AGREEMENT FOR CONSTRUCTION ENGINEERING AND INSPECTION SERVICES ON THE WASTEWATER BASIN PROGRAM (MPS 305) Between Collier County and AECOM Technical Services, Inc. CEI Services for Western Force Main Interconnect Project Revised June 12, 2019 THIS DOCUMENT is a STAFFING and COST PROPOSAL to Contract 14-6345 Construction Engineering and Inspection Services for the Wastewater Basin Program (MPS 305 Basin), executed between Collier County Board of County Commissioners (COUNTY) and AECOM Technical Services, Inc. (CONSULTANT), dated July 7, 2015 (hereafter called “Agreement”). A. BACKGROUND The COUNTY has contracted with CONSULTANT to perform Construction Engineering and Inspection Services for the Wastewater Basin Program. The Collier County Water and Sewer District (CCWSD) is implementing construction programs to improve water, wastewater and stormwater projects within three wastewater basins in Collier County. Construction Engineering and Inspections Services are needed to coordinate with the Public Utilities Division staff and the County Growth Management Division (when applicable), during the construction of the CCWSD water, wastewater and stormwater improvement projects. CONSULTANT will provide CEI services for the MPS 305 (Glades Area). The Glades Area is located in the East Naples portion of Collier County. It includes the Glades, Gateway Triangle, Brookside, Flamingo Estates and Naples Production areas. It is generally bounded by US 41 to the South, Livingston Road and the Foxfire Development to the East, Golden Gate Canal to the North and the Gordon River to the West. Excluded from the area is the Naples Airport. It is approximately 4.3 square miles in area. In the southern portion it is generally residential in nature with commercial properties along US 41, Davis Boulevard and Airport Road. The northern portion consists of the Naples Production Park, which consists of primarily commercial properties with some light industrial uses. The Collier County Government Complex is also in this area. Master Pump Stations 305, 308 and 309 serve the Glades area. 16.C.2.a Packet Pg. 1549 Attachment: Attachment 1 - 14-6345 Proposal AECOM CEI Svcs WI Ph2 (10180 : CEI Services Western Interconnect Phase-2) 2 |P a g e Construction projects currently planned to be completed in the Glades Area are listed below: Project Order/Name 2 Western Interconnect Force Main 3 Wyndmere Pump Station Rehab 4 MPS 308 Force Main 6 Duplex Pump Station Rehabilitation Phase 1 7 Western Interconnect Pump Station (potential) 8 MPS 309 Rehabilitation 10 PS 309.09 11 Duplex Pump Station Rehabilitation Phase 2 Additional projects may be identified, as needed. The construction of improvements includes: ·Gravity sewer (both wastewater and storm) ·Pressure pipelines (potable, wastewater and irrigation quality) ·Pump Stations ·Electrical and SCADA ·Drainage ·Landscaping ·Ancillary repair and replacement ·Other utility relocations CEI services will include the following tasks: ·Program/ Project Management ·Construction Observation and Documentation ·Construction Inspector and Project Oversight ·Additional Services Additional Services are planned, which include Pre-construction Services Project Reviews, Public Relations/Public Outreach and also coordination of Real Estate needs for project construction. The Agreement provides for specific services to be performed on the basis of a Purchase Order supported by a proposal prepared by the CONSULTANT and approved by the COUNTY. Professional services are authorized on receipt of the Purchase Order and Notice-to-Proceed. B. DESCRIPTION OF ASSIGNMENT The CONSULTANT will provide professional services within the Glades Area related to the construction of the Western Force Main Interconnect Project. C. SCOPE OF SERVICES 16.C.2.a Packet Pg. 1550 Attachment: Attachment 1 - 14-6345 Proposal AECOM CEI Svcs WI Ph2 (10180 : CEI Services Western Interconnect Phase-2) 3 |P a g e The services to be provided are as follows: Task 1.0 Program Management/Project Management for CEI services CONSULTANT will provide a single program manager/project manager and point of contact for all the construction projects within the Glades Area. The program manager/project manager will be responsible for Management tasks that are common to all the construction projects as well as project specific Project Management. Work under this task will include monitoring of progress and performance, coordination and communication with construction inspection staff, and attendance at progress meetings. The project management duties will include coordination with COUNTY, Construction Inspection Team, Engineer of Record (EOR), Subconsultants, monitoring schedule and budgets for the CEI phase services, and preparing client invoices. Task 2.0 Construction Engineering and Inspection Services CONSULTANT’s Inspector shall observe regular construction and testing activities related to the Program as directed by the COUNTY Project Manager, including rehabilitation work. Construction/testing reports and pictures of construction will be prepared daily in the field with approved electronic devices (Laptop PC or tablets) on the day the construction activity takes place by CONSULTANT’s Construction Inspector. All construction documentation will be provided no later than 7 PM of the day work took place via electronic E-mail to the COUNTY project manager and designated recipients. A hard copy will be kept in the CONSULTANT’s project file. Task 2.01 – Construction Observation and Documentation CONSULTANT’s Construction Inspector (or activity observer) will provide the services outlined below. 2.01a – Construction/Testing Observation – The Construction Inspector will conduct on-site observations and inspections of all construction/testing activities on the Project on a full or part time basis unless directed otherwise by the COUNTY project manager to ensure that all work is completed in accordance with the Contract Documents. The Construction Inspector will inform the COUNTY project manager and the on-site superintendent of the construction/testing contractor of any concerns related to conformance of the work with the Contract Documents (a concern or an issue) as an attempt to resolve any concern or issue on-site. If the concern or issue is not immediately resolved in the field, the Construction Inspector shall inform the Engineer of Record (EOR) and the COUNTY project manager in writing about the concern or issue within eight (8) business hours, but not more than one (1) business day after the discovery of any concern or issue. The EOR will be responsible for investigating the concern or issue and resolving the same through a written directive to the construction contractor and so inform the COUNTY project manager and the Construction Inspector in writing. This protocol will be initiated any time the Construction Inspector becomes aware of any construction that is unsatisfactory, faulty or defective, does not conform to the Contract Documents, does not meet the requirements of any inspections, tests or approval required to be made, or has been damaged before final payment. The Construction Inspector will maintain a separate Issue Resolution Log documenting any issue or concern that is conveyed in writing to the EOR, including the written directive resolving the issue or concern. 16.C.2.a Packet Pg. 1551 Attachment: Attachment 1 - 14-6345 Proposal AECOM CEI Svcs WI Ph2 (10180 : CEI Services Western Interconnect Phase-2) 4 |P a g e 2.01b - Log and Construction Documentation – The Construction Inspector will prepare a daily log with pictures recording activities and details related to the work on a form approved in advance by the COUNTY project manager. Information will be recorded in the log when at the Project Site. Log entries will record all relevant aspects of the construction observed while on site including, but not limited to: construction crew (labor) details, equipment used, materials used, compliance testing and inspection performed, weather, temperature, site conditions, trench conditions, backfill material used, dewatering methods, compaction methods, location of the work, and all other details related to the Work. The log will reference the digital photographs and or video taken with appropriate file names and file locations. In addition to the construction details, the daily log will contain information related to: time and hours on the job site, weather conditions, data pertaining to questions of quantities of materials used, extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, observations in general and specific observations in more detail as in observing test procedures, conformance inspection of materials and fittings, name plate data for equipment and material installed, customer service field log, and other information requested by the COUNTY project manager. Logs, photograph files and other construction documentation will be provided to the COUNTY project manager by the Construction Inspector on a daily basis in an electronic file via E-mail, on a USB flash drive only if requested by the COUNTY project manager and a printed copy will be maintained on the project site. All daily reports shall be prepared in the field. In order to facilitate this process a document management system consisting of a secure, internet based site approved by Collier County EPMD will be set up where daily reports and other record documents identified by the COUNTY project manager will be posted for access by designated COUNTY staff . 2.01c – Photographic and Video Record – The Construction Inspector will provide a comprehensive digital photographic record of all construction activities related to the Project. The digital file names will be referenced in the log along with a brief description of the photograph, the date and time of the photograph and the name of the photographer. The digital files will be transferred via E-mail to the COUNTY project manager on a daily basis and submitted on a daily basis along with the construction documentation. The photographs may be electronic sent via E-mail to the COUNTY project manager daily. If requested by the COUNTY project manager, pictures will be printed in high resolution color, two captioned photos per 8 ½” x 11” sheet, printed one side only. The prints if requested will be provided to the COUNTY project manager when needed. If requested by the COUNTY project manager, video will be provided in digital format bi-weekly. 2.01d - General Coordination – The Construction Inspector will coordinate all activities related to the Project between the construction contractor, the EOR and the COUNTY project manager. The Construction Inspector will oversee substantial and final completion inspections, and prepare and maintain the punch list, including follow-up inspections to ensure that punch list items are corrected and/or completed. Coordination may also include, at the COUNTY project manager’s direction, coordination with the County Utilities Department for testing and construction of required connections to existing facilities. The Construction Inspector will also coordinate, as directed by the COUNTY project manager, with residents, business owners, and the general public. The County reserves the right to remove any Construction Inspectors from a project at any time for failure to adhere to County policies and procedures. 16.C.2.a Packet Pg. 1552 Attachment: Attachment 1 - 14-6345 Proposal AECOM CEI Svcs WI Ph2 (10180 : CEI Services Western Interconnect Phase-2) 5 |P a g e 2.01e - Observe Regulatory Agency Inspections – The Construction Inspector will accompany visiting inspectors representing any regulatory agencies having jurisdiction over the Project and will record all discussions and the outcome of these regulatory inspections in the logs. The Construction Inspector will always notify the COUNTY project manager prior to any such inspections. 2.01f - Construction Progress Meetings – AECOM will coordinate and chair bi-weekly progress meetings, attended by the COUNTY project manager and construction contractor to review project status and identify issues that may affect the Project. AECOM will prepare a DRAFT Agenda at least two (2) business days in advance of the each meeting and issue written meeting notes identifying a summary of the discussion, conclusions and any risks that have been encountered or are expected within two (2) days after the meeting to the COUNTY project manager, EOR, and the construction contractor. 2.01g - Substantial Completion Inspection – The Construction Inspector will conduct substantial completion inspection when requested by the construction contractor and the EOR recommends that the work is sufficiently complete to warrant a substantial completion inspection. During the substantial completion inspection, the Construction Inspector will prepare a punch list of items requiring completion or correction to the satisfaction of the EOR and the COUNTY project manager. The Construction Inspector will be responsible for maintaining the punch-list and issuing updates to the punch-list on a weekly basis. The Construction Inspector will coordinate and participate in the final walk-through to ensure that the punch-list items are completed to the satisfaction of the EOR and the COUNTY project manager. All services related to the Substantial Completion Inspection shall be provided in writing and pictures to the COUNTY project manager for the Project. 2.01h – Final Completion Inspections - Upon the request of the construction contractor and concurrence of the EOR and the COUNTY project manager, the Construction Inspector will conduct final inspections of portions of the project, as they are finished to determine if construction has been completed in accordance with the Contract Documents and the construction contractor has fulfilled all obligations therein. Based on the results of the final inspection, the EOR, COUNTY project manager, and the Construction Inspector will judge the work complete or not complete. If the work is judged complete, the Construction Inspector will issue a “notice of final acceptance and recommendation for final payment”. If the work is judged not complete, the Construction Inspector will issue written instructions to the construction contractor identifying the work judged not complete. Upon provision of the construction contractor evidence or assurance that the deficiencies noted above have been corrected or completed, a second final inspection will be scheduled to verify that the outstanding issues have been resolved and the Construction Inspector can issue a “notice of final acceptance and recommendation for final payment”. All services related to the Final Completion Inspection shall be provided to the COUNTY project manager of the Project. 2.01i – Final Construction Certification – Upon issuance of a “notice of final acceptance and recommendation for final payment” the Construction Inspector will provide a signed and sealed certification by a professional engineer of the EOR in responsible charge of the work provided by the Construction Inspectors stating that the “Project has been completed by the construction contractor in accordance with the Plans and Specifications of the Contract Documents as amended by the Engineer of Record”. All services related to the Final Construction Certification shall be provided to the COUNTY project manager of the Project. 16.C.2.a Packet Pg. 1553 Attachment: Attachment 1 - 14-6345 Proposal AECOM CEI Svcs WI Ph2 (10180 : CEI Services Western Interconnect Phase-2) 6 |P a g e 2.01j– Public Information Web Site – The CONSULTANT will prepare weekly project updates on a project specific website in order to advise the public of a project’s progress and upcoming construction activities. Reference work Task 5.0 below. TASK 2.02 – Construction Inspector and Project Oversight 2.02.1 - General Management and Oversight – The Construction Inspector will provide support services customarily related to the construction observation and inspection of similar projects including the following: a.Participate in a pre-construction meeting with the COUNTY project manager, EOR, and the general contractor. b.Participate in other meetings as described herein. c.Review and verify correctness of the construction contractor’s monthly applications for payment and accompanying data and recommend approval of payments due to the construction contractor. The Construction Inspector’s recommendation of any payment requested in an application for payment shall constitute a representation by the Construction Inspector to the COUNTY project manager as an experienced and qualified professional, that based on Construction Inspector’s onsite observations and inspections of construction in progress, that the construction quantities in the applications for payment accurately reflect the progress of the work and that the work is constructed in accordance with the Contract Documents. The Construction inspector will process pay requests in accordance with the Florida Prompt Payment Act. All incoming pay requests processed by the Construction Inspector shall be mechanically stamped with the date received. d.The Construction Inspector will review the monthly updates to the construction schedule prepared by the construction contractor and provide written comments to the COUNTY project manager and EOR. e.The Construction Inspector will provide such field testing and verification that all materials, equipment and supplies installed or utilized on the Project are in full accordance with the Contract Documents and approved Shop Drawings provided by the EOR. f.Within one week after the construction contractor notifies the EOR and the COUNTY project manager that the Work on the Project is substantially complete in accordance with the Contract Documents, the Construction Inspector will provide a signed and sealed certification by a professional engineer registered in the State of Florida, that the Work was done under his supervision and performed in accordance with the Contract Documents, including all approved shop drawings and change orders except as noted. 16.C.2.a Packet Pg. 1554 Attachment: Attachment 1 - 14-6345 Proposal AECOM CEI Svcs WI Ph2 (10180 : CEI Services Western Interconnect Phase-2) 7 |P a g e 2.02.2 – Coordination of Shop Drawings, Contract Interpretations and Clarifications – The Construction Inspector will coordinate with the design engineer (EOR) regarding the issuance of interpretations and clarifications of Contract Documents during construction. The Design Engineer (EOR) shall be responsible for technical review and decisions regarding interpretation and clarification of Contract Documents. The Construction Inspector shall coordinate the Design Engineer’s (EOR) decisions and responses with the construction contractor. 2.02.3 - Monitor Project Records – The Construction Inspector shall monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. 2.02.4 – As Constructed Field Drawings – The Construction Inspector shall maintain red pencil “mark- up” notations and sketches on full size construction plans that reflect the actual details of constructed facilities, including dates of completion. These Constructed Field Drawings will be used by the Construction Inspector to validate the “As Built” documentation provided by the construction contractor. The Construction Inspector will notify the COUNTY project manager, EOR and the construction contractor of any differences in the documents maintained by the general contractor and the Construction Inspector on a weekly basis for resolution by the EOR. 2.02.5 – Start-up and Re-commissioning Support – The Construction Inspector will assist the COUNTY project manager, the EOR, and the construction contractor during start-up of each segment designated for Beneficial Use by the EOR and COUNTY project manager, including but not limited to signing off on regulatory permits and general coordination between the EOR, COUNTY project manager, and construction contractor. Task 3.0 Project Design Peer Reviews - Not Included Task 4.0 Pre-Construction Services Project Review Pre-construction Services will be completed by CONSULTANT. CONSULTANT will complete a review of bidding documents and permitting requirements. This review will include a review of the planned phasing and sequencing of the construction work with County Staff, Design Engineers, and the Construction Contractor to evaluate the status of the project and will include: ·Review of construction scope of work and budget ·Evaluation of project contingencies designed to maintain service as well as minimizing interruptions and identifying risk issues. ·Review of project schedules, milestone dates, equipment delivery schedule, outage schedule, submittals and electric utility power requirements. ·Review of local, state, and or federal permit requirements and plan for documents approvals by the local agencies having jurisdiction over the work. ·Review of available Staging Area(s) and Contractor’s Staging Plan. ·Review of Contractor’s Health and Safety and Hurricane Preparedness Plan ·Review of Collier County Contingency Plan 16.C.2.a Packet Pg. 1555 Attachment: Attachment 1 - 14-6345 Proposal AECOM CEI Svcs WI Ph2 (10180 : CEI Services Western Interconnect Phase-2) 8 |P a g e CONSULTANT will prepare a summary of review comments for submission to the COUNTY project manager and Construction Contractor. Task 5.0 Public Relations/Public Outreach A Public Relations/Public Outreach program will be completed by the CONSULTANT and its SUBCONSULTANT. Local property owners, residences and businesses may be impacted by construction activities. CONSULTANT will support the County and the Contractor in pro-active efforts to make sure the community and key COUNTY staff are informed and aware of key construction issues, interruptions in services, and overall construction progress. The Glades area includes residential, business and industrial parks. The residential area is somewhat seasonal, however based on past experience the property owners do become very involved with the pending construction improvements. A Public outreach program, specially tailored for the area has been developed. Coordination between the CONSULTANT, SUBCONSULTANT, COUNTY Project Manager and the Construction Contractor will be required to ensure that all information is accurate, timely and is appropriate for public release. 5.01 Vision of the Project. Questions such as why the project is needed, what work will be done, how the project will benefit customers, how the project fits into the community and how the project fits into broader COUNTY initiative plans will be answered appropriately at the onset of the project and throughout the duration of the project. The CONSULTANT/SUBCONSULTANT will provide the project information to the public, as well as the related project details such as phasing, service disruptions, and traffic impacts. All information to be disseminated to the public will be submitted to the COUNTY Project Manager for review prior to release. 5.02 The Project’s Progress. The SUBCONSULTANT will provide ongoing messages to keep the public and other stakeholders informed about the project schedule, impacts, major milestones, budget and related information. 5.03 The Plan – Developing the Public Information Plan SUBCONSULTANT will develop a Public Information Plan to educate, engage and inform residents, business owners, local and seasonal visitors and, in general the impacted community to continue to build community trust: and to provide solid messaging to in-house departments and to the media. The Plan components will include: ·Stakeholder Database Customer Relations Management Program ·Property Owner Mailing List/Property Appraiser’s Office List updated quarterly. ·Community/HOA meetings ·Website Development/Updates (weekly) ·Project Information line Management ·Coordination with Collier County Communications and Customer Relations Department Two community/HOA meetings will be scheduled and coordinated by SUBCONSULTANT as a part of the Public Outreach program. 16.C.2.a Packet Pg. 1556 Attachment: Attachment 1 - 14-6345 Proposal AECOM CEI Svcs WI Ph2 (10180 : CEI Services Western Interconnect Phase-2) 9 |P a g e A project information line will be established and monitored during normal business hours for all calls by SUBCONSULTANT. SUBCONSULTANT will attend construction progress meetings on a periodic basis to provide a status report on neighbor complaints. In addition, CONSULTANT will be the first point of contact for neighbor complaints resulting from construction activities. Neighbor complaints will be logged in and tracked for timeliness and for final resolution. Initial attempts to resolve complaints will be handled by CONSULTANT and should resolution not be possible (typically after three separate discussions/meetings), complaints will be escalated to COUNTY project manager. Task 6.0 Right of Entry/Real Estate Coordination – Not Included D. DELIVERABLES All deliverables shall be furnished in MSWord or AutoCAD and Adobe pdf format. The following deliverables are anticipated for tasks 2 through 6: Task 2.0 - Construction Engineering and Inspection Services – Certificate of Substantial Completion, Certificate of Final Completion, Daily Inspection Reports/Records, Asset Management Inventory spreadsheet Task 3.0 – Project Design Peer Reviews – Not Applicable Task 4.0 - Pre-Construction Services Project Review - Summary of Review Comments Task 5.0 - Public Relations/Public Outreach – Customer complaint log, project flyers, project website Task 6.0 – Right of Entry /Real Estate Coordination – Not Applicable E. SUBCONSULTANTS Quest Corporation of America (QCA) will be retained as a SUBCONSULTANT to assist with the Public Relations/Public Outreach program (Part of Task 5). F. SCHEDULE The services described herein will commence upon receipt by the CONSULTANT of a Notice-to- Proceed and executed Contract from the COUNTY. CONSULTANT will provide services throughout the duration of the project as directed by the COUNTY in accordance with the Project Schedule as defined by Contract # 14-6345 “Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs (MPS 305 Basin) and its amendments”. 16.C.2.a Packet Pg. 1557 Attachment: Attachment 1 - 14-6345 Proposal AECOM CEI Svcs WI Ph2 (10180 : CEI Services Western Interconnect Phase-2) 10 |P a g e G. COUNTY RESPONSIBILITIES 1.COUNTY will designate a Project Representative, as COUNTY’s representative and primary contact for CONSULTANT. CONSULTANT will rely on COUNTY’s designated Project Representative for instructions and approval of CONSULTANT’s services. 2.COUNTY will attend meetings and provide feedback in a timely manner. 3.COUNTY will provide CONSULTANT access to the project area. 4.COUNTY will retain EOR to complete construction administration services and to address construction related issues with CONSULTANT and Construction Contractor. 5.COUNTY agrees that in accordance with generally accepted construction practices, any Contractor employed by COUNTY to perform work in connection with the Project, will be required to assume sole and complete responsibility for job site conditions during the course of construction of the Project, including safety of all persons and property, and that this requirement shall be made to apply continuously and not be limited to normal working hours. CONSULTANT shall not have control over or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures, as these are solely the responsibility of the Contractor. CONSULTANT will represent COUNTY in accordance with the responsibilities of the CONSULTANT described in and Standard General Conditions of the Construction Contract and any mutually agreeable Special Conditions specific to the Project. H. BASIS OF COMPENSATION As consideration for providing the scope of work described above, COUNTY agrees to pay CONSULTANT based upon the billing rates in the rate schedule presented in Attachment A-1. A summary of work tasks with an anticipated fee for each task is provided below. The fees for each task are provided for budgetary information only as summarized in the Fee schedule below and may increase or decrease as the work progresses. The COUNTY will not hold the CONSULTANT to the individual work task fees. The Fee includes expense of overtime premium work requiring higher than regular rates. However, the expense of overtime premium work must be approved in advance and in writing by the COUNTY. CONSULTANT agrees to accept a Total Not-to-exceed (NTE) fee of $291,614. 16.C.2.a Packet Pg. 1558 Attachment: Attachment 1 - 14-6345 Proposal AECOM CEI Svcs WI Ph2 (10180 : CEI Services Western Interconnect Phase-2) 11 |P a g e Certain assumptions have been made in developing the fee for service. To the extent possible, they are stated in this proposal. If changes to the work result in changes on the level of effort presented in this proposal the scope of services and fee budget will be revised by mutual agreement. I. OTHER PROVISIONS All provisions contained in the Agreement not specifically modified herein, or in the associated Work Order authorizing this work, shall remain in full force and effect and are incorporated by reference herein. PROPOSED BY:AECOM Technical Services, Inc. By:_________________________________ Ronald R. Cavalieri, P.E. Associate Vice President Witness:___________________________ Dawn M. Jakiela, P.E. General Engineering Manager Date: June 12, 2019 Enclosure: Attachment No. 1 – Project Budget Attachment No. 2 – Subconsultant Proposal 16.C.2.a Packet Pg. 1559 Attachment: Attachment 1 - 14-6345 Proposal AECOM CEI Svcs WI Ph2 (10180 : CEI Services Western Interconnect Phase-2) Project Budget Collier County CEI Services - Western Interconnect Collier County CEI Services Glades Area 12-Jun-19 Personnel Hours Budget Task Description PrincipalSenior ProjManagerSenior EngineerEngineerSenior InspectorInspectorSenior ArchitectSenior GIS SpecialisSenior DesignerClerical/AdminTotal HoursLaborNon-Labor FeeTotalHourly Rates $225.00 $188.00 $171.00 $134.00 $105.00 $83.00 $168.00 $152.00 $124.00 $68.00 Task Group 1 Program Management /Project Management Kickoff Meeting with County 2 4 4 10 1,474$1,474$ Attend bi - monthly meetings for duration of 9 months 10 40 12 62 10,586$10,586$ Coordination with County and Consultant Inspectors 8 30 26 64 9,208$9,208$ Prepare status reports, invoices and coordinate subcontractor activities 8 30 26 64 9,208$9,208$ Subtotal 28 104 -------68 200 30,476$-$30,476$ --$-$ Task Group 2 Construction Observation, Inspection, Documentationa and Oversight Assume senior Inspector - 40 hrs per week for38 weeks to Substantial completion with 1 month time extension(+4 weeks) + 20 hrs /4 wks Final Completion .1,760 1,760 184,800$-$184,800$ Assume Extended Hours - 8 hours per week at 20 weeks 160 160 16,800$3,120$19,920$ Maintain document management system with daily reports and pertinent documentation - 4 hrs /35 weeks 140 140 9,520$9,520$ Coordinate Asset Management Information 4 10 40 20 74 9,500$9,500$ Subtotal 4 10 -40 1,920 ----160 2,134 220,620$3,120$223,740$ Task Group 4 Pre-Construction Services Review Bidding Documents and Permitting Requirements 4 6 10 4 24 3,350$3,350$ Review Staging Areas, HASP, Contingency Plans - Provide Review Comments 2 4 4 10 1,068$1,068$ Review of Schedules 2 8 2 12 1,352$1,352$ Subtotal 4 10 --22 ----10 46 5,770$-$5,770$ Task Group 5 Public Relations/Public Outreach Coordination of Public Outreach/progress meetings - Quest assumed 52 hours 2 8 10 1,954$5,662$7,616$ Stakeholder database - Quest assumed 10 hours --$1,089$1,089$ Mailing List - Quest assumed 20 hours --$2,178$2,178$ Neighborhood Information Meeting (2) - Quest assumed 80 hours 6 4 2 12 1,800$8,711$10,511$ Website Updates - Quest assumed 52 hours --$5,662$5,662$ Project Information Line Monitoring - Quest Assumed total 42 hours --$4,573$4,573$ Subtotal 2 14 -4 -----2 22 3,754$27,874$31,628$ Total 38 138 -44 1,942 ----240 2,402 260,620$30,994$291,614$ Note: Other Direct Costs include expense of overtime work (if authorized in advance and in writing by COUNTY) Subcontractor costs includes a 5% markup. Personnel Category $/HR Principal $225.00 38 8550 Senior Proj Manager $188.00 138 25944 Senior Engineer $171.00 -0 Engineer $134.00 44 5896 Senior Inspector $105.00 1,942 203910 Inspector $83.00 -0 Senior Architect $168.00 -0 Senior GIS Specialis $152.00 -0 Senior Designer $124.00 -0 Clerical/Admin $68.00 240 16320 2,402 260620 6/12/2019 Page 1 of 1 16.C.2.a Packet Pg. 1560 Attachment: Attachment 1 - 14-6345 Proposal AECOM CEI Svcs WI Ph2 (10180 : CEI Services Western 16.C.2.aPacket Pg. 1561Attachment: Attachment 1 - 14-6345 Proposal AECOM CEI Svcs WI Ph2 (10180 : CEI Services Western Interconnect Phase-2) 16.C.2.aPacket Pg. 1562Attachment: Attachment 1 - 14-6345 Proposal AECOM CEI Svcs WI Ph2 (10180 : CEI Services Western Interconnect Phase-2) CCNA (Revision 0412014) REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants’ Competitive Negotiation Act. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CCNA Solicitation 14-6345 Construction, Engineering, and Inspection (CEI) Services for the Wastewater Basin Programs Swainson Hall, Procurement Strategist (239) 252-8935 (Telephone) (239) 252-6334 (Fax) SwainsonHall@colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.C.2.c Packet Pg. 1563 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 2 Table of Contents LEGAL NOTICE ......................................................................................................................... 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ....................... 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS .......................................................................... 16 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ............... 20 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP ........................................... 24 ATTACHMENT 1: CONSULTANT’S NON-RESPONSE STATEMENT ...................................... 32 ATTACHMENT 2: CONSULTANT CHECK LIST ...................................................................... 33 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ........................................................ 34 ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT ............................................ 35 ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION ............................................. 37 ATTACHMENT 6: CONSULTANT SUBSTITUTE W – 9 ........................................................... 38 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS ........................................ 39 ATTACHMENT 8: REFERENCE QUESTIONNAIRE ................................................................ 41 16.C.2.c Packet Pg. 1564 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 3 Legal Notice Pursuant to approval by the County Manager, Sealed Proposals to provide Construction, Engineering, and Inspection (CEI) Services for the Wastewater Basin Programs will be received until 3:00PM, Naples local time, on Friday, December 5, 2014 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. . CCNA Solicitation 14-6345 Construction, Engineering, and Inspection (CEI) Services for the Wastewater Basin Programs Services to be provided may include, but not be limited to the following: Construction observation, daily construction documentation, photographic record, general coordination, construction progress meetings, construction inspections, resident engineering, substantial and final completion inspections, final construction certification, general project management, monitor project records, certifications, and manage as-constructed field drawings. A non-mandatory pre-proposal conference will be held on Thursday, November 13, 2014, commencing promptly at time 11:00 AM, and will be held in the Purchasing Department Conference Room, Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. All statements should be made upon the official proposal form which must be obtained only on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Director, Procurement Services This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County Government Center on November 4, 2014. 16.C.2.c Packet Pg. 1565 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 4 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Public Utilities Planning and Project Management Department (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Purchasing Department (hereinafter, “County”) has issued this Request for Proposal (hereinafter, “RFP”) with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, 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 Purchasing Policy. Brief Description of Purchase The construction engineering inspection (CEI) services will include, but not be limited to, construction observation, daily log and construction documentation, resident engineering, customer service log including issues and special requests from home owners, coordination with Collier County project managers and project delivery teams, photographic and video records, general coordination, construction progress meetings, construction inspections, substantial and final completion inspections, substantial and final construction certifications, review and approval of contractor’s pay applications, general project management, monitor project records, certifications, and manage as- constructed field drawings. Background The purpose of this solicitation is to provide CEI inspection services to coordinate with the Public Utilities Division staff, the Collier County Growth Management Division (GMD) when applicable, for the construction of Collier County Water-Sewer District (CCWSD) water and wastewater infrastructure and GMD storm water infrastructure within three (3) wastewater basins in Collier County. The proposing firm’s designated inspectors (and their alternates) shall have experience providing water and wastewater CEI services, understand Collier County Utilities Standards Manual, and be familiar with the Florida Department of Environmental Protection (FDEP) requirements. This solicitation anticipates the selection of one (1), two (2), or three (3) professional engineering firms to conduct the referenced professional services for three (3) specific wastewater service basins, namely the following: 1) Naples Park Area: Master Pump Station (MPS) Basin 101 (Gulfshore Drive and Naples Park); 2) Bayshore Area: Master Pump Station (MPS) Basin 306, consisting of basins 303, 304 and 306 (Bayshore Drive and Thomasson Drive); and 3) The Glades Area: Master Pump Station (MPS) Basin 305, consisting of basins 308 (Gateway Triangle), 309 (Flamingo Estates), and 305 (The Glades). Assignment of each wastewater service basin will be determined in order of final ranking, each firm will be assigned a basin according to size and scope complexity. Should the County decide to hire multiple consulting firms, it is expected that the selected firms will work cooperatively with the ot her firms to provide best value services to the Public Utilities Division and will share “lessons learned” for the benefit of the County’s rate payers. 16.C.2.c Packet Pg. 1566 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 5 Engineering firms currently performing wastewater planning and design under the PUD Basin Program in one (1) of the three (3) basins shall not be eligible to perform CEI services in the basin in which they are working. All three (3) basins include or may include various quantities of the following public utility components: • Gravity sewers (both wastewater and storm) • Pressure pipelines (potable, wastewater and irrigation quality) • Pump Stations • Electrical and SCADA • Drainage • Landscaping • Ancillary repair and replacement • Other construction projects within a basin designed by other professionals for other Collier County Departments • Other utility relocations At this time, the construction projects anticipated for this contract include the following which may occur concurrently, sequentially or as funding is available: 101 Basin • 110th Avenue Force Main • 111th Street Bridge Force Main • 8th Street Interceptor Sewer • Creekside Boulevard Force Main Extension • Finger Street Sewer System Replacement • Gravity Sewer Interconnections • Gravity Sewer Interconnects • Master Pump Station Improvements • New PS 101.12 • Pavement Replacement • Pump Station Improvements 16.C.2.c Packet Pg. 1567 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 6 • Stormwater Improvements • Vitrified Clay (VC) Pipe and Laterals Replacement • Water Main Replacement 305 Basin • Duplex Pump Station Rehabilitation or Replacement • MPS 305 • MPS 308 • MPS 308 Force Main • MPS 309 • PS 309.09 • Subbasin Interconnections • Western Interconnect Force Main • Western Interconnect Pump Station • Wyndemere Pump Station 306 Basin • Duplex Stations Rehabilitation • MPS 302 Modifications • MPS 303 Rehabilitation • MPS 304 Rehabilitation • MPS 306 Reconstruction • Naples Manor FM (Phase 3) • US 41 Force Main (Phase 2) • Water Main Replacement Table 1 contains a list of construction projects anticipated under this contract. Additional construction projects may be added to this contract at the discretion of Collier County. Detailed Scope of Work Construction Engineering and Inspection Services 16.C.2.c Packet Pg. 1568 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 7 Consultant’s inspectors shall observe regular construction and testing activities related to the Program as directed by the Project Manager, including rehabilitation work. Construction/testing reports and pictures of construction will be prepared daily in the field with approved electronic devices (Laptop PC or tablets) on the day the construction activity takes place by the Construction inspector. All construction documentation will be provided no later than 7 PM of the day work took place via electronic E-mail to the project manager and designated recipients. A hard copy will be kept in the Consultant’s project file. Travel time to or from the work site will not be compensated. Additional hours outside of the normal work day are to be compensated for at the standard hourly rate as included in the contract schedule. Once a project begins, all changes to staffing are to be approved by Collier County. Changes to personnel will not result in additional compensation to acclimate staff to the project. All staff will be required to undergo a County background check and maintain a County identification badge during the contract period at the firm’s expense. Consultant’s inspectors and their alternates should be certified for Class II Asbestos Work (8 hour OSHA course) and keep the certification current thru the entire construction project. The CEI services will include the following tasks: Task 1.0 – Construction Observation and Documentation Task 2.0 – Construction Inspector and Project Oversight Task 3.0 – Additional Services Task 1.0 – Construction Observation and Documentation The Consultant’s construction inspector (or activity observer) will provide the services outlined below. 1.1 – Construction/Testing Observation – The construction inspector will conduct on-site observations and inspections of all construction/testing activities on the Project on a full or part time basis unless directed otherwise by the project manager to ensure that all work is completed in accordance with the Contract Documents. The Construction Inspector will inform the project manager and the on-site superintendent of the construction/testing contractor of any concerns related to conformance of the work with the Contract Documents (a concern or an Issue) as an attempt to resolve any concern or issue on-site. If the concern or issue is not immediately resolved in the field, the Construction Inspector shall inform the Engineer of Record (EOR) and the project manager in writing about the concern or issue within eight (8) business hours, but not more than one (1) business day after the discovery of any concern or issue. The EOR will be responsible for investigating the concern or issue and resolving the same through a written directive to the construction contractor and so inform the project manager and the Construction Inspector in writing. This protocol will be initiated any time the Construction Inspector becomes aware of any construction that is unsatisfactory, faulty or defective, does not conform to the Contract Documents, does not meet the requirements of any inspections, tests or approval required to be made, or has been damaged before final payment. The Construction Inspector will maintain a separate Issue Resolution Log documenting any issue or concern that is conveyed in writing to the EOR, including the written directive resolving the issue or concern. 1.2 - Log and Construction Documentation – The construction inspector will prepare a daily log with pictures recording activities and details related to the work on a form approved in advance by the project manager. Information will be recorded in the log when at the Project Site. Log entries will record all relevant aspects of the construction observed while on site including, but not limited to: construction crew (labor) details, equipment used, materials used, compliance testing and inspection performed, weather, temperature, site conditions, trench conditions, backfill material used, dewatering 16.C.2.c Packet Pg. 1569 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 8 methods, compaction methods, location of the work, and all other details related to the Work. The log will reference the digital photographs and or video taken with appropriate file names and file locations. In addition to the construction details, the daily log will contain information related to: time and hours on the job site, weather conditions, data pertaining to questions of quantities of materials used, extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, observations in general and specific observations in more detail as in observing test procedures, conformance inspection of materials and fittings, name plate data for equipment and material installed, customer service field log, and other information requested by the project manager. Logs, photograph files and other construction documentation will be provided to the project manager by the Construction inspector on a daily basis in an electronic file via E-mail, on a digital CD only if requested by the project manager and a printed copy to be maintained on the project site in the inspector’s trailer. All daily reports shall be prepared in the field. 1.3 – Photographic and Video Record – The Construction inspector will provide a comprehensive digital photographic record of all construction activities related to the Project. The digital file names will be referenced in the log along with a brief description of the photograph, the date and time of the photograph and the name of the photographer. The digital files will be transferred via E-mail to the project manager on a daily basis, to a digital CD if requested by the project manager, and submitted on a daily basis along with the construction documentation. The photographs may be electronic sent via E-mail to the project manager on a daily basis. If requested by the project manager, pictures will be printed in high resolution color, two captioned photos per 8 ½” x 11” sheet, printed one side only. The prints if requested will be provided to the project manager when needed. If requested by t he project manager, video will be provided in digital format on DVD bi-weekly. 1.4 - General Coordination – The Construction inspector will coordinate all activities related to the Project between the construction contractor, the EOR and the project manager. The Construction inspector will oversee substantial and final completion inspections, and prepare and maintain the punch list, including follow-up inspections to ensure that punch list items are corrected and/or completed. Coordination may also include, at the project manager’s direction, coordination with the County Utilities Department for testing and construction of required connections to existing facilities. The Construction Inspector will also coordinate, as directed by the project manager, with residents, business owners, and the general public. The County reserves the right to remove any Construction Inspectors from a project at any time for failure to adhere to County policies and procedures. 1.5 - Observe Regulatory Agency Inspections – The Construction Inspector will accompany visiting inspectors representing any regulatory agencies having jurisdiction over the Project and will record all discussions and the outcome of these regulatory inspections in the logs. The Construction Inspector will always notify the project manager prior to any such inspections. 1.6 - Construction Progress Meetings – The Construction Inspector will coordinate bi-weekly progress meetings chaired by the project manager, attended by the construction contractor to review project status and identify issues that may affect the Project. The Construction Inspector will prepare a DRAFT Agenda at least two (2) business days in advance of the each meeting and issue written meeting notes identifying a summary of the discussion, conclusions and any risks that have been encountered or are expected within two (2) days after the meeting to the project manager, EOR, and the construction contractor. 1.7 - Substantial Completion Inspections – The Construction Inspector will conduct substantial completion inspections when requested by the construction contractor and the EOR recommends that the work is sufficiently complete to warrant a substantial completion inspection. During the substantial completion inspection the Construction inspector will prepare a punch list of items requiring completion or correction to the satisfaction of the EOR and the project manager. The Construction 16.C.2.c Packet Pg. 1570 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 9 Inspector will be responsible for maintaining the punch-list and issuing updates to the punch-list on a weekly basis. The Construction inspector will coordinate and participate in the final walk -through to ensure that the punch-list items are completed to the satisfaction of the EOR and the project manager. All services related to the Substantial Completion Inspection shall be provided in writing and pictures to the project manager for the Project. 1.8 – Final Completion Inspection - Upon the request of the construction contractor and concurrence of the EOR and the project manager, the Construction Inspector will conduct final inspections of portions of the project, as they are finished to determine if construction has been completed in accordance with the Contract Documents and the construction contractor has fulfilled all obligations therein. Based on the results of the final inspection, the EOR, project manager, and the Construction inspector will judge the work complete or not complete. If the work is judged complete, the Construction Inspector will issue a “notice of final acceptance and recommendation for final payment”. If the work is judged not complete, the Construction inspector will issue written instructions to the construction contractor identifying the work judged not complete. Upon provision of the construction contractor evidence or assurance that the deficiencies noted above have been corrected or completed, a second final inspection will be scheduled to verify that the outstanding issues have been resolved and the Construction inspector can issue a “notice of final acceptance and recommendation for final payment”. All services related to the Final Completion Inspection shall be provided to the project manager of the Project. 1.9 – Final Construction Certification – Upon issuance of a “notice of final acceptance and recommendation for final payment” the Construction inspector will provide a signed and sealed certification by a professional engineer of the EOR in responsible charge of the work provided by the Construction inspectors stating that the “Project has been completed by the con struction contractor in accordance with the Plans and Specifications of the Contract Documents as amended by the Engineer of Record”. All services related to the Final Construction Certification shall be provided to the project manager of the Project. 1.10 – Public Information Web Site – The county may elect the selected consultant to provide weekly project update on a project specific web site in order to advise the public of a project’s progress and upcoming construction activities. TASK 2.0 – Construction Inspector and Project Oversight 2.1 - General Management and Oversight – The Construction inspector will provide support services customarily related to the construction observation and inspection of similar projects including, but not limited to the following: a. Participate in a pre-construction meeting with the project manager, EOR, and the general contractor. b. Participate in other meetings as described or implied herein. c. Review and verify correctness of the construction contractor’s monthly applications for payment and accompanying data and recommend approval of payments due to the construction contractor. The Construction inspector’s recommendation of any payment requested in an application for payment shall constitute a representation by the Construction inspector to the project manager as an experienced and qualified professional, that based on Construction inspector’s onsite observations and inspections of construction in progress, that the construction quantities in the applications for payment accurately reflect the progress of the work and that the work is constructed in accordance with the Contract Documents. The Construction inspector will 16.C.2.c Packet Pg. 1571 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 10 process pay requests in accordance with the Florida Prompt Payment Act. All incoming pay requests processed by the Construction inspector shall be mechanically stamped with the date received. d. The Construction inspector will review the monthly updates to the construction schedule prepared by the construction contractor and provide written comments to the project manager and EOR. e. The Construction inspector will provide such field testing and verification that all materials, equipment and supplies installed or utilized on the Project are in full accordance with the Contract Documents and approved Shop Drawings provided by the EOR. f. Within one week after the construction contractor notifies the EOR and the project manager that the Work on the Project is substantially complete in accordance with the Contract Documents, the Construction inspector will provide a signed and sealed certification by a professional engineer registered in the State of Florida, that the Work was done under his supervision and performed in accordance with the Contract Documents, including all approved shop drawings and change orders except as noted. 2.2 – Coordination of Shop Drawings, Contract Interpretations and Clarifications – The Construction inspector will coordinate with the design engineer (EOR) regarding the issuance of interpretations and clarifications of Contract Documents during construction. The Design Engineer (EOR) shall be responsible for technical review and decisions regarding interpretation and clarification of Contract Documents. The Construction inspector shall coordinate the Design Engineer’s (EOR) decisions and responses with the construction contractor. 2.3 - Monitor Project Records – The Construction inspector shall monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. 2.4 – As Constructed Field Drawings – The Construction inspector shall maintain red pencil “mark-up” notations and sketches on full size construction plans that reflect the actual details of constructed facilities. These Constructed Field Drawings will be used by the Construction inspector to validate the “As Built” documentation provided by the construction contractor. The Construction inspector will notify the project manager, EOR and the construction contractor of any differences in the documents maintained by the general contractor and the Construction inspector on a weekly basis for resolution by the EOR. 2.5 – Start-up and Re-commissioning Support – The Construction inspector will assist the project manager, the EOR, and the construction contractor during start-up of each segment designated for Beneficial Use by the EOR and project manager, including but not limited to signing off on regulatory permits and general coordination between the EOR, project manager, and construction contractor. 2.6 Asset Management Information – Provide asset management information of the constructed infrastructure in a format specified by Collier County. Task 3.0 – Additional Services 3.1 – Additional Services (only as authorized in writing) –In accordance with the contract or purchase order, in the event that other services may arise during the course of the work, but were not envisioned as part of the original or amended scope of work; Engineer shall submit a proposal to perform Additional Services prior to the performance of the work. The proposal shall include the specific services to be performed, time to complete, compensation, and an explanation as to why the 16.C.2.c Packet Pg. 1572 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 11 services were not previously envisioned as part of the scope of work. The proposed Additional Services must be approved by the project manager in writing in advance of performance of said Additional Services. Failure to notify the project manager in writing of Additional Services shall be deemed a waiver of any claim by the Engineer that such services were Additional Services. Written authorization from the project manager will be required for any charges that exceed the predetermined upper limit. Term of Contract The contract term, if an award(s) is/are made is intended to be for the duration of the project and any close out related activities. The prices quoted on the Consultant’s Proposal shall remain in effect for a period of four (4) years from the date of award by the Board of County Commissioners. Subsequently, at the discretion of the County and upon the written request of the Consultant at least thirty (30) days in advance, all prices may be adjusted on the anniversary date of the Agreement, based on the Consumer Price Index-South Region. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice November 4, 2014 Last Date for Receipt of Written Questions November 24, 2014, 5:00PM, Naples Local Time Pre Proposal Conference November 13, 2014, 11:00AM, Naples Local Time Addendum Issued Resulting from Written Questions December 1, 2014 Solicitation Deadline Date and Time December 5, 2014, 3:00PM, Naples Local Time Anticipated Evaluation of Submittals December 2014 Anticipated Completion of Contract Negotiations January 2015 Anticipated Board of County Commissioner’s Contract Approval Date February 2015 Response Format The Consultant understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Consultant further agrees that if the contract is awarded the work will be per formed in accordance with the 16.C.2.c Packet Pg. 1573 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 12 provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Consultant’s approach and ability to meet the County’s needs, as stated in the RFP. All proposals should be presented as described in the RFP in PDF or Microsoft Word format with Tabs clearly marked. If applicable, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below are to be submitted with each proposal and submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Consultant to include all listed items may result in the rejection of its proposal. 1. Tab I, Cover Letter / Management Summary (Maximum Pages 2 / Maximum 0 Points) In this tab, include: 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. In addition, provide the name of the firm’s local registered professional engineer that will be the firm’s project manager throughout the duration of this contract. Submission of a signed Proposal is Consultant's certification that the Consultant will accept any awards as a result of this RFP. The consultant will indicate which project(s) to be considered If services to be provided involve or are related to a physical site(s), including, but not limited to: design services for construction, physical monitoring, environmental studies, inspections or other similar activities, prior to submission of proposal, proposers may visit the site(s) to become familiar with local conditions that may in any manner affect performance of the Work. This site visit shall be documented in writing by the proposer; this documentation shall be submitted with the proposal. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to this Agreement as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the awarded proposer, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 2. Tab II, Project Approach (Maximum Pages 15 / Maximum Points 45) The vendor will review the projects, MPS 101 Basin, MPS 305 Basin, and MPS 306 Basin starting on page 5 of this RFP Document or the attached Table 1 document. A detailed project approach must be attached for each project since the vendors will be ranked within each project individually. In this tab, include:  Detailed plan of approach (including major tasks and sub-tasks).  Description of the proposed contract team and the role to be played by each member of the proposed team. Include the qualifications of sub consultants or subcontractors proposed to be used in this contract. 16.C.2.c Packet Pg. 1574 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 13  Provide detailed qualifications of the firm’s project manager and deputy project manager who will be permanently assigned to this contract.  Detailed plan of approach (including major tasks and sub-tasks).  Preliminary Project Management Plan  Describe how your team will minimize the professional services and construction costs of this program should you be awarded this contract 3. Tab III, Team’s Technical Expertise, Experience, Capacity of Firm and Collier County Public Utility Experience(Maximum Pages 10 excluding appendix / Maximum Points 35) In this tab, include  Provide information that documents Consultant’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.  Provide details of risks that may be associated with the project and how the firm may overcome those risks.  Provide details of unique benefits that the firm offers on this project.  Describe the proposed project team including the roles and expertise of the team members. Provide information illustrating the team member’s local knowledge, experience and familiarity with Collier County PPMD design standards.  In an appendix, attach resumes of all proposed project team members who will be involved in the total package of services, as well as the delivery of specific services. The same should be done for any sub-consultants. If sub-consultants are being utilized, letters of intent from stated sub-consultants must be included with proposal submission. Include the qualifications of sub consultants or subcontractors proposed to be used in this contract.  Provide current list of potable water and wastewater projects in the format identified below: 1. Project Description 2. Start Date 3. End Date 4. Initial Contract Amount 5. Final Contract Amount 6. Number of Change Orders 7. Number of Owner-directed Change Orders 8. Number of Design-related Change Orders 4. Tab IV, Location (Maximum Pages 10 / Maximum Points 10) The selected consultant(s) will be required to interface with PUD staff on a daily basis. Collier County has concluded that selecting a local (Collier and Lee Counties) consultant is in its best interest to contain costs and to minimize task completion time frames. Firms having a local office will receive the maximum number of points (10). Firms having office their office located within 75 miles will receive 5 points. Firms having an office beyond 75 miles will not receive any points under this category. 5. Tab V, References – 5 Completed and Returned (Maximum Pages 5 / Maximum Points 10) In order for the Consultant to be awarded any points for this tab, the County requ ests that the Consultant submits five (5) completed reference forms from clients whose projects are of a 16.C.2.c Packet Pg. 1575 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 14 similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the Consultant in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Consultant’s information provided in this area:  The County will total each of the Consultant’s five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Consultants who do not turn in reference forms will be counted as zero (0).  The greatest number of points allowed in this criterion will be awarded to the Consultant who has the highest score.  The next highest Consultant’s number of points will be divided by the highest Consultant’s points which will then be multiplied by criteria points to determine the Consultant’s points awarded. Each subsequent Consultant’s point score will be calculated in the same manner.  Points awarded will be extended to the whole number per Microsoft Excel. For illustrative purposes only, see chart for an example of how these points would be distributed among proposers. Consultant Name Consultant Total Reference Score Points Awarded Consultant ABC 445 10 Consultant DEF 435 8.9 Consultant GHI 425 8.7 Consultant JKL 385 7.9 Note: Sample chart reflects a 20 point reference criterion. The points awarded by Consultant will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Consultant’s proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Consultant. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal an d prior to final ranking by the final Selection Committee. 6. Tab VI, Acceptance of Conditions (0 Points) Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in the RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Consultant may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. 7. Tab VII, Required Form Submittals (0 Points)  Attachment 2: Consultant Checklist  Attachment 3: Conflict of Interest Affidavit  Attachment 4: Consultant Declaration Form’  Attachment 5: Immigration Affidavit and company’s E-Verify profile page and memorandum of understanding 16.C.2.c Packet Pg. 1576 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 15  Attachment 6: Consultant Substitute W9  Attachment 7: Insurance Requirements  Attachment 8: Reference Questionnaire  Other: License, Certifications, etc. 16.C.2.c Packet Pg. 1577 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 16 Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Consultants must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective Consultants having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum. All prospective Consultants 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 Consultants must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Consultant in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 3:00PM, Naples local time, on or before December 5, 2014, to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Swainson Hall, Procurement Strategist 16.C.2.c Packet Pg. 1578 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 17 The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Consultant’s personnel or by the Consultant’s outside carrier. However, the Procurement Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions:  The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline.  The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Consultants must submit one (1) paper copy clearly labeled “Master,” and six (6) compact disks (CD’s) with one copy of the proposal on each CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Consultant makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Policy. 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. The County may, as it deems necessary, conduct discussions with qualified Consultants determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals Collier County will evaluate and select these Services in accordance with Florida Statute 287.055, Consultants’ Competitive Negotiation Act. The County’s procedure for selecting is as follows: 1. The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Strategist will publicly post prior notice of such meeting in the lobby of the Purchasing Building. 16.C.2.c Packet Pg. 1579 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 18 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice will be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and will endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. Collier County will consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, interviews, or oral presentations. 8. The Selection Committee, as approved by the County Manager or designee, will review, evaluate and rank all responsive proposals received from Proposers responding to this RFP. The committee members will score each Proposal in accordance with the rating criteria set forth below and may, at their discretion, schedule presentations from any firms submitting a proposal. Consultant(s) shall have an opportunity to discuss their qualifications, approach to the project and ability to furnish services for the scope of work outlined in this solicitation during the publicly announced Selection Committee Meeting prior to the final ranking. This discussion does not preclude the County from having additional presentations by ranked firms at the County’s sole discretion. 9. The Selection Committee will rank qualified firms in order of preference and by consensus using all information presented to the Committee, choose the top ranked firm and will subsequently enter into negotiations with the top ranked firm. Award of the contract is dependent upon the successful and full execution of a mutually agreed contract. 10. Negotiations shall begin with the top-ranked firm(s) in accordance with Florida Statute 287.055. 11. Upon the successful completion of negotiations, contracts will be presented to the Board of County Commissioners for approval. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Consultant nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances may not be considered. 10. References The County reserves the right to contact any and all references submitted as a result of this solicitation. 11. Proposal Selection Committee and Evaluation Factors The County Manager or designee will appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. 16.C.2.c Packet Pg. 1580 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 19 Tab I, Cover Letter / Management Summary 0 Tab II, Project Approach 45 Tab III, Team’s Technical Expertise 35 Tab IV, Location 10 Tab V, References 10 Tab I, Cover Letter / Management Summary 0 TOTAL 100 Points Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the Consultant (as obtained from the County’s financial system) within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the Consultant, subject to verification at the County’s option. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and Collier County. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Consultant, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Consultant or to re-advertise using the same or revised documentation, at its sole discretion. 16.C.2.c Packet Pg. 1581 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 20 Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 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 VENDOR. 3. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR’S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non-conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR’S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act,” and, pursuant to the Board of County Commissioners Purchasing Policy. 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 16.C.2.c Packet Pg. 1582 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 21 delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY’S right to insist upon further compliance with all specifications. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY’S name or other identifying marks or property without the prior written consent of the COUNTY’S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 11. Warranty of Non-Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY’S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is 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 16.C.2.c Packet Pg. 1583 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 22 performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non- exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective 16.C.2.c Packet Pg. 1584 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 23 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. 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. 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. 16.C.2.c Packet Pg. 1585 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 24 Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance and Bonding Requirements The Consultant 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 Consultant shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Consultant waive against each other and the County’s separate Consultants, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Consultant and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Consultants, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Consultant under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The 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 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 Consultant has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Consultant must identify on the Certificate of Insurance the nature and amount of such self - insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Consultant’s sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Consultant 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 Consultant. The Consultant 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 Consultant from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant hereunder, Consultant shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 16.C.2.c Packet Pg. 1586 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 25 Should at any time the Consultant 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 Consultant for such coverage(s) purchased. If Consultant 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 Consultant under this Agreement or any other agreement between the County and Consultant. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Consultant 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 Consultant to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful Consultant extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful Consultant. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 100% of the solicitation amount for said work. 5. County’s Right to Inspect The County or its authorized Agent shall have the right to inspect the Consultant’s facilities/project site during and after each work assignment the Consultant is performing. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Consultant shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Consultant. 7. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 16.C.2.c Packet Pg. 1587 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 26 8. Work Orders on Fixed Term Contracts 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. The contracts are classified as fixed-term Countywide Agreements for various and miscellaneous services which will be utilized on an as-needed basis. Assignments shall be implemented with Work Orders subject to a maximum of $200,000 per Work Order. Work Order assignments in excess of $200,000 shall be approved by the Board of County Commissioners. 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. 9. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include:  Purchase Order Number  Description and quantities of the goods or services provided per instructions on the County’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk@collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include:  Traditional – payment by check, wire transfer or other cash equivalent.  Standard – payment by purchasing card. Collier County’s Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County’s credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an “Additional Cash Discount.” Upon execution of the Contract and completion of each month’s work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices 16.C.2.c Packet Pg. 1588 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 27 submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after c ompletion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of “laches” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 10. Environmental Health and Safety All Consultants and Sub Consultants 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. Consultants and Sub Consultants shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Consultant’s work operations. This provision is non-negotiable by any department and/or Consultant. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 11. Licenses The Consultant 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 Consultant to submit the required documentation may be grounds to deem Consultant non-responsive. A Consultant, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active” in Collier County 16.C.2.c Packet Pg. 1589 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 28 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. 12. Survivability Work Orders: The Consultant/Contractor/Vendor agrees that any Work Order that extends beyond the expiration date of Solicitation 14-6345 Construction, Engineering, and Inspection (CEI) Services for the Wastewater Basin Programs will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. 13. Principals/Collusion By submission of this Proposal the undersigned, as Consultant, 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. 14. Relation of County It is the intent of the parties hereto that the Consultant shall be legally considered an independent Consultant, and that neither the Consultant 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 Consultant, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 15. Termination Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non performance. 16. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 17. Certificate of Authority to Conduct Business in the State of Florida (Florida 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. 16.C.2.c Packet Pg. 1590 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 29 18. Single Proposal Each Consultant must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- consultant to any other firm or firms submitting under the same RFP. All submittals in violation of t his requirement will be deemed non-responsive and rejected from further consideration. In addition, consultants that have participated and/or will participate in the development of scope, background information or oversight functions on this project are precluded from submitting a Proposal as either a prime or sub- consultant. 19. Protest Procedures Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County’s then current purchasing ordinance and policies. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a f ormal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 20. Public Entity Crime A person or affiliate who has been placed on the convicted Consultant list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Consultant list. 21. Security and Background Checks If required, Consultant / Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 16.C.2.c Packet Pg. 1591 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 30 22. Conflict of Interest Consultant 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 int ended to identify and or preclude conflict of interest situations during contract selection and execution. 23. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, f ee, 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. 24. Immigration Law Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program:  Commodity based procurement where no services are provided.  Where the requirement for the affidavit is waived by the Board of County Commissioners Consultants / 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 Consultant’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. Consultants are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Consultant does not comply with providing the acceptable E-Verify evidence and the executed affidavit the bidder’s / Consultant’s proposal may be deemed non-responsive. Additionally, Consultants shall require all subcontracted Consultants to use the E-Verify system for all purchases not covered under the “Exceptions to the program” clause above. For additional information regarding the Employment Eligibility Verification System (E -Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Consultant’s responsibility to familiarize themselves with all rules and regulations governing this program. Consultant 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 16.C.2.c Packet Pg. 1592 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 31 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. 16.C.2.c Packet Pg. 1593 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 32 Attachment 1: Consultant’s Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Consultants not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. . We are not responding to CCNA Solicitation 14-6345 Construction, Engineering, and Inspection (CEI) Services for the Wastewater Basin Programs for the following reason(s): Services requested not available through our company. Our firm could not meet specifications/scope of work. Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) Project is too small. Insufficient time allowed for preparation of response. Incorrect address used. Please correct mailing address: Other reason(s): Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name: _____________________________________ Date _____________ 16.C.2.c Packet Pg. 1594 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 33 Attachment 2: Consultant Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Consultant should check off each of the following items as the necessary action is completed: The Proposal has been signed. All applicable forms have been signed and included, along with licenses to complete the requirements of the project. Any addenda have been signed and included. The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Swainson Hall, Procurement Strategist CCNA Solicitation: 14-6345 Construction, Engineering, and Inspection (CEI) Services for the Wastewater Basin Programs The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name: ________________________________________ Date ___________ 16.C.2.c Packet Pg. 1595 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 34 Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: ____________________________________________________________________ Signature and Date: ____________________________________________________________________ Print Name ____________________________________________________________________ Title of Signatory ____________________________________________________________________ State of _______________________________________________________________________ County of _______________________________________________________________________ SUBSCRIBED AND SWORN to before me this ____________ day of __________________, 20___________, by _______________________________________________, who is personally known to me to be the ________________________________________ for the Firm, OR who produced the following identification ________________________________________. Notary Public My Commission Expires ___________________________________________ 16.C.2.c Packet Pg. 1596 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 35 Attachment 4: Consultant Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation: 14-6345 Construction, Engineering, and Inspection (CEI) Services for the Wastewater Basin Programs Dear Commissioners: The undersigned, as Consultant declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Consultant agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Consultant states that the proposal is based upon the proposal documents listed by the above referenced CCNA Solicitation. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of _____________, 200__ in the County of _______________, in the State of _____________. Firm’s Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number CCR # or CAGE Code __________________________________________________________________________ Telephone: FAX: Signature by: (Typed and written) Title: 16.C.2.c Packet Pg. 1597 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 36 Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: 16.C.2.c Packet Pg. 1598 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 37 Attachment 5: Immigration Affidavit Certification CCNA Solicitation: 14-6345 Construction, Engineering, and Inspection (CEI) Services for the Wastewater Basin Programs This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB’s) and Request for Proposals (RFP) submittals. Further, Consultants / 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 Consultant’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program may deem the Consultant / Bidder’s proposal as non-responsive. Collier County will not intentionally award County contracts to any Consultant who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (“INA”). Collier County may consider the employment by any Consultant 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. Consultant 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 Consultant’s / Bidder’s proposal. Company Name ____________________________________________________________________ Print Name Title _______________________ Signature Date _______________________ State of ___________________ County of _________________ The foregoing instrument was signed and acknowledged before me this ______day of ________________, 20___, by _______________________________ who has produced _____________________________ as identification. (Print or Type Name) (Type of Identification and Number) _____________________________________ Notary Public Signature _____________________________________ Printed Name of Notary Public _____________________________________ Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 16.C.2.c Packet Pg. 1599 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 38 Attachment 6: Consultant 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 (includin g social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name ___________________________________________________________________________________ (as shown on income tax return) Business Name ___________________________________________________________________________________ (if different from taxpayer name) Address ____________________________________ City _______________________________________________ State ______________________________________ Zip ________________________________________________ Telephone __________________ FAX ______________________ Email __________________________________ Order Information Address ___________________________________ Remit / Payment Information Address ____________________________________________ City __________ State ________ Zip ___________ City _____________ State _________ Zip ______________ FAX ______________________________________ Email _____________________________________ FAX ______________________________________________ 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) _______________________________________________________________ (Consultants who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form: Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature ___________________________________________________________ Date _________________________________ Title _______________________________________________________________ Phone Number ________________________ 16.C.2.c Packet Pg. 1600 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 39 . Attachment 7: 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 2. Employer’s Liability $500,000 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 Inju ry 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/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 5. 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 and in the aggregate  $1,000,000 per claim and in the aggregate  $2,000,000 per claim and in the aggregate 16.C.2.c Packet Pg. 1601 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 40 Project Professional Liability $__________ Per Occurrence Valuable Papers Insurance $__________ Per Occurrence 6. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. Performance and 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. 8. Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 9. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County (or Collier MPO). 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. 11. Thirty (30) Days Cancellation Notice required. Consultant’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 ____________________________ Consultant Signature _________________________________________________________________________ Print Name _________________________________________________________________________ Insurance Agency _________________________________________________________________________ Agent Name _______________________________________ Telephone Number _________________ 16.C.2.c Packet Pg. 1602 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 41 Attachment 8: Reference Questionnaire Solicitation: 14-6345 Construction, Engineering, and Inspection (CEI) Services for the Wastewater Basin Programs 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 is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/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.” 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 Please FAX this completed survey to: _______________________________________ By ________________ 16.C.2.c Packet Pg. 1603 Attachment: Attachment 3 - 14-6345 CEI Services_Solicitation (10180 : CEI Services Western Interconnect Phase-2) Contract# 14-6345 "Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs" [MPS 305 BASIN] PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this .J±i day of iJ,, Cy , 20J_S- by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and AECOM Technical Services, Inc., authorized to do business in the State of Florida, whose business address is 4415 Metro Parkway, Suite 404, Fort Myers, FL 33916 (hereinafter referred to as the "CONSUL TANT"). WIT N ES S ETH: WHEREAS, the OWNER desires to obtain the professional Construction Engineering and Inspection (CEI) Services of the CONSUL TANT concerning the Wastewater Basin Programs [MPS 305 Basin] (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSUL TANT has submitted a proposal for provision of those services; and WHEREAS, the CONSUL TANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: 16.C.2.d Packet Pg. 1604 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSUL TANT shall provide to OWNER professional Construction Engineering and Inspection (CEI) services in all phases of the Project to which this Agreement applies. 1.2 . The Basic Services to be performed by CONSUL TANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSUL TANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida , including, but not limited to , all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4 . The CONSULTANT agrees that , when the services to be provided hereunder relate to a professional service which, under Florida Statutes , requires a license , certificate of authorization or other form of legal entitlement to practice such services , it shall employ and/or retain only qualified personnel to provide such services to OWNER. 1.5. CONSUL TANT designates Ronald R. Cavalieri, a qualified licensed professional , to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSUL TANT with respect to directing , coordinating and adm inistering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSUL TANT on all matters arising out of or relating to this Agreement. The CONSUL TANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by 2 16.C.2.d Packet Pg. 1605 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSUL TANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSUL TANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSUL TANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSUL TANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSUL TANT agrees that all services to be provided by CONSUL TANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701 (2)(a)-(d) and (3)) as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. 3 16.C.2.d Packet Pg. 1606 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law . (d) Meet all requirements for retaining public records and transfer , at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements . All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. In the event of any conflicts in these requirements, the CONSUL TANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolut ion of each such conflict. OWNER 'S approval of the design documents in no way relieves CONSUL TANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following : Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents , failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and/or items necessary to correct the deficiencies directly related to the . Consultant's non-performance whether or not the County obtained substitute performance . 4 . 3 16.C.2.d Packet Pg. 1607 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) 1.8 . CONSUL TANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER 'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSUL TANT hereunder, and CONSUL TANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph . CONSUL TANT shall provide OWNER prompt written notice of any such subpoenas. 1.9. As directed by OWNER , all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD , drawn in the Florida State Plane East (US Feet) Coordinate System (NAO 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way -ROW, centerlines -CL , edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications . ARTICLE TWO ADDITIONAL SERVICES OF CONSUL TANT 2.1. If authorized in writing by OWNER through a Change Order to this Agreement , CONSUL TANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope , compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement , such authority will be as established in OWNER 'S Purchasing Ordinance and Procedures in effect at the time such services are authorized . These services will be paid for by OWNER as 5 0 16.C.2.d Packet Pg. 1608 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services . OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed : (i) a waiver of any claim by CONSUL TANT for such Additional Services and (ii) an admission by CONSUL TANT that such Work is not additional but rather a part of the Basic Services required of CONSUL TANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSUL TANT in response to an emergency , an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSUL TANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSUL TANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above , waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services , if not otherwise specified in Schedule A as part of Basic Services , shall be Additional Services : 2.2 . Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans , bond issues or advances in connect ion with the Project. 2 .3. Services resulting from significant changes in the general scope , extent or character of the Project or its design including , but not limited to, changes in size , complexity , OWNER 'S schedule or character of construction ; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws , rules , regulations , ordinances , codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies , reports or documents , or are due to any other causes beyond CONSULTANT'S control and fault. 6 16.C.2.d Packet Pg. 1609 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) 2.4. Providing renderings or models for OWNER'S use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2 .6. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSUL TANT hereunder. 2.8. Services during travel outside of Collier and Lee Counties required of CONSUL TANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.9. Preparation of operating , maintenance and staffing manuals, except as otherwise provided for herein. 2.10. Preparing to serve or serving as a CONSUL TANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.11. Additional services rendered by CONSUL TANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice . ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter 7 16.C.2.d Packet Pg. 1610 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions , receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSUL TANT that would have the effect, or be interpreted to have the effect , of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSUL TANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services ; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall : (a) Review and make appropriate recommendations on all requests submitted by the CONSUL TANT for payment for services and work provided and performed in accordance with this Agreement ; (b) Provide all criteria and information requested by CONSUL TANT as to OWNER's requirements for the Project, including design objectives and constraints, space , capacity and performance requirements , flexibility and expandability , and any budgetary limitations ; (c) Upon request from CONSUL TANT , assist CONSUL TANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project , including existing drawings , specifications, shop drawings , product literature , previous reports and any other data relative to the Project ; (d) Arrange for access to and make all provisions for CONSUL TANT to enter the Project site to perform the services to be provided by CONSUL TANT under this Agreement; and 8 16.C.2.d Packet Pg. 1611 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSUL TANT hereunder. ARTICLE FOUR TIME 4 .1. The period of service shall be from the date of Board approval of this Agreement through twenty (20) years from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed. 4 .2 . Services to be rendered by CONSUL TANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with Schedule defined in each Notice to Proceed. Time is of the essence with respect to the performance of this Agreement. 4.3. Should CONSUL TANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSUL TANT, and not due to its own fault or neglect , including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires , floods , epidemics , quarantine regulations, strikes or lock-outs , then CONSUL TANT shall notify OWNER in writing within five (5) working days after commencement of such delay , stating the specific cause or causes thereof , or be deemed to have waived any right which CONSUL TANT may have had to request a time extension for that specific delay. 4.4. No interruption , interference , inefficiency , suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever , including those for which OWNER may be responsible in whole or in part , shall relieve CONSUL TANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. 9 16.C.2.d Packet Pg. 1612 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided , however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay " provision. This paragraph shall expressly apply to claims for early completion , as well as claims based on late completion. Provided , however , if through no fault or neglect of CONSUL TANT , the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted , with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSUL TANT, if any , as a result of such delays. 4.5 . Should the CONSUL TANT fail to commence, provide , perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSUL TANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or w ill shortly be back on schedule. 4.6 . In no event shall any approval by OWNER authorizing CONSUL TANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSUL TANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX 10 16.C.2.d Packet Pg. 1613 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) OWNERSHIP OF DOCUMENTS 6 .1. Upon the completion or termination of this Agreement , as directed by OWNER, CONSUL TANT shall deliver to OWNER copies or originals of all records, documents, drawings , notes , tracings, plans, MicroStation or AutoCAD files, specifications , maps , evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSUL TANT under this Agreement ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSUL TANT. CONSUL TANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents . CONSUL TANT , at its own expense, may retain copies of the Project Documents for its files and internal use . 6 .2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation , CONSUL TANT hereby grants to OWNER a nonexclusive , irrevocable license in all of the Project Documents for OWNER 'S use on this Project. CONSUL TANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further , CONSUL TANT consents to OWNER 'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSUL TANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSUL TANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSUL TANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed , whichever is later, or such later date as may be required by law. OWNER , or any duly authorized agents or representatives of OWNER , shall , free of charge , have the right to audit , inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during 11 16.C.2.d Packet Pg. 1614 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) the five (5) year period noted above, or such later date as may be required by law ; provided, however, such activity shall be conducted only during normal business hours . ARTICLE EIGHT INDEMNIFICATION 8 .1. To the maximum extent permitted by Florida law, CONSUL TANT shall indemnify and hold harmless OWNER , its officers and employees from any and all liabilities , damages, losses and costs , including, but not limited to, reasonable attorneys ' fees and paralegals ' fees , to the extent caused by the negligence, recklessness , or intentionally wrongful conduct of CONSUL TANT or anyone employed or utilized by the CONSUL TANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherw ise may be available to an indemnified party or person described in this paragraph. ARTICLE NINE INSURANCE 9.1. CONSUL TANT shall obtain and carry , at all times during its performance under the Contract Documents , insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida . 9 .3 . All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies : 9 .3.1. All insurance policies, other than the Business Automobile policy , Professional Liability policy, and the Workers Compensation policy , provided by CONSUL TANT to meet the requirements of this Agreement shall name Collier County Government , Collier County , Florida , as an additional insured as to the operations of CONSUL TANT under this Agreement and shall contain a severability of interests provisions. 12 16.C.2.d Packet Pg. 1615 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSUL TANT. 9.3.3 . All insurance coverage of CONSUL TANT shall be primary to any insurance or self- insurance program carried by OWNER applicable to this Project, and the "Other Insurance " provisions of any policies obtained by CONSUL TANT shall not apply to any insurance or self-insurance program carried by OWNER applicable to this Project. 9 .3.4 . The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida . 9.4 . CONSUL TANT , its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER , except such rights as they may have to the proceeds of such insurance held by any of them. 9.5. All insurance companies from whom CONSUL TANT obtains the insurance policies required hereunder must meet the following minimum requirements : 9 .5 .1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9 .5.2. The insurance company must have a current A. M . Best financial rating of "Class VI " or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10 .1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with , or use of the services of any other person or firm by CONSUL TANT, as independent consultant or otherwise , shall be subject to the prior written approval of the OWNER. No provision of this 13 16.C.2.d Packet Pg. 1616 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 . Attached as Schedule F is a listing of all key personnel CONSUL TANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSUL TANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSUL TANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSUL TANT by the terms of this Agreement, and to assume toward the CONSUL TANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSUL TANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. 10.4. CONSUL TANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSUL TANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship 14 16.C.2.d Packet Pg. 1617 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) between OWNER and any subconsultant or subcontractor. Further, all such contracts shall prov ide that , at Owner's discretion , they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1 . CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims , except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of th is Agreement and identified by CONSUL TANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12 .1. CONSUL TANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement , in whole or in part , as further set forth in this section , for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed , or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER , or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSUL TANT or by any of CONSULTANT'S principals , officers or directors , or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations o r other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement , or (f) for any other just cause . The OWNER may so terminate this Agreement , in whole or in part , by giving the CONSUL TANT seven (7) calendar days written notice of the material default. 12 .2. If, after notice of termination of this Agreement as provided for in paragraph 12 .1 above , it is determined for any reason that CONSUL TANT was not in default, or that its default was excusable , or that OWNER otherwise was not entitled to the remedy against CONSUL TANT 15 16.C.2.d Packet Pg. 1618 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) provided for in paragraph 12.1 , then the notice of termination given pursuant to paragraph 12 .1 shall be deemed to be the notice of termination provided for in paragraph 12 .3, below, and CONSUL TANT's remedies against OWNER shall be the same as and be limited to those afforded CONSUL TANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part , without cause upon seven (7) calendar days written notice to CONSULTANT . In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSUL TANT that are directly attributable to the termination , but CONSUL TANT shall not be entitled to any other or further recovery against OWNER , including , but not limited to, anticipated fees or profits on work not required to be performed . CONSULTANT must mitigate all such costs to the greatest extent reasonably possible . 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers , records , documents , drawings, models , and other material set forth and described in this Agreement , including those described in Section 6 , that are in CONSULTANT'S possession or under its control. 12 .5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSUL TANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended , the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein . 12.6 . In the event (i) OWNER fails to make any undisputed payment to CONSUL TANT within forty-five (45) days after such payment is due or such other time as required by Florida 's Prompt 16 ,,.... 16.C.2.d Packet Pg. 1619 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSUL TANT under this Agreement , and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSUL TANT may stop its performance under this Agreement until such default is cured , after giving OWNER a second fourteen (14) days written notice of CONSUL TANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSUL TANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSUL TANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice , CONSUL TANT may , upon fourteen (14) additional days' written notice to the OWNER , terminate the Agreement and recover from the Owner payment for Services performed through the termination date , but in no event shall CONSUL TANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13 .1. CONSUL TANT warrants that CONSUL TANT has not employed or retained any company or person , other than a bona fide employee working solely for CONSUL TANT , to solicit or secure this Agreement and that CONSUL TANT has not paid or agreed to pay any person , company , corporation , individual or firm , other than a bona fide employee working solely for CONSUL TANT , any fee , commiss ion , percentage, gift or any other consideration contingent upon or resulting from the award or mak ing of this Agreement. 13 .2 . In accordance with provisions of Section 287 .055, (5)(a), Florida Statutes , the CONSUL TANT agrees to execute the required Truth-In-Negotiation Certificate , attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs 17 16.C.2.d Packet Pg. 1620 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSUL TANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSUL TANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSUL TANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSUL TANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: 18 16.C.2.d Packet Pg. 1621 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) Board of County Commissioners Collier County Florida Procurement Services Division 3327 Tam iami Trail East Naples, FL 34112 Attention : Joanne Markiewicz, Director, Procurement Services Division Telephone: 239-252-8407; Fax : 239-252-6480 16 .2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSUL TANT shall be made in writing and shall be delivered by hand , by fax or by the United States Postal Service Department , first class mail service , postage prepaid , addressed to the following CONSULTANT'S address of record: AECOM Technical Services , Inc . 4415 Metro Parkway , Suite 404 Fort Myers , FL 33916 Phone: 239-278-7996 ; Fax : 239-278-0913 Attn : Ronald R. Cavalieri , Client Service Manager 16.3. Either party may change its address of record by written notice to the other party g iven in accordance with requirements of this Article . ARTICLE SEVENTEEN MISCELLANEOUS 17 .1. CONSULTANT, in representing OWNER , shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust , confidence , and fair dealing . 17 .2 . No modification , waiver , suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party . 17.3. This Agreement is not assignable , or otherwise transferable in whole or in part , by CONSUL TANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 19 16.C.2.d Packet Pg. 1622 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) 17 .5 . The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles , Schedules, Parts and Attachments . 17.6. This Agreement, including the referenced Schedules and Attachments hereto , constitutes the entire agreement between the parties hereto and shall supersede , replace and nullify any and all prior agreements or understandings , written or oral, relating to the matter set forth herein , and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17 .7 . Unless otherwise expressly noted herein , all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts , each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein : Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE (To be subsequently, provided with each Notice to Proceed.) Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL , SUBCONSUL TANTS AND SUBCONTRACTORS 20 16.C.2.d Packet Pg. 1623 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) RFP # 14-6345 Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs Terms and Conditions Consultant's Proposal ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws , rules , and regulations of the State of Florida , and by such laws , rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County , Florida , which courts have sole and exclusive jurisd iction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19 .1. CONSUL TANT warrants that CONSULTANT has not employed or retained any company or person , other than a bona fide employee working solely for CONSUL TANT , to solicit or secure this Agreement and that CONSUL TANT has not paid or agreed to pay any person , company , corporation , individual or firm , other than a bona fide employee working solely for CONSUL TANT, any fee, commission , percentage , gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed , CONSUL TANT shall sign and de liver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate , incomplete , or noncurrent wage rates and other factual unit costs . 19.2. By its execution of this Agreement , CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: 21 16.C.2.d Packet Pg. 1624 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal , or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida . The mediation shall be attended by representatives of CONSUL TANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla . Stat. 20.2 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida , which courts have sole and exclusive jurisdiction on all such matters. 22 16.C.2.d Packet Pg. 1625 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1 By executing and entering into this agreement , the CONSUL TANT is formally acknowledging without exception or stipulation that it is fully responsible for comply ing 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 CONSUL TANT to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilatera lly terminate this agreement immediately . ********** 23 16.C.2.d Packet Pg. 1626 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) IN WITNESS WHEREOF , the parties hereto have executed this Professional Services Agreement for Construction Engineering and Inspection (CEI) Services [MPS 305 Basin] Services the day and year first written above . ATTEST : Name ;:: ~ 'Hd,.,,f-Ma"1JU Name and Title 7 ' ~t_ness Lh eac C , {.)..)oHe.r Qdm'i.n ,Q~t. Name and Title ' BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY , FLORIDA , By :_/_~-~-~-~--- Tim Nance , Chairman AECOM Technical Services. Inc. 24 l 16.C.2.d Packet Pg. 1627 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) Contract# 14-6345 "Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs" [MPS 305 Basin] SCHEDULE A SCOPE OF SERVICES Construction Engineering and Inspection Services Consultant's inspectors shall observe regular construction and testing activities related to the Program as directed by the Project Manager, including rehabilitation work. Construction/testing reports and pictures of construction will be prepared daily in the field with approved electronic devices (Laptop PC or tablets) on the day the construction activity takes place by the Construction inspector. All construction documentation will be provided no later than 7 PM of the day work took place via electronic E-mail to the project manager and designated recipients. A hard copy will be kept in the Consultant's project file. Travel time to or from the work site will not be compensated . Additional hours outside of the normal work day are to be compensated for at the standard hourly rate as included in the contract schedule. Once a project begins, all changes to staffing are to be approved by Collier County. Changes to personnel will not result in additional compensation to acclimate staff to the project. All staff will be required to undergo a County background check and maintain a County identification badge during the contract period at the firm's expense. Consultant's inspectors and their alternates should be certified for Class II Asbestos Work (8 hour OSHA course) and keep the certification current thru the entire construction project. The CEI services will include the following tasks: Task 1.0 -Construction Observation and Documentation Task 2.0 -Construction Inspector and Project Oversight Task 3.0 -Additional Services Task 1.0 -Construction Observation and Documentation The Consultant's construction inspector (or activity observer) will provide the services outlined below . 1.1 -Construction/Testing Observation -The construction inspector will conduct on-site observations and inspections of all construction/testing activities on the Project on a full or part time basis unless directed otherwise by the project manager to ensure that all work is completed in accordance with the Contract Documents . The Construction Inspector will inform the project manager and the on-site superintendent of the construction/testing contractor of any concerns related to conformance of the work with the Contract Documents (a concern or an Issue) as an attempt to resolve any concern or issue on-site. If the concern or issue is not immediately resolved in the field, the Construction Inspector shall inform the Engineer of Record (EOR) and the project manager in writing about the concern or issue within eight (8) business hours , but not more than one (1) business day after the discovery of any concern or issue. The EOR will be responsible for investigating the concern or issue and resolving the same through a written A-1 16.C.2.d Packet Pg. 1628 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) directive to the construction contractor and so inform the project manager and the Construction Inspector in writing . This protocol will be initiated any time the Construction Inspector becomes aware of any construction that is unsatisfactory , faulty or defective , does not conform to the Contract Documents , does not meet the requirements of any inspections , tests or approval required to be made , or has been damaged before final payment. The Construction Inspector will maintain a separate Issue Resolution Log documenting any issue or concern that is conveyed in writing to the EOR , including the written directive resolving the issue or concern . 1.2 -Log and Construction Documentation -The construction inspector will prepare a daily log with pictures recording activities and details related to the work on a form approved in advance by the project manager. Information will be recorded in the log when at the Project Site. Log entries will record all relevant aspects of the construction observed while on site including , but not limited to : construction crew (labor) details , equipment used , materials used , compliance testing and inspection performed, weather, temperature, site conditions , trench conditions , backfill material used, dewatering methods , compaction methods, location of the work, and all other details related to the Work. The log will reference the digital photographs and or video taken with appropriate file names and file locations . In addition to the construction details , the daily log will contain information related to: time and hours on the job site, weather conditions , data pertaining to questions of quantities of materials used, extras or deductions , list of visiting officials and representatives of manufacturers , fabricators , suppliers and distributors , observations in general and specific observations in more detail as in observing test procedures , conformance inspection of materials and fittings , name plate data for equipment and material installed , customer service field log , and other information requested by the project manager. Logs, photograph files and other construction documentation will be provided to the project manager by the Construct ion inspector on a daily basis in an electronic file via E-mail, on a d igital CD only if requested by the project manager and a printed copy to be maintained on the project site in the inspector's trailer . All daily reports shall be prepared in the field. 1.3 -Photographic and V ideo Record -The Construction inspector w ill provide a comprehensive digital photographic record of all construction activities related to the Project. The digital file names will be referenced in the log along with a brief description of the photograph , the date and time of the photograph and the name of the photographer. The digital files will be transferred via E-mail to the project manager on a daily basis, to a digital CD if requested by the project manager, and submitted on a daily basis along with the construction documentation . The photographs may be electronic sent via E-mail to the project manager on a daily basis. If requested by the project manager, p ictures will be printed in high resolution color , two captioned photos per 8 %" x 11 " sheet, printed one side only. The prints if requested will be provided to the project manager when needed. If requested by the project manager, video will be provided in digital format on DVD bi-weekly . 1.4 -General Coordination -The Construction inspector will coordinate all act ivities related to the Project between the construction contractor, the EOR and the project manager. The Construction inspector will oversee substantial and final completion inspections, and prepare and maintain the punch list , including follow-up inspections to ensure that punch list items are corrected and/or completed . Coordination may also include, at the project manager's direction , coordination with the County Utilities Department for testing and construction of required connections to existing facilities . The Construction Inspector w i ll also coordinate , as directed by the project manager, with residents, business owners, and the general public. The County reserves the right to remove any Construction Inspectors from a project at any time for failure to adhere to County policies and procedures . A-2 16.C.2.d Packet Pg. 1629 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) 1.5 -Observe Regulatory Agency Inspections -The Construction Inspector will accompany visiting inspectors representing any regulatory agencies having jurisdiction over the Project and will record all discussions and the outcome of these regulatory inspections in the logs. The Construction Inspector will always notify the project manager prior to any such inspections. 1.6 -Construction Progress Meetings -The Construction Inspector will coordinate bi-weekly progress meetings chaired by the project manager, attended by the construction contractor to review project status and identify issues that may affect the Project. The Construction Inspector will prepare a DRAFT Agenda at least two (2) business days in advance of the each meeting and issue written meeting notes identifying a summary of the discussion, conclusions and any risks that have been encountered or are expected within two (2) days after the meeting to the project manager, EOR, and the construction contractor. 1. 7 -Substantial Completion Inspections -The Construction Inspector will conduct substantial completion inspections when requested by the construction contractor and the EOR recommends that the work is sufficiently complete to warrant a substantial completion inspection. During the substantial completion inspection the Construction inspector will prepare a punch list of items requiring completion or correction to the satisfaction of the EOR and the project manager. The Construction Inspector will be responsible for maintaining the punch-list and issuing updates to the punch-list on a weekly basis . The Construction inspector will coordinate and participate in the final walk-through to ensure that the punch-list items are completed to the satisfaction of the EOR and the project manager. All services related to the Substant ial Completion Inspection shall be provided in writing and pictures to the project manager for the Project. 1.8 -Final Completion Inspection -Upon the request of the construction contractor and concurrence of the EOR and the project manager, the Construction Inspector will conduct final inspections of portions of the project , as they are finished to determine if construction has been completed in accordance with the Contract Documents and the construction contractor has fulfilled all obligations therein . Based on the results of the final inspection , the EOR, project manager, and the Construction inspector will judge the work complete or not complete. If the work is judged complete, the Construction Inspector will issue a "notice of final acceptance and recommendation for final payment". If the work is judged not complete, the Construction inspector will issue written instructions to the construction contractor identifying the work judged not complete. Upon provision of the construction contractor evidence or assurance that the deficiencies noted above have been corrected or completed, a second final inspection will be scheduled to verify that the outstanding issues have been resolved and the Construction inspector can issue a "notice of final acceptance and recommendation for final payment ". All services related to the Final Completion Inspection shall be provided to the project manager of the Project. 1.9 -Final Construction Certification -Upon issuance of a "notice of final acceptance and recommendation for final payment" the Construction inspector will provide a signed and sealed certification by a professional engineer of the EOR in responsible charge of the work provided by the Construction inspectors stating that the "Project has been completed by the construction contractor in accordance with the Plans and Specifications of the Contract Documents as amended by the Engineer of Record ". All services related to the Final Construction Certification shall be provided to the project manager of the Project. A-3 16.C.2.d Packet Pg. 1630 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) 1.10 -Pu~lic Information Web Site -The county may elect the selected consultant to provide weekly proJect update on a project specific web site in order to advise the public of a project's progress and upcoming construction activities. TASK 2.0 -Construction Inspector and Project Oversight 2.1 -General Management and Oversight -The Construction inspector will provide support services customarily related to the construction observation and inspection of similar projects including , but not limited to the following: a . Participate in a pre-construction meeting with the project manager, EOR, and the general contractor. b . Participate in other meetings as described or implied here in. c. Review and verify correctness of the construction contractor's monthly applications for payment and accompanying data and recommend approval of payments due to the construction contractor. The Construction inspector's recommendation of any payment requested in an application for payment shall constitute a representation by the Construction inspector to the project manager as an experienced and qualified professional , that based on Construction inspector's onsite observations and inspections of construction in progress , that the construction quantities in the applications for payment accurately reflect the progress of the work and that the work is constructed in accordance with the Contract Documents. The Construction inspector will process pay requests in accordance with the Florida Prompt Payment Act. All incoming pay requests processed by the Construction inspector shall be mechanically stamped with the date received . d . The Construction i nspector will review the monthly updates to the construction schedule prepared by the construction contractor and provide written comments to the project manager and EOR. e. The Construction inspector will provide such field testing and verification that all materials , equipment and supplies installed or utilized on the Project are in full accordance with the Contract Documents and approved Shop Drawings provided by the EOR. f . Within one week after the construction contractor notifies the EOR and the project manager that the Work on the Project is substantially complete in accordance with the Contract Documents , the Construction inspector will provide a signed and sealed certification by a professional engineer registered in the State of Florida , that the Work was done under his supervision and performed in accordance with the Contract Documents, including all approved shop drawings and change orders except as noted . 2 .2 -Coordination of Shop Drawings , Contract Interpretations and Clarifications -The Construction inspector will coordinate with the design engineer (EOR) regarding the issuance of interpretations and clar ifications of Contract Documents during construction. The Design Engineer (EOR) shall be responsible for technical review and decisions regarding interpretation and clarification of Contract Documents. The Construction inspector shall coordinate the Design Engineer's (EOR) decisions and responses with the construction contractor . A-4 16.C.2.d Packet Pg. 1631 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) 2.3 -Monitor Project Records -The Construction inspector shall monitor all required Project records , including but not limited to delivery schedules, inventories and construction reports. 2.4 -As Constructed Field Drawings -The Construction inspector shall maintain red pencil "mark-up " notations and sketches on full size construction plans that reflect the actual details of constructed facilities. These Constructed Field Drawings will be used by the Construction inspector to validate the "As Built" documentation provided by the construction contractor. The Construction inspector will notify the project manager, EOR and the construction contractor of any differences in the documents maintained by the general contractor and the Construction inspector on a weekly basis for resolution by the EOR. 2 .5 -Start-up and Re-commissioning Support -The Construction inspector will assist the project manager, the EOR , and the construction contractor during start-up of each segment designated for Beneficial Use by the EOR and project manager, including but not limited to signing off on regulatory permits and general coordination between the EOR, project manager, and construction contractor. 2 .6 Asset Management Information -Provide asset management information of the constructed infrastructure in a format specified by Collier County . Task 3.0 -Additional Services 3.1 -Additional Services (only as authorized in writing) -In accordance with the contract or purchase order , in the event that other services may arise during the course of the work , but were not envisioned as part of the original or amended scope of work ; Engineer shall submit a proposal to perform Additional Services prior to the performance of the work. The proposal shall include the specific services to be performed , time to complete , compensation , and an explanation as to why the services were not previously envisioned as part of the scope of work . The proposed Additional Services must be approved by the project manager in writing in advance of performance of said Additional Services. Failure to notify the project manager in writing of Additional Services shall be deemed a waiver of any claim by the Engineer that such services were Additional Services . Written authorization from the project manager will be required for any charges that exceed the predetermined upper limit. A-5 16.C.2.d Packet Pg. 1632 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) Contract# 14-6345 "Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs" [MPS 305 Basin] SCHEDULE B BASIS OF COMPENSATION TIME AND MATERIAL 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSUL TANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then-authorized Additional Services , as of the last day of the subject monthly billing cycle . Among other things, the report shall show all Service items and the percentage complete of each item. B 1 .1.1 All monthly status reports and invoices shall be mailed to the attention of Corinne Trtan, 3339 East Tamiami Trail, Suite 303, Naples, FL 34112, (239) 252-4233. 2 . COMPENSATION TO CONSUL TANT B.2 .1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSUL TANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below . Provided, however, all in accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B. B.2 .3. With each monthly Application for Payment, CONSUL TANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. B.2.4 . For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSUL TANT a negotiated total fee and Reimbursable Expenses based on the services to be provided . The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section 3 .5 .1 below . There shall be no overtime pay on Basic Services or Additional Services without OWNER'S prior written approval. B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed B-1 ,,, .... --. .. I 16.C.2.d Packet Pg. 1633 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) under the prov1s1ons of this Agreement , and shall include the cost of all materials • I equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in this Agreement to the contrary, CONSUL TANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSUL TANT shall continue to perform the Services required of it under this Agreement , as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSUL TANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. CONSUL TANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and Reimbursable Expenses earned that month for both Basic Services and Additional Services . Invoices shall be reasonably substantiated , identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "!aches" as untimely submitted . Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 8.3 .2 . Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSUL TANT for correction . Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and the Project name and shall not be submitted more than one time monthly. B.3 .3. Notwithstanding anything herein to the contrary , in no event may CONSULTANT'S monthly billings , on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner has determined CONSUL TANT has completed such task as of that particular monthly billing . 8 .3 .4 . Payments for Additional Services of CONSUL TANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3 .5. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSUL TANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services , CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B-2 .,,,,. ..... 16.C.2.d Packet Pg. 1634 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) B.3 .5.1 Reimbursable Expenses associated with Additional Services must comply with section 112 .061 , Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSUL TANT, and shall consist only of the following items: B.3 .5.1.1. Cost for reproducing documents that exceed the number of documents described in th is Agreement and postage and handling of Drawings and Specifications . B.3.5 .1.2 . Travel expenses reasonably and necessarily incurred with respect to Project related trips , to the extent such trips are approved by OWNER. Such expenses , if approved by OWNER , may include coach airfare , standard accommodations and meals , all in accordance with section 112 .061 , F.S. Further , such expenses , if approved by OWNER , may include mileage for trips that are from/to destinations outside of Collier or Lee Counties . Such trips within Collier and Lee Counties are expressly excluded . B.3 .5.1.3 . Permit Fees required by the Project. B.3 .5.1.4 . Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER . B.3 .5.1.5 . Expense of models for the County 's use . B.3.4.1 .6. Other items on request and approved in writing by the OWNER. B-3 16.C.2.d Packet Pg. 1635 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) Contract# 14-6345 "Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs" [MPS 305 Basin] SCHEDULE B Attachment I Title Standard Hourly Rate Principal $ 213.00 Senior Project Manaqer $ 178.00 Project Manaqer $ 152 .00 Senior Enqineer $ 162.00 Enqineer $ 127.00 Senior Inspector $ 100.00 Inspector $ 78 .00 Senior Planner $ 143.00 Planner $ 113.00 Senior Desiqner $ 117.00 Desiqner $ 97 .00 Environmental Specialist $ 112.00 Senior Environmental Specialist $ 138.00 Scientist/Geoloqist $ 96.00 Senior Scientist/Geoloq ist $ 122 .00 Marine Bioloqist/Hydroqeoloqist $ 113 .00 Senior Marine Bioloqist/Hvdroqeoloqis $ 142.00 Senior GIS Specialist $ 143.00 GIS Specialist $ 105.00 Clerical/Administrative $ 64 .00 Senior Technician $ 88.00 Technician $ 74.00 Survevor and Mapper $ 124.00 CADD Technician $ 83.00 Survey Crew -2 man $ 134.00 Survey Crew -3 man $ 166.00 Survey Crew -4 man $ 195.00 Senior Architect $ 159.00 Architect $ 125.00 This list is not intended to be all inclusive . Hourly rate fees for other categories of professional , support and other services shall be mutually negotiated by the County and the firm as needed for the Project. END OF SCHEDULE B. B-4 l(~:-o·~ ' ' I 16.C.2.d Packet Pg. 1636 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) Contract# 14-6345 "Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs" [MPS 305 BASIN] SCHEDULED INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSUL TANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSUL TANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSUL TANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSUL TANT from its insurer, and nothing contained herein D-1 § 16.C.2.d Packet Pg. 1637 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) shall relieve CONSUL TANT of this requirement to provide notice . In the event of a reduction in the aggregate limit of any policy to be provided by CONSUL TANT hereunder, CONSUL TANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSUL TANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSUL TANT shall require each of its subconsultants to procure and maintain , until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not ma i ntain the insurance coverages required herein , the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSUL TANT for such coverages purchased . If CONSUL TANT fails to reimburse OWNER for such costs within thirty (30) days after demand , OWNER has the right to offset these costs from any amount due CONSUL TANT under this Agreement or any other agreement between OWNER and CONSUL TANT. The OWNER shall be under no obligation to purchase such insurance , nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial , or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement , the CONSUL TANT shall furnish to the OWNER , in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of D-2 16.C.2.d Packet Pg. 1638 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSUL TANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? _X_ Yes __ No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSUL TANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation -Florida Statutory Requirements b. Employers' Liability (check one , if applicable) X --$500,000 Each Accident $500 ,000 Disease Aggregate $100 ,000 Disease Each Employee $1 ,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed . (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. __ Applicable _x_ Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work . __ Applicable _X_ Not Applicable D-3 16.C.2.d Packet Pg. 1639 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No ---- (1) Commercial General Liability Insurance, written on an "occurrence" basis , shall be maintained by the CONSUL TANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following : __ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage __ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage _X_General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $300 ,000 $300,000 $300,000 $50,000 $500,000 $500,000 $500,000 $500,000 $50,000 $2,000,000 $2,000,000 $2,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects D-4 16.C.2.d Packet Pg. 1640 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) away from premises owned by or rented to you ." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSUL TANT. Deductibles or self-insured retentions carried by the CONSUL TANT shall be subject to the approval of the Risk Management Director or his/her designee . (3) The OWNER, Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims . (5) Watercraft Liability coverage shall be carried by the CONSUL TANT or the SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. __ Applicable _X __ Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSUL TANT or the SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. __ Applicable _X_ Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than : D-5 16.C.2.d Packet Pg. 1641 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) __ Bodily Injury & Property Damage -$ 500 ,000 _X_ Bodily Injury & Property Damage -$1 ,000 ,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSUL TANT and , if so, such policy shall be excess of the Employers' Liability , Commercial General Liability , and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis . (2) The policy shall contain wording to the effect that , in the event of the exhaustion of any underlying limit due to the payment of claims , the Umbrella policy will "drop down" to apply as primary insurance . PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSUL TANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: __ $ 500,000 each claim and in the aggregate X $1,000,000 each claim and in the aggregate $2 ,000 ,000 each claim and in the aggregate $5 ,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSUL TANT. Deductible amounts are subject to the approval of the OWNER. D-6 16.C.2.d Packet Pg. 1642 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) (3) The CONSUL TANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroact ive date will always be prior to the date services were first performed by CONSUL TANT or OWNER , and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSUL TANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits , other than the application of the aggregate limits provision. In addition, CONSUL TANT shall also notify OWNER by certified mail, within twenty- four (24) hours after receipt , of any notices of expiration , cancellation , non-renewal or material change in coverages or limits received by CONSUL TANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy , CONSUL TANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy . CONSUL TANT shall promptly submit a certified , true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans , specifications , drawings , reports , maps, books, blueprints , and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records uti lized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased , then CONSUL TANT agrees to use its best efforts in cooperation with OWNER and OWNER 'S insurance representative , to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSUL TANT agrees to pursue the max imum credit available on the next D-7 16~-~ \.:Y 16.C.2.d Packet Pg. 1643 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) renewal policy , if a renewal occurs during the term of the project policy (and on any subsequent profess ional liability policies that renew during the term of the project policy). CONSUL TANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER , OWNER and CONSUL TANT , agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSUL TANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews . b . Current policy limits . c. Current deductibles/self-insured retention. d . Current underwriter. e . Amount (in both dollars and percent) the underwriter will give as a credit if the pol icy is replaced by an individual project policy. f . Cost of professional insurance as a percent of revenue. g . Affirmation that the design firm will complete a timely project errors and omissions application . (3) If OWNER elects to purchase a project professional liability policy , CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance , naming CONSUL TANT and its professional subconsultants as named insureds. END OF SCHEDULE D D-8 16.C.2.d Packet Pg. 1644 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) Contract# 14-6345 "Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs" [MPS 305 BASIN] SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act , Section 287 .055 , Florida Statutes, AECOM Technical Services, Inc. hereby certifies that wages , rates and other factual unit costs supporting the compensation for the services of the CONSUL TANT to be provided under the Professional Services Agreement, concerning Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Program [MPS 305 Basin] are accurate , complete and current as of the time of contracting. AECOM Technical Services , Inc. ~//J I/~, BY : \.::)\.~ _ ___;;=-------------- TITLE : -~..:......;_'{'\_(\_C,-+-\fl___,("""--'C/\=-~--j.U'\~---'e -~\[' __ DATE : __ 7_._'k_t-+-/_~____;.\5 ___ _ I E-1 16.C.2.d Packet Pg. 1645 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) Contract# 14-6345 "Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs" [MPS 305 BASIN] SCHEDULE F KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS Additional subconsultants and subcontractors may be added to this Agreement as needed for the project requirements in accordance with Schedule B. Title Ronald Cavalieri Richard Ulkus Dawn Jakiela Fred Sexton Personnel Category Principal-in-Charge CEI Manager Program Manager Construction Supervisor F-1 16.C.2.d Packet Pg. 1646 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 08/04/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME : Marsh Risk & Insurance Services PHONE I rt~ Nol: CA License #0437153 11\lt"" ....... c ... ,. 777 South Fig ueroa Street E-MAIL Los Angeles, CA 90017 ADDRESS : Attn : LosAngeles.CertRequest@Marsh .Com INSURER(Sl AFFORDING COVERAGE NAIC # 06510-AECOM-15-16 FortM GLALP 1time INSURER A : Zurich American Insura nce Company 16535 INSURED AECOM INSURER B : N/A NIA AECOM Technical Services , Inc. INSURER c : Illinois Union Insurance Co 27960 4415 Metro Parkway , Suite 404 INSURER D : Fort Myers, FL 33916 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER· LOS-001882477-02 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR 1,.,~n l un,n POLICY NUMBER IMM/DD/YYYYI i IMM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY GL O 5965891 07 04/01 /2015 04/01 /2016 EACH OCCURRENCE $ 1,000 ,000 ~ D CLAIMS-MAD E 0 OCCUR ~~~j~H9E~~~,;1ence\ $ 1,000 ,000 ~ MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY ~ $ 2,000 ,000 GEN'L AGGR EGATE LIMIT APPLIES PER : GENERAL AGGREGATE $ 2,000,000 p=i D PRO-DLoc PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTH ER: $ A AUTOMOBILE LIABILITY BAP 5965893 07 04 /01 /2015 04/01 /2016 COMBINED SINGLE LIMIT $ 1,000 ,000 ~ /Ea accident) X ANY AUTO BODILY INJURY (Per person) $ ~ -ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ ~ AUTOS ~ AUTOS NON-OWNED PROPERTY DAMAGE $ ~ HIRED AUTOS ~ AUTOS /Per accident) $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFF ICER /MEMBER EXCLUDED? N/A (Mandatory In NH) E.L . DISEASE -EA EMPLOYEE $ ~m:~ftf~~ ()~OPERATIONS below E.L. DISEASE -POLICY LIMIT $ C ARCHITECTS & ENG. EON 821654693 10/08/2014 04/01 /2016 Per Claim /Agg $1 ,000 ,000 PROFESSIONAL LIAB . ""CLAIMS MADE"" Defense Included DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re : AECOM Project No . 04151624.0001 ; Contract# 14-6345 "Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs (MPS 305 Basin)"; Collier County Board of County Commissioners is named as additional insured for GL coverage , but only as respects work performed by or on behalf of the named insured. CERTIFICATE HOLDER CANCELLATION Collier Cou nty SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Administrative Services Dept. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attention : Swain son Hall-Procurement Strategist ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trai l East Naples , FL 34112-4901 AUTHORIZED REPRESENTATIVE of Marsh Risk & Insurance Services I David Denihan 4J?,,,,rA,t?~~--- © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 16.C.2.d Packet Pg. 1647 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) AECOM and Its Subsidiaries GLO 5965891-07 Eff 04/01/2015 POLICY NUMBER :. GLO 5965891-07 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Only those where required by contract . Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Wio Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part , by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations ; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement , the insurance afforded to such additional i nsured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. VVith respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance : 1. Required by the contract or agreement ; or 2. Available under the applicable Limits of Insurance shown in the Declarations ; whichever is less . This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc ., 2012 Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormsT"' 16.C.2.d Packet Pg. 1648 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 1/1/2016 7/21 /2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy , certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Insurance Brokers, LLC CONTACT NAME: 19800 MacArthur Bl vd., Suite 1250 PHONE I rt~ Nol: IA/C No CvH• CA License #OFI 5767 E-MAIL Irvine 92612 ADDRESS: 949-252-4400 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : Insurance Comoanv of the State of PA 19429 INSURED AEC OM INSURER B : 1075642 AE C OM Technical Services, Inc . INSURER C : 4415 Metro Parkway, Suite 404 INSURER D: Fort Myers FL 33916 INSURERE : INSURER F : COVERAGES AECTEO I CERTIFICATE NUMBER· 13585148 REVISION NUMBER· xxxxxxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANC E LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE I ,.,.,n '"n,n POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl COMMERCIAL GENERAL LIABILITY NOT APPLI CA B LE EACH OCCU RRE NC E $ xxxxxxx 1--D CLAIMS-M ADE D OCCU R 0 1'MAc,E TO RE NTED PREMISES rEa occurrence \ $ xxxxxxx 1-- 1--MED EXP (A ny one person) $ xxxxxxx 1-- PERSONAL & A DV INJ URY $ xxxxxxx GEN'L AGGRE GAT E LI MIT A PP LI ES PER : GENER AL AGGREG ATE $ xxxxxxx R D PRO-D PRODUCTS -COMP/OP AGG $ xxxxxxx PO LI CY JECT LOC OTHER: $ AUTOMOBILE LIABILITY NOT A PPLI CA BLE CO MBINED SING LE LI MIT $ xxxxxxx /Ea accident! ,__ A NY AUTO BODILY INJUR Y (Per person) $ xxxxxxx ,__ A LL OWN ED -SCHEDULED BODILY INJU RY (Per accident) $ xxxxxxx ,__ AUTOS ,__ AUTOS NO N-OWN ED PROPERTY DA MAGE $ xxxxxxx ,__ HIRED AUTOS ,__ AUTOS I Per accidenll $ xxxxxxx UMBRELLA LJAB H OCCUR NOT APPLI C ABLE EAC H OCCURREN CE $ xxxxxxx ,__ EXCESS LIAB CLAI MS-MADE AGG REG ATE $ xxxxxxx OED I I RETENTION$ $ xxxxxxx WORKERS COMPENSATION N X I ~~%UT E I I OTH- A SEE ATTAC H ED AC ORD IO I 1/1 /20 15 1/1 /20 16 ER AND EMPLOYERS' LI ABILITY Y/N ANY PR OPRIETOR/PA RTNER/EXECU TI VE 0 E.L. EAC H ACCI DENT $ 2 000 000 OFF IC ER/MEMBER EXC LUDE D? NIA (Mandatory in NH) E L DI SEAS E -EA EMPLOY EE $ 2 000 000 ~l i~~(ti ~~ on/O PE RA TIONS be low E.L. DISEA SE -PO LI CY LIMI T s 2 000 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101 , Additional Remarks Schedule, may be attached if more space is required) N ot ice of Cancell atio n ap plie s per attac hed endorse ment. Co ntract# 14-634 5 "Constructi on Eng ineerin g and Inspe cti on (CEI ) Serv ices fo r t he Was tewater Basin Pro gram s (MPS 305 Bas in )" CERTIFICATE HOLDER 13585148 Collier County Craig Pajer, P.E . 3339 Tamiami Trail East Suite 303 Naples , FL 34112 ACORD 25 (2014/01 ) CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . AUTHORIZED REPR All rights reserved. The ACORD name and logo are registered marks of ACORD 16.C.2.d Packet Pg. 1649 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) Insurer A : The Insurance Company of the State of Pennsylvania The Workers' Compensation coverage shown does not apply in monopolistic states . In the State of ND , OH , WA, and WY Workers' Compensation coverage is provided by the State Fund. In those States , the above reference policies provide Stop-Gap Employers' Liability only. Workers' Compensation policies apply as indicated below: AECOM WC 028328280 -CA WC 028328281 -FL WC 028328282-MA ,ND ,OH ,WA,Wl ,WY WC 028328283 -ME WC 028328284 -AK.AZ .V A WC 028328285 -IL ,KY ,NC ,NH ,UT ,VT WC 028328286 -NJ , PA WC 028328287 -AL,AR ,CO ,CT,OC ,OE ,GA,Hl ,IA ,10 ,IN ,KS ,LA ,MD ,Ml ,MN ,MO ,MS ,MT ,NE ,NM ,NV ,NY ,OK,OR ,Rl ,SC ,SD ,TN ,TX,WV URS Corporation WC 028328288 -CA WC 028328289 -FL WC 028328290-MA ,ND ,OH ,WA,Wl ,WY WC 028328291 -AL,AR ,CO ,CT,OC ,OE ,GA,Hl ,IA ,10 ,IN ,KS ,LA ,MD ,Ml ,MN ,MO ,MS ,MT ,NE ,NM ,NV ,NY ,OK,OR ,Rl ,SC ,SO ,TN ,TX ,WV WC 028328292 -IL ,KY ,NC ,NH ,UT,VT WC 028328293 -NJ.PA WC 028328294 -AK,AZ ,V A WC 028328295 -ME ACORD 101 Miscellaneous Attachment: M503 712 Master ID : 1075642, Certificate ID: 13585148 16.C.2.d Packet Pg. 1650 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below . (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12 :01 AM 1/1/2015 forms a part of Policy No . SEE ATTACHED ACORD 101 Issued to AECOM AECOM Technical Services , Inc. By The Insurance Company of the State of Pennsylvania LIMITED ADVICE OF CANCELLATION TO SCHEDULED ENTITIES (WORKERS' COMPENSATION ONLY) This policy is amended as follows : In the event that the Insurer cancels this policy for any reason other than non-payment of premium , and 1. the cancellation effective date is prior to this policy's expiration date ; 2 . the Named Insured or, if applicable , any other employers named in Item 1 of the Information Page is under an ex isting contractual obligation to notify a certificate holder(s) when this policy is canceled (hereinafter, the "Certificate Ho lder(s)") and the Named Insured has provided the Insurer, either directly or through its broker of record , either: (a ) the name of the entity shown on the certificate , a contact name at such entity and the U.S. Postal Service mailing address of each such entity ; or (b) the ema il address of a contact at each such entity ; and 3 . prior to the effective date of cancellation , the Named Insured confirms to the Insurer, either directly or through its broker of record , that the persons or organizations set forth in the Schedule below , as well as their respective addresses listed , should continue to be a part of the Schedule and , if not, the names of the persons or organizations that should be deleted , the Insurer w ill provide advice of cancellation (the "Advice") to each such Certificate Holder(s) confirmed by the Named Insured in writing to be correctly a part of the Schedule with in 30 days after the Named Insured confirms the accuracy of the Schedule below with the Insurer; provided , however, that if a specific number of days is not stated above , then the Advice will be provided to such Certificate Holder(s ) as soon as reasonably practicable after the Named Insured confirms the accuracy of the Schedule below with the Insurer. Proof of the Insurer emailing the Advice , using the information provided and subsequently confirmed by the Named Insured in writing , will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way , coverage provided under this pol icy or the cancel lation of this pol icy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy . The fo ll owing definitions apply to this endorsement: 1. Named Insured means the first named employer in Item 1 of the Information Page of this policy . 2 . Insurer means the insurance company shown in the header on the Information Page of this policy. WC 99 00 58 (Ed. 04/11) Attac hm ent Code: D46 I 827 Maste r ID : I 075642 , Certifi cate ID : 13585148 16.C.2.d Packet Pg. 1651 Attachment: Attachment 4 AECOM Contract 14-6345 (10180 : CEI Services Western Interconnect Phase-2) CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Metro Equipment Service, Inc. ("Contractor") of 9425 SW 72 Street, Ste 150, Miami, FL 33173, a Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Western Interconnect Force Main, Invitation to Bid No. 19- 7568 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Hole Montes, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Three Million, Two Hundred Ninety-Three Thousand and Twenty Dollars ($3,293,020.00) Section 4. Bonds. A. If applicable, the Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit 8-1 and 8-2, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. 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 meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less 1 Construction Services Agreement: Revised 072118 than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within Two Hundred Seventy (270) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within Thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One Thousand Five Hundred Eighty-Four ($1,584.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday 2 Construction Services Agreement: Revised 072118 or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed upon, attached hereto and made a part of this Agreement for Solicitation 19-7568 Western Interconnect Force Main. Exhibit A-1: Exhibit A-2: Exhibit A-3: Exhibit B-1: Exhibit B-2: Exhibit B-3: Exhibit C: Exhibit D: Exhibit E: Contractor's Bid Schedule Contractor's Bid Submittal Forms and Addendums Contractor's List of Key Personnel Payment Bond Forms D Not Applicable Performance Bond Forms D Not Applicable Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form 3 Construction Services Agreement: Revised 072118 Exhibit F: Exhibit G: Exhibit H: Exhibit I: Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions D Applicable [gj Not Applicable The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 19-7568 Western Interconnect Force Main. The complete contract documents, including Addendum with attachments, are available on the County's on-line bidding system: https://www.bidsync.com/bidsync-cas/, which the parties agree comprise the final integrated agreement executed by the parties. Sections corresponding to any checked box ( ~ ) expressly apply to the terms of this Agreement and are available through the County's on-line bidding. [gjExhibit J: 0Exhibit K: 0Exhibit L: [gjExhibit M: Technical Specifications Permits Standard Details Plans and Specifications prepared by Hole Montes, Inc. Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Collier County Boa rd of County Commissioners, FL c/o Public Utilities Engineering & Project Management Division 10500 Goodlette Road Naples, Florida 341 09 Attn: Peter Schalt, Senior Project Manager Phone: (239) 252-5343 Email: Peter.Schalt@colliercountyfl.gov B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Metro Equipment Service, Inc. 9425 SW 72nd Street, Ste 150 Miami, Florida 33173 Attn: Jorge L. Godoy, President Phone: (305) 7 40-3303 Email: Jfonte@mesinc.us C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. 4 Construction Services Agreement: Revised 072118 Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to 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 any public entity in excess of the threshold amount provided ins. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 5 Construction Services Agreement: Revised 072118 Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's procurement ordinance and policies and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. **** 6 Construction Services Agreement: Revised 072118 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. ~~1 ?ifE~ H,o S £.iu'Lv'1u Print Name Date: _G:.,~/_1_z.. ........ /_t ~--=---- ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller BY: ___________ _ Approved as to Form and Legality; Assistant County Attorney Print Name CONTRACTOR: Metro Equipment Service, Inc. OWNER: BOARD OF GOU NTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: William L. McDaniel Jr. Date Chairman 7 ~ Construction Services Agreement: Revised 072118 ci\o EXHIBIT A-1: CONTRACTOR'S BID SCHEDULE (FOLLOWING THIS PAGE) 8 Construction Services Agreement: Revised 072118 COLLIER COUNlY WATER SEWER DISTRICT WESTERN FORCE MAIN INTERCONNECT PROJECT COUNlY BID N0.19-7568 UPDATED 4/1/19 Bid Item 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Description Mobilization/Demobilization Stormwater Pollution Prevention Maintenance of Traffic Preconstruction Video Record Survey/Record Drawings Project Signs Ductile Iron Pipe 24" PVC Pipe 8" PVC Pipe 10" PVC Pipe 12" PVC Pipe 24" HDPE Pipe 4" (Open Cut) HDPE Pipe 8" (Open Cut) HDPE Pipe 10" (Open Cut) HDPE Pipe 12" (Open Cut) HDPE Pipe 24" (Open Cut) Plug Valve 8" Plug Valve 10" Plug Valve 12" Plug Valve 24" Air Release Valve 3" w/Enclosure Air Release Valve 2" w/Enclosure Deflection 24" HDPE Horizontal Directional Drill -Grey Oaks Drive Horizontal Directional Drill -Station 247+50 (Ditch Crossing) Open Cut Pipe Installation -Station 247+50 (Ditch Crossing) Wyndemere Drive Force Main Crossing Final Connection -Station 166 Final Connection -Station 247 (Detail 2) Final Connection -Station 247 (Detail 3) Existing 8" FM Abandonment Modification/Capping 12" IQ Main Pump Station 110.00 Rehabilitation Allowance Fund for Temporary Shutdown/Pumper Truck Allowance: Compensation for unforeseen conditions will be made at the appropriate contrct price based on lump sum, unit price or time and materials depending upon the nature of the work. (10% of the subtotal of Items 1-33, inclusive) NOTE: All excavation to be unclassified. No extra payment shall be made for rock, muck, unsuitable material or dewatering. C:\U1,C,.,.\JF<lntl!\Desktop\4·2l·2019 Collier Co-WC?S!em !nterconncct FM\l9-7S68_81d_Sd,cdule_llcv~ed Units LS LS LS LS LS EA LF LF LF LF LF LF LF LF LF LF EA EA EA EA EA EA EA LS LS LS LS LS LS LS LS LS LS - - Bid Quantity Unit Price Extended Price 1 $ 160,000.00 $160,000 1 $ 4,000.00 $4,000 1 $ 15,000.00 $15,000 1 $ 1,000.00 $1,000 1 $ 25,000.00 $25,000 2 $ 1,000.00 $2,000 20 $ 150.00 $3,000 20 $ SO.OD $1,000 20 $ 60.00 $1,200 20 $ 80.00 $1,600 40 $ 100.00 $4,000 30 $ 30.00 $900 so $ SO.DO $2,500 100 $ 60.00 $6,000 400 $ 70.00 $28,000 8,000 $ 195.00 $1,560,000 1 $ 3,000.00 $3,000 1 $ 4,000.00 $4,000 1 $ 6,000.00 $6,000 13 $ 30,000.00 $390,000 4 $ 9,000.00 $36,000 1 $ 8,000.00 $8,000 2 $ 5,000.00 $10,000 1 $ 197,000.00 $197,000 1 $ 30,000.00 $30,000 1 $ 25,000.00 $25,000 1 $ 170,000.00 $170,000 1 $ 15,000.00 $15,000 1 $ 30,000.00 $30,000 1 $ 14,000.00 $14,000 1 $ 4,000.00 $4,000 1 $ 1,000.00 $1,000 1 $ 190,000.00 $190,000 T&M $ 50,000.00 $50,000 1 $294,820 TOTAL EXTENDED PRICE $ 3,293,020.00 EXHIBIT A-2: CONTRACTOR'S BID SUBMITTAL FORMS AND ADDENDUM (FOLLOWING THIS PAGE) 9 Construction Services Agreement: Revised 072118 Cofer County ~ Adrninfstrative Services Division Procurement Services Email: Kristofer.lopez@colliercountyfl.gov Telephone: (239)252-8944 Date: Addendum #1 April 4, 2019 From: To: Kristofer Lopez, Procurement Strategist Interested Bidders Subject: Addendum # 1 Solicitation # 19-7568-W estem Interconnect Force Main Project The following clarifications are issued as an addendum: 1. As Reads: Bids shall be reeeived on line by the Bid Date of April 9, 2019@ 3:00 p.m. -Update: Bids shall be received on line by the Bid Date of Tuesday April 23, 2019@ 10:00 a.m. 2. Pre-bid sign in sheet has been attached. If you require additional infonnation, please post a question on our Bid Sync (www.bidsync.com) bidding platfonn under the solicitation for this project. Please sig11-elow and return a copy of this Addendum with your submittal for the above 1·efcrcncc~i 1 >1'.c~taJ<m. tJ / ~ l, J ,/f,. 4/4/2019 (Signat9 I Metrw quipment Service, Inc. (Na1Re of Firm) Date eofNer County ~ Administrative Services Division Procurement Services Email: Kristofer.lopez@colliercountyfl.gov Telephone: (239)252-8944 Date: Addendum #2 April 9, 2019 From: To: Subject: Kristofer Lopez, Procurement Strategist Interested Bidders Addendum# 2 Solicitation #19-7568-Westem Interconnect Force Main Project WESTERN FORCE MAIN INTERCONNECT PROJECT COLLIER COUNTY ADDENDUM NO. 2 PLANS 1. General Pipeline: May be directional drilled at the Contractor's option and County's approval at no additional cost to the County. (The unit price for Open Cut shall be utilized.) The Contractor shall be responsible for the cost of installing ARV sat all high points at no additional cost to the County. The Contractor shall submit a plan to the County and Engineer for review and approval. 2. General Pipeline: The proposed force main shall be installed to uniform grades as shown on the plans. This will require pipe cover greater than 30" in some locations. The 30" cover is the minimum required. 3. Plan Sheets 5 and 6: The proposed 24" HDPE pipe at Station 166 (+/N) shall be installed to match the existing force main grade. The pipe shall then be graded to Station 173(+/-) with a top of pipe of Elevation 6.0. 4. Delete ARV assembly at Station 170+75 (+/-). 5. Plan Sheets 13 and 14: The limits of the horizontal drill at Grey Oaks Drive shall be Station 212+20 to Station 217+62. Compensation shall be lump sum for this item. The proposed ARV s and plug valves shall be paid for under the individual unit prices. 6. Plan Sheet 19: The limits of the horizontal drill at the north end of the project shall be Station 246+68 to Station 249+20. Compensation shall be lump sum for this item. The proposed ARV s and plug valves shall be paid for under the individual unit prices. The 1 O" force main shall be paid for under the unit prices for pipe. The valves and theh connections to the existing 10 11 force main shall be paid for as identified. 7. Plan Sheet 19A: The limits of the 24" open cut at the north end of the project shall be Station 247+ 10 to Station 249+20. Compensation shall be lump sum for this item. The proposed ARVs and plug valves shall be paid for under the individual unit prices. The 10" force main shall be paid for under the unit prices for pipe. The valves and their connections to the existing 10" force main shall be paid for as identified. 8. Plan Sheet 20: Delete the ARV located at Station4+25. (NOTE: This is the same ARV shown on Sheet 21.) 9. Plan Sheets 20 and 21: The limits at payment for the Wyndemere Drive Crossing Unit Price shall be from the 24" main connection eastward to Station 2+00. The crossing unit price shall be lump sum. The 12 11 force main from Station 2+00 to the site (shown on Sheet 27) shall be paid for under the various identified unit prices. 10. Plan Sheet 22: Detail 1 is for capping of the existing 8" force main running from Station 166 (+/-) northward to Station 211 (+/-). The cost for abandonment of the 8 11 force main, including capping the main and restraining the 811 main to the west is part of the 811 force main abandonment lump sum price. 11. Plan Sheets 28 and 29: Item 19, the stainless steel expansion joints (2) in the pump station discharge piping shall be deleted. 12. Plan Sheets 28 and 29: Item 15, the quick coupling unit shall be 4" in size. 13. Plan Sheets 28 and 29: Item 3, the holes in the top slab of the pump station shall be field cored. Contractor shall coordinate with Engineer and County for location of vent/emergency pump out and pump discharge pumping. 14. Plan Sheet 28: Item 13, the access hatch shall be double door hinged on north and south to allow full access at east and west sides. 15. Plan Sheets 28 and 29: Delete reference to Owner supplied plug valves (2), Item 17 Approved. County plug valves shall be supplied and installed by Contractor. 16. Plan Sheet 32: Horizontal Directional Drill (HDD) Under a Roadway -No casing pipe shall be required. 17. Plan Sheet 33: Typical Subaqueous Horizontal Directional Drill (HDD)-No casing pipe shall be required. 18. Plan Sheet 33: Force Main Air Release Detail-An electrofusion branch saddle shall be utilized for the ARV connection on HDPE pipe. The fitting shall be rated for a water pressure of 200 psi. The fitting shall be field located at the high point on the pipe as detem1ined in the field. Appropriate reducers and piping shall be utilized to facilitate the installation. All other portions of the Detail shall apply. Acceptable manufacturers include: Integrity Fusion Products, Inc.; GF Piping Systems and Harrington Corp or other equal. ARVs shall be 3" for 24" pipe and 2" for all other pipe. 19. Bid Schedule: Bid Schedule has been revised 20. Supplemental Requirements: Section 01110 Summary of Work, Paragraph 1.03(B)-Limited Storage of equipment and material shall be stored within the Livingston Road right of way and FPL easement areas. Storage shall be in accordance with County and FPL requirements. 21. Supplemental Requirements: Section 01130 Measurement and Payment 3.0l(A)l-Mobilization/Demobilization shall be limited to 5% of the Total Bid Price." 3.0l(A)l 1-Horizontal Directional Drill-Station 247+50 Revised Paragraph. 11. Horizontal Directional Drill-Station 247+50: Measurement and Payment shall be Lump Sum for the Horizontal Directional Drill at Station 247+50 (Ditch Crossing). Work shall include all labor, materials and equipment as necessary to complete the directional drill. It shall include, but not be limited to, all piping, :fittings and connections. The Contract Drawings show the proposed routing and design. The Contractor may submit, for review and approval, an alternative design for completion of the directional drill as a construction submittal. NOTE: Dependent upon the County acquisition of easement, the Open Cut Price may be used in lieu of this Lum Sum price. 3.0l(A) 12-0pen Cut Pipe Installation -Station 247+50 Revised Paragraph 12. Open Cut Pipe Installation -Station 247+50: Measurement and Payment shall be Lump Sum for the Open Cut Pipe Installation of the force main at Station 247+50 (Ditch Crossing). Work shall include all labor, material and equipment as necessary to complete the open cut installation. It shall include, but not be limited to, all piping, fittings and connections. NOTE: Dependent upon the County acquisition of easement, the Horizontal Direction Drill price may be used in lieu of this Lum Sum price. 3.0l(A)l3-Wyndemere Drive Force Main Crossing Revised Paragraph 13. Wyndemere Drive Force Main Crossing: Measurement and Payment shall be Lump Sum for the 12-inch force main crossing at Livingston Road. This shall include, but not be limited to, all labor, equipment and material in limits of payment identified. It shall include piping, fittings, valves, valve boxes, and all incidentals. The Contractor may submit, for review and approval, an alternate design. 3.01(A)14-Existing 8-inch Force Main Abandonment Revised Paragraph 14. Existing 8-inch Force Main Abandonment: Measurement and Payment shall be Lump Sum for the abandonment of the existing 8-inch force main. Work shall include all labor, material and equipment as necessary for the flushing of the existing force main from south to north through the connection at Station 211 (+/-), capping of the existing force main at the south north ends, protection of all valve boxes, pods, and ARVs on the fore main, retagging of all valves identifying "abandomnent," installation of locator balls, disconnection from the system, any wastewater pumping and disposal, and miscellaneous restoration. 3.0l(A)l6-Final Force Main Connection Station 247(+/-) West Revised Paragraph 16. Final Force Main Connection Station 247(+/-) West: Measurement and Payment shall be Lump Sum for the final connection of the existing 10-inch force main at Station 247(+/-). This shall include all piping and valves and ( on existing 10 11 main) and any wastewater pumping and disposal. The 8" valve on the new main shall be paid for under the individual unit price. This is identified as Detail 2 on Sheet 22 of the Contract Drawings. Please si,rn below and return a copy of this Addendum with your submittal for the above referen~t solieitf •:t'/ , [ • L { 0,, 1,,.,/ 04/09/2019 (Signaly\re) Date /7 MetrdEquipment Service, Inc. (Name of Firm) Date: From: To: Subject: April 10, 2019 Email: Kristofer.lopez@colliercountyfl.gov Telephone: (239)252-8944 Addendum#3 Kristofer Lopez, Procurement Strategist Interested Bidders Addendum# 3 Solicitation #19-7568-Western Interconnect Force Main Project 1. Plan Sheet 33: Force Main Air Release Detail Additional Clarification -A 211 outlet shall be provided on the electrofusion branch saddle. Piping and valving for the 2 11 ARVs shall be 2" in size. For 3 11 ARVs, the piping shall be immediately increased to 3" from the 2" outlet. (Si Date Me o Equipment Service, Inc. (Name of Firm) ~--------~-==~_!0M11-=-!!_l_D RESPONSEFORJY1--_===-~~=---=------. ~=] BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Western Interconnect Force Main BID NO. 19-7568 Full Name ofBidder ____ M ___ e_tr __ o_E_.g-"-u-'-'ip_m_;._e_;_;n_t _:cs_..e..c_rv_;ic..;;.c...;._e,_, .c..;ln-"-c~.----------- Main Business Address 9425 SW 72 St, Ste 150 Miami, FL 33173 Place of Business 9425 SW 72 St, Ste 150 Miami, FL 33173 Telephone No. ___ 3_0_5-_7_4_0-_3_3_0_3 ___ Fax No. __ -'-3-'-0-'-5-_7_4-'-0--3'--3'"""0-'5 ____ _ State Contractor's License #_--"C"-'G=C'--'1c.e5,...,0,...,7-"3.._4.,_,2=-------------------- State of Ploiida Certificate of Authority Document Number _______________ _ Federal Tax Identification Number 650010248 ___________________ _ DUNS#~_60_2_1_85_4_2_3~- To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Docmnents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement Services Division staff. FORM 2-CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Carlos Alvarez Aaron Basabe Western Interconnect Force Main Bid No. 19-7568 Personnel Category Construction Superintendent Project Manager J [--FORM3-MATERJALMANUFACTURERS '--------·------------·-----··--·····-·----------------------' THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A ORB. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confinn that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Section B (Exception requested to Bid specifications manufacturers and materials) 1. 2. 3. 4. 5. EXCEPTION MATERJAL Please insert additional pages as necessary. EXCEPTION MANUFACTURER company: Metro EqUipment Service, Inc. _ Signature:_:::::;:::::-+.,-'-~c.-'-_-..... -'-z:: .... ,-.....,-L::'-'4~::1::::::::~.----.-... -__ -____ -_-__ ----·--·--D-a-te 04/09/2019 FORM 4-LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 2017-08 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. ~-----------------------------------------, Major Category ofWork Subcontractor and Address 1---------------11---------------------~------------< 1. Electrical Eiranova Electric ( Miarni, FL}--·------ 2. Mechanical 1---------------<----·----------------------------,_3. __ P_lum_b_in_g __________ +s_e_lf_P_e_rfo_r_m ________________________________ ----i 4. Site Work Self Perform --------+------·------·-·--·--5. Identify other subcontractors ------------·- that represent more than l 0% of price or that affect the ~--c£itical path of the schedule ------------------ Date: 04/09/2019 .__ _______ F_O_RM __ 5_-_S_TA_T_E_ME __ N_T_O_F_E_1XP_ERIE __ 1N_C_E_O_F_B_ID_D_E_R ________ -=:] The Bidder is required to state below what work of similar magnitude completed within the last five (5) years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1. Tierra Verde Bridge Utilities Replacement --------------- (project name) City of St. Petersburg (project location) 2,800 LF of 12" PVC FM & 2,000 LF, 16"/8"/8" HDPE bundle via HDD under lntercoastal waterway (project description) June, 201_?. ___ $ $2,132,158.00 (project start/completion dates) (contract value) City of St. Petersburg (project owner) 32717th St N St. Petersburg, FL 33713 (Owner's address) Mike Ryle Project Manager . -------··-- (Owner's contact person) (title) 727-420-8939 mike. ryle@stpete.org (phone) (email) 2. Furnish and Install 36" HOPE and 30" DIP water main in NE 79 St. Miami Dade Water & Sewer (project name) Miami Dade County (nroiect location) 'fnstanaUon of approx. 1,050 LF of 36" HDPE via HOD under Biscayne Bay at North Bay Village. Installation o fapprox 180 LF of 30". DIP WM to connect to exising 30" WM at two locations utilizing a quadruple 3<1' Line- -stop arrangement. (project description) November, 2015 $ $1,850,528.00 (project start/completion dates) (contract value) (project owner) 3071 SW 38 Ave Miami, FL 33146 ·----(Owner's address) Alexis Valdes (Owner's contact person) Project Manager (title) 786-299-9008 -------·--- (phone) alexis.valdes@miamidade.gov (email) 3. International Drive South Forcemain orange county, FL and Reclaimed Water Main (project name) (project owner) Orange County, FL 400 E. South St. Orlando, FL 32801 -----(project location) (Owner's address) Demolition or PS #3597. Installation of 5,500 LF of 30" PVC. 3,500 LF of 24" and2fOOLFof20"PVCForceMaln. lnstallalionof11,400LFo!24"D1P James Montalvo Project Manager 301 L of 36'' casing via jack and bore. 100" of 24" HOPE via HOD ---··---··-------·---- (project description) (Owner's contact person) (title) May, 2016 $6,363,930.30 407-506-2120 james.montalvo@ocfl.net --------·-----· (project start/completion dates) (contract value) (phone) ( email) L FORM 5-STATEMENT OF EXPERIENCE OF BIDDER ·-------------------' 4. Innovation Place Project (AKA Storey Orange County 5. 6. Park Utilities) __ _ (project name) Orange County (project location) Installation or approJdmately 4,230 LF of 30• waterrnain, <C,215 tr of 2.0" wa,tewater forcemaln, 320 LF of 54• Jack and bore and 320 LF or 30• Jack and bo~ (project description) June,2017 ·----.. ---·-·------- (project completion date) $3,595,278.00 ( contract value) Sanitary Sewer Improvement Phase One (project name) Installation of new submersible pump station, demolition of existing dry pit pump station. The project also Included remediation of existing contaminated sai[wilbio the project area . -- (project location) Village of Bal Harbour (project description) June, 2017 (project completion date) $2,948,730.00 ( contract value) (project owner) 400 E. South St. Orlando, FL 32801 (Owner's address) James Montalvo (Owner's contact person) Project Manager (title) 407-254-9793 (phone) james.montalvo@ocfl.net (email) Village of Bal Harbour (project owner) 655-96 Street Bal Harbour, FL (Owner's address) Mike Alvarez (Owner's contact person) 786-566-3462 (phone) (email) Project Manager (title) SR 674 Force Main, Clubhouse to South County Water Treatment Plant Hillsborough County -------------------(project name) Installation of 10,200 LF of 30" DIP Force Mai (project owner) Gtd~ ~-~t~~~ r;w~r~~8'!;~~i°ca!fn° 'i::;:i~~~!~n:~ii'lt~~~~\nhr:1 projeclalsolncludadapproxlmately17,0gOSYofroadwayreconslructlon. 601 E. Kennedy Blvd. FL 18 Tampa, FL 33602 (project location) Hillsborough County (project description) August, 2014 (project completion date) $6,183,138.00 ( contract value) (Owner's address) Mark Dillman Project Manager -·--........---·· --- (Owner's contact person) (title) 813-334-3187 (phone) dlllmanm@hlllsboroughcounty.org (email) FORM 6-TRENCB.SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws ofFlorida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: 1. 2. 3. 4. 5. Trench Safety Measure (Description) Box/Slope Units of Measure (LF,SY) LS Unit (Quantity) 1 Unit Cost $20,000.00 Extended Cost $20,000.00 ------- TOTAL $20,000.00 Failure to complete the above may result in the Bid being declared non-responsive. c.ompany: __ Me oEq(,m~ Service, Inc. Signature:·---V _ v/~--f-/------·------. __ _ Date: 04/09/2019 KNOW ALL MEN BY TIIBSE PRESENTS, that we Metro Equipment Service, Inc. (herein after called the Principal) and Travelers Casualty and su.i:_ety~ompany of :i\meric~ (herein called the S~tyJ,-~~rporation chartered and existing under the laws of the State of-~-------with its principal offices in the city of Ha or-'~--------- and authorized to do business in the State of __ FL ---··------· are held and finnly bound unto the Collier County ------·--(hereinafter called the Owner), in the full and just sum of ~C.-~.<:~:~:nt~Amou~~Blcf---------------------· doUars ($ ·---5%-----:_:::-_:::-_-_:_::_::j good and lawful money of the United States of America, to be paid upon demand of the OWner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Bid No. 19-7568 Western Int.erconnect Force Mafo. NOW, 11IBREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the tenns of such Bid, and give such bond or bonds in an amoUilt of 100% the total Contract Amount as specified in the Bidding Documt-'Ilts or Contract Documents with good and $Ufticient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, If the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ ---·----·--·---noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. ~Jff!~~ONY T,h;ti°f th~ Principal and Surety have caused these presents to be duly signed and sealed this _:~~---day of BY Principal (Seal) Surety Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (l 0) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as ]iquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the re~uired time period. In the event of such failure, the total amount of Owner's damages, wlll be difficult, ifnot impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as requited hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date, The undersigned further agree.q to substantially complete all work covered by this Bid within Two Hundred Seventy (170) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of-final acceptance by the Owner within Thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully SubmjlliJ_4: State of·-···-------··-County of _________ _ ----·-----·----····--------·-_ , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. ------·· --·-·--·------______ _, also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of , which operates under the legal name of -···---------...... ----'and the full names of its officers are as follows: President. ______ _ Secretary ___ ~---~----------Treaimrer __________ _ I'vfanager.~---~~------~-- The ···----·--is authorized to sign construction bids and contracts for the company by action of its Board ofDlrectors taken·-------------· ... ·---' a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Go-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: ·------·-··--- The co-partnership does business under the legal name of. {c) Individual The Bidder is an individual whose full name is -·-----·-····--·----··-··-----··-·---·----' and if operating under a trade name, said trade name is Complete furinformation contained in (a) Corporation, (b) Co-Partnership or (c) Individual from previous page. DATED----··-··------ Witness Witness STA1EOF_ COUNTY OF ·--·-------··----- Legal Entity BY: Name ofBidder (Typed) --·-----·--··----------·----Signature Title The foregoing instrument was acknowledged before me this __ day of --·--------' 20 by --····~·---.. -· ..... -----· , as of ------> a corporation, on behalf of the corporation. He/slte is personally known to me or has produced ______ as identification and did ( did not) t'lke an oath. My Commission Expires: (Signature of Notary) NAME: ____ _ (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of ___ _ ITRAVELERs't Travelers casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint CHARLES D NIELSON of MIAMI LAKES , Florida • their true and lawful Attorney-in-Fact to sign. execute. seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory In the nature thereof on behalf of the Companies In their business of guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. State of Connecticut City of Hartford ss. By: Robert L. Raney, sei'i?orVice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire arw Marine Insurance Company. and that he, as such, being authorized so to do. executed the foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 Marie C. Tetreault, Notary Public This Power of Attorney Is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul ,Fire,and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President. any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Cqrporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, c9ntracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman. the President, any Vice Chairman. any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation Is In writing and a copy thereof is filed In the office of the Secretary; and It is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, If required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary. any Assistant Secretary. and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointfng Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company In the future with respect to any bond or understanding to which It is attached. I, Kevin E. Hughes. the undersigned, Assistant Secretary of Travelers Casualty and Surety company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 9tlh day of April . 2019 To verify the authenticity of this Power of Attomey, please call us at :L -800-42:L •3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power Is attached. 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 EXHIBIT B of this solicitation. The Vendor shall procure and maintain prope1iy insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County'', or, the specific solicitation number and title. 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. 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 Ce1tificates oflnsurance 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 amounts and types of insurance coverage shall confonn to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) fonns 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 oflnsurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage.{0 shall be maintained without intem1ption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance catTier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance can-ier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage.{0 required herein, the County may tenninate the Agreement or at its sole discretion shall be authorized to purchase such coverage.{0 and charge the Vendor for such coverage.{0 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.{0 purchased or the insurance company or companies used. The decision of the County to purchase such insurance coveragejfil shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion ofthe scope of work, the Vendor shall furnish to the County renewal or replacement Cettificate(s) oflnsurance not later than ten (10) calendar days after the expiration date on the cettificate. 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. Co~er County ~ Administrative Services Department Procurement SefVices OMslon FORM 9 -CONFLICT OF INTEREST AFFIDAVIT The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any CoJlier 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 fim1 has not set the "ground mies" 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 perfo1med work on an affiliated past or current Collier County project identified above to evaluate proposals/ past perfonnance 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 pe1fo1mance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in cmTent 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 organizational 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, contractual, organizational, or otheiwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. :::~ture and Date:_· ~ Me~z:2::· ln0:/09/2019 Print Name: ,_~9._~_L_._G_o_d_o.,.__y ____________ _ Title of Signatory:____ fl President G~erCounty ~ Administrative Services Deprutrnent Proc.urement Services Division FORM 10 -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 fitm 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 perform 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 this 9th_ day of ____ April ____, 2019 in the County of Miami-Dade , in the State of Florida 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: Metro Equipment Service, Inc. 9425 SW 72 St, Ste 150 Miami, FL 33173 M52968 650010248 NIA 305-7 40-3303 Send payments to: (required if different from above) 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: Secondary Contact for this Solicitation: Email: Phone: Additional Contact Information Company name used as payee Co~er County ~ Administrative Services Department Procurement Services Division FORM 11-IMMIGRATION AFFIDAVIT CERTIFICATION This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with fonnal solicitation submittals. Fmther, 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 fuJly 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 11911- responsive. Collier County will not intentionaJly award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any Vendor ofunauthorized 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 aJI 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 ofHomeland Security in pattnership with the Social Security Administration at the time of submission of the Vendor's proposal. Company Name Print Name State of Florida Metro Equipment Service, Inc. County of Miami-Dade Title President The signee of these Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this offidavltto interrog,torio, h"oind,nnod,. . ~ JI/ ~"'J Commission No.: i;; (.. ~Sk 4 5 S ./-\_A ,,,~~~'', ROSA MARTINEZ §/ \ State of Florida-Notary Public ~ ~ Commission # GG 256464 ~ My Commission Expires September 09, 2022 FORM 12 -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 infomiation 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 .... Metro Equipmeot Service, Im;. (as shown on income tax return) -·- Business Name (if f/(/~rentfrom tax{eayer name) Address 9425 S 72 St, Ste 50 City Miami State Florida z· 33173 lp _______ ----··--·-··----· Telephone 305-7 40-3303 Email jfonte@mesinc.us ----·-- Order Information (Must be filled out) Remit/ Payment Information (Must be filled out) Address 9425 SW 72 St Ste 150 Address 9425 SW 72 St1 Ste 150 City Miami State Florida Zip 33173 City Miami State Florida Zip 33173 Email __ jfonte@mesinc.us .. ····-·····--~---------Email jfonte@mesinc.us ·------·---- ---------- 2. Company Status (check only one) _-_Individual/ Sole Proprietor I ...Y'...._Corporation I __ Partnership __ Tax Exempt (Federal incometax-exempt entity ,__ Limited Liability Company under Internal Revenue Service guidelines IRC C Enter the tax classification 501 (c) 3) (D == Disregarded r:11tity, C = Corporation, P, Partnership) 3. Taxpayer Identification Numbe1· (for tax reporting pu,poses on[J1 4. Federal Tax Identification Number (TIN) __ 6_5_0_0_10_2_4_8 __________ _ -I endors who do not have a TIN, will be re uired to rovide a social security number prior to an award). Title ormation shown on this orm is con·ect to m know/ed e. President Date 04/09/2019 ····--·--------~---·-·-······----·~~---···~ Phone Number 305-740-3303 .. FORM 13 -BIDDERS CHECI._{_L..c.:IS..c.:T ___ _ IMPORTANT: Please read carefully, sign in the spaces indicated and !fil!!!l! with your Bid. Bidder should check off each of the following items as the necessary action is completed: l. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Bid Schedule has been completed and attached. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. The following on-line standard documents have been reviewed in Bidsync: 1. Construction bid instmctions fo1m 2. Construction services agreement 3. Purchase order te1ms and conditions &. All of the following bid forms have been completed and signed: 1. Bid Form (Form 1) 10. Vendor Declaration Statement (Form 10) 2. Contractors Key Personnel (Form 2) 11. Immigration Law Affidavit Certification 3. Material Manufacturers (Form 3) (Fo1m 11) 4. List of Major Subcontractors (Form 4) 12. Vendor Substitute W-9 (Form 12) 5. Statement of Experience (Form 5) 13. Bidders Checklist (Form 13 -this form) 6. Trench Safety Act (Fonn 6) 14. Business tax Receipt (Collier County 7. Bid Bond Form (Form 7) Businesses Only) 8. Insurance and Bonding Requirements (Form 8) 15. Signed Grants Provisions Package (if 9. Conflict oflnterest Affidavit (Fon11 9) applicable 9. Copies ofrequired information have been attached l. Company's E-Verify profile page or memorandum of understanding 2. Certificate of Authority to Conduct Business in State of Florida 3. Any required professional licenses -valid and current (ie: General Contractors license, Underground Utility and Excavation, Builders, Trade Contractors, etc., as applicable, requested and/or required.) 10. If required, the amount ofBid bond has been checked, and the Bid bond or cashier's check has been submitted. 11. Any addenda have been signed and acknowledgement form attached and included. 12. The Bid will be uploaded in time to be received no'later than the specified opening date and time, otherwise the Bid cannot be considered. Metro Equipment Service, Inc. l President 04/09/2019 _ _,,,_~~-....,___,__ Date State of Florida Department of State I certify from the records of this office that METRO EQUIPMENT SERVICE, INC. is a corporation organized under the laws of the State of Florida, filed on May 28, 1987. The document number of this corporation is M52968. I further certify that said corporation has paid all fees due this office through December 31, 2018, that its most recent annual report/unif01m business report was filed on January 16, 2018, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Fifth day of April, 2019 '&!!I)/&. Secretary of State Tracking Number: 5110328547CU To authenticate this certificate,visit the foJlowing site,enter this number, and then follow the Instructions displayed. https://services.sunbiz.org/Filings/CertificateOt'Status/CertificateAuthentication 2018 FLORIDA PROFIT CORPQRATION ANNUAi-REPORT DOCUMENT# M52968 Entity Name: METRO EQUIPMENT SERVICE, INC. Current Principal Place of Business: 9425 SW 72 STREET SUITE 150 MIAMI, FL 33173 Current Mailing Address: 9425 SW 72 STREET SUITE 150 MIAMI, FL 33173 US FEI Number: 65-0010248 Name and Address of Current Registered Agent: GODOY, JORGE L 9425 SW 72 STREET SUITE 150 MIAMI, FL 33173 US FILED Jan 16, 2018 Secretary of State CC2367954648 Certificate of Status Desired: Yes The 11bove named entity submits th s statemenftor the /,pos SIGNATURE: '£.., L ,..,,{~ f changing its registered office or registered agent, or both, in the State of Fl rida. Officer/Director De Title Name Address PST GODOY, JORGE L 9425 SW 72 STREET #150 City-State-Zip: MIAMI FL 33173 'f. <S I hereby certify that the lnlonnaUon Indicated on this repoJt or supplemental repott Is troe and accurete and that my efactronfc signature shall have the same tegaf effect as If mecte uncter oath; that I am an officer orctlrector of the co,µorelion or the receiver or trustee empowerect to execute this report as required by Chapter 607, Ftorkfa StalUtes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: JORGE L GODOY PRESIDENT 01/16/2018 Electronic Signature of Signing Officer/Director Detail Date 000348 Local Business Tax fleceipt Miami-Dade County, State of Florida -THIS IS NOT A BJLJ. ~ DO NOT PAY 2612977 IIUSINBSS NAMIVLOCATION METRO EQUIPMENT SERVICE INC 9425 SW 72ND ST STE 150 MIAMI FL 33173 Hl!Cl!IPTNO, RENEWAL 2740836 LBT EXPIRES SEPTEMBER 30, 2019 Must be displayed at placo of business Purauant 10 eounw Code Chapter SA-Art. 9 & 10 OWNER METRO EQUIPMENT SERVICE INC C/0 JORGE L GODOY PRES Worker(s) 2 $EC. TYPI! OP BUSINESS 196 SPECIAL TY ENGINEERING CONTRACT :~~~~~~i~~~~ CUC054912 $75.00 07/02/2018 CREDITCARD-18-046443 This local Buslneas lax Receipt only oonllnn• payment of the Lo cul Buslnous Tax. Tho Rocolpt I$ DOI o license, permit. or a cert!ffcatlon of the boldar'aqu1lificallons, to do huJlne-.. Holder. must comply with any governmental ar nangavernmeotat ffll!Ulalory Jaw• and requirement• which apply 10 tho buslnou. The IIECflP.l NO: abwo111iiit 6e dlipTayed on all con1merulal v,hlclo$ -Mlami~Dado Code Sac l!H76. For more Information, vi1ltwww,mlamldade.gpvltsxepJlector RICK SCOTI, GOVERNOR CHE , ""'·":'\: JONATHAN 2A ~ M SECRETARY d E>loridam,~·-r STATE OF FLORIDA DEPARTMENT OF BUSINESS:ANClRROFESSIONAL REGULATION s' :.:,>-<-·-·"' ,-.-· ,,; ',.,. ,-,.-. ,, CONSTRUCTIOR]NDUSTR¥~tlGE'NSING BOARD ' . -, __ ;i ,_:/~.::..:/~_--'-.._'; ' . ···,, >~,. :--~,_·-,<<-__ ·-' ·, ·, THE GENERAL cor;rr:AAGTOR.HERE1N=1sEE~tnaEt}UNDER THE PRov1s10Ns<9ft~iJ?TE.R·489f~FtbBJJ?~:$TA1.UTEs ·-· "· ·~ .• \:}Fdit~ff·E})OR(i'.~f;\:::: METRO•EQt)tRMENi.S~VJC~~)~tt' · . 5835NW-88THMAN@R :::;;:::. PA.RKkANfi ·:·· :.·. Fl.33067 > :~,,;:-·<~~:-:~~:v.·;,_=·.:·,..._ ··v'-· .. ·.·• ·.· . . . -. . ' ·:. /"v LICENSE"NfJMBER:CGC1501342 ~(';.~~-,·~--~,~~~;~(A~~~:~~WN~~~ ,TION.DATE::Al'.JGUST 31, 2020 Always verify licenses online at MyFloridalicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document RICK SCOTT, GOVERNOR JONATHAN ZACHEM, SECRETARY d STATE OF FLORIDA DEPARTMENT OF BUSINES£AN:DP:ROFESSl0NAL REGULATION ·" .,"·-' ---··"·-,·:-::- CONSTRUCTION 1h1DUSJR:\l:J.1CENSlNG BOARD "'"-• V THE GENERAttO~~ORHE1Ef~1$'~1oRT1\!€~c~NDER THE PROVISIONS OF CH:!*Pl'ER489:=Ft:0RlE>AST ATUTES . . . :... . .... ). ... ---· ....... ., ...• ,:.:;~o·· '-N>~e· '.'.;'·o· ·R_G:~: ·---·· ;·:·::r .··.·-.: . __ • ___ .;1:_ ·,?:_·· •.. : •-._·_ ~t · · tAs:~:tQ~ti~?:ig1l1tr· · · . J~A:RKLANtY . FLi330of , , .-"::'-_:;;./·:.::·:;-,--· '--·· ' -' -' ' r=·,-Licafs~'it6MBERr-GGG1507342 li~==-,4.~~~:-~""""""'---"'~ EXPIRATi6N;DA1"~: ... ~t;JGUST31, 2020 Always verify licenses online at MyFloridalicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. Florida r RICK SCOTT, GOVERNOR SECRETARY d olorida r THA N ZACHEM, . 4"J:r~1,. JON A ~ --.dt! STATE OF FLORIDA DEPARTMENT OF BUSINESS~ANE>~F!~9:~ESS10NAL REGULATION CONSTRUCJ:ION.1ND0STR¥itE;itENSlNG BOARD •• • --.•' • A-~-: •' -,, ' ' -0 THE PLUMB1NGceNfifu0RHER~tfJ:1s·c;e.R11i:tE0 UNDER THE PRov1s16NsjcfFc~~P"FER 4s9::-·F1;e~ie.ttsi-ATUTEs ' ,.,,:.. . ' •' ······-.,, ,,.,• ,,, ,, '· -· ·.:·::::7.:/.··:·:·< '' ., ' ;~}FcrJN1-ertJl)RCJ~(·.:·~._ LICENSEJ.;JUMBl:R{:CEC:l.427890 -, A ",-, 'A• ' • , ~ r EXPIRA TION;DATE: AUGUST 31, 2020 'f. •,¥ ~·-'--;.-~c·•,,c~o' •, _,C.{·AS•' /lJways verify licenses online at MyFloridalicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document RICK SCOTT. GOVERNOR M SECRETARY d ~ID. r JONATI-IANZACHE , u ~ Always verify licenses online at MyFlorf dalicense.com Do not alter this document in any form. This is your license. ·It is unlawful for anyone other than the licensee to use this·document. EXHIBIT A-3: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Carlos Alvarez Aaron Basabe Personnel Category Construction Superintendent Project Manager 10 Construction Services Agreement: Revised 072118 EXHIBIT B-1: PUBLIC PAYMENT BOND Western Force Main Interconnect Bond No. 107096599 Contract No. 19-7568 KNOW ALL MEN BY THESE PRESENTS: That Metro Equipment Service, Inc. 9425 SW 72 Street, Ste.150, Miami, Florida 33173 as Principal, and Travelers Casualty and Surety Company of America , as Surety, located at One Tower Square, Hartford, CT 06183 (Business Address) are held and firmly bound to Board of County Commissioners of Colller County, Florid&g Obligee in the sum of Three Million Two Hundred Ninety I hree I housand I wenty and 00/ 100 ($3,293,020.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal bas entered into a contract dated as of the __ day of 20 , with Obligee for Western Interconnect Force Main, 19-7568 in Collier County accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 25S.OS(l), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 2SS.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this __ day of ------20 , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: STATE OF ":f lo~~ COUNTY OF ~~ ( -\? ci...:.,.:.;: PRINCIPAL BY: NAME:_=~~-"'=-~~~=~- ITS: The fo regoing instrument was acknowledged before me this ~day of JlJ~ 20 lC\.. by ~ ~~c,~ , as ~~~J..-t of ;Q\,~ . a $ corporation, on alf of the corporation~~ is personally known tom~ OR has produced as identific and did ( did not) take an oath. My Commission Expires : ,,,, .. .,,,,, ROSA MARTINEZ . ~~~ State of Florida-Notary Pubhc ;. .~ Commission # GG 25~454 -;,.~ '#~ My Commi ssion Expires ,,,1,~~r:,.~,,, September 09, 2022 (AFFIX OFFICIAL SEAL) ATTEST: ( 1gnature ofNotary) NAME:2 o';,O.. ~o::t~~ (Legibly Printed) Notary Public, State of F L. Commission No.: G G e_ S'"" <o c+ f::1 SURETY: Travelers Casualty and Surety Company of America (Printed Name) One Tower Square Hartford, CT 06183 (Business Address (Authorized Signature) (Printed Name) Witnesses STATEOF COUNTY OF OR Florida Miami-Dade As Attorney in Fact (Attach Power of Attorney) Charles D. Nielson (Printed Name) One Tower Square Hartford, CT 06183 (Business Address) B60-2n-0111 (Telephone Number) J . The foregoing instrument was acknowledged before me this Jk. day of :J v ~ • 20 , by Charles D. Nielson as Attorney-in-fact of Travelers Casualty and Surety Compan~f America Surety, on behalf of Surety. HdShe is personally known to me OR has produced personally own as · 'fication and who did (did not) take an oath. My Commission Expires: January 4, 2021 (AFFIX OFFICIAL SEAL) Name: _G_ic_en_e_P_a_~o_n ________ _ (Legibly Printed) The ' rovisions and limitations of Se(:tion 2SS.o.s Flo~~ ~te.s. incl.!:ting but not limited to the notice end tnne ln~utat!o~s •: Sections 2ss.o,(2) and 2SS .05(10). are mcoq,orated in this on by reference. EXHmIT B-2: PUBLIC PERFORMANCE BOND Western Force Main Interconnect Bond No. 107096599 Contract No. 19-7568 KNOW ALL MEN BY THESE PRESENTS: That Metro Equipment Service, Inc. as Principal, and Travelers Casualty and Surety Company of America ----,,----,---~,---=---:--c=---,....,.' as Surety, located at One Tower Square , Hartford , CT 06 t 83 (Business Address) are held and finnly bound to Board of County Commissioners of Collier County, Florida as Obligee in the sum of Three Million Two Hundred Ninety Three Thousand Twenty and 00/100 ($ 3,293,020.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obfigee for Western Interconnect Forc e Main , 19 -7568 in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is ref erred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Perfonns the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Perfonns the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be perfonned hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute oflimitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of _, 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, seal~d and delivered in the presence of: ~~ ~~~ &..t.. ~~ Wim~ STATE OF COUNTY OF PRINCIPAL The foregoing instrument as acknowledged before me this J2.... day of ~ c.;:iV"\,...(_ , 20 l~ , by /,... • C::, o , as i.,.a..~C:..~) of _.,:::;..;:=._.:;:.---+-=:::.,.,-...;....;;_.....,___. a $ corporation , on behalf of the corporation. H,efshe is personally known to me,..OR has produced ----------- as identification and did (did no::? oath. My Commission Expires : ~d__ Ykf@!; (lSi ature) ' ~. ( ,,··~~,,,, ROSA MARTINEZ . 0 + ~~~~ St at e of Florida-N otary Public Name: \'IL fA... ~ V\ <2'1 =• •= Co mmission # GG 256454 -'i'--- \)'f ~§ My Co mmissi on Expires (Legibly Printed) J.-. '111?:.,',\,•'' Se ptember 09, 2022 Notary Public, State of: FL Commission No.: (o Cc, ?S:<-(.(S"~ ATTEST: SURETY: Travelers Casualty and Surety Company of America (Printed Name) One Tower Square Hartford, CT 06183 (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) STATE OF Florida COUNTY OF Miami-Dade ----------- As Attorney in Fact (Attach Power of Attorney) Charles D. Nielson (Printed Name) One Tower Square :Hartford,CT 06183 (Business Address) 860-277-0111 (Telephone Number) The foregoing instrument was acknowledged before me this \ 'l.. day of ,1 v ~ ,.( , 20 ~ 1 , by Charles D. Nielson as Attorney-in-fact of Travelers Casualty and Surety Company of ttPterica Hartford, Gl' Surety, on behalf of Surety. h · nally known to me OR has produced personally known as id d not) take an oath. My Commission Expires: January 4, 2021 Gicelle Pajon (Legibly Printed) . Florida Notary Pubhc, State of:.,.....,_,.._ Commission No .; GG OSMS 6 EXHIBIT B-3: INSURANCE REQUIREMENTS The Contractor 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 EXHIBIT B of this solicitation. The Contractor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Contractor waive against each other and the County's separate Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County", or, the specific solicitation number/contract number and title. The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. 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 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 amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Contractor 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 Contractor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Contractor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. The Contractor 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 Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 17 Construction Services Agreement: Revised 072118 Should at any time the Contractor 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 Contractor for such coverage( s) purchased. If Contractor 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 Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage( s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage( s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor 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 Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 18 Construction Services Agreement: Revised 072118 Insurance/ Bond Type 1. [gl Worker's Compensation 2. [gl Employer's Liability 3. [gl Commercial General Liability (Occurrence Form) patterned after the current ISO form 4. [gl Indemnification 5. [gl Automobile Liability Collier County Florida Insurance and Bonding Requirements Required Limits 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 funned as So1e Proprietotships shall not be required to provjde a proof of exemption. An application for exemption cnn. be obtained OJ1Iine at https://apps. lldfo.com/boccxcmpt/ $_1,000,000 ___ single limit per occurrence 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. To the maximum extent permitted by Florida Jaw, the ContractorNendor 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 ContractorNendor in the performance of this Agreement. $ __ 1,000,000_ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. D Other insurance as noted: D Watercraft $ ____ Per Occurrence 7. [gl Bid bond D United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence D Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ _______ Per Occurrence D Aircraft Liability coverage shall be ca11·ied in limits ofnot less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence D Pollution $ Per Occurrence D Professional Liability $ -----Per claim & in the aggregate D Project Professional Liability D Valuable Papers Insurance D Cyber Liability D Technology Errors & Omissions $ ____ Per OccutTence $ _______ Per Occurrence $ ____ Per Occurrence $ ____ Per Occurrence Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal 19 Construction Services Agreement: Revised 072118 8. cg] Performance and Payment Bonds bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. For projects in excess of$200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 9. 181 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. rgj 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. r8:I 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 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. 12. rgj On all ce1iificates, the Certificate Holder must read: Collier County Board of Commissioners, 3295 Tamiami Trail East, Naples, FL 34112 13. rgj Thfrty (30) Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary. Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or proje"".t billings. All questions regarding Builder's Risk Jnsurance will be addressed by the Collier County Risk Management Division. 1/31/19 • cc 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. 'The insurance submitted must provide coverage for a minimum of six (6) months from the date of award. NameofFirm Vendor Signature Print Name Insurance Agency Agent Name David Lopez Date 04/09/2019 Telephone Number 305-595-332~ 20 Construction Services Agreement: Revised 072118 COUNTY OF (COLLIER) STATE OF (FLORIDA) EXHIBIT C: RELEASE AND AFFIDAVIT FORM Before me, the undersigned authority, personally appeared------------------ who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ to be received, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated _______ ,20 __ for the period from to . This partial waiver and release is conditioned upon payment of the consideration described above. It is not effective until said payment is received in paid funds. (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, shall be fully satisfied and paid upon Owner's payment to Contractor. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. __ Witness President Witness STATE OF COUNTY OF CONTRACTOR BY: ------------- ITS: DATE: [Corporate Seal] The foregoing instrument was acknowledged before me this __ day of ________ _ 20 __ , by , as of ---------' a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) NAME: ------------ (Legibly Printed) Notary Public, State of _________ _ Commissioner No.:--------- 21 Construction Services Agreement: Revised 072118 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT Collier Countv Board of Countv Commissioners (the OWNER) or Collier Countv Water-Sewer Owner's Project Bid No. Manager's Name: Proiect No. Countv's Division Name Purchase Order No. Submitted by Contractor Application Date: Representative: Name Contractor's Name & Payment Application No. Address: Oriqinal Contract Time: Original Contract Price: $ Revised Contract Time: Total Chanae Orders to Date: $ Revised Contract Amount: $ Total Value of Work Completed & $ Stored to Date: Retainage @10% $ Retainage @ 10% through [Insert $ through [Insert Date] date] Retainage @ __ % $ Less Retainage $ after nnsert date] Total Earned Less Retainaqe $ Less previous payment(s) Percent Work Completed % AMOUNT DUE THIS $ to Date: APPLICATION: Percent Contract Time % Completed to Date: Liquidated Damages to $ Remaining Contract Balance $ Be Accrued ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through __ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. Contractor's Name Contractor's Signature: Date: I Type Title: Shall be signed by an authorized refJresentative of the Contractor. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Desion Professional's Name: Sionature: Date: I Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended by: Owner's Proiect Manaoer Name: Sionature: Date: I 22 Construction Services Agreement: Revised 072118 EXHIBIT D (Continued) SCHEDULE OF VALUES Project Name: Project Number: Date: Period To: ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE 10% _% TOTAL NUMBER VALUE MATERIALS COMPLETEC COMPLETE TO FINISH RETAINAGE RETAINAGE RETAINAGE PREVIOUS APPLICATIONS THIS & STORED (redueed rale) \IITHHELD THRU DATE SINCE DATE PERIOD TO DATE TOTALS ' Explanation for the two columns under Previous Applications: The Thru Date is where you will place all information until the contract is complete unless a release or reduction of retainage issue cot into play. If this happens, all information up to the date of the% change in retainage is placed in the Thru Date column. Information after that date is placed in the Since Date column. This states what has happened since the change in retainage. 23 Construction Services Agreement: Revised 072118 Date Exhibit D (Continued) Description Supplier Stored Materials Record A Invoice Previously Number Received Formula: A+ B -C -D = E B C D E Received Previously Installed Balance To This Period Installed This Period 24 Construction Services Agreement: Revised 072118 Install EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: http://bccspO 1 /SiteDirectory/ AS D/Pu rchasing/F orms 1 /F orms/Defau lt.aspx Change Order Form Contract#:J~---~ Contractor!Firm Name: Chang!! #:D Purchasl! Ord!!r#: Project Name: Project Manager t4ame ~--------------' Department: Cri:;iinal Contrsot0Wor\: Qde,-Amcunt Current sec Ape<oved Amount Current Cont-sci,W o:k Ordsr Amount Doll3r Amountofthi; Chsngs #DIV/0! Re,i.;sd C ontractV\/ of, Ordsr Totsl I s o.ool #DIV/0! Cumulative Chan,:iss I $ 0.001 #DIV/0! Projl!ct#:1 ~----~ Qiginal sec Approtal Dsts: Agenda Item# Lsst BCC .Approval Date; Aaem:la llem# SAP Contract Expiration Oats {Master) Total Change fron1 QiginalAn=nt Change from Current BCC Approved Amount Chanaefrom Cu-r<:nt Amcunt Completion Date, Description of the Task{s) Change, and Rationale for the Change Notice to Proc..J Original j I Last Approved I j Revised Date Date ""]::· ====~ Completion Oat.__ ___ _._ Date '-· -----' 11;1-;:i:l;;st'lsr.:Mnge) #of Days Added ._I-----' SelectTasks D Add nl!wtask{s) D Dehitl!task(sj D Change task{s) D Other (Sill! ~<1.v1 Provide a response to the following: 1.J detaillfd and specific e~planation/rationaleofthe requestedchange(s) to thetask[st and I or the additional days added [if requestedJ; 2.)why this change was not included in the original contract; and, 3.} describe the impact if this change is not processed. AH,d a.dd~ionsl informa1ion from 1h-a 0-asi;in Professional ar,d/or Contrac1or if nfie:!J::l. Prepared by:-------------------------------(Pro~l Man.s-;;;,r Name and Depanment} Da1e: ______ _ ,A.ccep1anceof1his Chac,g;, Ord;,r shallcons1itu1: a mooificafor, to contract lworr.order i:!i=n.tifil!cd ai:oov;, an-:i will bfc subj:t.:11oall1h;,same 1-::rm; a.nd· con<ihjor5 as corn.~irt~i in th~ cc,n1fa..:t / 'hork or,:ier indk:ate-l .;bov::, as folry a; ·n the .sanu: 'lii:r~ stst=j in 1his .sc-:ep1ar1<:e. Th,e a·:ijusJm;,nt. a any, to1hi= ConHa•:t shalkonsirruti= a foll and fiBl set11:men1 of any an4 all claims of Jh,;, Contractlr I Vend-0r i Consuhant/ Des >;n Profasional arisln·a ou1 of or rested to the ~han-;e s;,t forth herein, irs,:ii,-ding d;ims for impa.ct and delay coss. Accepte-d by: Date:------- {Contra,:tor .'Vendor/ Consultant i D:s }~n Prof:.s.sic,n;! and Nam: cif Finn, if proj:-Ctapplic.3.b?-:} Approved by:=--~-----=--=-~----,--,.------------fDe.s ign Professbr.,al a.~,l Name of Finn. if pro;~1 a~1phcabie} Approved by:=-----=--,---.,---------------------(Pr,:.ccrl:men1 Prof;,.sional Date: ______ _ Dat:a: ______ _ 25 Construction Services Agreement: Revised 072118 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ------ PROJECT: CONTRACTOR Contract For Contract Date Design Professional's Project No. ------ This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To And To OWNER Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DA TE OF SUBSTANTIAL COMPLETION I A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 26 Construction Services Agreement: Revised 072118 RESPONSIBILITIES: OWNER: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on Design Professional By: _______________ _ Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ---------- 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on----------' 20 OWNER By: Type Name and Title 27 Construction Services Agreement: Revised 072118 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: PO No.: ___________ Date: ___ _ Contractor:--,.----,----------------------------- The following items have been secured by the--------------------for the Project known as ___________________________ _ and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: ___ _ Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: ___ _ YES NO 1. All Punch List items completed on------------- 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: ___ _ 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.:-------------- issued on (attach to this form). 8. Certificate of Substantial Completion issued on -------- 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on-------------- 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: ______ _ 13. Finished Floor Elevation Certificate provided to Owner: ------ 14. Other: If any of the above is not applicable, indicate by NIA. explanation. If NO is checked for any of the above, attach Acknowledgments: By Contractor:--------------------(Company Name) ----------------------(Signature) By Design Professional: By Owner: ---------------------(Typed Name & Title) ----------------------(Firm Name) ----------------------(Signature) _____________________ (Typed Name & Title) ----------------------(Department Name) ______________________ (Signature) ---------------------(Name & Title) 28 Construction Services Agreement: Revised 072118 EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 29 Construction Services Agreement: Revised 072118 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be 30 Construction Services Agreement: Revised 072118 limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. 4.5 In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is 31 Construction Services Agreement: Revised 072118 stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent ( 10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's procurement ordinance and policies. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and pay able. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 32 Construction Services Agreement: Revised 072118 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non- compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing 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 by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 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. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 33 Construction Services Agreement: Revised 072118 7. SUBMITTALS AND SUBSTITUTIONS. 7 .1 Contractor shal I carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will 34 Construction Services Agreement: Revised 072118 record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUil TS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 8.1.7 8.1.8 8.1.9 8.1.10 of performance. Description of Work being performed at the Project site; Any unusual or special occurrences at the Project site; Materials received at the Project site; A list of all visitors to the Project Any problems that might impact either the cost or quality of the Work or the time The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features 35 Construction Services Agreement: Revised 072118 (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with 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 34112-57 46 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. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all 36 Construction Services Agreement: Revised 072118 work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner 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 itemized 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 written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work 37 Construction Services Agreement: Revised 072118 Directive. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes sh al I be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pend ency of any Claim. 38 Construction Services Agreement: Revised 072118 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contract or who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the ContractorNendor/Consultant 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 ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant i n the performance of this Agreement. 13.2 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, Owner 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 Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B-3 to the Agreement. 39 Construction Services Agreement: Revised 072118 Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B-3. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the 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. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (OHS) 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 (1TB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Contractors I 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 Contractor'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. Contractors 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/Contractor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/ Contractor's proposal may be deemed non- responsive. 40 Construction Services Agreement: Revised 072118 Additionally, Contractors shall require all subcontracted Contractors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor 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. 15. CLEANUP AND PROTECTIONS. 15.1 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 and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner'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 Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 17 .2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 41 Construction Services Agreement: Revised 072118 17 .3 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. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals} and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 42 Construction Services Agreement: Revised 072118 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and Ii mited to those afforded Contractor under Section 19 below . 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager 43 Construction Services Agreement: Revised 072118 shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner 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, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial 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 Owner. 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. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 44 Construction Services Agreement: Revised 072118 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 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 Project Manager 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 Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shal I as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential 45 Construction Services Agreement: Revised 072118 costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall 46 Construction Services Agreement: Revised 072118 include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit A-1 is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 'Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened dam age, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 47 Construction Services Agreement: Revised 072118 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and A re Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, 48 Construction Services Agreement: Revised 072118 Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or 49 Construction Services Agreement: Revised 072118 Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner 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. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasi ng. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 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. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of 50 Construction Services Agreement: Revised 072118 the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontr.actor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of 51 Construction Services Agreement: Revised 072118 Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub- subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and prof it. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 34.1.2 Subcontracts and Purchase Orders Subcontractor Licenses 52 Construction Services Agreement: Revised 072118 34.1.3 34.1.4 34.1.5 34.1.6 34.1.7 34.1.8 34.1.9 34.1.10 34.1.11 34.1.12 34.1.13 34.1.14 34.1.15 34.1.16 34.1.17 34.1.18 34.1.19 34.1.20 34.1.21 34.1.22 34.1.23 34.1.24 34.1.25 34.1.26 34.1.27 34.1.28 34.1.29 34.1.30 34.1.31 34.1.32 Shop Drawing Submittal/Approval Logs Equipment Purchase/Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Request Payment Request Records Meeting Minutes Cost-Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As-Built" Marked Prints Operating & Maintenance lnstructi on Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Lists PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. 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 53 Construction Services Agreement: Revised 072118 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. 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 Contractor is responsible for all costs. 36. 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. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48-hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials/ petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 54 Construction Services Agreement: Revised 072118 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. 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 Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by Owner's staff person or designee who would make the presentation of any settlement reached at mediation to Owner's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. 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. 55 Construction Services Agreement: Revised 072118 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS "NIA" 56 Construction Services Agreement: Revised 072118