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#11-5724 (Hole Montes, Inc.)
RFP 11 -5724 Contract #11 -5724 Construction Engineer and Landscape Inspection Services and Site Restoration Services for Vanderbilt Beach MSTU: FPL Underground Conversion Phase 1, 2, 3 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this leday of L t 2012, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER ") and Hole Montes, Inc., authorized to do business in the State of Florida, whose business address is 950 Encore Way, Naples Florida 34110 (hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Consulting for Construction Engineer and Landscape Inspection Services of the CONSULTANT concerning RFP 11 -5724 Construction Engineer and Landscape Inspection Services and Site Restoration Services for Vanderbilt Beach MSTU: FPL Underground Conversion Phase 1, 2, 3 (hereinafter referred to as the "Project "), said services being more fully described in Schedule A, "Scope of Services ", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: 1 RFP 11 -5724 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Construction Engineering and Landscape Inspection /Reconstruction Consulting services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates George H. Hermanson, a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator "). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating 2 RFP 11 -5724 to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including the Local Government Prompt Payment Act (218.735 and 218.76 F.S.) as amended in the 2010 legislative session, ordinances, codes, rules, regulations and requirements of any governmental agencies, including the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 3 RFP 11 -5724 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and /or deficient documents, failure to comply with local, state and /or federal requirements and /or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all- inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and /or items necessary to correct the deficiencies directly related to the Consultant's non - performance whether or not the County obtained substitute performance. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have 4 RFP 11 -5724 common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement - EOP, etc), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty -eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty -eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following 5 RFP 11 -5724 services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.3 Providing renderings or models for OWNER'S use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 6 RFP 11 -5724 2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager "). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, RFP 11 -5724 shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. s RFP 11 -5724 CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation ", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, 9 RFP 11 -5724 notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. 10 RFP 11 -5724 ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Government, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by 11 RFP 11 -5724 CONSULTANT shall not apply to any insurance or self- insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in 12 RFP 11 -5724 Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub - subconsultants or sub - subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing 13 RFP 11 -5724 in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed,-or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against 14 RFP 11 -5724 OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty -five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through 15 RFP 11 -5724 the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. 16 RFP 11 -5724 ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners, Collier County Florida Purchasing Department 3327 Tamiami Trail East Naples, FL. 34112 Attention: Purchasing /General Services Director (239) 252 -8407 Fax: 239 - 252 -6480 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: Hole Montes, Inc. 950 Encore Way Naples, FL 34110 George H. Hermanson, Senior Vice President/Principal (239) 254 -5052 Fax: (230) 254 -2099 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17 RFP 11 -5724 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 18 RFP 11 -5724 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 Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS RFP # 11 -5724 Terms and conditions ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT /PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19 RFP 11 -5724 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION a.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. a.2 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state 20 RFP 11 -5724 courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. * * * * * * * * * * * * * * * * * * ** *The rest of this page is intentionally left blank * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 21 RFP 11 -5724 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Construction Engineer and Landscape Inspection Services and Site Restoration Services for Vanderbilt Beach MSTU: FPL Underground Conversion Phase 1, 2, 3 the day and year first written above. ATTE'§ rs' Dvhn E Bock; clerk 2 �►ttest' .i .io.. 1rs" i Appro fo a le suffici Ilcy: Scott Teach Deputy County Attorney Witness o Witness BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, By: Fred W. Coyle, Chairman Hole Mont ihc. By: 9pnrog Ff R rmangain. p E $r _W/Principal Typed Name and Title 22 SCHEDULE A SCOPE OF SERVICES VANDERBILT BEACH MSTU FPL UNDERGROUND CONVERSION Description of Project RFP 11 -5724 This Project is located at Gulfshore Drive: Phase 1 (111th Avenue to Vanderbilt Beach Road) and consists of the construction of: The Vanderbilt Beach MSTU: FPL Underground Conversion. Phase 1, 2, 3 provides hurricane protection and aesthetic improvements. There is an existing asbestos water main within the work zone requiring that the consultant is a State of Florida certified asbestos consultant under the rules and regulations of Chapter 469 of the Florida Statutes and Rule 61 E1 of the Florida Administrative Code. Detailed Scope of Work Construction Engineering Inspection Services associated with the burial of the FP &L/Comcast utility lines through trenching and directional boring. Landscape Architectural Site Restoration Services associated with the burial of the FP &L /Comcast utility lines through trenching and directional boring. TASK 1— PRE - CONSTRUCTION VIDEO AND PHOTOGRAPHS 1.1 The Consultant will provide a preconstruction video tape as needed in DVD format documenting the condition of the project area prior to commencement of any work. This video tape should capture pre - project conditions of all private property adjacent to the proposed project area and public property in the right of way with the intent to document all existing conditions for use in resolving any post - project private or public property alleged damage claims. The video is to be submitted to the Project Manager prior to construction commencement for the Project file at no additional cost. 1.2 Pre - Construction Photographs: The Consultant will provide construction progress photographs as needed that help visualize the worksite conditions. Photographs will be taken prior to construction commencement, during and after all milestones and construction steps. These pictures must be in digital format, date stamped, 3 Mega pixels minimum resolution, in color, and submitted once a week on Wednesday via e-mail or recorded on a CD to the attention of the Project Manager. TASK 2 — DETAILED OBSERVATION AND DOCUMENTATION DURING CONSTRUCTION 2.1 - The Consultant will provide Construction Inspectors to observe all construction and testing activities related to the project, including work surrounding the existing asbestos pipe, installation of related utility boxes, existing driveways, landscape and irrigation systems, miscellaneous masonry and concrete work associated with the trenching and directional bore activity of the power line burial, and video and testing of existing utilities and improvements within the right of way. Construction documentation will be prepared on the day the construction 23 RFP 11 -5724 activity takes place. All construction documentation and preparation of work orders associated with the restoration will be provided to the County not later than the first working day of the following week or more frequently if requested by the County. 2.2 - Construction Observation — The Consultant will conduct on -site observations and inspections as needed of material construction activities on the Project to verify whether the work is completed in accordance with the contract documents submitted to Collier County by FP &L /Comcast. The Consultant will inform an on -site representative of the construction contractor of any concerns related to conformance of the work with the contract documents (a concern or an issue) as an attempt to resolve any concern or issue on -site. If the concern or issue is not immediately resolved in the field, the Consultant shall inform the County about the concern or issue within four (4) business hours of the finding. 2.3 - On a twenty -four (24) hours basis, the Consultant may be required to travel to the site immediately to meet with the Project Manager, law enforcement or emergency personnel to resolve an emergency. The Contractor will respond to a telephone, beeper and the return calls shall be made within one (1) hour of notification. The Consultant will be responsible for investigating the concern or issue and resolving the same through an oral or written directive to the construction contractor and so inform the County. This protocol will be initiated any time the Consultant becomes aware of any construction that is unsatisfactory, faulty or defective, does not conform to the Contract Documents, does not meet the requirements of any inspections, tests or approval required to be made, or has been damaged before final payment. 2.4 - Daily Log and Construction Documentation — The Consultant will prepare a daily log recording all activities and details related to the work completed during each day on a form approved in advance by the County. Information will be recorded in the daily log on each day construction activities occur. The daily log entries will record all aspects of the construction during that day including, but not limited to: construction crew (labor) details, equipment used, materials used, compliance testing and inspection performed, site conditions, trench conditions, backfill material used, dewatering methods, compaction methods, location of the work, and all relevant details related to the Work. The Daily Log will reference the digital photographs and or video taken with appropriate file names and file locations. In addition to the construction details, the daily log will contain information related to: time and hours on the job site, weather conditions, data pertaining to questions of quantities of materials used, extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, observations in general and specific observations in more detail as in observing test procedures, conformance inspection of materials and fitting, name plate data for equipment and material installed, and other information requested by the County. The daily log, photograph files and other construction documentation will be provided to the County by the Consultant on a weekly basis on the first day of the week following the week of daily logs. 2.5 - Photographic Record — The Consultant will provide a comprehensive digital photographic record of all construction activities related to the project. The digital file names will be referenced in the daily log along with a brief description of the photograph, the date and time of the photograph and the name of the photographer. The digital files will be transferred to a digital CD and submitted weekly to the County along with the construction documentation. The photographs will be printed in high resolution color, two captioned photos per 8 '/2" x 11" sheet, 24 RFP 11 -5724 printed one side only. The prints will be provided to the County as needed with the construction documentation. Video will be provided in digital format. 2.6 - General Coordination —The Consultant will coordinate activities related to the multiple - beneficial Use of completed segments of the Project during Phase 1, between the construction contractor and the County. The Consultant will oversee substantial completion inspections, and prepare and maintain the punch list, including follow -up inspections to ensure that punch list items are corrected and /or completed. 2.7 - Observe Regulatory Agency Inspections — The Consultant will accompany visiting inspectors representing any regulatory agencies having jurisdiction over the Project and will record all discussions and the outcome of these regulatory inspections in the daily logs. 2.8 - Construction Progress Meetings — The Consultant may be required to attend progress meetings chaired by the County's Project Manager, with the construction contractor and the County to review project status and identify issues that may affect the Project. The Consultant may be asked to assist in preparing a draft Agenda at least two days in advance of the each meeting and issue written meeting notes identifying a summary of the discussion, conclusions and any risks that have been encountered or are expected within two days after the meeting to the County and the construction contractor. 2.9 - Substantial Completion Inspections — The Consultant will conduct substantial completion inspections when requested by the construction contractor and coordinated with FP &L/ Comcast and recommend whether the work is sufficiently complete to warrant a substantial completion inspection. During the substantial completion inspection the Consultant will prepare a punch list of items requiring completion or correction to the satisfaction of the County. The Consultant will maintain the punch -list and issue updates to the punch -list on an as needed basis. The Consultant will attend and participate in the final walk- through to ensure that the punch -list items are completed to the satisfaction of the County. All services related to the Substantial Completion Inspection shall be provided separately for Vanderbilt Beach MSTU: FPL Underground Conversion project: FP &L /Comcast, Landscape, Irrigation, and Incidental Restoration Installation as a result of the Phase 1 Project. The Consultant will coordinate close out of building and right of way permits 2.10 - General Management and Oversight — The Consultant mayprovide support services customarily related to the construction observation and inspection of similar projects also including, but not limited to: a) Attend progress meetings and conferences as needed with the County and contractors; Assist preparing agenda and distribute meeting minutes; Coordinate all subsequent meetings, prepare agenda and distribute meeting minutes; Prepare a list of issues needing resolutions after every meeting and ensure that they are fulfilled. b) Attend In- Progress Review (IPR) meetings as needed with the County to update the Project Delivery Team on the status of the Project during construction. c) Participate in pre- construction coordination meetings as needed with the County, FP &L /Comcast; Participate in other meetings as described or implied herein. Prepare and submit monthly construction summary reports to the County. d) Attend project meetings in order to monitor progress as needed, respond to field issues, communicate with the contractor, and coordinate communications with the contractor, project manager, and operational staff at County and DEP as needed. 04, RFP 11 -5724 e) Respond to Requests for Information from the contractor within three working days. Coordinate requests with project manager and operational staff at Collier County. f) Review and recommend the approval of payments due to the construction contractor for site restoration within the right of way. The Consultant's recommendation of any payment requested in an application for payment shall constitute a representation by the Consultant to the County as an experienced and qualified professional, that based on Consultant's onsite observations and inspections of construction in progress; that the construction quantities in the applications for payment accurately reflects the progress of the work and that the work is constructed in accordance with the Contract Documents. The Consultant will process pay requests in accordance with the Florida Prompt Payment Act. All incoming pay requests processed by the Consultant shall be mechanically stamped with the date received. Final pay requests will be processed by Collier County. g) Provide construction contract administration consisting of: 1. Review of payment applications, if needed. 2. Review of construction schedule updates and field progress. 3. Review of change order requests and preparation of change orders, if needed. 4. Assistance in administration of additional work under the Contract Allowance Bid item. 5. Review, preparation, implementation, and restoration of right of way site to the original condition. 6. Review record drawings for completeness and accuracy on a daily basis. h) Coordinate all construction field activities with the County staff with adequate notification and coordination. i) Coordinate all issues with the Owner, FP &L /Comcast, other Utilities that may bury their lines during the timeframe (Fibernet, Nuvu) and property owners who have been negatively affected by the construction. This will involve the restoration of those affected areas. Provide timely review, recommendations and approval of shop drawings and submittals. j) Respond to Requests for Information from the contractor within three working days. Coordinate requests with the project manager, operational staff at Collier County and DEP staff, as needed. k) The Consultant will provide such field testing and verification that all materials, equipment and supplies installed or utilized on the Project are in full accordance with the Contract Documents and approved Shop Drawings provided by the Consultant. 1) Conduct daily fulltime site observation of construction and provide daily reports with photographs to the County. m) Provide a professional State of Florida registered Landscape Architect (Chapter 481, Part II, Florida Statutes, Chapter 61G10, F.A.C.) to be responsible for inspection and acceptance of landscaping (both with the County right -of -way and on private property) associated with the construction work. n) Within one week after the construction contractor notifies the Consultant and the County that the Work on the Project (for each Phase) is substantially complete in accordance with the contract documents, the Consultant will provide a signed and sealed certification by a professional consultant registered in the State of Florida, that the Work was done under his supervision and performed in accordance with the contract documents, including all approved shop drawings and change orders for each licensed discipline. 26 RFP 11 -5724 o) The firm's staff assigned to this project must be available 24/7 during the duration of the project. p) The firm's staff assigned to this project must be available 24/7 during the duration of the project. 2.11 — As Constructed Field Drawings — The Consultant shall maintain red pencil "mark -up" notations and sketches on full size construction plans that reflect the actual details of constructed facilities. These Constructed Field Drawings will be used by the Consultant to validate the "As Built" documentation provided by the construction contractor. The Consultant will notify the construction contractor of any differences in the documents maintained by the general contractor for resolution by the County. TASK 3 - CONCLUDING CONSTRUCTION SERVICES 3.1 — Final Completion Inspection - Upon the request of the construction contractor and concurrence of the Consultant and the County, the Consultant will conduct final inspections of portions of the project, as they are finished to determine if construction has been completed in accordance with the Contract Documents and the construction contractor has fulfilled all obligations therein. Based on the results of the final inspection, the Consultant will judge the work complete or not complete. If the work is judged complete, the Consultant will issue a "notice of final acceptance and recommendation for final payment ". If the work is judged not complete, the Consultant will issue written instructions to the construction contractor identifying the work judged not complete. Upon provision of the construction contractor evidence or assurance that the deficiencies noted above have been corrected or completed, a second final inspection will be scheduled to verify that the outstanding issues have been resolved and the Consultant can issue a "notice of final acceptance and recommendation for final payment ". All services related to the Final Completion Inspection shall be provided separately for Vanderbilt Beach MSTU: FPL Underground Conversion project: FP &L /Comcast, Landscape, Irrigation, and Incidental Restoration Installation. 3.2 — Final Construction Certification — Upon issuance of a "notice of final acceptance and recommendation for final payment" the Consultant will provide a Florida Registered signed and sealed certification by a professional Florida Licensed Consultant in responsible charge of the work provided by the Construction Inspectors stating that the "Project has been completed by the construction contractor in substantial accordance with the Plans and Specifications of the Contract Documents ". All services related to the Final Construction Certification shall be provided separately for Phase I - FP &L/Comcast, Landscape, Irrigation, and Incidental Restoration Installation as a result of the Phase I Project. TASK 4 - ASBESTOS INCIDENCES 4.1 - The Consultant will provide a Florida Licensed Asbestos Consultant (Chapter 471, Florida Statutes, Chapter 61G15, F.A.C.) experienced in asbestos abatement and related activities. The Consultant will also provide an inspector trained in asbestos awareness. 4.2 — If an incidence occurs where an underground asbestos utility main is damaged during construction, the Consultant's inspector may dictate suspension of the work and instruct the contractor to finish any measures to minimize any further damage to the facility at the construction site. The Consultant will provide a Florida Licensed Asbestos Consultant to review 27 RFP 11 -5724 the damage and provide recommendations for the proper repair of the damaged pipe and clean- up of any resulting asbestos containing debris. 4.3 — As part of the incident review and assessment, the Consultant may complete ambient air sample tests in the vicinity to measure the airborne asbestos fiber concentration and evaluate the measured asbestos fiber levels with respect to regulatory requirements and generally accepted health and safety standards (the contractor will provide personal asbestos air sampling for their employees if deemed necessary). 4.4 — The Consultant will visit the site upon completion of any measures or repairs to abate the pipe damage and resulting asbestos containing debris. 4.5 — The Consultant will prepare written report describing the incident with all pertinent information and documentation of the abatement and repair of the facility. 28 RFP 11 -5724 SCHEDULE B BASIS OF COMPENSATION TIME AND MATERIAL & LUMP SUM 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then - authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B1.1.1 All monthly status reports and invoices shall be mailed to the attention Of: Darryl Richard, Project Manager, 2885 S Horseshoe Drive, Naples, FI 34104 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses for Time and Materials Tasks, or on a Lump Sum basis in accordance with the terms stated below. Provided, however, in no event shall such compensation exceed the amounts set forth in the table below. TASK PHASE AMOUNT 1. Preconstruction (One time lump sum) E..916 2. Detailed Observation and $135,744 Documentation During Construction Time & Material Not To Exceed) 2.1 Reimbursable Items Not to Exceed 10 500 3. Concluding Construction Services (one $5,384 time lump sum) 4. Asbestos Abatement (only as needed, $6,000 estimate 5 or less incidences, not to exceed $1,200 per incidence TOTAL ESTIMATED PROJECT FEES $165,544 B.2.2. Time and Materials: Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B. B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. 29 RFP 11 -5724 B.2.4 Lump Sum: Payments will be made monthly upon percent complete of Task; however, payment shall not be due until all services associated with any such Task have been completed to OWNER'S reasonable satisfaction. Consultant's invoices shall show all Service items,and the percentage complete of each Task. B.2.5 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without OWNER'S prior written approval. B.2.6. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out -of- pocket expenses incurred in the performance of all such services. B.2.7 Notwithstanding anything in this Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and Reimbursable Expenses earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and the Project name and shall not be submitted more than one time monthly. B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum determined by multiplying the 30 RFP 11 -5724 applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner has determined CONSULTANT has completed such task as of that particular monthly billing. B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.5 Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark -up by the CONSULTANT, and shall consist only of the following items: 5. B.3.5.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. 6. B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from /to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.5.1.3. Permit Fees required by the Project. B.3.5.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.5.1.5 Expense of models for the County's use. B.3.4.1.6 Other items on request and approved in writing by the OWNER. END OF SCHEDULE B. 31 RFP 11 -5724 Attachment 1 to Schedule B CONSULTANTS HOURLY RATES PROFESSIONAL FEE SCHEDULE Principal Engineer .......................................... ............................... $195.00 per hour ProjectManager .............................................. ............................... $148.00 per hour Senior Landscape Architect ............................ ............................... $135.00 per hour Surveying Technician ...................................... ............................... $ 85.00 per hour SeniorInspector .............................................. ............................... $ 85.00 per hour Principal Surveyor ........................................... ............................... $145.00 per hour Administrative Assistant .................................. ............................... $ 65.00 per hour Subconsultants AsbestosEngineer ................................... ............................... $130.00 per hour Technician................................................ ............................... $ 80.00 per hour 32 RFP 11 -5724 SCHEDULE C PROJECT SCHEDULE Project shall be completed within seven (7) months from issuance of the Notice to Proceed. Any modification to this seven (7) month schedule shall be in writing in accordance with Purchasing Policy and Administrative Procedures. 33 RFP 11 -5724 SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self- insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 34 RFP 11 -5724 (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? _X Yes No 35 RFP 11 -5724 (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one, if applicable) X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X_ Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: 36 RFP 11 -5724 X General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self - insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self- insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his /her designee. (3) The OWNER, Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes No 37 RFP 11 -5724 (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: X Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: $ 500,000 each claim and in the aggregate X $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the 38 RFP 11 -5724 term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty - four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project- specific professional liability insurance policy in consideration for a 39 RFP 11 -5724 reduction in CONSULTANT'S self- insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. C. Current deductibles /self- insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D 40 AcoRr�® CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DDlYYYY) 3/14/2012 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 knS NAME: ton Neiert -utgert Insurance - Naples PHON o - 171 A/C No : - - 'O BOX 112500 E -MAIL Japles FL 34108 AoDREss: in INSURER A :T INSURED HOLEM -1 INSURER B: TINENTA A Hole Montes, Inc INSURERC:FCCI INS CO 17 HM &A Building & Trustee, LLC INSURER D: NTINENTAL INS 35289 P. O. Box 111629 Naples FL 34108 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1n�9n5'i94P REVISION NUMBER:1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLISUBRI INSR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY ) POLICY EXP (MMIDDIYYYYI LIMITS D GENERAL LIABILITY 2082970875 1/1/2012 /1/2013 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $100,000 MED EXP (Any one person) $5,000 CLAIMS -MADE � OCCUR PERSONAL 8 ADV INJURY- $1,000,000 X Contractual Liab X Broadened Cover GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 $ POLICY X PRO- LOC D AUTOMOBILE LIABILITY 2082970830 1/1/2012 /112013 Ea accident $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO - BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS PROPERTY e..,dent) DAMAGE $ NON -OWNED X HIRED AUTOS X AUTOS A UMBRELLA LIAB X OCCUR 2082970567 1/1/2012 /1/2013 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCESS LIAB CLAIMS -MADE DED X I RETENTION $0 $ C WORKERS COMPENSATION - AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNER /EXECUTIVE 11003 111/2012 /112013 X � STATU- OTH- T E.L. EACH ACCIDENT $500,000 OFFICER /MEMBER EXCLUDED? F_ (Mandatory in NH) N / A _ E.L. DISEASE - EA EMPLOYE $500,000 E.L. DISEASE - POLICY LIMIT $500,000 If yes, describe under DESCRIPTION OF OPERATIONS below B Professional Liability AEH113988730 /1/2012 /1/2013 Per Claim 2,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) ` "For any and all work performed on behalf of Collier County— *30 Days notice of Cancellation except 10 for Non - Payment of Premium. Collier County Government, Collier County Florida is Additional Insured with regards to General Liability on a Primary Non - Contributory Basis. Wavier of Subrogation included in favor of Additional Insured for General Liability. CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners 3301 Tamiami Trail East - Naples FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE © 1988 -2010 ACORD CORPORATION. All rights reserved ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD RFP 11 -5724 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Hole Montes, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Construction Engineer and Landscape Inspection Services and Site Restoration Services for Vanderbilt Beach MSTU: FPL Underground Conversion Phase 1, 2, 3 are accurate, complete and current as of the time of contracting. Hole Mon AN H. Hermanson, P.E.: TITLE: senior Vice President /Principal DATE: April 11, 2012 39 RFP 11 -5724 SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS Consultants: Title % • George Hermanson, P.E. Principal Engineer 5% • W. Terry Cole, P.E., Project Manager 19% • Theresa Artuso, R.L.A. /A.SL.A., LEE D, Landscape Architect 2% ■ Ben Nowell • Thomas Murphy, P.L.S. • Stephanie Karol Subconsultants: ■ Lindsey Weaver, P.E. ■ Matthew Hoffman, E.I. Surveying Technician 65% Principal Surveyor 2% Administrative Assistant 4% Licensed Asbestos Consultant 2% Technician 1 % REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. �r COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CCNA Solicitation RFP 11 -5724 - Construction Engineer and Landscape Inspection Services and Site Restoration Services for Vanderbilt Beach MSTU: FPL Underground Conversion Phase 1, 2, 3 Brenda Brilhart, Procurement Strategist (239) 252 -8446 (Telephone) (239) 252 -6697 (Fax) BrendaBrilhart@colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. PurchasiN Department - 3327 Tamiami Trail East • Naples, Florida 34112 4901 - www.colliergoa.neY urchasing CCNA (Revision 8/10) Table of Contents LEGALNOTICE ................................................................................ ..............................3 EXHIBIT 1: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT .......... 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS ................................. .............................16 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ..20 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP . .............................23 ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT ..... .............................30 ATTACHMENT 2: VENDOR CHECK LIST ...................................... .............................31 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT .............. .............................32 ATTACHMENT 4: VENDOR DECLARATION STATEMENT ........... .............................33 ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION ... .............................35 ATTACHMENT 6: VENDOR SUBSTITUTE W — 9 ........................................................ 36 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS ...........................37 ATTACHMENT 8: REFERENCE QUESTIONNAIRE ....................... .............................39 ATTACHMENT 9: Risk & Value Add Assessment Form Exhibit A — Project Phasing Map FPL Preliminary Plans Legal Notice Pursuant to approval by the County Manager, Sealed Proposals to provide Construction Engineer and Landscape Inspection Services and Site Restoration Services will be received until 3:00 p.m. Naples local time, on August 4, 2011 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. CCNA Solicitation RFP 11 -5724 Construction Engineer and Landscape Inspection Services and Site Restoration Services for Vanderbilt Beach MSTU: FPL Underground Conversion Phase 1, 2, 3 Services to be provided shall include, but not be limited to the following: Construction Engineering Inspection Services associated with the burial through trenching and directional boring of the Florida Power & Light/Comcast Utility lines. Landscape Architectural Site Restoration Services associated with the burial through trenching and directional boring of the Florida Power & Light/Comcast Utility lines. A pre - proposal conference will not be held for this solicitation. All statements shall be made upon the official proposal form which must be obtained only on the Collier County Purchasing Department E- Procurement website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Stephen Y. Carnell, C.P.M. Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G ", Collier County Government Center on July 12, 2011. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Growth Management Division Alternative Transportation Modes Department (hereinafter, the "Division or Department "), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County ") has issued this Request for Proposal (hereinafter, "RFP ") with the intent of obtaining proposals from interested and qualified firms in accordance with the terms, conditions, and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated herein. Brief Description of Purchase The Project includes the documentation of tasks. The consultant is to provide a pre- construction video of the right of way and properties directly adjacent to the right of way. The Project includes the restoration, construction, testing and repair of the Vanderbilt Beach MSTU: FPL Underground Conversion Phase 1, 2, 3 right of way and adjacent properties that are affected by the Florida Power and Light (FP &L) /Comcast work in accordance with plans and technical specifications prepared by FP &L /Comcast. The Project will commence according to the FP &L schedule. It is the County's intent to protect the existing asbestos water main and minimizing impact to the adjacent properties. (See Exhibit A: Project Phasing Plan) The design, construction, and implementation of Phase I will be installed by FP &L /Comcast. FP &L will begin and complete construction and Comcast will follow. The County plans to evaluate the operation of Phase I before, during, and after completion. (See Exhibit A: Project Phasing Plan) The Construction Engineer Inspection Services and Landscape Architect Site Restoration Services associated with the burial of the utility lines through trenching and directional boring consists of the following elements: 1. Documentation: Consultant to video tape work areas prior to construction provides photographs during construction of the work areas, and upon completion. 2. All of the existing FPL poles on Gulf Shore Drive to be removed by a subcontractor selected. Engineer consultant responsible for oversight and protection of the existing utilities and have all certifications associated with Asbestos abatement for asbestos water pipe. The landscape architect is to oversee the restoration of the right of way landscape, irrigation, and site repairs. 3. Protection of each pole site includes all other utility equipment and associated connections, control panels, existing paving, lighting, and landscaping. 4. Oversight and documentation of the installation of FP &UComcast conduit and boxes to be installed along Gulf Shore Drive. 5. There is an existing asbestos water main; caution must be taken not to damage the line. 6. Direction must be given to FP &UComcast to ensure the protection of the existing utilities, oversight of the FP &L /Comcast installation and documentation of all existing conditions in order to restore the landscape, irrigation, lighting, paving, and all other site amenities to its original condition. 7. Future screening of the proposed switch boxes and irrigation may be required. All new proposed landscape and irrigation plans must be designed by a Florida licensed landscape architect. 8. Oversight and documentation of direction bore logs and preparation of as -built drawings for new FP &L /Comcast directional bores, trenched pvc cross - connections, switch boxes, and all other associated equipment. 9. Working knowledge of all FP &L /Comcast plans, and agreements for work within the right of way. 10. FP &L /Comcast will be required to obtain a right of way permit. As -built record drawings will be required of each utility upon completion. It is the responsibility of the consultant to verify the as -built information prior to submittal (AutoCad and pdf format). Background The Vanderbilt Beach MSTU: FPL Underground Conversion Phase 1, 2, 3 provides hurricane protection and aesthetic improvements. There is an existing asbestos water main within the work zone requiring that the consultant is a State of Florida certified asbestos consultant under the rules and regulations of Chapter 469 of the Florida Statutes and Rule 61 E1 of the Florida Administrative Code. Detailed Scope of Work Construction Engineering Inspection Services associated with the burial of the FP &L /Comcast utility lines through trenching and directional boring. Landscape Architectural Site Restoration Services associated with the burial of the FP &L /Comcast utility lines through trenching and directional boring. The CEI services will include the following tasks: Task 1 — CEI Construction Video and Coordination of Project Task 2 — Detailed Construction Observation and Documentation Task 3 — CEI Project Management Services Task 4 — Additional Services TASK 9 — CONSULTANT (CEI) PRE - CONSTRUCTION VIDEO AND PHOTOGRAPHS 1.1 It shall be the Consultant's responsibility to provide a preconstruction video tape in DVD format documenting the condition of the project area prior to commencement of any work. This video tape should capture pre - project conditions of all private property adjacent to the proposed project area and public property in the right of way with the intent to document all existing conditions for use in resolving any post - project private or public property alleged damage claims. The video is to be submitted to the Project Manager prior to construction commencement for the Project file at no additional cost. 1.2 Pre - Construction Photographs: It is the consultant's responsibility to provide construction progress photographs that help visualize the worksite conditions. Photographs shall be taken prior to construction commencement, during and after all milestones and construction steps. These pictures must be in digital format, date stamped, 3 Mega pixels minimum resolution, in color, and submitted once a week on Wednesday via e-mail or recorded on a CD to the attention of the Project Manager. TASK 2 — DETAILED OBSERVATION AND DOCUMENTATION The Consultant will provide Construction Inspectors to observe all construction and testing activities related to the project, including work surrounding the existing asbestos pipe, installation of related utility boxes, existing driveways, landscape and irrigation systems, miscellaneous masonry and concrete work associated with the trenching and directional bore activity of the power line burial, and video and testing of existing utilities and improvements within the right of way. Construction documentation will be prepared on the day the construction activity takes place. All construction documentation and preparation of work orders associated with the restoration will be provided to the County not later than the first working day of the following week or more frequently if requested by the County. The Consultant will provide the following services. 2.1 - Construction Observation — The consultant will conduct on -site observations and inspections of all construction activities on the Project to ensure that all work is completed in accordance with the contract documents submitted to Collier County by FP &L /Comcast. The Consultant will inform an on -site representative of the construction contractor of any concerns related to conformance of the work with the contract documents (a concern or an issue) as an attempt to resolve any concern or issue on -site. If the concern or issue is not immediately resolved in the field, the Consultant shall inform the County about the concern or issue within four (4) business hours of the finding. On a twenty -four (24) hours basis, the Consultant may be required to travel to the site immediately to meet with the Project Manager, law enforcement or emergency personnel to resolve an emergency. The Contractor shall respond to a telephone, beeper and the return calls shall be made within one (1) hour of notification. There shall be no additional charge for these responses. The Consultant will be responsible for investigating the concern or issue and resolving the same through an oral or written directive to the construction contractor and so inform the County. This protocol will be initiated any time the Consultant becomes aware of any construction that is unsatisfactory, faulty or defective, does not conform to the Contract Documents, does not meet the requirements of any inspections, tests or approval required to be made, or has been damaged before final payment. 2.2 - Daily Log and Construction Documentation — Each Consultant will prepare a daily log recording all activities and details related to the work completed during each day on a form approved in advance by the County. Information will be recorded in the daily log on each day construction activities occur. The daily log entries will record all aspects of the construction during that day including, but not limited to: construction crew (labor) details, equipment used, materials used, compliance testing and inspection performed, site conditions, trench conditions, backfill material used, dewatering methods, compaction methods, location of the work, and all relevant details related to the Work. The Daily Log will reference the digital photographs and or video taken with appropriate file names and file locations. In addition to the construction details, the daily log will contain information related to: time and hours on the job site, weather conditions, data pertaining to questions of quantities of materials used, extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, observations in general and specific observations in more detail as in observing test procedures, conformance inspection of materials and fitting, name plate data for equipment and material installed, and other information requested by the County. The daily log, photograph files and other construction documentation will be provided to the County by the Consultant on a weekly basis on the first day of the week following the week of daily logs. 2.3 - Photographic Record — Each Consultant will provide a comprehensive digital photographic record of all construction activities related to the project. The digital file names will be referenced in the daily log along with a brief description of the photograph, the date and time of the photograph and the name of the photographer. The digital files will be transferred to a digital CD and submitted weekly to the County along with the construction documentation. The photographs will be printed in high resolution color, two captioned photos per 8'/" x 11" sheet, printed one side only. The prints will be provided to the County weekly with the construction documentation. Video will be provided in digital format. 2.4 - General Coordination —The Consultant will coordinate all activities related to the multiple - Beneficial Use of completed segments of the Project during Phase 1, between the construction contractor and the County. The Consultant will oversee substantial and final completion inspections, and prepare and maintain the punch list, including follow -up inspections to ensure that punch list items are corrected and /or completed. 2.5 - Observe Regulatory Agency Inspections — The Consultant will accompany visiting inspectors representing any regulatory agencies having jurisdiction over the Project and will record all discussions and the outcome of these regulatory inspections in the daily logs. 2.6 - Construction Progress Meetings — The Consultant will coordinate weekly progress meetings chaired by the County's Project Manager, with the construction contractor and the County to review project status and identify issues that may affect the Project. The Consultant will prepare a draft Agenda at least two days in advance of the each meeting and issue written meeting notes identifying a summary of the discussion, conclusions and any risks that have been encountered or are expected within two days after the meeting to the County and the construction contractor. 2.7 - Substantial Completion Inspections — The Consultant will conduct substantial completion inspections when requested by the construction contractor and coordinated with FP &L/ Comcast and recommends that the work is sufficiently complete to warrant a substantial completion inspection. During the substantial completion inspection the Consultant will prepare a punch list of items requiring completion or correction to the satisfaction of the County. The Consultant will be responsible for maintaining the punch -list and issuing updates to the punch - list on a weekly basis. The Consultant will coordinate and participate in the final walk- through to ensure that the punch -list items are completed to the satisfaction of the County. All services related to the Substantial Completion Inspection shall be provided separately for Vanderbilt Beach MSTU: FPL Underground Conversion project: FP &L /Comcast, Landscape, Irrigation, and Incidental Restoration Installation as a result of the Phase 1 Project. Coordinate close out of building and right of way permits 2.8 — Final Completion Inspection - Upon the request of the construction contractor and concurrence of the Consultant and the County, the Consultant will conduct final inspections of portions of the project, as they are finished to determine if construction has been completed in accordance with the Contract Documents and the construction contractor has fulfilled all obligations therein. Based on the results of the final inspection, the Consultant will judge the work complete or not complete. If the work is judged complete, the Consultant will issue a "notice of final acceptance and recommendation for final payment ". If the work is judged not complete, the Consultant will issue written instructions to the construction contractor identifying the work judged not complete. Upon provision of the construction contractor evidence or assurance that the deficiencies noted above have been corrected or completed, a second final inspection will be scheduled to verify that the outstanding issues have been resolved and the Consultant can issue a "notice of final acceptance and recommendation for final payment ". All services related to the Final Completion Inspection shall be provided separately for Vanderbilt Beach MSTU: FPL Underground Conversion project: FP &L /Comcast, Landscape, Irrigation, and Incidental Restoration Installation. 2.9 — Final Construction Certification — Upon issuance of a "notice of final acceptance and recommendation for final payment" the Consultant will provide a Florida Registered signed and sealed certification by a professional Florida Licensed Consultant in responsible charge of the work provided by the Construction Inspectors stating that the "Project has been completed by the construction contractor in accordance with the Plans and Specifications of the Contract Documents ". All services related to the Final Construction Certification shall be provided separately for Phase I - FP &L /Comcast, Landscape, Irrigation, and Incidental Restoration Installation as a result of the Phase I Project. TASK 3 — CE/ PROJECT MANAGEMENT SERVICES 3.1 - General Management and Oversight — The Consultant will provide support services customarily related to the construction observation and inspection of similar projects also including, but not limited to: a) Schedule and attend all progress meetings and conferences with the County and contractors. Prepare agenda and distribute meeting minutes. Coordinate all subsequent meetings, prepare agenda and distribute meeting minutes. Prepare a list of issues needing resolutions after every meeting and ensure that they are fulfilled. b) Attend monthly In- Progress Review (IPR) meetings with the County to update the Project Delivery Team on the status of the Project during construction. c) Participate in pre- construction coordination meetings with the County, FP &L /Comcast. Participate in other meetings as described or implied herein. Prepare and submit monthly construction summary reports to the County. d) Attend all project meetings in order to monitor progress, respond to field issues, communicate with the contractor, and coordinate communications with the contractor, project manager, and operational staff at County and DEP as needed. e) Respond to Requests for Information from the contractor within three working days. Coordinate requests with project manager and operational staff at Collier County. f) The consultant is to review and recommend the approval of payments due to the construction contractor for site restoration within the right of way. The Consultant's recommendation of any payment requested in an application for payment shall constitute a representation by the Consultant to the County as an experienced and qualified professional, that based on Consultant's onsite observations and inspections of construction in progress; that the construction quantities in the applications for payment accurately reflects the progress of the work and that the work is constructed in accordance with the Contract Documents. The Consultant will process pay requests in accordance with the Florida Prompt Payment Act. All incoming pay requests processed by the Consultant shall be mechanically stamped with the date received. Final pay requests will be processed by Collier County. g) Provide construction contract administration consisting of: 1. Review of payment applications, if needed. 2. Review of construction schedule updates and field progress. 3. Review of change order requests and preparation of change orders, if needed. 4. Assistance in administration of additional work under the Contract Allowance Bid item. 5. Review, preparation, implementation, and restoration of right of way site to the original condition. 6. Review record drawings for completeness and accuracy on a daily basis. h) Coordinate all construction field activities with the County staff with adequate notification and coordination. i) Coordinate all issues with the Owner, FP &L /Comcast, other Utilities that may bury their lines during the timeframe (Fibernet, Nuvu) and property owners who have been negatively affected by the construction. This will involve the restoration of those affected areas. Provide timely review, recommendations and approval of shop drawings and submittals. j) Respond to Requests for Information from the contractor within three working days. Coordinate requests with the project manager, operational staff at Collier County and DEP staff, as needed. k) The Consultant will provide such field testing and verification that all materials, equipment and supplies installed or utilized on the Project are in full accordance with the Contract Documents and approved Shop Drawings provided by the Consultant. 1) Conduct daily fulltime site observation of construction and provide daily reports with photographs to the County. m) Provide a professional State of Florida registered engineer(s)( Chapter 471, Florida Statutes, Chapter 61G15 Florida Administrative Code) and State of Florida registered Landscape Arch itect(s) (Chapter 481, Part II, Florida Statutes, Chapter 61G10 Florida Administrative Code) as needed to prepare work orders and inspections for field progress. The engineer is to possess all DEP asbestos certifications and related experience. The landscape architect is responsible for preparation, implementation, and acceptance of restoration work associated with the burial of power lines. n) Within one week after the construction contractor notifies the Consultant and the County that the Work on the Project (for each Phase) is substantially complete in accordance with the contract documents, the Consultant will provide a signed and sealed certification by a professional consultant registered in the State of Florida, that the Work was done under his supervision and performed in accordance with the contract documents, including all approved shop drawings and change orders for each licensed discipline. o) The firm's staff assigned to this project must be available 2417 during the duration of the project. 3.2 — Coordination of Shop Drawings, Contract Interpretations and Clarifications — The Consultant will coordinate with the issuance of interpretations and clarifications of Contract Documents during construction. The consultant shall be responsible for technical review and decisions regarding interpretation and clarification of Contract Documents. The Consultant shall coordinate decisions and responses with the construction contractor. 3.3 - Monitor Project Records — The Consultant shall monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. 3.4 — As Constructed Field Drawings — Each Consultant shall maintain red pencil "mark -up" notations and sketches on full size construction plans that reflect the actual details of constructed facilities. These Constructed Field Drawings will be used by the Consultant to validate the "As Built" documentation provided by the construction contractor. The Consultant will notify the construction contractor of any differences in the documents maintained by the general contractor for resolution by the County. TASK 4 — ADDITIONAL SERVICES 4.1 — Additional Services (as authorized) — This Scope of Services is intended to describe all activities related to the construction observation and inspection services to ensure that the Project is constructed in full accordance with the Contract Documents including the plans and specifications prepared by FP &L /Comcast. Project Phase Plan is as follows: Phase I (one): Gulf Shore Drive from Vanderbilt Beach Road to Bluebill Avenue, including side streets Seabreeze Avenue, Channel Drive and Bayview Avenue. ( +/- 10,000 linear feet) Phase II (two): Phase II shall include the following streets: Vanderbilt Beach Road from Gulf Shore Drive to Vanderbilt Drive, S. Bay Drive, Gulf Shore Court, and Center Street. (4,700 linear feet) and Bluebill Avenue from Gulf Shore Drive to Vanderbilt Drive (2,701 linear feet) Phase III (three): Vanderbilt Drive from Vanderbilt Beach Road to Bluebill Avenue, Palm Court, Oak Avenue, Pine Avenue, Bay Side, Lagoon Avenue, Tradewinds, Willet Avenue, Seagull Avenue, German Avenue, Seabee Avenue, Conners Avenue, Egret Avenue, Heron Avenue, and Flamingo Avenue (22,850 linear feet). Phase IV (four): Vanderbilt Drive from Bluebill Avenue, northerly to just south of the intersection with Wiggin's Pass Road (7,900 linear feet). The contract phases may be amended, dependent Project Manager approval and budget availability. In the event that other services related to the burial of the power line and restoration of the existing site may arise during the course of the work, but were not envisioned as part of the original or amended scope of work; the Consultant shall submit a proposal to perform Additional Services prior to the performance of the work. The proposal shall include the specific services to be performed, time to complete, compensation, and an explanation as to why the services were not previously envisioned as part of the scope of work. The proposed Additional Services must be approved by the County's Project Manager in writing in advance of performance of said Additional Services. Failure to notify the County in writing of Additional Services shall be deemed a waiver of any claim by the Consultant that such services were Additional Services. Written authorization from the County will be required for any charges that exceed the predetermined upper limit. Term of Contract The contract term, if an award is made it is intended to be for one year with three (1) year renewals. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice 7112111 10 Last Date for Receipt of Written Questions 5:00 pm 7/28/11 Non - mandator re- solicitation meeting N/A Addendum Issued By 7/28111 Solicitation Deadline Date and Time 3:00 pm 8/4/11 Anticipated Evaluation of Submittals Aug 2011 Anticipated Completion of Contract Negotiations Aug 2011 Anticipated Board of County Commissioner's Approval Date Sept 2011 Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that if the contract is awarded the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non- responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in the RFP. All proposals should be presented as described in the RFP in PDF or Microsoft Word format with Tabs clearly marked. If applicable, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. 1) Tab I, Cover Letter / Management Summary Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. 2) Tab II: Project Understanding (30 points, 3 pages maximum). Complete and submit Risk and Value Add form — see Attachment 9. The proposal will be assessed -1 point for each additional page over the described limit. The following should be addressed: • Proposer shall include a description of how the project will be approached. • Include options to be considered and the issues to be resolved. • Specifically address how the CEI team will track the Contractor's actual progress against baseline schedule so that it will comply with the project requirements. • Present solutions to any anticipated issues. • Provide the methods to be used in identifying existing utilities and avoiding construction conflicts. W Identify and prioritize the risks (list the greatest risks first) that may be a pediment to the success of the identified scope of work. The proposer may add /delete additional rows to identify additional risks, solutions, and value added options, but do not exceed the 3 -page limit. The page limit includes Risk Assessment and Value Added items, combined. The Selection Committee shall review the Risk and Value Add Assessment and will score each vendor's submittal in this Tab I by assigning the following value: • 1 = risk and value add documentation is not significant / not dominant (points awarded 1); • 15 = risk and value add documentation is average significance / dominance (points awarded 15) ; or • 30 = risk and value add documentation is significant / dominant (points awarded 30). 3) Tab III: Firm Profile and Assigned Staff Experience Profile (30 points, 5 Page Maximum) Provide information that document's your firm's qualification to produce the required deliverables, including abilities, capacity, skill and financial strength in response to the items below. 1. Identify the number of the firm's licensed engineer(s) who also maintain DEP asbestos certification and experience. 2. Number of years of Florida experience that the team has with DEP asbestos abatement. 3. Number of similar CEI project in Collier and Lee County from 1/1/06 — 12/31/10 (with a construction value of $1M or more). • Attach a summary of 10 %, or five (5) of the company's projects identified in #2 as back -up. 4. Number of roadway utility construction design or CEI projects in Collier and Lee County from 1/1/06 — 12/31/10 that includes FDOT and DEP requirements (with a construction value of $1 M or more). • Attach a summary of 10 %, or five (5) of the company's projects identified in #3 as back -up. 5. Identify the number of technical staff assigned to this project (including, but not limited to engineers (specify discipline), landscape architects, supervisors, estimators, inspectors) if awarded a contract for this RFP. • Attach a summary five (5) of the landscape architect (or company's) projects identified in #4 as reference. TOTAL (add 1 + 2 + 3 + 4) Include resumes of proposed technical staff identified in item number 4 above. • Name and title • Job assignment for other projects • Percentage of time to be assigned full time to this project • How many years with this firm • How many years with other firms 12 Experience — Types of projects, size of projects (dollar value and SF of project), describe specifics of project involvement Education • Active registration (P.E., etc.) Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area in the requested information 1 — 4 above: • The County shall list the TOTAL Firm Profile and Assigned Staff Experience Profile by firm from highest TOTAL to lowest TOTAL. • The highest number of points (40) will be awarded to the firm who has the greatest TOTAL. • The next highest firm's TOTAL will be divided by the highest firm's TOTAL which will then be multiplied by 40 points to determine the next firm's Points Awarded. Each subsequent firm's TOTAL will be calculated in the same manner. • Points awarded will be extended to the first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the six proposers. Firm Name Firm's TOTAL Points Awarded Vendor 123 375 30 Vendor456 350 28 Vendor 789 225 18 Vendor101 225 18 Vendor 201 111 8.9 The Points Awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completeness of all responses in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, adjust the points awarded after a thorough review of the proposal and prior to final ranking by the Selection Committee 4. Tab IV, Experience and Capacity of Firm (20 Points Maximum /5 Page Limitation) Provide information that documents your firm's and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength in providing the required services. Also describe the various team members' successful experience in working with one another on previous projects. On a separate page, describe the nature of the changes, and were the changes owner or consultant initiated. List Current Pro'ects in the Format Identified Below Project Description Start Date End Date Original Budget Final Project Cost Number of Change Orders & Dollar Amount 13 5) Tab V, Office Location & Responsiveness (Maximum 10 Points /1 Page Limit) Rating will be based on ease of contract administration and responsiveness both during the project and after the project is completed. The proposer with the Project Coordinator located in Southwest Florida (i.e., Collier, Charlotte, Hendry or Lee Counties) will receive 10 points. Proposers' principal offices and /or key personnel in other areas will receive fewer points 6). Tab VI, References — 5 Completed and Returned (10 Points Maximum) In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. Provide at least three (3) different project manager references. The County will only use the methodology calculations for the first five (5) references (only) submitted by the vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total each of the vendor's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score. • The next highest vendor's number of points will be divided by the highest vendor's points which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's point score will be calculated in the same manner. • Points awarded will be extended to the first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Vendor Name Vendor Total Reference Score points Awarded Vendor ABC 445 10 Vendor DEF 435 9.8 Vendor GHI 425 9.6 Vendor JKL 385 8.7 Vendor MNO 385 8.7 Note: Sample chart reflects a 10 point reference criterion. The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references, and /or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 6. Tab VI, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance 14 requirements or any other requirements listed in the RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and /or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. 1. Tab VII, Required Form Submittals • Attachment 2: Vendor Checklist • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Form' • Attachment 5: Immigration Affidavit and company's E- Verify profile page and memorandum of understanding • Attachment 6: Vendor Substitute 9 • Attachment 7: Insurance Requirements • Attachment 8: Reference Questionnaire • Other: Licenses, certifications, etc. 15 Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department E- Procurement website: www.collier.gov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department E- Procurement website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre - Proposal Conference The purpose of the pre - proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre - proposal conference for this solicitation. If this pre - proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and /or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 3:00 pm, Naples local time, on or before August 4, 2011 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Brenda Brilhart, Procurement Strategist IN The County shall not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and /or time indicated, or to an incorrect address by Vendor's personnel or by the Vendor's outside carrier. However, the Purchasing /General Services Director, or designee, shall reserve the right to accept proposals received after the posted close time under the following conditions: The tardy submission of the proposal is due to the following circumstances, which shall include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit five (5) paper copies with one copy clearly labeled "Master," and one (1) compact disks (CD's) with one copy of the proposal on each CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 87 -25, and Collier County Resolution Number 2006 -268 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals Collier County will evaluate and select these Services in accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. The County's procedure for selecting is as follows: 1. The County Manager shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist and Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings shall be open to the public and the Procurement Strategist shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance of all such meetings. S. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. 17 Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Procurement Strategist shall also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. Collier County will consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request presentations. 8. The Selection Committee, as approved by the County Manager, will review, evaluate and rank all responsive proposals received from Proposers responding to this RFP. The committee members shall score each Proposal in accordance with the rating criteria set forth below and may, at their discretion, schedule presentations from any firms submitting a proposal. The Selection Committee will rank qualified firms in order of preference and by consensus using all information presented to the Committee, choose the top ranked firm and will subsequently enter into negotiations with the top ranked firm. Award of the contract is dependent upon the successful and full execution of a mutually agreed contract. 9. Negotiations shall begin with the top- ranked firm(s) in accordance with Florida Statute 287.055. 10. Upon the successful completion of negotiations, contracts will be presented to the Board of County Commissioners for approval. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and /or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references submitted as a result of this solicitation. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Evaluation Criteria Points Project Understanding 30 Firm Profile 30 Experience & Capacity 20 Office Location & Responsiveness 10 Customer and Reference Listing 10 TOTAL 100 18 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the Vendor, subject to verification at the County's option. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re- solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re- advertise using the same or revised documentation, at its sole discretion. 19 2. 3. 4 Exhibit III: Collier County Purchase Order Terms and Conditions Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and /or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and /or services, or any similar act by VENDOR. Inspection All goods and /or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and /or services provided early in the term of the Purchase Order are non - conforming or otherwise rejected by the COUNTY. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and /or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act," and, pursuant to the Board of County Commissioners Purchasing Policy. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and /or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 20 1.1 9 Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and /or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. Warranties VENDOR expressly warrants that the goods and /or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and /or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and /or services to be provided hereunder. 11. Warranty of Non - Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and /or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non - infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non - exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be fully 21 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 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. 22 Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance and Bonding Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests' provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and /or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 23 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and /or Services During the contract term, Collier County reserves the right to add related items and /or services upon negotiation of a satisfactory price by the Project Manager and Vendor. 5. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 50% or more of the solicitation amount for said work. 5. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities /project site during and after each work assignment the Vendor is performing. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts /agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and /or service agreements or other documents provided by the Vendor. 7. Site Inspection If services to be provided involve or are related to a physical site(s), including, but not limited to: design services for construction, physical monitoring, environmental studies, inspections or other similar activities, prior to submission of proposal, proposers shall visit the site(s) with the County project 24 manager to become familiar with local conditions that may in any manner affect performance of the Work. This site visit shall be documented in writing by the proposer with sign -off by the County project manager; this documentation shall be submitted with the proposal. The proposal will be deemed non- responsive if the site visit documentation is not presented to the County in the proposer's submitted proposal materials. Upon award of the contract, subsequent site visits shall be at intervals appropriate to the stage of the project, as determined by the County project manager. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to this Agreement as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the awarded proposer, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Collier County, in its sole discretion, will determine the method of payment for goods and /or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. Collier County cautions vendors to consider both methods of payment when determining pricing as no additional surcharges or fees will be considered (per Rules for VISA Merchants and MasterCard Merchant Rules). The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests shall be submitted to the Project Manager on a monthly basis by the Vendor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices must be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and /or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- 25 payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 9. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and /or right -of -way for the purpose of inspection of any Vendor's work operations. This provision is non - negotiable by any department and /or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 10. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non - responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license /registration will need to be renewed thereafter to remain "active" in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252 -2477. 11. Principals /Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is /are named therein and that no person 26 other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 12. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 13. Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 14. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.org /search.html). A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub - consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub - consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non - responsive and rejected from further consideration. In addition, consultants that have participated and /or will participate in the development of scope, background information or oversight functions on this project are precluded from submitting a Proposal as either a prime or sub- consultant. 27 17. Protest Procedures Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. 18. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 19. Security and Background Checks If required, Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 20. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 21. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified 28 period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 22. Immigration Law Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If the Bidder does not comply with providing the acceptable E- Verify evidence and the executed affidavit the bidder's proposal may be deemed non - responsive. Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http: / /www.dhs.gov /E- Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 29 Attachment 1: Vendor's Non - Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to CCNA Solicitation RFP 11 -5724 - Construction Engineer and Landscape Inspection Services and Site Restoration Services for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications /scope of work. ❑ Specifications /scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 30 a e Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Brenda Brilhart, Procurement Strategist CCNA Solicitation: RFP 11 -5724 - Construction Engineer and Landscape Inspection Services and Site Restoration Services ❑ The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER- DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 31 r • Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and /or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and /or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and /or agents) agrees to immediately notify in writing the Purchasing /General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and /or project duration. Firm: Signature and Date: Print Name Title of Signatory State of _ County of _ SUBSCRIBED AND SWORN to before me this by Notary Public day of 12011, who is personally known to me to be the for the Firm, OR who produced the following identification My Commission Expires. 32 i Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation: RFP 11 -5724 - Construction Engineer and Landscape Inspection Services and Site Restoration Services Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by CCNA Solicitation listed above: IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 2011 in the County of , in the State of Firm's Legal Name: Address: City, State, Zip Code Florida Certificate of Authority Document Number Federal Tax Identification Number Telephone: FAX: Signature by: (Typed and written) Title: 33 Additional Contact Information Send payments to: (required if different from Company name used as payee above) Contact name: Title: Address: City, State, ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: 34 Co ler County Adff%ntsrdbve Servces Omsion Purchasing Attachment 5: Immigration Affidavit Certification CCNA Solicitation: RFP 11 -5724 - Construction Engineer and Landscape Inspection Services and Site Restoration Services This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E- Verify program may deem the Vendor / Bidder's proposal as non - responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal. Company Name Print Name Title Signature State of County of Date The foregoing instrument was signed and acknowledged before me this day of 2011, 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 guarantee, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 35 C'.17er CerUxzty AdmmstMve Servnes DMscn Pumhasing Attachment 6: Vendor Substitute W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the County notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address State Telephone FAX Order Information Address City State Zip FAX Email 2. Company Status (check only one) City Zip Email Remit/ Payment Information Address city State FAX Email Zip _Individual / Sole Proprietor _Corporation _Partnership _Tax Exempt (Federal income tax - exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number 36 Adn-dnistmhe Services DMSK)n Purchasing Attachment 7: Insurance and Bonding Requirements nee / Bond Type ed Limits ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements ® Employer's Liability $1,000,000 single limit per occurrence ® Commercial General Liabil Bodily Injury and Property Damage rence Form) patterned after the c .m $1,000,000 single limit per occurrence ® indemnification To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non - owned /Hired; Automobile Included ® Other insurance as noted: ❑ Watercraft $ Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ® Professional Liability $1,000,000 Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate ❑ Project Professional Liability ❑ Valuable Papers Insurance Per Occurrence $ Per Occurrence 37 ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. ❑ Performance and Payment For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A2 or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Vendor Signature Print Name Insurance Agency Agent Name Date Telephone 38 Number ; Cv er (2�D".ftty Adrrm selves Omscri Purrnasnq Attachment 8: Reference Questionnaire Solicitation: RFP 11 -5724 - Construction Engineer and Landscape Inspection Services and Site Restoration Services Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm /individual again) and 1 representing that you were very unsatisfied (and would never hire the firm /indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Project Budget: Change Orders - Dollars Added : Completion Date: Project Number of Days: Change Orders - Days Added: Item Citeria _ Score 1 Ability to manage the project costs minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manse personnel. 6 Close out project process (final product turnover; invoices; manuals or going forward documentation, etc. 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow County policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By 39 Attachment 9: Risk and Value Add Assessment This template must be used. Please identify and prioritize the risks (list the greatest risks first) that may be a pediment to the success of the identified scope of work. The proposer may add /delete additional rows to identify additional risks, solutions, and value added options, but do not exceed the page limit. The three page limit includes Risk Assessment and Value Added items, combined. Major Risk Items Risk 1: Solution: Risk 2: Solution: Risk 3: Solution: Risk 4: Solution: Value Added Options Proposers should identify any value added options or differentials that they are proposing, and include a short description of how it adds value to the completion of this scope of work. Identify if the items will increase or decrease the County's scope of work schedule. The proposer may add /delete additional rows to identify additional risks, solutions, and value added options. The 3 -page limit includes Risk Assessment and Value Added items, combined. Item 1: Impact: Item 2: Impact: Schedule (Days) Schedule (Days) Item 3: Impact: Schedule (Days) Item 4: Impact: Schedule (Days) 40 EXHIBIT A PROJECT PHASING MAP NOTE: This exhibit is for the purposes of Phase One Project only. Final Boundary for Phases 2, 3, and 4 may vary due to FPL power configuration requirements after final design plans are produced. IGGINS PASS a o .a u J L a W O f ;' U X 111 TH AVENUEI - LU 0 r. U 4, LEGEND: -' � W ® PHASE ONE ® PHASE TWO � j J PHASE THREE m PHASE FOUR W O Z N J N W E — -- s �AC�R�AD DRAWN BY: DARRYL RICHARD, MSTU PROJECT MANAGER, ATM DEPARTMENT; DATE: 02 -07 -11