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Agenda 04/26/2016 Item #16A 7
4/26/2016 16.A.7. EXECUTIVE SUMMARY Recommendation to award Agreement No. 15-6456 for Construction Engineering and Inspection (CEI) for Local Agency Program (LAP) funded projects to Aim Engineering & Surveying, Inc.; "Construction Engineering and Inspection (CEI) Services for LAP Funded Projects." Growth Management Grant Fund 711. OBJECTIVE: To award a CEI contract to procure professional Construction Engineering Inspection(CEI) Services from Aim Engineering & Surveying, Inc. for LAP funded projects. CONSIDERATIONS: On September 30, 2015, the Collier County Growth Management Department, through its Transportation Engineering Division, issued RFP No.15-6456 and requested proposals from professional engineering consulting firms pre-qualified by the Florida Department of Transportation (FDOT) to provide CEI services for these projects. One thousand three hundred and twelve (1,312) notices of the RFP were sent out and fifty-nine (59) were downloaded. Five proposals were received. On December 2, 2015, a selection committee short- listed five (5) firms based on an evaluation of the technical proposals. On January 12, 2016, the Board approved the short list and authorized negotiations to commence with the top ranked firm, Aim Engineering& Surveying, Inc. Staff and Aim Engineering & Surveying, Inc., negotiated the consultant's personnel hourly rates; Schedule B (pp 110-120 of Agreement 15-6456), subject to Board approval, to provide CEI services for nine FDOT LAP projects listed in Exhibit D of the contract. FISCAL IMPACT: Funding is available in the Growth Management Grant Fund 711. The funding source is the Federal Highway Authority (FHWA); whereby, these grant dollars are passed through the Florida Department of Transportation via the LAP agreement. Local funding may be utilized as needed should grant funding be insufficient to cover the related costs. Sources of funding may include,but are not limited to, Gas Tax and General Fund. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is approved as to form and legality, and requires majority vote for approval.—SRT RECOMMENDATION: To award Agreement No.15-6456 for CEI services to Aim Engineering & Surveying, Inc. and authorize the Chairman to sign and execute the agreement after final review by the County Attorney's Office. Prepared by: Daniel G. Hall, P.E., Sr. Project Manager, Transportation Engineering Division, Growth Management Department Attachment: 1) Agreement No. 15-6456 http://apps3.colliengov.net/agenda/ftp/20I 6BCCMeetings/AgendaA.pri12616/GrowlhM int/Agree ment 15-6456.pdf Packet Page -484- 4/26/2016 16.A.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.7. Item Summary: Recommendation to award Agreement No. 15-6456 for Construction Engineering and Inspection (CEI) for Local Agency Program (LAP) funded projects to Aim Engineering &Surveying, Inc.; "Construction Engineering and Inspection (CEI) Services for LAP Funded Projects." Growth Management Grant Fund 711. Meeting Date: 4/26/2016 Prepared By Name: Daniel Hall Title: Project Manager, Senior,Transportation Engineering&Construction Management 3/15/2016 1:49:32 PM Submitted by Title: Project Manager, Senior,Transportation Engineering&Construction Management Name: Daniel Hall 3/15/2016 1:49:34 PM Approved By Name: BrilhartBrenda Title: Procurement Specialist,Procurement Services Date: 3/18/2016 11:19:54 AM Name: JohnsonScott Title: Manager-Procurement,Procurement Services Date: 3/18/2016 2:11:13 PM Name: AhmadJay Title:Division Director-Transportation Eng,Transportation Engineering&Construction Management Date: 3/21/2016 9:50:50 AM Name:NauthRookmin Title: Management/Budget Analyst, Capital Construction&Maintenance Budget/Fiscal Date: 3/21/2016 10:21:15 AM Packet Page -485- 4/26/2016 16.A.7. Name: Khawaj aAnthony Title: Chief Engineer-Traffic Operations,Traffic Operations Date: 3/22/2016 3:38:32 PM Name: LynchDiane Title: Supervisor-Operations,Road Maintenance Date: 3/24/2016 10:32:55 AM Name: MarkiewiczJoanne Title: Division Director-Procurement Services,Procurement Services Date: 3/28/2016 11:42:03 AM Name: KearnsAllison Title: Manager-Financial&Operational Sprt, Capital Construction&Maintenance Budget/Fiscal Date: 3/29/2016 11:53:00 AM Name: ShueGene Title: Division Director-Operations Support, Growth Management Department Date: 3/30/2016 10:04:08 AM Name: TeachScott Title:Deputy County Attorney, County Attorney Date: 3/30/2016 10:26:40 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Administration Date: 3/31/2016 2:53:44 PM Name: OberrathKaren Title: Accountant, Senior,Grants Management Office Date:4/6/2016 4:55:57 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/14/2016 4:27:21 PM Name: StanleyTherese Title: Manager-Grants Compliance,Grants Management Office Date: 4/18/2016 1:33:28 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/18/2016 2:07:39 PM Packet Page -486- 4/26/2016 16.A.7. Name: CasalanguidaNick Title:Deputy County Manager, County Managers Office Date: 4/19/2016 5:11:30 PM Packet Page -487- Contract # 15 -6456 "CEI Services for LAP Funded Projects" [GRANT FUNDED] FIXED TERM CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this day of 2016, 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 AIM Engineering & Surveying, Inc., authorized to do business in the State of Florida, whose business address is 5300 Lee Boulevard, Lehigh Acres, Florida 33971 (hereinafter referred to as the "CONSULTANT "). W I T N E S S E T K WHEREAS, it is in the best interests of OWNER to be able to obtain professional Construction Engineering Inspection (CEI) services expeditiously when a need arises in connection with a Collier County project; and WHEREAS, Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act), makes provisions for a fixed term contract with a firm to provide professional services to a political subdivision, such as the County; and WHEREAS, OWNER has selected CONSULTANT in accordance with the provisions of Section 287.055, Florida Statutes, to provide professional Construction Engineering Inspection (CEI) services on a fixed term basis as directed by OWNER for such projects and tasks as may be required from time to time by OWNER. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE 1 CONSULTANT'S RESPONSIBILITY 1.1 From time to time upon the written request or direction of OWNER as hereinafter provided.. CONSULTANT shall provide to OWNER professional Construction Engineering Inspection (CEI) services (hereinafter the "Services ") as herein set forth. The term "Services" includes all Additional Services authorized by written Amendment or Change Order as hereafter provided. 1.2 All Services to be performed by CONSULTANT pursuant to this Agreement shall be in conformance with the scope of services, which shall be described in a Work Order issued pursuant to the procedures described herein. The form of the Work Order is set forth in attached Schedule A and will be issued as lump sum, not to exceed price. Reference to the term "Work Order" herein, with respect to authorization of Services. includes all written Amendments or Change Orders to any particular Work Order. CONSULTANT acknowledges and agrees that each individual Work Order shall not exceed $200,000 unless otherwise approved in writing by the Board of County Commissioners. The expenditure limit is $1,500,000 for the entire term of the contract. 1.2.1 All Services must be authorized in writing by OWNER in the form of a Work Order. CONSULTANT shall not provide any Services to OWNER unless and to the extent they are required in a written Work Order. Any Services provided by CONSULTANT without a written Work Order shall be at CONSULTANT'S own risk and OWNER shall have no liability for such Services. 1.2.2 As OWNER identifies certain Services it wishes CONSULTANT to provide pursuant to the terms of this Agreement, OWNER shall request a proposal from CONSULTANT for such Services, said proposal to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Work Order shall be prepared which incorporates the terms of the understanding reached by the parties with respect to such Services and if both parties are in agreement therewith, they shall jointly execute the Work Order. ON 1.2.3 Upon execution of a Work Order as aforesaid, CONSULTANT agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Work Order. 1.2.4 It is mutually understood and agreed that the nature. amount and frequency of the Services shall be determined solely by OWNER and that OWNER does not represent or guarantee unto CONSULTANT that any specific amount of Services will be requested or required of CONSULTANT pursuant to this Agreement. 1.2.5 CONSULTANT shall have no authority to act as the agent of OWNER under this Agreement or any Work Order, or to obligate OWNER in any manner or way. 1.2.6 All duly executed Work Orders (including all written Amendments or Change Orders thereto) are hereby incorporated into and made a part of this Agreement by reference. 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 hereby designates Jerron K. Hull, P.E., Chief Executive Officer, as its Principal in Charge (hereinafter referred to as the "Principal in Charge ") with full authority to bind and obligate CONSULTANT on all matters arising out of or relating to this Agreement. In each Work Order CONSULTANT will designate a qualified licensed professional to serve as CONSULTANT'S 3 nAr project coordinator for the Services to be provided under that Work Order (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 the Work Order. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to the Work Order. The CONSULTANT agrees that the Principal in Charge and the Project Coordinators shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT under the Work Order. CONSULTANT further agrees that the Principal in Charge and Project Coordinators shall not be removed by CONSULTANT 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 Principal in Charge or any 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 any of the Services pursuant to the requirements of this Agreement or any applicable Work Order, 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 and experience in the type of professional Construction Engineering Inspection (CEI) services that will be required under this Agreement. 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 but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by 4 CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(d) and (3) as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. In the event of any conflicts in these requirements, the 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 any design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful completion of the Services required under the subject Work Order. 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 5 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 common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement - EOP.. etc), and adhere to industry standard CAD specifications. ARTICLE 2 ADDITIONAL SERVICES OF CONSULTANT 2.1 If authorized in writing by Owner through an Amendment or Change Order to a Work Order, CONSULTANT shall furnish or obtain from others Additional Services beyond those Services I originally authorized in the Work Order. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment or Change Order 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 Procurement Ordinance and Procedures in effect at the time such services are authorized. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment or Change Order to the subject Work Order 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 Services originally required of CONSULTANT under the subject Work Order. 2.2 If OWNER determines that a change in a Work Order is required because of the action taken by CONSULTANT in response to an emergency, an Amendment or Change Order 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 the subject Work Order. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 For each Work Order, OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the Services to be rendered under the Work Order (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 under the Work Order. However, the Project Manager is not 7 �r 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 as set forth in the Work Order; (b) The time the CONSULTANT is obligated to commence and complete all such Services as set forth in the Work Order, or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT as set forth in the Work Order. 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 Services specified in the Work Order, 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 Services specified in the Work Order, including existing drawings. specifications, shop drawings, product literature, previous reports and any other data relative to the subject Work Order; (d) Arrange for access to and make all provisions for CONSULTANT to enter the site (if any) set forth in the Work Order to perform the Services to be provided by CONSULTANT under the subject Work Order: 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 4 TIME 4.1 Each Work Order will have a time schedule ( "Schedule ") for the performance of the Services required under the subject Work Order. Said Schedule shall be in a form and content satisfactory to OWNER. Services to be rendered by CONSULTANT shall be commenced, performed and completed in accordance with the Work Order and the Schedule. Time is of the essence with respect to the performance of the Services under each Work Order. 4.2 Should CONSULTANT be obstructed or delayed in the prosecution or completion of the 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 Unless otherwise expressly provided in the Work Order, 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. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to the 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. 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 7 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 under this Agreement (including any and all Work Orders) 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 any particular Work Order 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. 4.6 The period of service shall be from the date of execution of this Agreement through two (2) year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement may be renewed for an additional three (3) one year renewals. Any such annual renewal shall be agreed to, in writing, by both parties. ARTICLE 5 COMPENSATION 5.1 Lump Sum compensation and the manner of payment of such compensation by the OWNER for Services rendered hereunder by CONSULTANT shall be as prescribed in each Work Order. CONSULTANT agrees to furnish to OWNER, after the end of each calendar month, or as specified in the Work Order, a statement of charges for the Services performed and rendered by CONSULTANT during that time period, and for any OWNER authorized reimbursable expenses as herein below defined, incurred and /or paid by CONSULTANT during that time period. The monthly statement shall be in such form and supported by such documentation as may be required by OWNER. All such statements shall be on CONSULTANT'S letterhead and shall indicate the Contract Number, Work Order Number, Purchase Order Number and Project Site description (if any). 5.2 Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from the County to the Consultant; and, as a business practice there are no hourly or io ' U material invoices presented, rather, the Consultant must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. The hourly rates as set forth and identified in Schedule B which is attached hereto, are to used only for negotiation, as required by the grantor agency, however is not to be constructed as time and material, or as a requirement for backup documentation to lump sum proposals, work orders, and subsequent invoices. The hourly rate schedule may be updated by mutual agreement on an annual basis, in conjunction with the annual renewal of this Agreement provided for in paragraph 4.6 above, as directed by OWNER. 5.2.1 OWNER agrees to reimburse CONSULTANT for all necessary and reasonable reimbursable expenses incurred or paid by CONSULTANT in connection with CONSULTANT'S performance of the Services, at its direct cost with no markup; to the extent such reimbursement is permitted in the Work Order and in accordance with Section 112.061, F.S., or as set forth below. 5.2.2 Reimbursable expenses shall be invoiced for the expenditures incurred by the CONSULTANT as follows. 5.2.2.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Contract - related mileage for trips that are from /to destinations outside of Collier or Lee Counties approved by OWNER. 5.2.2.2. Expenses for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications, including duplicate sets at the completion of each Work Order for the OWNER'S review and approval. 5.2.2.3. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. iii 5.2.2.4. Expense of models for the OWNER'S use. 5.2.2.5. Fees paid for securing approval of authorities having jurisdiction over the Work Order required under the applicable Work Order. 5.2.2.6. Other items on request and approved in writing by the OWNER. 5.2.3 CONSULTANT shall obtain the prior written approval of OWNER before incurring any of the aforesaid reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. 5.3 CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. Established overhead and indirect rates will not be capped. 5.4 Prior to issuing any Work Order pursuant to this Agreement, OWNER may request that CONSULTANT in writing advise OWNER of (i) the estimated time of CONSULTANT'S personnel and the estimated fees thereof for the proposed work to be specified in the Work Order; and (ii) the estimated charge to OWNER for the reimbursable expenses applicable to the contemplated Services to be performed by CONSULTANT under the proposed Work Order. CONSULTANT shall promptly supply such estimate to OWNER based on CONSULTANT'S good faith analysis. 5.5 CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT on any particular Work Order, CONSULTANT shall be limited to a maximum markup of five percent (5 %) on the fees and expenses associated with such subconsultants and subcontractors. 5.6 Payments for Basic Services and Additional Basic Services as set forth herein or the Work Order shall be made upon presentation of the CONSULTANT'S itemized invoice approved by OWNER. 5.6.1 Payments will be made for services furnished, delivered, and accepted, upon receipt 12 C� 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. 5.7 Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. ARTICLE 6 OWNERSHIP OF DOCUMENTS 6.1 Upon the completion or termination of each Work Order, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, 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 the applicable Work Order ( "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 with respect to the applicable authorized project or task. 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 subject project or task following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the subject project or task. 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. 13 ARTICLE 7 MAINTENANCE OF RECORDS 7.1 CONSULTANT will keep adequate records and supporting documentation which concern or reflect the 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 Work Order 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. 7.2 The records specified above in paragraph 7.1 include accurate time records, which CONSULTANT agrees to keep and maintain, from day to day, showing the time expended by each principal and employee of CONSULTANT in performing the Services and therein specifying the services performed by each, with all such time records to be kept within one -half of an hour. At the request of OWNER, or as specified in the Work Order, CONSULTANT shall furnish to OWNER any of the aforesaid time records, as well as invoices or proofs showing CONSULTANT'S incurrence and /or payment of any reimbursable expenses. ARTICLE 8 INDEMNIFICATION 8.1 To the maximum extent permitted by 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 14 be available to an indemnified party or person described in this paragraph. ARTICLE 9 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 described herein and further set forth in Schedule C 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, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self- insurance program carried by OWNER. 9.3.4 The Certificates of Insurance, which are to be provided in an Occurrence Form patterned after the current I.S.O. form with no limiting endorsements, must reference and identify this 15 Agreement. 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 10 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 to each Work Order shall be a Schedule that lists all of the key personnel CONSULTANT intends to assign to perform the Services required under that Work Order. Such M personnel shall be committed to the project or task specified in the Work Order in accordance with the percentages noted in the attached Schedule. CONSULTANT shall also identify in that Schedule each subconsultant and subcontractor it intends to utilize with respect to the subject Work Order. All personnel, subconsultants and subcontractors identified in the Schedule 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 any subsequently issued Work Order, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement and any subsequently issued Work Order, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement, and any subsequently issued Work Order, 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. ARTICLE 11 WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment for Services provide under any Work Order shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of the Work Order or otherwise related to those Services, and 17 except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT in its final invoice for the subject Work Order as unsettled. 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 12 TERMINATION OR SUSPENSION 12.1 This Agreement is a fixed term contract for the professional services of CONSULTANT. It is agreed that either party hereto shall at any and all times have the right and option to terminate this Agreement by giving to the other party not less than thirty (30) days prior written notice of such termination. Upon this Agreement being so terminated by either party hereto, neither party hereto shall have any further rights or obligations under this Agreement subsequent to the date of termination, except that Services specified to be performed under a previously issued Work Order, shall proceed to completion under the terms of this Agreement. 12.2 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement and any Work Orders in effect. 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 any particular Work Order within the times specified under that Work Order, 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 and any Work Orders in effect, or (f) for any other just cause. The OWNER may so terminate this Agreement and any Work Orders in effect, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.3 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 12.2, then the notice of termination given pursuant to paragraph 12.2 shall be deemed to be the notice of termination provided for in paragraph 12.4, below, and CONSULTANT'S remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.4 below. 12.4 Notwithstanding anything herein to the contrary (including the provisions of paragraph 12.1 above), OWNER shall have the right to terminate this Agreement and any Work Orders in effect, 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, for any Work Orders so cancelled, 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 OWNER, including, but not limited to, anticipated fees or profits on Services not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.5 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 arising out of or relating to this Agreement or any Work Orders. 12.6 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. M 12.7 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty - five (45) days after such payment is due as set forth in the Work Order 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 or subsequently issued Work Order, 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 the subject Work Order until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT'S intention to stop performance under the applicable Work Order. 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 the subject Work Order by giving written notice to OWNER of CONSULTANT'S intent to terminate that Work Order. 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 subject Work Order and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE 13 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 or any subsequent Work Order. 20 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 D, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement and each subsequent Work Order issued hereafter, if any. are accurate, complete and current at the time of the Agreement or such subsequent Work Order. The CONSULTANT agrees that the original price as set forth in each subsequent issued Work Order, if any, and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the price as set forth in the Work Order 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 the subject Work Order. ARTICLE 14 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. ARTICLE 15 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 16 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 21 Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners Collier County Florida Procurement Services Division 3327 Tamiami Trail East Naples, FL 34112 Attention: Joanne Markiewicz, Director, Procurement Services Division Telephone: 239 - 252 -8407 Fax: 239 - 252 -6480 16.2 All notices required or made pursuant to this Agreement to be given by the OWNER to the 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: AIM Engineering & Surveying, Inc. 5300 Lee Blvd. Lehigh, FL 33971 Attn: Jerron K. Hull, P.E., Chief Executive Officer Telephone: (239) 332 -4569 jerron(@aimengr.com 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 17 MISCELLANEOUS 17.1 CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2 No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3 This Agreement is not assignable, or otherwise transferable in whole or in part, by 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 22 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. Further, The CONSULTANT agrees that any Work Order that extends beyond the expiration date of this Agreement will survive and remain subject to the terms and conditions of this Agreement until the completion or termination of the Work Order. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A WORK ORDER FORM Schedule B RATE SCHEDULE Schedule C INSURANCE COVERAGE Schedule D TRUTH IN NEGOTIATION CERTIFICATE Exhibit I RFP 15 -6456 CEI Services for Lap Funded Projects including the FHWA Grant Provisions Exhibit II AIM Engineering & Surveying Proposal 23 Y ARTICLE 18 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 19 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 D. CONSULTANT'S compensation as set forth in each subsequently issued Work Order, if any, shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "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 24 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 20 DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement. the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of 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. ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1 By executing and entering into this agreement, the Consultant is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 25 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for CEI Services for LAP Funded Projects the day and year first written above. ATTEST: Dwight E. Brock, Clerk Date: Approved as to Form and Legality: Assistant County Attorney Witness Typed Name and Title Witness Typed Name and Title BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA. Donna Fiala, Chairman AIM Engineering & Surveying, Inc. Typed Name and Title 26 SCHEDULE A WORK ORDER Contract 15 -6456 TEI Services for LAP Funded Projects" Contract Expiration Date: , 201 This Work Order is for professional (describe) services for work known as: Project Name: Project No: The work is specified in the proposal dated 20 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, this Work Order /Purchase Order is assigned to: Name of Firm Scope of Work: As detailed in the attached proposal and the following: • Task • Task II • Task III Schedule of Work: Complete work within days from the date of the Notice to Proceed which is accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement # 15 -6456 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with following method(s): ❑Negotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS +RC) ❑Time & Material (T &M) (established hourly rate — Schedule A) ❑Cost Plus Fixed Fee (CPFF), (define which method will be used for which tasks) as provided in the attached proposal. PREPARED BY: APPROVED BY: APPROVED BY: Task 1 $ Task II $ Task III $ TOTAL FEE $ Name and Title (Dept Name) , Division Director Date Date type name, Department Administrator Date By the signature below, the Firm (including 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 has a potential conflict have been fully disclosed. Additionally, the Firm agrees to notify the Procurement Director, in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and /or project duration. ACCEPTED BY: (Company Name) Name & Title of Authorized Company Officer Date A -1 SCHEDULE B HOURLY RATE SCHEDULE PROJECT POSITION OR CLASSIFICATION HOURLY RATE PRINCIPAL ENGINEER $206.00 CEI SENIOR PROJECT MANAGER $172.00 PROJECT MANAGER $147.00' SENIOR ENGINEER $157.00 ENGINEER $123.00, CEI PROJECT ADMINISTRATOR/PROJECT ENGINEER $110.00 CEI CONTRACT SUPPORT SPECIALIST $100.00 CEI UTILITY COORDINATOR $100.00 SENIOR ITS INSPECTOR $96.00 SENIOR INSPECTOR /SENIOR ENGINEER INTERN $88.00 INSPECTOR $76.00 CEI RES COMPLIANCE SPECIALIST $65.00 CEI INSPECTOR'S AIDE $50.00 SECRETARY /CLERICAL $62.00 CADD /COMPUTER TECHNICIAN $72.00 SENIOR SURVEYOR & MAPPER $180.00 SURVEYOR & MAPPER $120.00 SENIOR TECHNICIAN $ 85.00 TWO PERSON SURVEY CREW $130.00 THREE PERSON SURVEY CREW $161.00 FOUR PERSON SURVEY CREW $189.00 Established overhead and indirect rates will not be capped. These hourly rates are to used only for negotiation, as required by the grantor agency, however is not to be constructed as time and material. or as a requirement for backup documentation to lump sum proposals, work orders, and subsequent invoices This list is not intended to be all inclusive. Hourly rates for other categories of professional, subcontractors, support and other services shall be mutually negotiated by Collier County and firm on a project by project basis as needed. C -1 SCHEDULE C 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 CONSULTANT'S sole responsibility. All self- insured retentions or deductibles will be (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 of all Services required hereunder or as specified in this Agreement, whichever is longer. (4) Simultaneously with the execution and delivery of this Agreement by CONSULTANT, CONSULTANT has delivered properly executed Certificates of insurance (3 copies) acceptable to the OWNER 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 C -2 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. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Agreement. (6) The acceptance by OWNER of any Certificate of Insurance pursuant to the terms of this Agreement 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 and any Work Orders issued pursuant to 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 or any Work Order. the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of C -3 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 or any subsequently issued Work Order for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the 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 $500,000 Each Accident $500,000 Disease Aggregate $500.000 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 C -4 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: X Single Limit per Occurrence $1,000,000 Products /Completed Operations Aggregate $2,000,000 Aggregate $2,000,000 (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 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) 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. C -5 Applicable X Not Applicable (5) 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 (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 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 recovery against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: C -6 X $1,000,000 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 a period of not less than five (5) years following completion of all Services authorized under this Agreement. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER under this Agreement, and the date will not be moved forward during the 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, on a work order by work order basis, 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. C -7 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 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. C -8 SCHEDULED TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, AIM Engineering & Surveying, 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 CEI Services for LAP Funded Projects are accurate, complete and current as of the time of contracting. AIM Engineering & Surveying, Inc. in TITLE: DATE: D -1 EXHIBIT I RFP 15 -6456 CEI SERVICES FOR LAP FUNDED PROJECTS (following this page) C p() GRANT FUNDED (Federal Aid Highway Program Funded) CCNA REQUEST FOR PROPOSAL Collier County Administrative Services Department Procurement Sernces Dnnson COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS RFP 15 -6456 CEI Services for LAP Funded Projects Brenda Brilhart, Procurement Strategist brendabrilhart @colliergov.net, Email Address (239) 252 - 8446, Telephone Number (239) 252 - 6697, FAX Number 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. It Flnaarvn[ra 9onvsl?.FU+• 3327 Tama- Trad Fast - Naples. Flor a 34 11 2 4901 -23S 2524407-w** mtlerpov nWprocuremenmen+ cos Table of Contents LEGALNOTICE ................................................................................................................................... ............................... 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ............................................ ............................... 4 EXHIBITII: GENERAL RFP INSTRUCTIONS ........................................................................................... ............................... 8 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ....................................... .............................12 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP .............................................................. .............................15 ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT .................................................................. .............................22 ATTACHMENT 2: VENDOR CHECK LIST ................................................................................................ .............................23 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ........................................................................... .............................24 ATTACHMENT 4: VENDOR DECLARATION STATEMENT ....................................................................... .............................25 ATTACHMENT 5: IMMIGRATION LAW AFFIDAVIT CERTIFICATION ...................................................... .............................27 ATTACHMENT 6: VENDOR SUBSTITUTE W — 9 .................................................................................... .............................28 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS ........................................................... .............................29 ATTACHMENT 8: REFERENCE QUESTIONNAIRE ................................................................................... .............................31 EXHIBITA: SCOPE OF SERVICES ....................................................................................................................... .............................32 • EXHIBIT "A -A" MINIMUM QUALIFICATIONS FOR CONSTRUCTION ENGINEERING AND INSPECTION PERSONNEL EXHIBIT B: GRANTING AGENCY REQUIREMENTS .......................................................................................... .............................50 EXHIBITC: GRANT FORMS ............................................................................................................................... .............................56 EXHIBITD: LAP PROJECT LIST .......................................................................................................................... .............................57 2 RFP 15 -6456 CEI Services for LAP Funded Projects Legal Notice Sealed Proposals to provide CEI & Professional Design Services for Local Agency Program (LAP) funded projects will be received until 3:00 PM, Naples local time, on 3:00 PM on October 21, 2015 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. RFP 15 -6456 CEI Services for LAP Funded Projects Services to be provided may include, but not be limited to the following: professional construction engineering inspection (CEI) and design services for LAP funded projects. A pre - proposal conference will not be held for this solicitation. All proposal statements will be made using the Request for Proposal format obtained on the Collier County Purchasing Division Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Director, Procurement Services Division This Public Notice was posted on the Collier County Purchasing Division website: www.colliergov.net/purchasing and in the Lobby of Collier County Government, Purchasing Division, 3327 Tamiami Trail E, Naples, FL 34112 on September 30, 2015. F17allYttY[:'tl`AJGS'*.b - .327'alro am, T,af EaV - IvaO,'s FtY'da A! *24'.ti'I- 2192J2ii I--1 x*rgO1%'tWWQWW fie I RFP 15 -6456 CEI Services for LAP Funded Projects Exhibit I: Scope of Work, Specifications and Response Format As requested by the Growth Management Department (hereinafter, the "Department "), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County ") has issued this Request for Proposal (hereinafter, "RFP ") with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments or divisions once awarded according to the Board of County Commissioners Purchasing Ordinance. To be considered for award, the firm(s) submitting as the prime Consultant must, at a minimum, be pre - qualified through the Florida Department of Transportation (hereinafter, "FDOT ") in the following work groups per Category: • 10.1 — Roadway CEI • 10.3 — Construction Materials Inspection 10.4 — Minor Bridge and Miscellaneous Structures CEI Brief Description of Purchase The Growth Management Division is seeking professional construction engineering and inspection (CEI) services for Local Agency Program (LAP) funded projects. A list of these potential public works is attached as Exhibit D. The anticipated annual expenditures on these services will vary upon project design completion. The contract is limited to $1,500,000. Detailed Scope of Work — See Exhibit A The FDOT Local Agency Program (LAP), administered at the FDOT district level, is the mechanism used to complete prioritized projects from FDOT's Five -Year Work Program (list of projects in Exhibit D). The projects include sidewalks, intersection improvements, pedestrian pathways, etc. It is the intent of the County to award one contract for CEI and Contract Compliance services. In addition, a Design Services solicitation will be issued for LAP funded projects. If a firm is awarded the CEI contract, the awarded firm shall not be eligible to participate in the design services for LAP funded projects. Contract Term The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. The contract term, if an award(s) is /are made is intended to be for two (2) years with three (3) one year renewal options. Professional fees 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 Procurement Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Contract Payment Contract work will be distributed and initiated with a Work Order. Consultant acknowledges and agrees that each individual Work Order shall not exceed $200,000, and that the total compensation 4 RFP 15 -6456 CEI Services for LAP Funded Projects for all Work Orders issued under this Agreement shall not exceed $1,500,000. All Work Orders will be issued as lump sum, not to exceed pricing. Projected 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 9/30/15 Last Date for Receipt of Written Questions 5:00 PM 10/14/15 Pre - solicitation meeting N/A Addendum Issued By 10/16/15 Solicitation Deadline Date and Time 3:00 PM 10/21/15 Anticipated Evaluation of Submittals Week of 11/2/15 Anticipated Board of County Commissioner's Contract Approval By 1/31/16 Consultant Response Requirements and Format The Consultant understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Consultant further agrees that if it is awarded a contract, 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 this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below should be submitted with each proposal in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Consultant to include all listed items may result in the rejection of its proposal. 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 Consultant's certification that the Consultant will accept any awards as a result of this RFP. List all proposed subcontractors who will participate on the team. Tab II, Business Plan (Maximum 20 Points — 5 Page Limit) In this tab. include: • Description of the proposed contract team and the role to be played by each member of the team. • Detailed plan of approach (including major tasks and sub - tasks). RFP 15 -6456 CEI Services for LAP Funded Projects • Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference. Tab III, Experience and Capacity of Firm (Maximum 35 Points — 8 Page Limit) Provide information that documents your firm's and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. Also describe the various team members' successful experience in working with one another on previous projects. List Current Projects in the Format Identified Below Project Description Start Date End Date Original Budget Final Project Cost Number of Change Orders 425 9.6 Vendor GHI 388 8.7 Tab IV, Specialized Expertise of Team Members (Maximum 35 Points — 8 Page Limit) Attach brief resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. The same should be done for any sub - consultants. If sub - consultants are being utilized, letters of intent from stated sub - consultants must be included with proposal submission. Tab V, References (Maximum 10 Points) In order for the Consultants to be awarded any points for this tab, the County requests that the Consultant submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the 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 scores 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 whole number 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 425 9.6 Vendor GHI 388 8.7 Note: Sample chart reflects a 10 point reference criterion. RFP 15 -6456 CEI Services for LAP Funded Projects 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 Consultant's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Consultant. The Selection Committee may, at their sole discretion, contact references, and /or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. Tab VI, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Consultant may result in evaluation point deduction(s) and /or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. Tab VII, Required Form Submittals • Attachment 2: Consultant Checklist • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Form • Attachment 5: Immigration Affidavit Certification • Attachment 6: Vendor Substitute W9 • Attachment 7: Insurance and Bonding Requirement Form • Attachment 8: Reference Questionnaire EXHIBIT C: Grant Required Forms: • Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions • General Grant Clauses • Certification for Disclosure of Lobbying Activities on Federal Aid Contracts • Standard Form -LLL, Disclosure of Lobbying Activities Form • Conflict of Interest Affidavit • Collier County DBE Participation Statement • Collier County Consultant Bid Opportunity List • Drug Free Workplace Certification • Truth in Negotiation Certification • Excluded Parties List System Documentation located at: www.sam.gov, and select SEARCH. • Licenses and /or Certifications RFP 15 -6456 CEI Services for LAP Funded Projects Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Procurement Division Online Bidding System website: www.coiliergov.net/bid. Consultants must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre - Proposal Conference The purpose of the pre - proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Consultants having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Consultants are strongly encouraged to attend, as, this will usually be the only pre - proposal conference for this solicitation. If this pre - proposal conference is denoted as "mandatory', prospective Consultants must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Division. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Consultant in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and /or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 3:00 PM, Naples local time, on or before October 21, 2015 to: Collier County Government Procurement Division 3327 Tamiami Trail E Naples FL 34112 Attn: Brenda Brilhart, Procurement Strategist The County does not bear the responsibility for proposals delivered to the Procurement Division past the stated date and /or time indicated, or to an incorrect address by Consultant's personnel or s RFP 15 -6456 CEI Services for LAP Funded Projects by the Consultant's outside carrier. However, the Procurement Services Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. If submitting manually, Proposers must submit one (1) paper copy clearly labeled "Master," and one (1) compact disks (CD's /DVD's) with a copy of the proposal on the CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Consultant makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013 -69 establishing and adopting the Collier County Purchasing Ordinance. The County may, as it deems necessary, conduct discussions with qualified Consultants determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. Collier County will evaluate and select these Services in accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act (CCNA). The County's procedure for selecting is as follows: a) The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. b) Request for Proposals issued. c) Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. d) Meetings will be open to the public and the Procurement Strategist will publicly post prior notice of such meeting in the lobby of the Purchasing Building and publicly noticed on the County's Procurement Services website. e) The committee members will review each proposal individually and score each proposal based on the evaluation criteria stated herein. f) Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice will be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and will endeavor to post such notices at least one (1) day in advance of all subsequent meetings. g) 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 RFP 15 -6456 CEI Services for LAP Funded Projects has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, interviews, or oral presentations. h) The Selection Committee, as approved by the County Manager or designee, will review, evaluate and rank all responsive proposals received from Proposers responding to this RFP. The committee members will score each Proposal in accordance with the rating criteria set forth below and may, at their discretion, schedule presentations from any firms submitting a proposal.. Consultant(s) shall have an opportunity to discuss their qualifications, approach to the project and ability to furnish services for the scope of work outlined in this solicitation during the publicly announced Selection Committee Meeting prior to the final ranking. This discussion does not preclude the County from having additional presentations by ranked firms at the County's sole discretion. i) 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. j) Negotiations shall begin with the top- ranked firm(s) in accordance with Florida Statute 287.055. k) Upon the successful completion of negotiations, contracts will be presented to the Board of County Commissioners for approval. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and /or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Consultant nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances may not be considered. 9. References The County reserves the right to contact any and all references associated with this solicitation. 10. Proposal Selection Committee and Evaluation Factors The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Business Plan 20 Experience & Capabilities of Firm 35 Team Members 35 References 10 Total Points: 100 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. 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. 10 RFP 15 -6456 CEI Services for LAP Funded Projects 11. 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. 11 RFP 15 -6456 CEI Services for LAP Funded Projects 3. 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. RFP 15 -6456 CEI Services for LAP Funded Projects b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and /or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act," and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet 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. 12 'I 0 7 V1 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 RFP 15 -6456 CEI Services for LAP Funded Projects 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 13 its business. By way of non - exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and /or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. RFP 15 -6456 CEI Services for LAP Funded Projects 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. 14 Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance and Bonding Requirements (The specific insurance requirements for this solicitation are identified in the attachment for 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 Requirements 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 Attachment 7 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 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. 15 RFP 15 -6456 CEI Services for LAP Funded Projects 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 Additional items and /or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Ordinance. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 51% or more of the solicitation amount for said work; or as otherwise approved by the County's project manager prior to the execution of the 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. Vendor Performance Evaluation The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of this Agreement. 7. 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 16 RFP 15 -6456 CEI Services for LAP Funded Projects obligated to sign any contracts, maintenance and /or service agreements or other documents provided by the Vendor. The County's project manager shall coordinate with the Consultant the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 8. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(o-)collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and /or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices 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- 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. 17 RFP 15 -6456 CEI Services for LAP Funded Projects 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 other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that 1s RFP 15 -6456 CEI Services for LAP Funded Projects 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. Public Records Compliance The Vendor /Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a) -(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies 13. Security and Background Checks If required, Consultant 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. Consultant shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 14. Survivability The Consultant agrees that any Work Order that extends beyond the expiration date of Solicitation 15- 6456 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. 15. 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. 16. 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. 17. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 18. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a 19 RFP 15-6456 CEI Services for LAP Funded Projects certificate of authority (www.sunbiz.org /search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 19. 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. 20. Protest Procedures Any prospective proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a 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 Procurement Director. 21. 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. 22. 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. 20 RFP 15 -6456 CEl Services for LAP Funded Projects 23. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 24. Immigration Law Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners 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 Proposer does not comply with providing the acceptable E- Verify evidence and the executed affidavit the vendor'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: hftp: / /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. 21 RFP 15 -6456 CEI Services for LAP Funded Projects collier county Administrative Services Departrnent Procurement Services Division 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 Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to this RFP 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 22 RFP 15 -6456 CEI Services for LAP Funded Projects Co tier County Administrative Services Departmen? Procurement Services Dmsion 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 (including granting agency forms) have been signed and included, along with licenses to complete the requirements of the project. ❑ Copy of Internet certification that the Vendor is not on the Federal Excluded Parties List System at: www.sam.gov, and select SEARCH. ❑ The mailing envelope has been addressed to Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Brenda Brilhart, Procurement Strategist ❑ 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.) ❑ If submitting a manual proposal, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded. ALL COURIER - DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON T OUTSIDE OF THE COURIER PACKET. Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: 23 RFP 15 -6456 CEI Services for LAP Funded Projects Coker county Administrative Services Department Procurement Services Division Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and /or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and /or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and /or agents) agrees to immediately notify in writing the Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract and /or project duration. Firm: Signature and Date: Print Name Title of Signatory State of _ County of _ SUBSCRIBED AND SWORN to before me this day of , 20 by , who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires 24 RFP 15 -6456 CEI Services for LAP Funded Projects Coder County Administrative Services Department Procurement Sernces Division Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation 15 -6456 CEI Services LAP Funded Projects 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 in the solicitation noted above. (Proposal Continued on Next Page) 25 RFP 15 -6456 CEI Services for LAP Funded Projects PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _ day of , 20_ in the County of , in the State of Firm's Legal Name: Firm's Dun and Bradstreet Number (DUNS) (Found at www.dnb.com) CCR # or CAGE Code Florida Certificate of Authority Document Number (http://www.sunbiz.org) Federal Tax Identification Number Address: City, State, Zip Code: Telephone: FAX Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: FAX: Email Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email 26 RFP 15 -6456 CEI Services for LAP Funded Projects GoMer C,0-94nty Administrative Services Department Procurement Services Division Attachment 5: Immigration Law Affidavit Certification Solicitation # and Title : 15 -6456 CEI & Professional Design Services LAP Funded Projects 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'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 / Bidder's proposal. Company Name Print Name Signature State of County of Title Date The foregoing instrument was signed and acknowledged before me this day of , 20_, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number /Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 27 RFP 15 -6456 CEI Services for LAP Funded Projects Corer County Administrative Services Department Procurement Services Division 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 Order Informatior Address City FAX Email FAX State Zip 2. Company Status (check only one) City Zip Email Remit I Payment Information Address City FAX Email State 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 RFP 15 -6456 CEI Services for LAP Funded Projects 28 Collier County Administrative Services Depanment Procurement Services Drvisan Attachment 7: Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $500,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ® Indemnification To the maximum extent permitted by Florida law, the 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. 4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non - owned /Hired; Automobile Included 5. ® Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ® Professional Liability $1,000,000 per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 29 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. 5/20/2015 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 RFP 15 -6456 CEI Services for LAP Funded Projects Date Telephone Number 30 cle.- AdmriWatrve sermes Department P,xwem ! Se' —s Ch iv Attachment 8: Reference Questionnaire Solicitation: 15 -6456 CEI Services LAP Funded Projects Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: Email: (Evaluator completing reference questionnaire) FAX: (Evaluator's Company completing reference) T 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 manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: RFP 15 -6456 CEI Services for LAP Funded Projects By ti Exhibit A: Scope of Services CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SCOPE OF SERVICES FOR Local Agency Program Projects Project Description The principal intent of this project is to provide CEI and Contract Compliance Services for the construction of Local Agency Program projects. The Florida Department of Transportation (FDOT) is empowered by legislative authority to contract with other governmental (local) agencies to develop, design, acquire right -of- way, and construct transportation facilities and to reimburse these governmental agencies for services provided to the traveling public. The FDOT Local Agency Program (LAP), administered at the FDOT district level, is the mechanism used to complete a prioritized project from FDOT's Five- Year Work program. The top ranked Consultant as ranked by the County's Selection Committee may be assigned to one (1) or more of the County's LAP construction projects. Each assigned Consultant will be responsible for executing all of the requirements of the Contract and this Scope of Services relative to the project they are assigned. 1.0 PURPOSE: This scope of services describes and defines the Construction Engineering and Inspection (CEI) services which are required for: contract administration and inspection; materials sampling; testing; contract compliance according to FHWA 1273 and Florida Statutes; and other related activities for the LAP construction projects. 2.0 SCOPE: Provide services as defined in this Scope of Services, the referenced Florida Department of Transportation (FDOT) manuals, and procedures. For each project the Consultant and /or Sub - consultant(s) must be FDOT qualified (Rule Chapter 14- 75) to perform the assigned work and /or services required of the project. As a minimum, the Consultant must be qualified to perform the following types of work: • 10.1 — Roadway CEI • 10.3 — Construction Materials Inspection 10.4 — Minor Bridge and Miscellaneous Structures CEI Exercise independent professional judgment in performing obligations and responsibilities under this Agreement. Pursuant to Section 4.1.4 of the Construction Project Administration Manual (CPAM), the authority of the Consultant's lead person, such as the Senior Project Engineer, and the Consultant's Project Administrator shall be identical to the FDOT's Resident Engineer and Project Administrator respectively and shall be interpreted as such. Services provided by the Consultant shall comply with FDOT manuals, procedures, and memorandums in effect as of the date of execution of the Agreement, however it is the responsibility of the Consultant to stay current with applicable regulations and procedures as they are updated by 32 RFP 15 -6456 CEI Services for LAP Funded Projects FDOT and /or the County.. Such FDOT manuals, procedures, and memorandums are found at the State Construction Office's website. On a single Construction Contract, it is a conflict of interest for a professional firm to receive compensation from both the County and the Contractor either directly or indirectly. Other projects developing within the geographical area of Collier County may be added at the County's discretion. The Consultant must perform to the satisfaction of the County's representatives for consideration of additional CEI services. 3.0 LENGTH OF SERVICE: The services for the Construction Contract shall begin upon written notification to proceed (NTP) by the County. The CEI Services Contract shall begin approximately thirty (30) days prior to written notification to proceed to the Contractor for the Construction Contract and end thirty (30) days after final acceptance of the Construction Contract. The County's Construction Project Manager will track the execution of the Construction Contract such that the Consultant is given timely authorization to begin work. While no personnel shall be assigned until written notification by the County has been issued, the Consultant shall be ready to assign personnel within two weeks of notification. For the duration of the project, coordinate closely with the County and Contractor to minimize rescheduling of Consultant activities due to construction delays or changes in scheduling of Contractor activities. For estimating purposes, the Consultant will be allowed an accumulation of thirty (30) calendar days to perform preliminary administrative services prior to the issuance of the Contractor's notice to proceed on the first project and thirty (30) calendar days to demobilize after final acceptance of the Construction Contract. The anticipated letting schedules and construction times for the projects are provided in Attachment D — LAP Funded Project List page 56. This is not a finite listing. More projects may be added at a later time. 4.0 DEFINITIONS: A. Agreement: The Professional Services Agreement between the County and the Consultant setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of services, and the basis of payment. B. Contractor: The individual, firm, or company contracting with the County for performance of work or furnishing of materials. C. Contract Compliance Specialist: The Consulting firm's staff who monitors the Contractor's performance of Construction Contract for compliance with all requirements of the Equal Employment Opportunity (EEO) and Affirmative Action (AA), Disadvantage Business Enterprise (DBE), On- the -Job Training (OJT) and federal Wage Rate Provisions required by the FHWA 1273 Required Contract Provisions Federal -Aid Construction Contracts and applicable Florida Statutes. D. Construction Contract: The written agreement between the County and the Contractor setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of labor and materials, and the basis of payment. 33 RFP 15 -6456 CEI Services for LAP Funded Projects E. Construction Proiect Manager: The County employee assigned to manage the Construction Engineering and Inspection Contract and represent the County during the performance of the services covered under this Agreement. F. Construction Training /Qualification Program (CTQP): The FDOT program for training and qualifying technicians in Aggregates, Asphalt, Concrete, Earthwork, and Final Estimates Administration. Program information is available at CTQP website. G. Consultant: The Consulting firm under contract to the County for administration of Construction Engineering and Inspection services. H. Consultant Project Administrator: The employee assigned by the Consultant to be in charge of providing Construction Contract administration services for the Construction Project. I. Consultant Senior Project Engineer: The Engineer assigned by the Consultant to be in charge of providing Construction Contract administration for the Construction Project. This person may supervise other Consultant employees and act as the lead Engineer for the Consultant. J. Transportation Engineering Director: The administrative head of the County's Construction Offices / The Engineer assigned to administer Construction Contracts for the County. K. County Construction Manager: The County employee assigned to administer the Consultant Construction Engineering and Inspection Program in the County. L. County Professional Services Administrator: The Administrative Head of the Professional Services Office. M. County Manager: The County Administrator of the County. N. Engineer of Record: The Engineer noted on the Construction plans as the responsible person for the design and preparation of the plans. 0. Road Maintenance Director: The County employee assigned to administer Maintenance Contracts for the County. P. Public Information Office: The County employee assigned to manage the Public Information Program. Q. Resident Compliance Specialist: The employee assigned by the County to oversee project specific compliance functions and maintain compliance files. R. Owner: The Board of County Commissioners for Collier County, Florida. A political subdivision of the State of Florida S. County: Collier County, a political subdivision of the State of Florida. 5.0 ITEMS TO BE FURNISHED BY THE COUNTY TO THE CONSULTANT: A. The County, on an as needed basis, will furnish the following Construction Contract documents for each project. These documents may be provided in either paper (as indicated below) or electronic format. 1. Construction Plans, two (2) [11"x 17 "] hard copy sets, 34 RFP 15 -6456 CEI Services for LAP Funded Projects 2. Specification Package two (2) [8 -1/2" x 11 "] hard copy sets, 3. One (1) hard copy of the Executed Construction Contract, 4. One (1) hard copy of the Utility Agency's Approved Material List (if applicable), and 5. One (1) hard copy of executed Utility Work Schedules (if applicable). B. A list of all standard forms for use under the terms of this Agreement will be provided in one (1) hard copy or electronic format at the Pre - Services meeting. All directives, procedures, and standard forms can be accessed through the County's website. 6.0 ITEMS FURNISHED BY THE CONSULTANT: 6.1 FDOT Documents: All applicable FDOT documents referenced herein shall be a condition of this Agreement. All FDOT documents, directives, procedures, and standard forms are available through the FDOT's Internet website. Most items can be purchased through the following address. All others can be acquired through the FDOT's District Office or on -line at the FDOT's website. Florida Department of Transportation Maps and Publication Sales 605 Suwannee Street, MS 12 Tallahassee, Florida 32399 -0450 Telephone No. (850) 488 -9220 http://www.dot.state.fl.us/construction/ 6.2 Office Automation: Provide all software and hardware necessary to efficiently and effectively carry out the responsibilities under this Agreement. Provide each inspection staff with a laptop computer running software (such as, Site Manager application through Citrix, Primavera /Sidetrack, Claim Digger, etc.) for project scheduling, documentation, and control. Each inspection staff laptop computer must have mobile broadband connection at the jobsite. All computer coding shall be input by Consultant personnel using equipment furnished by them. Ownership and possession of computer equipment and related software, which is provided by the Consultant, shall remain at all times with the Consultant. The Consultant shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment should be maintained and operational at all times. Current technical specifications for office automation can be viewed at: http: / /www.dot.state.fl. us/ Construction/ DesignBuiId/ ConsuItantCEI /OfficeAutomation.shtm 6.3 Vehicles: Vehicles will be equipped with appropriate safety equipment and must be able to effectively carry out requirements of this Agreement. Vehicles shall have the name and phone number of the consulting firm visibly displayed on both sides of the vehicle. 6.4 Field Equipment: Supply survey, inspection, and testing equipment essential to perform services under this Agreement; such equipment includes non - consumable and non - expendable items. 35 RFP 15 -6456 CEI Services for LAP Funded Projects Hard hats shall have the name of the consulting firm visibly displayed. Equipment described herein and expendable materials under this Agreement will remain the property of the Consultant and shall be removed at completion of the work. Handling of nuclear density gauges shall be in compliance with their license. Retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. 6.5 Licensing for Equipment Operations: Obtain proper licenses for equipment and personnel operating equipment when licenses are required. The license and supporting documents shall be available for verification by the County, upon request. Radioactive Materials License for use of Surface Moisture Density Gauges shall be obtained through the State of Florida Department of Health. 7.0 LIAISON RESPONSIBILITY OF THE CONSULTANT: For the duration of the Agreement, keep the County's Construction Project Manager in Responsible Charge informed of all significant activities, decisions, correspondence, reports, and other communications related to its responsibilities under this Agreement. Facilitate communications between all parties (i.e. architectural, mechanical, materials, landscaping, local agencies, etc.) ensuring responses and resolutions are provided in a timely manner. Maintain accurate records to document the communication process. Submit all administrative items relating to Invoice Approval, Personnel Approval, User IDs, Time Extensions, and Change Orders to the County's Construction Project Manager for review and approval. 8.0 PERFORMANCE OF THE CONSULTANT: During the term of this Agreement and all Change Orders thereof, the County will review various phases of Consultant operations, such as construction inspection, materials sampling, testing, administrative activities, and FHWA 1273 Federal -Aid required activity to determine compliance with this Agreement. If deficiencies are indicated, remedial action shall be implemented immediately. County recommendations and Consultant responses /actions are to be properly documented by the Consultant. No additional compensation shall be allowed for remedial action taken by the Consultant to correct deficiencies. Remedial actions and required response times may include but are not necessarily limited to the following: A. Further subdivide assigned inspection responsibilities, reassign inspection personnel, or assign additional inspection personnel, within one week of notification. B. Immediately replace personnel whose performance has been determined by the Consultant and /or the County to be inadequate. C. Immediately increase the frequency of monitoring and inspection activities in phases of work that are the Consultant's responsibility. D. Increase the scope and frequency of training of the Consultant personnel. 36 RFP 15 -6456 CEI Services for LAP Funded Projects 9.0 REQUIREMENTS OF THE CONSULTANT: 9.1 9.2 9.3 9.4 General: It shall be the responsibility of the Consultant to administer, monitor, and inspect the Construction Contract such that the project is constructed in reasonable conformity with the plans, specifications, and special provisions for the Construction Contract. Observe the Contractor's work to determine the progress and quality of work. Identify discrepancies, report significant discrepancies to the County, and direct the Contractor to correct such observed discrepancies. Consult with the County's Construction Project Manager as necessary and direct all issues, which exceed delegated authority to the County's Construction Project Manager for County action or direction. Inform the County's Construction Project Manager of any significant omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action that has been directed to be performed by the Contractor. For the duration of the project, all Technicians and Inspector provided by the Consultant and /or Sub - Consultant(s) for the project must be CTQP qualified to perform the assigned duties and /or tasks. Survey Control (As requested by Construction Proiect Manager): Check or establish the survey control baseline(s) along with sufficient baseline control points and bench marks at appropriate intervals along the project in order to: (1) make and record measurements necessary to calculate and document quantities for pay items, (2) make and record pre- construction and final cross section surveys of the project site in those areas where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the construction project, and (3) perform incidental engineering surveys. On -site Inspection: Monitor the Contractor's on -site construction activities and inspect materials entering into the work in accordance with the plans, specifications, and special provisions for the Construction Contract to determine that the projects are constructed in reasonable conformity with such documents. Maintain detailed accurate records of the Contractor's daily operations and of significant events that affect the work. The Consultant will monitor off -site activities and fabrication unless otherwise stipulated by this Agreement. Monitor and inspect Contractor's Work Zone Traffic Control Plan and review modifications to the Work Zone Traffic Control Plan, including Alternate Work Zone Traffic Control Plan, in accordance with the FDOT's procedures. Consultant employees performing such services shall be qualified in accordance with the FDOT's guidelines of Traffic Training (Topic No. 625 - 010- 010 -h). Sampling and Testing - requested by Construction Project Manaer): Perform sampling and testing of component materials and completed work in accordance with the Construction Contract documents. All sampling and testing shall be executed in conjunction with a licensed independent laboratory, hired by the Consultant, that is approved in writing by the County's Construction Project Manager. The minimum sampling 37 RFP 15 -6456 CEI Services for LAP Funded Projects frequencies set out in the FDOT's Materials Sampling, Testing and Reporting Guide shall be met. In complying with the aforementioned guide, provide daily surveillance of the Contractor's Quality Control activities and perform the sampling and testing of materials and completed work items for verification and acceptance. The Consultant will perform inspection and sampling of materials and components at locations remote from the project site and perform testing of materials normally done in a laboratory remote from the project site. Determine the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, DOT label, DOT stamp, etc. The County will monitor the effectiveness of the Consultant's testing procedures through observation and independent assurance testing (verification testing). Sampling, testing and laboratory methods shall be as required by the FDOT's Standard Specifications, Supplemental Specifications or as modified by the Special Provisions of the Construction Contract. Documentation reports on sampling and testing performed by the Consultant shall be submitted during the same week that the construction work is done. Transport samples to the appropriate laboratory. The Consultant shall provide daily surveillance of the Contractor's Quality Control activities at the project site in regard to concrete and perform acceptance testing and sampling. 9.5 Engineering Services: While under contract with the County, the Consultant will coordinate the Construction Contract administration activities of all parties other than the Contractor involved in completing the construction project. Services shall include maintaining the required level of surveillance of Contractor activities, interpreting plans, specifications, and special provisions for the Construction Contract. Maintain complete, accurate records of all activities and events relating to the project and properly document all project changes. The following services shall be performed: (1) Attend a pre - service meeting for the Agreement in accordance with CPAM. Provide appropriate staff to attend and participate in the pre- service meeting. At the pre - service meeting the Consultant shall submit Action Request packages for Personnel Approval for immediate staff needs and a copy /computer file of the final negotiated staffing. The Consultant shall record a complete and concise record of the proceedings of the meeting and distribute copies of these minutes to the participants and other interested parties within seven (7) days of the meeting date. (2) Prepare and submit to the County's Construction Project Manager for county approval, within thirty (30) days after the pre - service meeting, a hard copy of the project specific Consultant Contract administration documents listed below. The Consultant Contract administration documents, which shall be routinely used by the Consultant throughout the project, shall be in the format and content provided by the County Construction Management Department. The CONSULTANT Contract administration documents consist of but are not limited to: 38 RFP 15 -6456 CEI Services for LAP Funded Projects a. Action Request Form, b. Contract Status Report, or other approved fund tracking report, c. CEI CONSULTANT Firm Estimated Staffing (completed in accordance with the original CONSULTANT Contract agreement), d. CEI CONSULTANT Fee Proposal, and e. CEI CONSULTANT Data. (3) Schedule and attend Site Manager /EDMS informational meeting with the District Construction Office. Provide appropriate staff to attend and participate in this meeting. Provide personnel proficient in the use of computers and scanner operation to input construction documents into an EDMS. This will require familiarity with the documents and guidelines posted on the Department's website for EDMS. Duties will include scanning, attributing and retrieving documents that are to be archived electronically. (4) Attend and participate in a Pre - construction conference in accordance with Article 8- 3.5 of the FDOT Standard Specification for Road and Bridge Construction. The purpose of these meetings is to discuss the required documentation, including as- builts, necessary for permit(s) compliance. Record significant information revealed and decisions made at this conference and distribute copies of these minutes to the appropriate parties. The meeting shall also be electronically recorded and the Consultant shall maintain all tapes of the meeting for the duration of the Contract. (5) Verify that the Contractor is conducting inspections, preparing reports and monitoring all storm water pollution prevention measures associated with the project. For each project that requires the use of the NPDES General Permit, provide at least one inspector who has successfully completed the "Florida Stormwater, Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors ". The Consultant's inspector will be familiar with the requirements set forth in the FEDERAL REGISTER, Vol. 57, No. 187, Friday, September 5, 1992, pages 4412 to 4435 "Final NPDES General Permits for Storm Water Discharges from Construction Sites" and the FDOT's guidelines. (6) Analyze the Contractor's schedule(s) (i.e. baseline(s), revised baseline(s), updates, as- built, etc.) for compliance with the contract documents. Elements including, but not limited to, completeness, logic, durations, activity, flow, milestone dates, concurrency, resource allotment, and delays will be reviewed. Verify the schedule conforms with the construction phasing and MOT sequences, including all contract modifications. Provide a written review of the schedule identifying significant omissions, improbable or unreasonable activity durations, errors in logic, and any other concerns as detailed in CPAM. (7) Analyze problems that arise on a project and proposals submitted by the Contractor; work to resolve such issues, and process the necessary paperwork. (8) Monitor, inspect and document utility construction for conformance with Utility Agency's Standards and the Utility Agency's Approved Materials List. Facilitate coordination and communication between Utility Agency's representatives, County's staff and Contractors executing the work. Identify potential utility conflicts and assist in the resolution of utility issues including County and Local Government owned facilities. 39 RFP 15 -6456 CEI Services for LAP Funded Projects Identify, review, and track progress of Joint Project Agreements, and /or other County and utility agreements if applicable. Address work progress, track reimbursement activities, and address betterment and salvage determination. Prepare all necessary documentation to support reimbursement activities and betterment and salvage determination. (9) Produce reports, verify quantity calculations and field measure for payment purposes as needed to prevent delays in Contractor operations and to facilitate prompt processing of such information in order for the County to make timely payment to the Contractor. (10) Prepare and make presentations for meetings and hearings before the Dispute Review Boards in connection with the project covered by this Agreement. (11) Monitor each Contractor and Subcontractor's compliance with specifications and special provisions of the Construction Contract in regard to payment in accordance with County procedures. (12) The County will provide Public Information Services. (13) Video tape the pre- construction conditions throughout the project limits. Provide a digital photo log or video of project activities, with heavy emphasis on potential claim items /issues and on areas of real /potential public controversy. (14) Provide a digital camera for photographic documentation of pre- construction state and of noteworthy incidents or events during construction. These photographs will be filed and maintained on the Consultant's computer using a Digital Photo Management system. Photographs shall be taken the day prior to the start of construction and continue as needed throughout the project. Photographs shall be taken the days of Conditional, Partial and Final Acceptance. 9.6 FDOT LAP Compliance: The prime Consultant will provide staff to monitor the Contractor and Subcontractor's performance for compliance with all requirements of the Equal Employment Opportunity (EEO) and Affirmative Action (AA), Disadvantage Business Enterprise (DBE), On- the -Job Training (OJT), if applicable, and federal Wage Rate Provisions required by the FHWA 1273 Required Contract Provisions Federal -Aid Construction Contracts and Florida Statutes. In accordance with the FDOT Contract Compliance Workbook, the Consultant staff will: • participate in County Contract Compliance training prior to pre- construction meeting; • attend and participate in a pre- conference construction meeting; • maintain EEO Compliance excel spreadsheet and submit weekly to County's Resident Compliance Specialist (RCS); • conduct all compliance inspections and employee interviews; • receive and verify contractor's payroll for format, classification, pay, and timely submittal; • issue noncompliance notices to contractors; • perform all requirements related to the On -the Job Training Program; • submit daily compliance construction logs to County RCS; 40 RFP 15 -6456 CEI Services for LAP Funded Projects • participate in regularly scheduled progress meetings; • prepare and submit photographic and written records; • oversee and submit EEO July reporting to County's RCS; • provide weekly all compliance documentation electronically, in PDF format, to the County's RCS for review and permanent audit filing; and, • perform other compliance activities as required. • Awarded Consultants will be required to use the following electronic tool: The Equal Opportunity Compliance (EOC) system is a web based application that was made available to the public and the EOC application is used statewide by FDOT Consultants to report Bidders Opportunity List(s), DBE Commitments and DBE /MBE Payments. 10.0 PERSONNEL: 10.1 General Requirements: Provide qualified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. Acceptable staffing of personnel to be assigned to this project is outlined herein and in Exhibit "A -A." Pursuant to Section 4.1.4 of the Construction Project Administration Manual (CPAM), the authority of the Consultant's lead person, such as the Senior Project Engineer, and the Consultant's Project Administrator shall be identical to the FDOT's Resident Engineer and Project Administrator respectively and shall be interpreted as such. FDOT Certification of the Consultant's Project Administrator is a requirement of the contract. FDOT Certification of Contact Compliance Specialist Training is a requirement of the contract. 10.2 Personnel Qualifications: Provide competent personnel qualified by experience and education. Submit in writing to the County's Construction Project Manager the names of personnel proposed for assignment to the project, including a detailed resume for each containing at a minimum: salary, education, and experience. The Consultant Action Request form for personnel approval shall be submitted to the County's Construction Project Manager at least two weeks prior to the date an individual is to report to work. Personnel identified in the Consultant technical proposal are to be assigned as proposed and are committed to performing services under this Agreement. Personnel changes will require written approval from the County's Construction Project Manager. Staff that has been removed shall be replaced by the Consultant within one week of County Construction Project Manager's notification. Before the project begins, all project staff shall have a working knowledge of the current CPAM and must possess all the necessary qualifications /certifications for fulfilling the duties of the position they hold. Cross training of the Consultant's project staff is highly recommended to achieve a knowledgeable and versatile project inspection team but shall not be at any additional cost to the County and should occur as workload permits. Visit the training page on the State Construction Office website for training dates. Minimum qualifications for the Consultant personnel are set forth herein and in Exhibit "A -A". Exceptions to these minimum qualifications may be considered on an individual basis at the 41 RFP 15 -6456 CEI Services for LAP Funded Projects discretion of the County. Any exceptions to these minimum qualifications must be preapproved by the County in writing. However, a Project Administrator working under the supervision and direction of a Senior Project Engineer or an Inspector working under the supervision and direction of a Senior Inspector shall have six months from the date of hire to obtain the necessary qualifications /certifications provided all other requirements for such positions are met and the Consultant submits a training plan detailing when such qualifications /certifications and other training relative to the FDOT's procedures, Specifications and Design Standards will be obtained. The County will have the final approval authority on such exceptions. 10.3 Staffing: Once authorized, the Consultant shall establish and maintain appropriate staffing throughout the duration of construction and completion of the final estimate. Responsible personnel, thoroughly familiar with all aspects of construction and final measurements of the various pay items, shall be available to resolve disputed final pay quantities until the County has received a regular acceptance letter. Construction engineering and inspection forces will be required of the Consultant while the Contractor is working. If Contractor operations are substantially reduced or suspended, the Consultant will reduce its staff appropriately. In the event that the suspension of Contractor operations requires the removal of Consultant forces from the project, the Consultant will be allowed ten (10) days maximum to demobilize, relocate, or terminate such forces. 11.0 QUALITY ASSURANCE QA PROGRAM: 11.1 Quality Assurance Plan: Within thirty (30) days after receiving award of an Agreement, furnish a QA Plan to the County's Construction Project Manager. The QA Plan shall detail the procedures, evaluation criteria, and instructions of the Consultant's organization for providing services pursuant to this Agreement. Unless specifically waived, no payment shall be made until the County approves the Consultant QA Plan. Significant changes to the work requirements may require the Consultant to revise the QA Plan. It shall be the responsibility of the Consultant to keep the plan current with the work requirements. The Plan shall include, but not be limited to, the following areas: A. Organization: A description is required of the Consultant QA Organization and its functional relationship to the part of the organization performing the work under the Agreement. The authority, responsibilities and autonomy of the QA organization shall be detailed as well as the names and qualifications of personnel in the quality control organization. B. Quality Assurance Reviews: Detail the methods used to monitor and achieve organization compliance with Agreement requirements for services and products. 42 RFP 15 -6456 CEI Services for LAP Funded Projects C. Quality Assurance Records: Outline the types of records which will be generated and maintained during the execution of the QA program. D. Control of Subconsultants and Vendors: Detail the methods used to control subconsultant and vendor quality. E. Quality Assurance Certification: An officer of the Consultant firm shall certify that the inspection and documentation was done in accordance with FDOT specifications, plans, standard indexes, and FDOT procedures. 11.2 Quality Assurance Reviews: Conduct semi - annual Quality Assurance Reviews to ensure compliance with the requirements of the Agreement. Quality Assurance Reviews shall be conducted to evaluate the adequacy of materials, processes, documentation, procedures, training, guidance, and staffing included in the execution of this Agreement. Quality Assurance Reviews shall also be developed and performed to achieve compliance with specific QA provisions contained in this Agreement. The semi - annual reviews shall be submitted to the County's Construction Project Manager in written form no later than one (1) month after the review. On short duration CCEI projects (nine (9) months or less), the CCEI shall perform an initial QA review within the first two (2) months of the start of construction. On asphalt projects, the CCEI shall perform an initial QA review on its asphalt inspection staff after the Contractor has completed ten (10) full work days of mainline asphalt paving operations, or 25% of the asphalt pay item amount (whichever is less) to validate that all sampling, testing, inspection, and documentation are occurring as required of the CCEI staff. 11.3 Quality Records: Maintain adequate records of the quality assurance actions performed by the organization (including subcontractors and vendors) in providing services and products under this Agreement. All records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the corrective actions taken. All records shall be available to the County, upon request, during the Agreement term. All records shall be kept at the primary job site and shall be subject to audit review. 12.0 CERTIFICATION OF FINAL ESTIMATES: (As requested by Construction Project Manager) 12.1 Final Estimate and As -Built Plans Submittal: Prepare documentation and records in compliance with the Agreement, Statewide Quality Control (QC) Plan, or Consultant's approved QC Plan and the FDOT's Procedures as required by Section 4.1.4 of Review and Administration Manual. Submit the Final Estimate(s) and one (1) set of final Signed and Sealed "as- built" documents (including, as applicable, all Signed and Sealed revisions to the contract documents [including but not limited to, all revised drawings, specifications, calculations, technical special provisions, load ratings, etc.]). The "as- built" documents must represent all of the Contractor's work in accordance with the Review and Administration Manual. 43 RFP 15 -6456 CEI Services for LAP Funded Projects Revisions to the Certified Final Estimate will be made at no additional cost to the County. 12.2 Certification: Consultant personnel preparing the Certified Final Estimate Package shall be CTQP Final Estimates Level II qualified. Duly authorized representative of the Consultant firm will provide a notarized certification on a form pursuant to FDOT's procedures. 12.3 Offer of Final Payment: Prepare the Offer of Final Payment package as outlined in Chapter 14 of the Review and Administration Manual. The package shall accompany the Certified Final Estimates Package submitted to the County's Construction Project Manager for review. The Consultant shall be responsible for forwarding the Offer of Final Payment Package to the Contractor. 13.0 AGREEMENT MANAGEMENT: 13.1 General: (1) With each monthly invoice submittal, the Consultant will provide a Status Report for the Agreement. This report will provide an accounting of the additional Agreement calendar days allowed to date, an estimate of the additional calendar days anticipated to be added to the original schedule time, an estimate of the Agreement completion date, and an estimate of the Consultant funds expiration date per the Agreement schedule for the prime Consultant and for each subconsultant. The Consultant will provide a printout from the Equal Opportunity Reporting System showing the previous month's payments made to subconsultants. Invoices not including this required information may be rejected. (2) When the Consultant identifies a condition that will require an amendment to the Agreement, the Consultant will communicate this need to the County's Construction Project Manager for acceptance. Upon acceptance, prepare and submit an Amendment Request (AR), and all accompanying documentation to the County's Construction Project Manager for approval and further processing. The AR is to be submitted at such time to allow the County 12 weeks to process, approve, and execute the AR. The content and format of the AR and accompanying documentation shall be in accordance with the instructions and format to be provided by the County. (3) The Consultant is responsible for performing follow -up activities to determine the status of each Amendment Request submitted to the County. 13.2 Invoicing Instructions: Monthly invoices shall be submitted to the County in a format approved by the County, no later than the 20th day of the month following the month being invoiced. If the Consultant cannot submit their monthly invoice on time, the Consultant shall notify the County, prior to the due date the reason for the delay and the planned submittal date. Once submitted, the Consultant shall notify the County's Construction Project Manager via Email of the total delay in calendar days and the reason(s) for the delay(s). All invoices shall be submitted to Collier County in hard copy format. 44 RFP 15 -6456 CEI Services for LAP Funded Projects 14.0 OTHER SERVICES: Upon written authorization by the County's Construction Project Manager, the Consultant will perform additional services in connection with the project not otherwise identified in this Agreement. The following items are not included as part of this Agreement, but may be required by the County to supplement the Consultant services under this Agreement. A. Assist in the timely preparation of all claims and necessary rebuttals with the organization of any and all supporting documentation as needed or required by the County pursuant to the Collier County Alternative Dispute Resolution Procedures. B. Provide qualified engineering witnesses and exhibits for any litigation or hearings in connection with the Contract. C. Assist the County Attorney or his designee as directed in the preparation for Binding Arbitration and Pre -Suit Mediation. D. Provide on- and off -site inspection services in addition to those provided for in this Agreement. 15.0 POST CONSTRUCTION CLAIMS REVIEW: In the event the Consultant for the project submits a claim for additional compensation and /or time after the Consultant has completed this Agreement, the Consultant shall, at the written request from the County, analyze the claim, prepare a recommendation to the County's Construction Project Manager covering validity and reasonableness of charges, and /or assist in negotiations leading to settlement of the claim. Compensation will be separately reimbursed by a Supplement to this Agreement 16.0 CONTRADICTIONS: In the event of a contradiction between the provisions of this Scope of Services and the Consultant's proposal as made a part of their Agreement, the provisions of the Scope of Services shall apply. 17.0 COUNTY AUTHORITY The County shall be the final authority in considering modifications to the Construction Contract for time, money or any other consideration except matters agreed to by the Contractor through contract changes negotiated by the Consultant, as authorized in Section 9.1 herein. 45 RFP 15 -6456 CEI Services for LAP Funded Projects Exhibit "A -A" MINIMUM QUALIFICATIONS FOR CONSTRUCTION ENGINEERING AND INSPECTION PERSONNEL Note: Exceptions to these minimum qualifications may be considered on an individual basis at the discretion of the County. Any exceptions to these minimum qualifications must be preapproved by the County in writing. ARCHITECT- Registered as an architect in accordance with Florida Statute 481 and four years of experience as a registered architect. Qualifications include the ability to communicate effectively, review architectural plans and specifications. Plans and organizes staff; develops and reviews policies and reviews programs for conformity with FDOT standards. A master's degree may be substituted for two years experience. (This position is not eligible for straight or premium overtime pay.) CEI ASPHALT PLANT INSPECTOR- High School Graduate or equivalent plus one (1) year experience in the surveillance and inspection of hot mix asphalt plant operations and have the following: QUALIFICATIONS: CTQP Asphalt Plant Level I CTQP Asphalt Plant Level II CEI BRIDGE PROJECT ADMINISTRATOR (PAINTING/ LEAD ABATEMENT/ STRUCTURAL STEEL REPAIR): CERTIFICATIONS: NACE Level III Certified or BCI Level II Certified SSPC C -3 Lead Paint Removal AWS Certified Welding Inspector (CWI) familiar with ANSI /AASHTO /AWS Bridge Welding Code CEI BRIDGE SENIOR INSPECTOR (PAINTING/ LEAD ABATEMENT/ STRUCTURAL STEEL REPAIR): CERTIFICATIONS: NACE Level III Certified or BCI Level II Certified SSPC C -3 Lead Paint Removal AWS Certified Welding Inspector (CWI) familiar with ANSI /AASHTO /AWS Bridge Welding Code CEI BRIDGE INSPECTOR (PAINTING/ LEAD ABATEMENT/ STRUCTURAL STEEL REPAIR): CERTIFICATIONS: NACE Level I or BCI Level I SSPC C -3 Lead Paint Removal AWS Certified Welding Inspector (CWI) familiar with ANSI /AASHTO /AWS Bridge Welding Code CASTING YARD ENGINEER/ MANAGER- (Concrete Post - Tensioned Segmental Box Girder Bridges (CPTS)) Must be a registered Professional Engineer in the State of Florida (or if registered in another state, have the ability to obtain registration in Florida with 6 months) with a minimum of one (1) year, or non- registered with a minimum of three (3) years of experience with the use of geometry control computer programs and with the performance of surveying procedures required for the production of precast concrete box segments at a casting yard. 46 RFP 15 -6456 CEI Services for LAP Funded Projects GEOTECHNICAL ENGINEER for Category I Bridge Pile Foundations- Registered in the State of Florida as a Professional Engineer (or if registered in another state, the ability to obtain registration in the State of Florida within six months) plus four (4) years of experience as a Geotechnical Engineer in responsible charge of geotechnical work, including at least two Category I bridges with pile foundations. Experience performing. Analyzing and interpreting the results of: non - destructive testing of pile foundations, dynamic and static load testing, the Pile Driving Analyzer (PDA), CAPWAP and WEAP as appropriate. GEOTECHNICAL ENGINEER for Category I Bridge Drilled Shaft Foundations- Registered in the State of Florida as a Professional Engineer (or if registered in another state, the ability to obtain registration in the State of Florida within six months) plus four (4) years of experience as a Geotechnical Engineer in responsible charge of geotechnical work, including at least two Category I bridges with drilled shaft foundations. Experience performing analyzing and interpreting the results of: the Shaft Inspection Device, non - destructive tests of drilled shaft foundations and load tests as appropriate. GEOTECHNICAL ENGINEER for Category II Bridge Pile Foundations- Registered in the State of Florida as a Professional Engineer (or if registered in another state, the ability to obtain registration in the State of Florida within six months) plus five (5) years of experience as a Geotechnical Engineer in responsible charge of geotechnical work, including at least one Category II bridge with pile foundations. Experience performing, analyzing and interpreting the results of: non - destructive testing of pile foundations, dynamic and static load testing, the Pile Driving Analyzer (PDA), CAPWAP and WEAP as appropriate. GEOTECHNICAL ENGINEER for Category II Bridge Drilled Shaft Foundations: Registration in the State of Florida Board as a Professional Engineer (or if registered in another state, the ability to obtain registration in the State of Florida within six months) plus five (5) years of experience as a Geotechnical Engineer in responsible charge of geotechnical work, including at least one Category II bridge with drilled shaft foundations. Experience performing, analyzing and interpreting the results of: the Shaft Inspection Device, non - destructive tests of drilled shaft foundations and load tests as appropriate. GEOTECHNICAL TECHNICIAN for Pile Foundations- Qualified CTQP Pile Driving Inspector, knowledgeable in pile installation in conjunction with dynamic load tests with a minimum of three (3) years of experience on at least two (2) FDOT bridge projects: for projects with Embedded Data Collectors (EDCs), certified EDC monitoring equipment operator. GEOTECHNICAL TECHNICIAN for Drilled Shaft Foundations- Qualified CTQP Drilled Shaft Inspector, knowledgeable in drilled shaft installation with a minimum of three (3) years of experience on at least two (2) FDOT bridge projects. CEI SENIOR ITS INSPECTOR- High School graduate or equivalent plus four (4) years of experience in construction inspection, two (2) years of which shall have been in ITS construction inspection plus the following: QUALIFICATIONS: Fiber Installation Inspection and OTDR Fiber Testing DMS Operation and Testing Controller Operation and Testing CCTV Installation, Operation and Testing MVDS Operations and Testing FDOT SEMP Training Familiarity with Existing Communication Equipment and Switches CERTIFICATIONS: IMSA Traffic Signal Inspector Level I 47 RFP 15 -6456 CEI Services for LAP Funded Projects Or a Civil Engineering Degree and one (1) year of ITS CEI experience. Responsible for performing highly complex technical assignments in fields surveying and construction layout, making and checking engineering computations, inspecting construction work and conducting field tests and is responsible for coordinating and managing the lower level inspectors. Work is performed under the general supervision of the Project Administrator. CEI ITS INSPECTOR- High School Graduate or equivalent plus two (2) years of experience in construction inspection, one (1) year of which shall have been in ITS construction inspection, plus the following: QUALIFICATIONS: Fiber Installation Inspection and OTDR Fiber Testing DMS Operation and Testing Controller Operation and Testing CCTV Installation, Operation and Testing Familiarity with Existing Communication Equipment and Switches MVDS Operations and Testing CERTIFICATIONS: IMSA Traffic Signal Inspector Level I Or a Civil Engineering Degree Responsible for performing assignments in assisting Senior Inspector in the performance of their duties. Receive general supervision from the Senior Inspector who reviews work while in progress, Civil Engineering graduates must obtain certifications within the first year of working as an inspector or Engineer Intern. Exceptions will be permitted on a case -by -case basis so long as qualifications and certifications are appropriate for specific inspection duties. SOFTWARE ENGINEER- An Electrical Engineering Degree and five (5) years of experience in traffic signal design, analysis and implementation; software design analysis, programming and software /hardware and staging for traffic signal control system. (This position is not eligible for straight or premium overtime pay.) COMMUNICATIONS ENGINEER- An Electrical Engineering Degree plus registration in the State of Florida as a Professional Engineer desirable and ten (10) years of experience involving computer controlled systems for computerized traffic signal systems. The experience should include design review, equipment specifications, installation supervision, equipment and reliability analysis. (This position is not eligible for straight of premium overtime pay.) SYSTEMS TECHNICIAN- High School Graduate plus five (5) years of experience in Electronic Systems and /or Traffic Engineering technician level work, detailed experience and training in the use of Otter's and other equipment related to fiber optic communication testing. Requires certification of this training or equivalent training. CEI LANDSCAPE INSPECTOR- High School Graduate or equivalent plus five (5) years of roadway landscape construction experience or Florida Nursery Growers and Landscape Association (FNGLA) Certified Landscape Contractor Certification plus two (2) years of roadway landscape construction experience or a degree in a related field plus three (3) years of roadway landscape construction experience. The individual must be skilled at plant identification, classification, and grades and standards for nursery plants as established by the manual "Grades and Standards for Nursery Plants" by the Florida Department of Agriculture and Consumer Services. The individual must be knowledgeable of current Florida Department of Transportation standards for landscape installation, including plans reading and irrigation system construction. The individual must have the ability to read and interpret contract documents. The individual will receive general supervision from the Senior Inspector who reviews work while in progress. 48 RFP 15 -6456 CEI Services for LAP Funded Projects CEI SENIOR ENVIRONMENTAL SPECIALIST- A Master's Degree in Physical or Natural Science and equivalent and seven (7) years of professional experience or a Bachelor's Degree in Environmental Science and ten (10) years of professional experience and general background and knowledge in wetlands ecology, environmental permitting, wildlife surveys, wetland assessment, mitigation and management, management and erosion control practices, and /or hazardous waste and oil spill remediation, site restoration, environmental audits, contamination assessments, soil and groundwater remediation, and underground storage tank services as appropriate for the project. For project work involving management and erosion control practices, the individual shall be a qualified FDEP Stormwater Management Inspection. QUALIFICATIONS: NPDES FDEP Qualified CERTIFICATIONS: FDEP CEI ENVIRONMENTAL SPECIALIST- A Bachelor's Degree in Environmental Science and three (3) years of professional experience and general background and knowledge in wetlands ecology, environmental permitting, wildlife surveys, wetland assessment, mitigation and management, management and erosion control practices, and /or hazardous waste and oil spill remediation, site restoration, environmental audits, contamination assessments, soil and groundwater remediation, and underground storage tank services as appropriate for the project. For project work involving management and erosion control practices, the individual shall be a qualified FDEP Stormwater Management Inspection. QUALIFICATIONS: NPDES FDEP Qualified CERTIFICATIONS: FDEP PUBLIC INFORMATION OFFICER- High School Graduate or equivalent and be knowledgeable in public information and /or advertising involving mass circulation or distribution of literature, mass advertising or other similar activities and performed such work for at least three (3) years. CEI CONTRACT COMPLIANCE SPECIALIST- High School Graduate or equivalent with one (1) year of experience as a contract compliance specialist on a construction project or two (2) years of assisting the compliance specialist in monitoring the project. Should have prior experience in both State and Federal Aid funded construction projects with FDOT and knowledge of EEO /AA laws and FDOT's DBE and OJT programs. Ability to analyze, collect, evaluate data, and take appropriate action when necessary. Must attend all training workshops or meetings for Contract Compliance Specialists as well as spend time at the District Compliance office as determined necessary. CEI SENIOR INSPECTOR BUILDING STRUCTURES- High School Graduate plus eight (8) years of experience in construction inspection with four (4) years of experience in performing highly complex technical assignments in field surveying and construction layout, making and checking engineering computations, inspecting construction work and conducting fields tests. Senior Building Structures Inspector must be fully knowledgeable of all aspects of the building construction to include masonry work and familiarization with the local and State building codes and ordinances. Work is performed under the general supervision of the Project Engineer. CEI BUILDING INSPECTOR/ ELECTRICAL- High School Graduate plus five (5) years experience as a qualified building inspector or general contractor. Experience shall be actual field experience as a qualified building inspector or job superintendent. Inspector must be fully knowledgeable of all local and State building codes and ordinances. CEI UTILITY COORDINATOR- High School Graduate or equivalent and be knowledgeable of FDOT's Standards, policies, procedures, and agreements and shall have a minimum of four (4) years of experience performing utility coordination in accordance with FDOT's Standards, policies, procedures and agreements 49 RFP 15 -6456 CEI Services for LAP Funded Projects Exhibit B Federal Provisions Professional Services FHWA 20.205 FEDERAL LAWS AND REGULATIONS Because this project activity is funded in whole or in part by the Federal Government, or an Agency thereof, Federal Law requires that the Applicant's contracts relating to the project include certain provisions. CIVIL RIGHTS COMPLIANCE The Consultant, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 200d to 200d -7 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non - discrimination in Federally- assisted programs of the Department of Transportation issued pursuant to such Act, Collier County hereby notifies all consultants that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, national origin, marital status, sex, age, disability in consideration for an award. Non Discrimination : All contracts shall contain a provision requiring compliance with Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits. 1. Equal Employment Opportunity: The following equal employment opportunity requirements apply to the underlying contract: a. Age: Under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101 - 6107), the Consultant agrees to refrain from discrimination against present and prospective employees on the basis of age. b. Race, Color, Creed, National Origin, Sex: Per Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, the Consultant agrees to refrain from discrimination against anyone on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts. The Consultant agrees to take affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer and in such actions as recruitment or recruitment advertising; layoff /termination, rates of pay or other forms of compensation; and election for training and apprenticeship. c. Disabilities: The Consultant agrees that it will comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. 50 Access to Documents: Consultant shall exercise best efforts to maintain communication with Applicant's personnel, whose involvement in the project is necessary for successful and timely completion of the work of the project, including but not limited to the closing of specific transactions. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. During the term of the Agreement and for the ensuing record - retention period, Consultant shall make any or all project records available upon reasonable request, and in any event within two (2) business days if requested, to Collier County, and any other agency of State or Federal government, or the duly authorized representatives of any of the foregoing, that has provided funding or oversight or the project, for the purpose of making audit, examination, excerpts and /or transcriptions. For purposes of this section, "records" means any and all books, documents, papers and records of any type or nature that are directly pertinent. Retention of Documents: Consultant shall maintain all project records for a minimum period of three (3) years from the date of the last voucher. Debarment and Suspension (E.O.s 12549 and 12689): Contract awards that exceed the small purchase threshold and certain other contract awards shall not be made to parties listed on the nonprocurement portion of the General Services Administration's List of parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and Consultants declared ineligible under statutory or regulatory authority other than E.O. 12549. Consultants with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principals. Vendors submitting proposals for this purchase must attest that they, and their sub - Consultants and partners, are not excluded from receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement suspension and debarment. Consultant's debarment and suspension status will be validated at the System for Award Management at www.sam.govand the State of Florida at http: / /dms.myflorida.com/ business _operations /state — purchasing/ vendor information. Byrd Anti - Lobbying Amendment (31 U.S.C. 1352): Consultants who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded up from tier -to- tier -to recipient. DBE Participation The overall goal for the Florida Department of Transportation's (FDOT) Disadvantaged Business Enterprise (DBE) program for FHWA assisted contracts is established on a triennial basis. The overall goal for federal fiscal years 22015 — 2017 has been set at 9.91% race- neutral utilizing the methodologies described in 49 CRF Part 26. This means that the State's goal is to spend at least 9.91% of the federal aid highway dollars with Certified DBE's as prime firms or as sub- consultants /sub- Consultants. Race - neutrality means that the Department has demonstrated that the 9.91% overall goal can be achieved through the normal competitive procurement process without using DBE contract goals. 51 RFP 15 -6456 CEI Services for LAP Funded Projects The County encourages DBE firms to compete for County professional services projects, and also encourages non -DBE consultants to use DBE firms as sub - consultants. However, use of DBE sub - consultants is not mandatory and no preference points will be given in the selection process for DBE participation. The CONSULTANT, sub recipient or sub - Consultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The CONSULTANT shall carry our applicable requirements of 49 CFR Part 26 in the award and administration of DOT — assisted contracts. Failure of the CONSULTANT to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the COUNTY deems appropriate. Each subcontract the CONSULTANT or its subs signs in regards to a federal aid project must include the assurance in the above paragraph (see 49 CFR 26.13(b)). The CONSULTANT and its sub - Consultants agree to comply with all applicable federal implementing regulations and other implementing requirements the Federal government may issue. Prohibited Interests "No member, officer, or employee of the County or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." Each subcontract the CONSULTANT or its subs signs in regards to this Contract must include the assurance in the above paragraph. Terms for Federal Aid Contracts The following terms and conditions supersede any terms and conditions under the General Conditions of this contract and/or policy and guidelines of Collier County Government for the purpose of this engagement only. The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal funds: A. It is understood and agreed that all rights of Collier County relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. B. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of U.S.Department of Transportation, anything to the contrary in this Agreement notwithstanding. C. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in Federally- assisted programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. D. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant r shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when 52 RFP 15 -6456 CEI Services for LAP Funded Projects the contract covers a program set forth in Appendix B of the Regulations. E. Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. F. Information and Reports: The Consultant will provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by Collier County, Florida Department of Transportation, a Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and /or Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to Collier County, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and /or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. G. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, Collier County shall impose such contract sanctions as it or the Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and /or Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: withholding of payments to the Consultant under the contract until the Consultant complies and /or cancellation, termination or suspension of the contract, in whole or in part. H. Incorporation of Provisions: The Consultant will include the provisions of paragraphs C through I in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as Collier County, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and /or the Federal Motor Carrier Safety Adminsitration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request Collier County to enter into such litigation to protect the interests of Collier County and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights 53 RFP 15 -6456 CEI Services for LAP Funded Projects Restoration Act of 1987, (PL 100 -209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non - discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations, which ensures non - discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). J. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any share or part of this contract or to any benefit arising therefrom. K. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. L. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Consultant and any subconsultant or contractor. The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT- assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. M. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement. N. It is understood and agreed that if the Consultant at any time learns that the certification it provided the County in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Consultant shall provide immediate written notice to the County. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation. 54 RFP 15 -6456 CEI Services for LAP Funded Projects O. Collier County hereby certifies that neither the consultant nor the consultant's representative has been required by the County, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to: 1. employ or retain, or agree to employ or retain, any firm or person or 2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind. The County further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. P. The Consultant hereby certifies that it has not: 1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above contractor) to solicit or secure this contract; 2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this contract; or 3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract. The consultant further acknowledges that this agreement will be furnished to Collier County, the State of Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal- Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. E- Verify All consultants, and their subconsultants, performing work or providing services shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired during the contract term. Public Entity Crimes Statement In accordance with Florida Statutes Sec. 287.133(2)(a), A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide goods /services to a public entity nor be awarded or perform work as a contractor, supplier, subcontractor, or Consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 55 RFP 15 -6456 CEI Services for LAP Funded Projects Exhibit C Granting Agency Requirements THE FOLLOWING DOCUMENTS SHOULD BE RETURNED WITH SOLICITATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE 1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions 2. General Grant Clauses 3. Certification for Disclosure of Lobbying Activities on Federal Aid Contracts 4. Standard Form -LLL. Disclosure of Lobbying Activities Form 5. Conflict of Interest Affidavit 6. Collier County DBE Participation Statement 7. Collier County Consultant Bid Opportunity List 8. Drug Free Workplace Certification 9. Truth in Negotiation Certification 56 RFP 15 -6456 CEI Services for LAP Funded Projects COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this application /proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where . the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name Project Name Title Project Number Firm Tax ID Number DUNS Number Street Address, City, State, Zip Signature 03/04/2013- (2) 1 COLLIER COUNTY General Grant Clauses On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor /Contractor Name Authorized Signature Address Solicitation Contract # Date COLLIER COUNTY Certification Regarding Lobbying The undersigned (Vendor/ Contractor) certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P. L. 104 -65, to be codified at 2 U.S.C. 1601, et seq. )] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)- (2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Vendor /Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. me of Authorized Official Title Signature of Vendor /Contractor's Authorized Official Date 02/15 R3 COLLIER COUNTY Certification Regarding Lobbying The undersigned his or her knowledge and belief, that: (Vendor/ Contractor) certifies, to the best of (1) No State appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of the Legislature, an officer or employee of the judicial branch, or an employee of a State agency in connection with the awarding of any State contract, the making of any State grant, the making of any State loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State contract, grant, loan, or cooperative agreement. (2) No grantee, nor its persons or affiliates, may employ any person or organization with funds received pursuant to any State agreement for the purpose of lobbying the Legislature, the judicial branch, or a State agency. The purpose of lobbying includes, but is not limited to, salaries, travel expenses and per diem, the cost for advertising, including production costs; postage; entertainment; and telephone and telegraph; and association dues. The provisions of this paragraph supplement the provisions of section 11.062, Florida Statutes, which is incorporated by reference into this solicitation, purchase order or contract. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The Vendor /Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this certification and disclosure, if any. Name of Authorized Official Signature of Vendor /Contractor's Authorized Official Date Title 02/15 R3 COLLIER COUNTY Vendor Submittal — Conflict of Interest Certification Collier County Solicitation No. I, , hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by, the conduct of this matter. Name Signature Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made: (1) to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge - issued subpoena; (3) to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE /GOVT -2 executive branch -wide Privacy Act system of records. COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified. Unverifable statuses will require the PRIME to either proivde a revised statement or provide source documentation that validates a status. A. PRIME VENDOR /CONTRACTOR INFORMATION I PRIME NAME I PRIME FEID NUMBER I CONTRACT DOLLAR AMOUNT IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, IS THE ACTIVITY OF THIS CONTRACT... MINORITY OR WOMEN BUSINESS ENTERPRISE? DBE? Y N CONSTRUCTION ? Y N (DBE /MBE /WBE) OR HAVE A SMALL DISADVANTAGED BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS MBE? Y N CONSULTATION? Y N ADMINISTRATION? A SERVICE DISABLED VETERAN? WBE? Y N OTHER? Y N SDB 8A? Y N IS THIS SUBMISSION A REVISION? Y N JIF YES, REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN - OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE M /WBE SUBCONTRACTOR OR SUPPLIER I TYPE OF WORK OR I ETHNICITY CODE I SUB /SUPPLIER PERCENT OF CONTRACT VETERAN I NAME SPECIALTY (See Below) I DOLLAR AMOUNT t DOLLARS TOTALS: C. SECTION TO BE COMPLETED BY PRIME VENDOR /CONTRACTOR NAME OF SUBMITTER I DATE I TITLE OF SUBMITTER I EMAIL ADDRESS OF PRIME ( SUBMITTER) I TELEPHONE NUMBER I FAX NUMBER I NOTE: This information is used to track and report anticipated DBE or MBE participation in federally - funded contracts. The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation. If and when awarded a County contract, the prime will be asked to update the information for the grant compliance files. El Fz "LflNW7aWj&WMW .1r Black American BA Hispanic American HA Native American NA Subcont. Asian American SAA Asian - Pacific American APA Non - Minority Women NMW Other: not of any other group listed 0 I D. SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT NAME I COLLIER CONTRACT a (IFB /RFP or PO /REQ) I GRANT PROGRAM /CONTRACT (ACCEPTED BY: I DATE COLLIER COUNTY GRANT COMPLIANCE FORM BID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES It is the policy of Collier County that disadvantaged businesses and minority vendors, as defined in the Code of Federal Regulations (CFR) or Florida Statutes (FS), must have the opportunity to participate on contracts with federal and /or state grant assistance. Prime Contractor /Prime Consultant: Address and Phone Number: Procurement Number /Advertisement Number: The list below Is intended to be a listing of firms that are, or attempting to, participate on the project numbered above. The list must include the firm bidding or quoting as prime, as well as subs and suppliers quoting for participation. Prime contractors and consultants must provide information for Numbers 1, 2, 3, and 4; and, should provide any information they have for Numbers 5, 6, 7, and 8. This form must be submitted with the bid package. 1. Federal Tax ID Number: 611 DBE 8. Annual Gross Receipts 2. Firm Name: Non -DBE Less than $1 million 3. Phone Number: Between $ 1 -5 million 4. Address Between $ 5 -10 million 711 Subcontractor Between $ 10 -15 million Subconsultant More than $ 15 million S. Year Firm Established: 1. Federal Tax ID Number: 6. DBE 8. Annual Gross Receipts 2. Firm Name: B Non -DBE Less than $ 1 million 3. Phone Number: Between $1 -5 million 4. Address Between $ 5 -10 million 7.8 Subcontractor Between $10-15 million Subconsultant More than $ 15 million S. Year Firm Established: 1. Federal Tax ID Number: 6. DBE 8. Annual Gross Receipts 2. Firm Name: Non -DBE Less than $1 million 3. Phone Number: Between $ 1 -5 million 4. Address Between S 5 -10 million 7. Between $ 10-15 million BSubcontractor Subconsultant More than $ 15 million S. Year Firm Established: 1. Federal Tax ID Number: 6.8 DBE 8. Annual Gross Receipts 2. Firm Name: Non -DBE Less than $ 1 million 3. Phone Number: Between $1 -5 million 4. Address Between $ 5 -10 million 7. Subcontractor Between $ 10-15 million B Subconsultant More than $ 15 million S. Year Firm Established: COLLIER COUNTY GRANT COMPLIANCE FORM BID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES Continued 1. Federal Tax ID Number: 611 DBE 8. Annual Gross Receipts 2. Firm Name: Non -DBE Less than $1 million 3. Phone Number: Between $ 1 -5 million 4. Address Between $ 5 -10 million 7. Between $ 10 -15 million ®Subcontractor Subconsultant More than $ 15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6.8 DBE 8. Annual Gross Receipts 2. Firm Name: Non -DBE Less than $1 mitlion 3. Phone Number: Between $ 1 -5 million 4. Address Between $ 5 -10 million 7. Subcontractor Between $ 10 -15 million Subconsultant More than $ 15 million 5. Year Firm Established: 1, Federal Tax ID Number: 6. DBE 8. Annual Gross Receipts 2. Firm Name: a Non -DBE Less than $ 1 million 3. Phone Number: Between $ 1 -5 million 4. Address Between $ 5 -10 million 7. Subcontractor Between $ 10-15 million B Subconsultant More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. DBE 8. Annual Gross Receipts 2. Firm Name: ® Non -DBE Less than $ 1 million 3. Phone Number: Between $1 -5 million 4. Address Between $ 5 -10 million 7. Between $ 10-15 million ®Subcontractor Subconsultant More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. DBE 8. Annual Gross Receipts 2. Firm Name: a Non -DBE Less than $ 1 million 3. Phone Number: Between $ 1 -5 million 4. Address Between $ 5 -10 million 7.8 Subcontractor Between $ 10 -15 million Subconsultant More than $ 15 million S. Year Firm Established: COLLIER COUNTY Certification Regarding Drug -Free Workplace Requirements The grantee certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about— (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation and employee assistance programs, and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will — (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after each conviction; (e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted — (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). Certifying Official Name Title Signature Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030 -30 TRUTH IN NEGOTIATION CERTIFICATION PROCUREMENT ,oro, For any lump -sum or cost - plus -a -fixed -fee professional service agreement over $60,000 the Florida Department of Transportation (Department) requires the Consultant to execute this certificate and include it with the submittal of the Technical Proposal. By: The Consultant hereby certifies, covenants and warrants that wage rates and other factual unit costs supporting the compensation for this project's agreement will be accurate, complete, and current at the time of contracting. The Consultant further agrees that the original agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the Department determines the agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such agreement adjustments shall be made within one (1) year following the end of the agreement. For purpose of this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of the work by the Department, whichever is later. Name of Consultant Authorized Signature Date EXHIBIT D LAP FUNDED PROJECT LIST )15 57 RFP 15 -6456 CEI Services for LAP Funded Projects List of Collier County FDOT /FHWA Projects As of 07/27/21 LAP 429899 -1 New Market Rd Sidewalk CEI LAP 433177 -1 Golden Gate Intersection CEI LAP 435119 -1 49th Terrace Sidewalks CEI LAP 434990 -1 GG Various Sidewalks CEI LAP 433176 -1 Pine Ridge Turn Lane CEI LAP 435030 -1 Sunshine Blvd. Sidewalks CEI LAP 435117 -1 North Naples Sidewalks CEI LAP 435118 -1 Vanderbilt Bike Lane /Sidewalk CEI LAP 435116 -1 GG Collector Sidewalks CEI )15 57 RFP 15 -6456 CEI Services for LAP Funded Projects EXHIBIT II AIM Engineering & Surveying Proposal (following this page) MAIM Engineering ODA 226 4569 tAx 6ox � 235 OKI` %— Y ind Al, A OW, AMC .0111 ON, Or SAO 332 1734 Sury Ting, Inc. —7771477 0 —aj a q —e- I" 07d 0 AIM Engineering & Surveying., Inc. la-il-Vtol 190=EME RFP # 15 -6456 CEI Services for LAP Funded Projects Key Personnel and Subconsultants AIM EnQineerinp & Survevine. Inc. Jerron Hull Principal Karen Miracola Deputy PM & Contract Compliance Denis Roza CEI Senior Project Enginer Bob Potter Senior Surveyor & Mapper Mike Marion Senior Engineer Hector Luozao Engineer Missie Barletto Permitting Coordinator Felipe De La Cruz Project Administrator James DeLisle Project Administrator Tony Chin Project Administrator Kathy Griffin Contract Support Specialist Keith Barber Contract Support Specialist Lani Whelpley Resident Compliance Specialist Juan Alcantar Senior Inspector James Ritenberg Senior Inspector Joe Foose Senior ITS Inspector Robert Cockram Inspector Jeffrey Papner Inspector Steven Baez Inspector Aide Lani Whelpley Clerical 1 Cella Molnar & Associates, Inc (DBE) Kris Cella Kaye Molnar Jennifer Doming Brianna Wagner Melissa Moore Sherrell Evans Sync Systems, LLC (DBE) Public Information Officer A Public Information Officer B Public Information Officer C Public Information Officer D Computer /CADD Technician Clerical /Admin Ashley Hull Project Manager TBD Project Administrator TBD Contract Support Specialist Brandon Carpenter Senior Inspector TBD Inspector TBD Resident Compliance Specialist TBD Inspector Aide 2 THREE PART WAGE CERTIFICATION PRE -AWARD AUDIT PACKAGE CERTIFICATIONS RFP #15 -6456 CEI Services for LAP Funded Projects AIM Engineering & Surveying, Inc. Firm Name CERTIFICATION OF ESTIMATING SYSTEM I certify that the method of estimating costs in the enclosed audit package is consistent with the accounting practices, which are used for accumulating and reporting of costs in accordance with our cost accounting system ' L4 Name (Signature) Tracy Levy Vice PresidentfTreasurer Title Date CERTIFICATION OF WAGE RATES I certify that the above hourly rates are current and accurate for the named employees as of Name (Sig ' ure) Tracy evy Vice President/Treasurer Title i _�b h o/ Date GERTWAGATION OF WAGE4ZATE4NCREASES t eeFtify t#al t erwal -wage fate FRGF8a6e f49F Fne d- aedkOf�-sest of hyinq-ad1u6AM8At6 fOF the a eFApleyees has - averaged _0% fia he- past twe (2) years-- These - adjustments -are g+ven-cn "f -each -year (These adjustments- ci"ven- Gptte-emplayee's nniver6ary- dateas4ndi atedOn the +or}-) — -- — - -- -- — - -Name (Signature) —Tale - - Date SCHEDULER CONSULTANT'S PERSONNEL HOURLY RATE SCHEDULE for. RFP # 15 -6456 CEI Services for LAP Funded Projects CONSULTANT OR SUB - CONSULTANT NAME: AIM Engineering & Surveying, Inc. (1) Project Position or Classification (Function to be Performed) Hourly Rate PRINCIPAL $206.00 SENIOR PROJECT MANAGER $172.00 PROJECT MANAGER I $147.00 SENIOR ENGINEER $157.00 ENGINEER $123.00 PROJECT ADMINISTRATOR $110.00 CONTRACT SUPPORT SPECIALIST $100.00 SENIOR ITS INSPECTOR $96.00 SENIOR INSPECTOR $96.00 INSPECTOR $76.00 RESIDENT COMPLIANCE SPECIALIST $65.00 INSPECTOR AIDE $60.00 CLERICAL /ADMINISTRATIVE $62.00 CADD /COMPUTER TECHNICIAN $72.00 CMO:033 09/25/01 Page 1 of 2 J CONSULTANT'S PERSONNEL HOURLY RATE SCHEDULE for: RFP # 15 -6456 CEI Services for LAP Funded Projects CONSULTANT OR SUB - CONSULTANT NAME. AIM Engineering & Surveying, Inc. (1) Project Position or Classification Hourly Rate (Function to be Performed) SENIOR SURVEYOR & MAPPER 1 $180.00 SURVEYOR & MAPPER 1 $120.00 SENIOR TECHNICIAN 1 $ 85.00 TWO PERSON SURVEY CREW 1 $130.00 THREE PERSON SURVEY CREW I $161.00 FOUR PERSON SURVEY CREW 1 $189.00 CMO:033 09/25/01 Page 2 of 2 VIA 9f 5 A 2015 Florida Department of Transportation RR 60i suwannet Street (A)VI KNOR Talkibwsce, Fl_ 32399-0450 M091M 5300 Lee Boulevard Lehigh Acres, Florida 33971 # It * The Florida Department of Transportation has reviewed your application for qualification package and determined that the data submitted is adequate to qualify your firm for the following types of work, ESML�� Minor Highway Design Major Highway Design 13 - Controlled Access Highway Design EM.M U=. 81 - Control Surveying 8,2 - Design, Right of Way & Construction Surveying, VA - Right of Way Mapping DZEM��# 101 -Roadway Construction Engineering Inspection 1U - Construction Materials inspection Minor Bridge & Miscellaneous Structures CEI Group 13 - Planning 13A Systems Planning 13 5 Subarea/Corridor Planning 116 Land Plannirtg/Engineerin�g, www.dot,state.fl.us Your overhead audit has been accepted enabiing your firm to compete for projects advertised at the unlimited level. with estimated fees of any dollar amount This status shall be valid until June 30_2016 for contracting purposes Facilities Home /Branch Field Capital Cost Overtime Office Office of Money Premium Direct Expense Overhead Rate 191 37% 14537% 0,438% Excluded 6 91% (Home) 26 66% (Field)" 'Rent and utilities excluded from field office rate These costs will be directly reimbursed on contracts that require the consultant to provide field office Should you have any questions, please feel free to contact me by email at carliayn kell@a dot state fl us or by phone at 850 - 414 -4597 Sincerely, Carlia yn Kelt i Professional Services Qualification Administrator www.dot.state.fl.us STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-40 CERTIFICATION OF USE OF L PROCUREMENT OWER TIER SUBS 01111 Financial Project No.: RFP 15-6456 Project Description: CEI Services for LAP Funded Proiecls 1, the undersigned, certify that I have disclosed all lower tier subconsultants/sub-vendors proposed to be used by my firm to perform services on the subject FDOT contract. In accordance with Section 7A of the Standard Professional Services Contract, I understand that: "The Consultant will not sublet, assign or transfer any work under this Agreement to other than subconsultants specified in the Agreement without the written consent of the Department." I will comply with the aforementioned FDOT contractual requirement. Additionally, I certify that all rates proposed by my firm in the fee proposal do not reflect blending of costs with lower tier subconsultants/sub-vendors. I further certify that either: (Indicate choice by checking box) ❑ There are no lower tier subconsultants/sub-vendors to my consultant firm on this contract. Or I have disclosed all lower tier subconsultants/sub-vendors to my firm, and the full list of lower tier subconsultants/sub-vendors who may be utilized by my firm on this contract is provided below: Cella Molnar & Associates, Inc. Sync S)(§t@ms, LLC Firm Name Signature: Name of C( Title: Vice President/Treasurer Date of Certification: 1/26/16 THREE PART WAGE CERTIFICATION PRE -AWARD AUDIT PACKAGE CERTIFICATIONS RFP #15 -6456 CEI Services for LAP Funded Projects Cella Molnar & Associates, Inc. Firm Name CERTIFICATION OF ESTIMATING SYSTEM I certify that the method of estimating costs in the enclosed audit package is consistent with the accounting practices, which are used for accumulating and reporting of costs in accordance with our cost accounting system S 1!L4_ Name (Signature) CEO Title January 22, 2016 Date CERTIFICATION OF WAGE RATES I certify that the above hourly rates are current and accurate for the named employees as of CELLA MOLNAR & ASSOCIATES INC Name (Signature) Title January 22, 2016 Date GER44F4GATION 0 F W €-A& €-9 I eert4y4hat the anew! -wage rate4n crease- #er I er+t afldlor- s©st et 1+v n@ adjEastmenis4or4he- s averaged — O�,#e�ttas past two-{ -2}- years. These adjustments are - iveA era of eaGh yeaf -- -(These adjustmentsare -given dn4he-emptoyee's anr*versary- date -as indicated on the -above documentation. ) - - - — Name- (Signatdr� - - -- - — Titte - - - - -Date t� SCHEDULE B TANT'S PERSONNEL HOURLY RATE SCHEDULE for: RFP # 15 -6456 CEI Services for LAP Funded Proiects CONSULTANT OR SUB - CONSULTANT NAME: Cella & Associates, Inc. Project Position or Classification (Function to be Performed) Hourly Rate PUBLIC INFORMATION OFFICER A $169.89 PUBLIC INFORMATION OFFICER B $132.55 PUBLIC INFORMATION OFFICER C $101.16 PUBLIC INFORMATION OFFICER D $68.98 COMPUTER /CADD TECHNICIAN $54.22 i CLERICAL /ADMIN $47.84 CMO:033 09/25/01 Page 1 of 1 C'nIP /1 /llU� A 761; Florida Department of Transportation RICK SCOTT 605 Suwannee Street JIM BOXOID GOVERNOR Tallahassee, Fl 32399 -0456 SECRETARY This Office has completed the review of the Rate Audit Report submitted by Cella Molnar & Associates, Inc. for the period ending December 31, 2014. The rates we have accepted are listed below. The accepted rates allow the Consultant to exceed contract fees of $500,000 per contract. REVIENV OF ,AUDIT REPORT � CO.\V'LTANT (-01-1\101t1a1 S: FFErrded Prequal {rCali NAVE :,1.tifates. on Expires -1 16 CP. 41.5 hunt <r& D.4TEof .4I'DITDATE VAIIE ?' . RECEIPT RFIR0 -H I ST. _AT L S ACCEPTED REJECTED OT PRE31II -.V Reimbursed T " -1 ,1 Rec;. 1. ST BAS OVERHEAD Hate Field 1166.880.11 92.55 °0 Fn RATES DIRECT EXPENSE Home "Field FCC11 PublishedFee.Schednle l7.?6 °0 0.00 °0 0.783 0o amides �, Rent ct Cts:me s Jeffrey B. Owens Procurement Office Florida Department of Transportation 850 - 414 -4539 9effrey.owens(a)dot.state.fl. us Please note that Florida has a broad public records law and that all correspondence, including e -mail, may be subject to disclosure. Are you doing your part for Florida? Report FRAUD... 1- 800 - 255 -8099! With your help, we all benefit t �_ J STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 37140410 CERTIFICATION OF USE OF LOWER TIER SUBS PROCUREMENT ors, Financial Project No RFP #15 -6456 _ Project Description CEI Services for LAP Funded Proiects I, the undersigned, certify that I have disclosed all lower tier subconsultants /sub-vendors proposed to be used by my firm to per-form services on the subject FDOT contract In accordance with Section 7A of the Standard Professional Services Contract, I understand that. "The Consultant will not sublet, assign or transfer any work under this Agreement to other than subconsultants specified in the Agreement without the written consent of the Department " I will comply with the aforementioned FDOT contractual requirement. Additionally, I certify that all rates proposed by my firm in the fee proposal do not reflect blending of costs with lower tier subconsultants/sub- vendors. I further certify that either (Indicate choice by checking box) ® There are no lower tier subconsultants /sub- vendors to my consultant firm on this contract Or ❑ 1 have disclosed all lower tier subconsultants /sub- vendors to my firm, and the full list of lower tier subconsultants/sub- vendors who may be utilized by my firm on this contract is provided below. Firm Name: CELLA MOLNAR & ASSOCIATES INC Signature: Name of Certifying Official (Print) Kris Cella Title: CEO Date of Certification January 22 2016 1; -1r THREE PART WAGE CERTIFICATION PRE -AWARD AUDIT PACKAGE CERTIFICATIONS RFP #15 -6456 CEI Services for LAP Funded Projects Sync Systems, LLC Firm Name CERTIFICATION OF ESTIMATING SYSTEM I certify that the method of estimating costs in the enclosed audit package is consistent with the accounting practices, which are used for accumulating and .reporting /of costs in accordance with our cost accounting system. Name (Signatu ) Ashley Hull President Title Date CERTIFICATION OF WAGE RATES I certify that the above hourly rates are c rrent and acc rate for the named employees as of Name (Siopatu e) Ashley Hull President Title Date G €RTlFIGA-T43N -9 WAGE RATE €4NC€ EASES eve er�Yees ha ° 2) year -T44e6e- of each- year. (T-t�eseadjustmewts are g+ven -GA the- ernpleyeeaanniversacY date -a&_ ndi Gated- 4Gn4he-above- documentation ) - — Na.._ {Signature) Ti le 00 CONSULTANT'S PERSONNEL HOURLY RATE SCHEDULE for: RFP # 15 -6456 CEI Services for LAP Funded Projects CONSULTANT OR SUB - CONSULTANT NAME: Sync Systems, LLC (1) Project Position or Classification Hourly Rate (Function to be Performed) PROJECT MANAGER 1 $150.00 PROJECT ADMINISTRATOR 1 $102.00 CONTRACT SUPPORT SPECIALIST I $90.00 SENIOR INSPECTOR 1 $85.00 INSPECTOR 1 $70.00 RESIDENT COMPLIANCE SPECIALIST $62.00 INSPECTOR AIDE 1 $55.00 CM0:033 09/25/01 Page 1 of 1 RICK SCOTT 605 Suwannee Street ANANTH PRASAD, P.E. GOVERNOR Tallahassee, FL 32399-0450 SECRETARY This Office has completed the review of the self-certification (projection) information submitted by Sync Systems, LLC for the period ending December 31, 2014. The rates we have accepted are listed below. The Field Office Overhead and Direct Expense rates are limited to the Department caps. These rates were revised. The original costs were projected for the home office, but later changed to field office costs. CPA Is DATE OF Cerr.DATE 116115 Home Elm F7 Ld Home F J bhshed Fee Schedstle P �'k capped capped Jeffrey B. Owens Procurement Office 850-414-4539 ieffrey.ow,ensCcD_dot.state.fl.us Please note that Florida has a broad public records law and that all correspondence, including e-mail, may be subject to disclosure. Are you doing your part for Florida? Report FRAUD... 1-800-255-8099! With your help, we all benefit, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375.030-40 CERTIFICATION OF USE OF LOWER TIER SUBS PROCUREMENT Ovn Financial Project No.: RFP 15 -6456 Project Description: CEI Services for LAP Funded Proiects I, the undersigned, certify that I have disclosed all lower tier subconsultants /sub- vendors proposed to be used by my firm to perform services on the subject FDOT contract. In accordance with Section 7A of the Standard Professional Services Contract, I understand that "The Consultant will not sublet, assign or transfer any work under this Agreement to other than subconsultants specified in the Agreement without the written consent of the Department " I will comply with the aforementioned FDOT contractual requirement. Additionally, I certify that all rates proposed by my firm in the fee proposal do not reflect blending of costs with lower tier subconsultants /sub- vendors. I further certify that either: (Indicate choice by checking box) EJ There are no lower tier subconsultants /sub- vendors to my consultant firm on this contract. Or ❑ I have disclosed all lower tier subconsultants /sub- vendors to my firm, and the full list of lower tier subconsultants /sub- vendors who may be utilized by my firm on this contract is provided below: Firm Name: Signature: Name of Certifying Official (Print): Ashley Hull Title: President Date of Certification: 1/26/16