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Agenda 06/27/2017 Item #16A1506/27/2017 EXECUTIVE SUMMARY Recommendation to award a contract under Request for Proposal (RFP) solicitation number 17 - 7072, “Stormwater Utility Program Phase II”, to Stantec Consulting Services, Inc. (“Stantec”), in the amount of $343,313, Project Number 51144, and authorize the necessary budget amendments. OBJECTIVE: To develop and provide the necessary analysis and materials required to properly make major policy decisions regarding rate structure, billing methodology, levels of service, and rate study methodology for implementing a stormwater utility for Collier County. CONSIDERATIONS: On November 18, 2014, the Board of County Commissioners approved Collier County Planning Commission’s recommendation to seek an alternate source of funding to adequately fund Stormwater Management related initiatives and operations (Item 9.A). On November 3, 2015, the Board of County Commissioners (Board) discussed initiating an analysis of development of a stormwater utility during the Integrated Water Resources Management S trategy Workshop. The purpose of a stormwater utility feasibility study is to take a detailed look at all current and future stormwater and surface water management needs and evaluate a mechanism that would create a dedicated restricted funding source that would support the stormwater program. On December 8, 2015, at a regular Board meeting, the Board authorized staff to secure a consultant and begin Phase I of the stormwater utility review and analysis (Item 16.A.20). A notice to proceed was issued on April 19, 2016 for consultant Amec Foster Wheeler Environment & Infrastructure, Inc. to complete the Phase I portion of the project. On September 27, 2016, staff along with Amec Foster Wheeler Environment & Infrastructure, Inc. provided the Board of County Commissioners with an overview of a stormwater utility (Item 11.C). The Board directed the County Manager to proceed with a stormwater utility feasibility study, Phase II, that would evaluate an alternative dedicated funding source for ongoing and future Stormwater Management related initiatives and operations; and to bring the findings of the study back to the Board for future consideration on implementation. On May 9, 2017, the Board approved the selection committee’s ranking and directed staff to begin contract negotiations with the top ranked firm, Stantec. Staff is recommending the Board approve this recommendation to begin Phase II of the analysis of designing and developing a Collier County stormwater utility, which will include, but not limited to the following tasks: Task Task 1 - Project Initiation and Data Collection Task 2 - Evaluate Revenue Requirements, Cost of Service, Rate Structure Task 3 - Preparation of Preliminary Budget (Level of Service Analysis) Task 4 - Review and Evaluation of Billing and Collection Alternatives Task 5 - Public Information Program Task 6 - Findings and Recommendations Report Task 7 - Detailed Cost of Service Analysis and Rate Development Task 8 - Develop Final Strategy, Work Plan for Billing and Collection System 16.A.15 Packet Pg. 813 06/27/2017 Task 9 - Prepare and Present Final Report Task 10 - Project Specific Website The following is an anticipated timeline required for implementation: June 2017: Consultant "Notice to Proceed” June 2017: September 2017: Public Outreach Program/Organizational Structure and Budget Development/Evaluation of Billing and Collection Alternatives September 2017 - January 2018: Develop a detailed rate study as the basis for development of the Master Account File Feb/Mar 2018: Prepare/finalize and advertise a resolution establishing the rate structure and effective billing date utility for the stormwater, subject to Board of County Commissioners consideration and approval July 2018: Accept the Master Account File (MAF) as the basis for sending stormwater utility billings August 2018: TRIM notices are sent out to property owners September 2018: Certify the MAF for the Tax Collector October 2018 (last working day of the month): Send out the annual stormwater utility bills FISCAL IMPACT: Budget amendments are required to move $41,941 from National Pollutant Discharge Elimination System (NPDES) project 60121, and $100,000 from North Golden Gate Estates Flow way project 60127; to the Stormwater Master Plan project 51144, within the Stormwater Capital Fund (325). Staff analyzed current and future needs to be funded from the cited project numbers to assure that these budget amendments will not affect current and future financial commitments. GROWTH MANAGEMENT IMPACT: Approval of this item is in accordance with the goals, objectives, and policies of all applicable sections of the Stormwater Management and the Conservation and Coastal Management elements of the Growth Management Plan. 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 a contract under Request for Proposal (RFP) solicitation number 17- 7072, “Stormwater Utility Program Phase II”, to Stantec Consulting Services, Inc. (“Stantec”), in the amount of $343,313, and authorize the necessary budget amendments. Prepared by: Gino Santabarbara, Principal Planner; Capital Project Planning, Impact Fees and Program Management Division ATTACHMENT(S) 1. 17-7072 Stormwater Utility Program Solitiation (PDF) 2. 17-7072 Final Ranking (2) (PDF) 3. NORA RFP 17-7072 (PDF) 4. sunbizpdf (PDF) 5. [Linked] 17-7072 Agreement Stormwater Utility_VendSign (PDF) 16.A.15 Packet Pg. 814 06/27/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.15 Doc ID: 3373 Item Summary: Recommendation to award a contract under Request for Proposal (RFP) solicitation number 17-7072, “Stormwater Utility Program Phase II”, to Stantec Consulting Services, Inc. (“Stantec”), in the amount of $343,313, Project Number 51144, and authorize the necessary budget amendments. Meeting Date: 06/27/2017 Prepared by: Title: Senior Grants and Housing Coordinator – Capital Project Planning, Impact Fees, and Program Management Name: Gino Santabarbara 06/14/2017 11:40 PM Submitted by: Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 06/14/2017 11:40 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 06/15/2017 11:51 AM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 06/15/2017 2:57 PM Procurement Services Sandra Herrera Additional Reviewer Completed 06/16/2017 1:22 PM Procurement Services Barbara Lance Level 1 Purchasing Gatekeeper Completed 06/16/2017 4:46 PM Procurement Services Ted Coyman Additional Reviewer Completed 06/19/2017 2:14 PM Growth Management Department Gino Santabarbara Level 2 Division Administrator Skipped 06/14/2017 2:31 PM Growth Management Department James French Additional Reviewer Completed 06/19/2017 5:56 PM Growth Management Department Lisa Taylor Additional Reviewer Completed 06/20/2017 10:39 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/20/2017 10:18 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 06/20/2017 2:13 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/21/2017 11:37 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/21/2017 12:14 PM Board of County Commissioners MaryJo Brock Meeting Pending 06/27/2017 9:00 AM 16.A.15 Packet Pg. 815 CCNA (Revision 06132016 REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants’ Competitive Negotiation Act. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Solicitation 17-7072 Stormwater Utility Program Phase II Evelyn Colon, Procurement Strategist (239) 252-2667 (Telephone) (239) 252-2810 (Fax) evelyncolon@colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.A.15.a Packet Pg. 816 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 2 Table of Contents LEGAL NOTICE ........................................................................................................................................................ 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ................................................................ 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS ............................................................................................................... 9 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ........................................................ 13 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP ............................................................................... 17 ATTACHMENT 1: CONSULTANT’S NON-RESPONSE STATEMENT ........................................................................... 25 ATTACHMENT 2: CONSULTANT CHECK LIST.......................................................................................................... 26 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ............................................................................................ 27 ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT ................................................................................ 28 ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION ................................................................................ 30 ATTACHMENT 6: CONSULTANT SUBSTITUTE W – 9 .............................................................................................. 31 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS ............................................................................ 32 ATTACHMENT 8: REFERENCE QUESTIONNAIRE .................................................................................................... 34 TASK 1- EVALUATION OF ALTERNATIVE RATE STRUCTURE ................................................................................... 37 TASK 2- REVIEW AND EVALUATION OF BILLING AND COLLECTION ALTERNATIVES .............................................. 39 TASK 3 - PUBLIC INFORMATION PROGRAM ......................................................................................................... 41 TASK 4 - PREPARATION OF PRELIMINARY BUDGET .............................................................................................. 42 TASK 5 – FINDINGS AND RECOMMENDATIONS REPORT ...................................................................................... 43 TASK 6 - DETAILED COST OF SERVICE ANALYSIS AND RATE DEVELOPMENT ......................................................... 44 TASK 7 - DEVELOP FINAL STRATEGY AND WORK PLAN FOR BILLING AND COLLECTION SYSTEM .......................... 47 TASK 8 - PREPARE AND PRESENT FINAL REPORT .................................................................................................. 47 16.A.15.a Packet Pg. 817 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 3 Legal Notice Pursuant to approval by the County Manager, Sealed Proposals to provide Stormwater Utility Program Study will be received until 3:00PM, Naples local time, on March 15, 2017. All Proposals must be submitted electronically on the County’s on-line bidding system: www.colliergov.net/bid CCNA Solicitation 17-7072 Stormwater Utility Program Phase II Services to be provided may include, but not be limited to the following: Stormwater Utility Program Study. A pre-proposal conference is not applicable for this solicitation. All statements should be made upon the official proposal form which must be obtained only on the Collier County Procurement Services 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/ Edward F. Coyman, Jr. Director, Procurement Services Division This Public Notice was posted on the Collier County Procurement Services Division website: www.colliergov.net/purchasing and in the Lobby of Procurement Services Division Building "G", Collier County Government Center on March 15, 2017. 16.A.15.a Packet Pg. 818 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 4 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Stormwater Division (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Request for Proposal (hereinafter, “RFP”) with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance, as amended. Background The Collier County has historically used the General Fund as a means of maintaining the stormwater system, but this fund needs a dedicated source of revenue that is consistent. As a result of evaluating potential future budget solutions, the Collier County is considering a stormwater utility as a viable alternative to funding future stormwater system needs. The purpose of this “Request for Proposal: Phase II Stormwater Utility” (RFP) is to select a qualified professional consultant(s) to assist Collier County in completing Phase II to establish a stormwater utility. As part of this Request for Proposal, please find attached “Phase 1: Stormwater Utility Concept Project/Report”, as present to the Collier County Board of Commissioners on September 27, 2016. The report provides an overview of stormwater utility concepts and is included as part of Exhibit “A” which is comprised of several whitepapers and a PowerPoint presentation as listed below: - Stormwater Utility Overview and Potential Benefits for Collier County - A Brief History of Collier County Stormwater Utility Development Initiatives - Activities a Stormwater Utility Can Potentially Fund - Characteristics and Traits of Successful Stormwater Utilities - September 27, 2016, Stormwater Utility Overview for Collier County PowerPoint The Collier County is seeking to identify qualified firms with a comprehensive experience in stormwater management, stormwater management utility development, public relations/outreach, program organization, stormwater legislation, program administration, GIS modeling (specific to stormwater utility implementation), conveyance and collection system assessment, and funding practices. As the range of experience required is broad, the Collier County will consider firms in partnership without prejudice. The Collier County also reserves the right to award the Phase II Study to multiple firms based on their individual strengths/expertise. Detailed Scope of Work: See Exhibit A Term of Contract The contract term, if an award(s) is/are made is intended to be for the duration of the project and any close out related activities. 16.A.15.a Packet Pg. 819 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 5 Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice March 15, 2017 Last Date for Receipt of Written Questions February 27, 2017 @ 3:00PM Addendum Issued Resulting from Written Questions March 3, 2017 @ 3:00PM Solicitation Deadline Date and Time March 27, 2017 @ 3:00PM Anticipated Evaluation of Submittals April 2017 Consultant Presentations TBD Anticipated Board of County Commissioner’s Contract Approval Date TBD Anticipated Completion of Contract Negotiations TBD Anticipated Board of County Commissioner’s Contract Approval Date TBD Response Format The Consultant understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Consultant further agrees that if the contract is awarded the work will be 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 Consultant’s approach and ability to meet the County’s needs, as stated in the RFP. All proposals should be presented as described in the RFP in PDF or Microsoft Word format with Tabs clearly marked The items listed below are to be submitted with each proposal and submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Consultant to include all listed items may result in the rejection of its proposal. 1. Tab I, Qualifications (15 Points) In this tab, include: A. Provide a detailed summary of the project team that will be used on the project. An organization chart shall be included that clearly identifies each team member and responsibility, specific to tasks within this Request for Proposal. The resume of all key members shall be provided which will highlight each member’s specific experience that 16.A.15.a Packet Pg. 820 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 6 relates to the Collier County stormwater utility project. Should additional personnel be required for the project, an evaluation of qualifications will be required prior to authorization of any new personnel. B. Summary of the firm’s general qualifications, office locations, and specific employee detailing professional registrations, certifications, training to uniquely qualify the proposer for the development of a stormwater utility. C. Identify the local office that will handle this project and which scope tasks will be handled by other offices or sub-consultants. D. Identify the sub-consultant(s) that will be used for the project, outline what their responsibilities will be and their qualifications. 2. Tab II, Approach to the Work (15 Points) In this tab, include: Describe the detailed scope of work and project approach proposed to be able to accomplish and meet all the requirements of the RFP. Clearly delineate any modifications (additions or deletions) to the general scope of services outlined in the RFP. Successful proposer will demonstrate firm’s ability to receive county’s input and take direction and adjust product deliverables accordingly and in a timely manner. 3. Tab III, Firms Ability to Meet Schedule (20 Points) In this tab, include: A. Detail the proposed time schedule to accomplish each phase of the project scope. Time schedule proposed must be realistic and attainable under the consultant’s maximum project load scenario. B. Describe the quality control you shall provide in developing this project on schedule. 4. Tab IV, Experience (25 Points) In this tab, include: A. Outline the performance of past stormwater utility projects of similar size and scope handled by the firm within the last fifteen (15) years. Proposers must provide client references for at least three (3) operating, stormwater utilities, within the State of Florida, that the company, as a whole, has worked on. This should include experience in utility development, comprehensive planning, operations & maintenance LOS evaluations, comprehensive watershed planning, rate structure, community acceptance, methodology, stormwater management programs and policies, comprehensive watershed improvement programs, comprehensive planning, systematic CIP implantation, Level of service determinations. Include name, title, address, telephone numbers, fax numbers, email addresses, list of work completed for the client. Include project consulting fees, ability to meet project deadline, extras added after the contract, project size and list a reference name, address and phone number. 16.A.15.a Packet Pg. 821 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 7 B. Identify sub-consultants that will be used for the project, outline what their responsibilities will be and their experience with SWU development projects of similar size and scope handled by the project manager within the last fifteen (15) years. Subsubconsultants must provide client references for at least two (2) operating, stormwater utilities, within the State of Florida, that the company, as a whole, has worked on. C. Provide three (3) completed reference forms from previous projects of a similar nature to this solicitation as part of this proposal. 5. Tab V, Successful Stormwater Utilities (25 Points) In 1990 Collier County failed to implement a Stormwater Utility due the fact the rate study and methodology was too complex and unable to address major issues that arose. The successful proposer of this RFP will demonstrate multiple examples of specific successful stormwater utility establishment and implementation strategies. The successful proposer will demonstrate the ability to build momentum toward stormwater utility acceptance and implementation by explaining a sound program creation path and building support for a stormwater utility. Proposals must include proven methods of effectively showing the need and effectively representing that a stormwater utility is the modern, most equitable, best long-term funding solution for Collier County’s comprehensive, watershed-health based stormwater management program. Proposals must include detailed explanation of the overwhelming advantages a utility will provide to the future rate payers, examples showing what rate payers will receive for their assessment, clearly connecting the responsibility for stormwater runoff leaving their properties entering the public system and paying for the cost for handling and treatment (pollutant reduction), recycling, educating the public and elected officials about why a properly applied stormwater utility is fair to all citizens. Proposals need to show examples of how rate payer allowances can be made to lessen assessments of those willing to take on additional on-site stormwater management responsibility and/or installation of modern low impact development infrastructure decreasing runoff volume entering the public system. Proposals must include appropriate and effective examples for the public and elected officials showing a clear nexus – assessments collected for a specific purpose - connecting how money collected for a specific purpose will be spent, what revenues will be used for and what services will be delivered to customers. Expenditures of taxes can be discretionary. Revenue collected through a non ad valorem assessment must be for a specific purpose. Proposals must include effective examples showing a causal linkage between the benefits of clean water and the stormwater runoff assessment in clear and understandable terms. 6. 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 the RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these 16.A.15.a Packet Pg. 822 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 8 documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Consultant may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. 7. Tab VII, Required Form Submittals  Attachment 2: Consultant Checklist  Attachment 3: Conflict of Interest Affidavit  Attachment 4: Consultant Declaration Form’  Attachment 5: Immigration Affidavit and company’s E-Verify profile page and memorandum of understanding  Attachment 6: Consultant Substitute W9  Attachment 7: Insurance Requirements  Attachment 8: Reference Questionnaire  License, certifications, informational materials, etc. 16.A.15.a Packet Pg. 823 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 9 Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Consultants must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective Consultants having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum. All prospective Consultants are strongly encouraged to attend, as, this will usually be the only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted as “mandatory”, prospective Consultants must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Procurement Services 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. 16.A.15.a Packet Pg. 824 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 10 6. Delivery of Proposals Electronic proposals are to uploaded before 3:00PM, Naples local time, on or before March 15, 2017 @ 3:00PM to www.colliergov.net/bid The County does not bear the responsibility for proposals delivered to the Procurement Services Division past the stated date and/or time indicated 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 Procurement Ordinance. If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals. The County may, as it deems necessary, conduct discussions with qualified Consultants determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals Collier County will evaluate and select these Services in accordance with Florida Statute 287.055, Consultants’ Competitive Negotiation Act. The County’s procedure for selecting is as follows: 1. The County Manager or designee shall appoint a selection committee to review all proposals submitted. 2. The Request for Proposal is issued. 3. Subsequent to the closing date for the proposals, the Procurement professional will conduct a preliminary review of the proposals received and review each proposal to determine if it’s responsive to the requirements of the published RFP. 4. Selection committee meetings will be open to the public and the Procurement professional will publicly post notice of such meeting(s) in the lobby of the Procurement Services Division Building, County calendar and on the County’s Procurement Services Internet site. Public meeting dates and times should be posted with at least three (3) days in advance on the County’s website calendar. 5. Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Score and Rank Form. Committee members will individually 16.A.15.a Packet Pg. 825 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 11 prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. Although it is a tool, the signed form will become part of the final procurement record. 6. At the scheduled selection meeting, the members will present their independent conclusions and comments based on their reading and interpretation of the materials presented to each other, and they may ask questions of one another 7. The Selection Committee reserves the right to hold oral presentations and establish a short list for presentations. In any of the selection committee meeting deliberations, by consensus, members may request to invite firms in to clarify their proposals, ask for additional information, present materials, interview, and ask questions, etc. The members may consider any and all information obtained through this method in formulating their individual scoring and subsequent selection committee overall ranking and final ranking. 8. Once the individual ranking has been completed, the Procurement professional will direct selection committee members to read their individual ranking publically. The Procurement professional will record individual rankings on the Final Ranking Sheet which will mathematically compile into an overall selection committee rank of proposers. Once final rank is completed by the Committee, the public will be permitted to provide comments (limited to three (3) minutes). 9. After final consensus of the ranking, staff will subsequently enter into negotiations. Recommendation of contract award is dependent upon the successful and full execution of a mutually agreed contract, pending the final approval by the Board of County Commissioners. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references submitted as a result of this solicitation. 11. Proposal Selection Committee and Evaluation Factors The County Manager or designee will appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab I, Qualifications 15 Points Tab II, Responsiveness to Meet the RFP Criteria 15 Points Tab III, Firms Ability to Meet Schedule 20 Points Tab IV, Experience 25 Points Tab V, Successful Stormwater Utilities 25 Points TOTAL 100 Points 16.A.15.a Packet Pg. 826 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 12 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the Consultant (as obtained from the County’s financial system) within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the Consultant, subject to verification at the County’s option. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and Collier County. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Consultant, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Consultant or to re-advertise using the same or revised documentation, at its sole discretion. 13. Reserved Rights Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet the additional or reduced requirements of Collier County. Collier County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award to one or more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the best interest of the County. Collier County reserves its right to reject any sole response. 16.A.15.a Packet Pg. 827 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 13 Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 2. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY’S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 3. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR’S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non-conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR’S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act,” and, pursuant to the Board of County Commissioners Purchasing Policy. 16.A.15.a Packet Pg. 828 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 14 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. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY’S name or other identifying marks or property without the prior written consent of the COUNTY’S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 11. Warranty of Non-Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY’S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is 16.A.15.a Packet Pg. 829 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 15 likely to occur, VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non-infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non- exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of 16.A.15.a Packet Pg. 830 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 16 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. 16.A.15.a Packet Pg. 831 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 17 Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance and Bonding Requirements The Consultant shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Consultant shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Consultant waive against each other and the County’s separate Consultants, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Consultant and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Consultants, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Consultant under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County.The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Consultant has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Consultant must identify on the Certificate of Insurance the nature and amount of such self - insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Consultant’s sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Consultant and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Consultant. The Consultant shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide 16.A.15.a Packet Pg. 832 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 18 notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant hereunder, Consultant shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Consultant not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Consultant for such coverage(s) purchased. If Consultant fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Consultant under this Agreement or any other agreement between the County and Consultant. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Consultant shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Consultant to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful Consultant extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful Consultant. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 4. County’s Right to Inspect The County or its authorized Agent shall have the right to inspect the Consultant’s facilities/project site during and after each work assignment the Consultant is performing. 5. 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. 6. Public Records Compliance Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO 16.A.15.a Packet Pg. 833 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 19 THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 7. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include:  Purchase Order Number  Description and quantities of the goods or services provided per instructions on the County’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk@collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: 16.A.15.a Packet Pg. 834 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 20  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. 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. 8. Environmental Health and Safety All Consultants and Sub Consultants performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Consultants and Sub Consultants shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Consultant’s work operations. This provision is non-negotiable by any department and/or Consultant. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 16.A.15.a Packet Pg. 835 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 21 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. Licenses The Consultant is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Consultant to submit the required documentation may be grounds to deem Consultant non-responsive. A Consultant, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active” in Collier County 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. 10. Survivability Bids (ITBs/RFPs): The Consultant/Contractor/Vendor agrees that any Work Order/Purchase Order that extends beyond the expiration date of Solicitation 17-7072 Stormwater Utility Program Phase IIresultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order/Purchase Order. 11. Principals/Collusion By submission of this Proposal the undersigned, as Consultant, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 12. Relation of County It is the intent of the parties hereto that the Consultant shall be legally considered an independent Consultant, and that neither the Consultant nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Consultant, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 13. Termination Should the Consultant be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of 16.A.15.a Packet Pg. 836 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 22 non-performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board’s Procurement Ordinance. 14. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the 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. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. Single Proposal Each Consultant must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- consultant to any other firm or firms submitting under the same RFP. All submittals in violation of t his requirement will be deemed non-responsive and rejected from further consideration. 17. Protest Procedures Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County’s then current Procurement 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 Procurement Services Division 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. 16.A.15.a Packet Pg. 837 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 23 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. 18. Public Entity Crime A person or affiliate who has been placed on the convicted Consultant list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Consultant list. 19. Security and Background Checks The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor’s employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s business. The Contractor shall immediately notify the Collier County Facilities Management Division via e -mail (DL- FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs.. 20. Conflict of Interest Consultant shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 16.A.15.a Packet Pg. 838 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 24 21. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 22. Immigration Law Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program:  Commodity based procurement where no services are provided.  Where the requirement for the affidavit is waived by the Board of County Commissioners Consultants / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Consultants are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Consultant does not comply with providing the acceptable E-Verify evidence and the executed affidavit the bidder’s / Consultant’s proposal may be deemed non-responsive. Additionally, Consultants shall require all subcontracted Consultants to use the E-Verify system for all purchases not covered under the “Exceptions to the program” clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Consultant’s responsibility to familiarize themselves with all rules and regulations governing this program. Consultant acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Cont rol 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. 16.A.15.a Packet Pg. 839 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 25 Attachment 1: Consultant’s Non-Response Statement The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Consultants not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to CCNASolicitation 17-7072 Stormwater Utility Program Phase IIfor the following reason(s): Services requested not available through our company. Our firm could not meet specifications/scope of work. Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) Project is too small. Insufficient time allowed for preparation of response. Incorrect address used. Please correct mailing address: Other reason(s): Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name: _____________________________________ Date _____________ 16.A.15.a Packet Pg. 840 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 26 Attachment 2: Consultant Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Consultant should check off each of the following items as the necessary action is completed: The Proposal has been signed. All applicable forms have been signed and included, along with licenses to complete the requirements of the project. Any addenda have been signed and included. Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name: ________________________________________ Date ___________ 16.A.15.a Packet Pg. 841 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 27 Attachment 3: Conflict of Interest Affidavit The Consultant certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with: 17-7072 Stormwater Utility Program Phase IIdoes not pose an organizational conflict as described by one of the three categories below: Biased ground rules – The firm has not set the “ground rules” for affiliated past or current Collier County project identified above (e.g., writing a procurement’s statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity – The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor’s ability to render impartial advice to the government. Unequal access to information – The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / consultant must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the “sunshine”) or through non-public (not in the “sunshine”) conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. 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 Commission Expiration 16.A.15.a Packet Pg. 842 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 28 Attachment 4: Consultant Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation: 17-7072 Stormwater Utility Program Phase II Dear Commissioners: The undersigned, as Consultant declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Consultant agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Consultant states that the proposal is based upon the proposal documents listed by the above referenced CCNA Solicitation. Further, the consultant agrees that if awarded a contract for these services, the consultant will not be eligible to compete, submit a proposal, be awarded, or perform as a sub-consultant for any future services associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of _____________, 200__ in the County of _______________, in the State of _____________. Firm’s Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number CCR # or CAGE Code __________________________________________________________________________ Telephone: FAX: Signature by: (Typed and written) 16.A.15.a Packet Pg. 843 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 29 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: 16.A.15.a Packet Pg. 844 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 30 Attachment 5: Immigration Affidavit Certification CCNA Solicitation: 17-7072 Stormwater Utility Program Phase II This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB’s) and Request for Proposals (RFP) submittals. Further, Consultants / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program may deem the Consultant / Bidder’s proposal as non-responsive. Collier County will not intentionally award County contracts to any Consultant who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (“INA”). Collier County may consider the employment by any Consultant of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Consultant attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Consultant’s / Bidder’s proposal. Company Name ____________________________________________________________________ Print Name Title _______________________ Signature Date _______________________ State of ___________________ County of _________________ The foregoing instrument was signed and acknowledged before me this ______day of ________________, 20___, by _______________________________ who has produced _____________________________ as identification. (Print or Type Name) (Type of Identification and Number) _____________________________________ Notary Public Signature _____________________________________ Printed Name of Notary Public _____________________________________ Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 16.A.15.a Packet Pg. 845 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 31 Attachment 6: Consultant Substitute W – 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (includin g social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name ________________________________________________________________________________ (as shown on income tax return) Business Name ________________________________________________________________________________ (if different from taxpayer name) Address ____________________________________ City ______________________________________________ State ______________________________________ Zip______________________________________________ Telephone __________________ FAX ______________________ Email _________________________________ Order Information Address ___________________________________ Remit / Payment Information Address ____________________________________________ City __________ State ________ Zip ___________ City _____________ State _________ Zip______________ FAX ______________________________________ Email _____________________________________ FAX ______________________________________________ Email _____________________________________________ 2. Company Status (check only one) Individual / Sole Proprietor Corporation Partnership Tax Exempt (Federal income tax-exempt entity under Internal Revenue Service guidelines IRC 501 (c) 3) Limited Liability Company Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) _______________________________________________________________ (Consultants who do not have a TIN, will be required to provide a social security number prior to an award). 4. Sign and Date Form: Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature ___________________________________________________________ Date _________________________________ Title _______________________________________________________________ Phone Number ________________________ 16.A.15.a Packet Pg. 846 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 32 . Attachment 7: Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. Employer’s Liability $1,000,000 single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall incl ude Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. 4. Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 5. Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work . $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ __________ Per Occurrence Professional Liability $__________ 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 16.A.15.a Packet Pg. 847 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 33 Employee Dishonesty / Crime $__________ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 6. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 9. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. 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. RLC 12/12/16 Consultant’s Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm _______________________________________ Date ____________________________ Consultant Signature _________________________________________________________________________ Print Name _________________________________________________________________________ Insurance Agency _________________________________________________________________________ Agent Name _______________________________________ Telephone Number ________________ 16.A.15.a Packet Pg. 848 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 34 Attachment 8: Reference Questionnaire Solicitation: 17-7072 Stormwater Utility Program Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County st aff will not be accepted.) Project Description: _________________________ Completion Date: ___________________________ Project Budget: _____________________________ Project Number of Days: ______________________ Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: ___________________________________ By ________________ 16.A.15.a Packet Pg. 849 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 35 EXHIBIT A COLLIER COUNTY, FLORIDA STORMWATER UTILITY PROGRAM PHASE II – REQUEST FOR PROPOSAL SUMMARY The Board of County Commissioners (Board) is soliciting proposals for a financial rate study to establish rates and total anticipated revenues from the allowable revenue sources identified in the creation of a stormwater utility program. Items to be evaluated include, but are not limited, to the following: 1. Utilizing existing data and information provided by the Collier County staff and guidance recently provided by the Board on September 27, 2016 (Item # 11C), formulate a comprehensive mechanism to be utilized and implemented by the stormwater utility (Utility). Particular care must be taken to address the program's goals and objectives considering the funding sources. 2. Develop a detailed cost of service analysis to identify the anticipated funding needs for all program elements to implement the Utility. Each program element, (i.e. water resource protection, water quality protection, flood control, operation and maintenance, construction of capital improvement infrastructure and their replacement, etc.) must be defined and delineated as it relates to cost allocation and method of cost recovery. 3. Develop a detailed 5-year budget and cash flow analysis for the Utility and conduct a detailed rate study to establish stormwater service charges, secondary fees, etc. as determined by the approved funding policy issues. The rate study shall include a complete evaluation and assessment of the various parcels, and land use groups including justifications for each proposed rate group. 4. Prepare a 10-year budget to demonstrate the Utility's funding capability to meet the longer term needs of the County’s Stormwater Management program. 5. Develop and prepare a report that evaluates the existing method of financing for Collier County Stormwater Management needs in comparison to a potential stormwater utility. The report should demonstrate the benefits and advantages of a stormwater utility and how a stormwater utility is an appropriate method, specifically for Collier County. 6. Assist the County Attorney, and/or outside legal consultant, in the preparation of necessary implementation ordinances and resolutions from first draft through final adoption. 7. Prepare the base master account file(MAF); 8. Develop a GIS Master Impervious Surface Data to Parcel Layer; which shall include and incorporate property land use classification, building footprint, and any associated impervious area elements, combining the three layers to create the Master Impervious Surface Data Layer. This will be incorporated in defining an “Equivalent Residential Unit” (ERU) as part of the billing evaluation and methodology; 16.A.15.a Packet Pg. 850 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 36 9. Work with County staff and provide direction in the development of a billing and collection method for the Utility. This will include development of software, gathering data, information on existing County systems, data from the newly developed GIS Master Impervious Surface Data, and other necessary resources in order to be compatible with the County Tax Collector's computerized billing system(s). This also includes the evaluation of billing alternatives. 10. Assemble and generate data for the stormwater billing, conduct all necessary error elimination procedures, prior to billing, and post the stormwater accounts to the billing system. 11. Develop a long-term billing system maintenance/update program. This program will include the ability to modify and/or add accounts due to additional impervious areas (new construction, renovations). 12. Design, prepare and participate in a comprehensive Public Information Program including attending meetings and making presentations before the Board of County Commissioners, various advisory boards, interest groups, and other public meetings as necessary to guide in making required policy decisions. 13. Develop and prepare a brief, concise executive summary, to be presented by the consultant to the Board, as well as a detailed study that will be utilized by staff in the setting of rates and making recommendations to the Board. INTRODUCTION The tasks outlined in this scope of work reflect the level of effort required to assist Collier County in making specific management and policy decisions that will be required to address the final development and successful implementation of a stormwater utility program. GOAL: To develop and provide the necessary analysis and materials required to properly make major policy decisions regarding rate structure, billing methodology, levels of service, and rate study methodology for implementing a stormwater utility. In addition, the final deliverables will be part of a presentation to the County outlining specific recommendations regarding stormwater utility rates, level of service, multi-year financial analysis, and a stormwater utility public information program. Key "white papers" will be utilized in presentations to the Board and will be utilized to communicate with County staff on an ongoing basis. Furthermore, the following objectives have been identified as critical to the successful realization of this goal. The objectives of Phase II are as follows:  Conduct a detailed analysis of stormwater utility rate alternatives with recommendations as to the most viable rate structure suitable for the Collier County;  Review and evaluate all billing and collection methodologies and make appropriate recommendations;  Develop and establish a GIS Master Impervious Surface Data to Parcel Layer;  Conduct an initial survey of the community to determine the level of knowledge and acceptance of a stormwater utility system and develop a public information program strategy;  Develop preliminary system-wide cost and revenue projections for the County's stormwater utility program; and 16.A.15.a Packet Pg. 851 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 37  Obtain consensus from the County regarding the rate study methodology, final rate structure, billing methodology, and level of service. The following tasks represent the minimum level of effort required. It is understood by all parties involved that, as the project evolves, certain tasks may be redefined or emphasis shifted to meet the overall objectives of the project. Task 1- Evaluation of Alternative Rate Structure Analyze the various rate structures, the analysis will include:  Generic review of stormwater utility programs in Florida and USA, that are similar in regards to size and economic characteristics of Collier County;  Advantages and disadvantages of each;  Legal issues and possible constraints pertinent to various rate structures and its effect on other components of the program; and  A high level presentation of the range of rates to demonstrate the impact each rate structure may have on the potential consumer. To complete this analysis, the following subtasks will be performed. If necessary, modifications will be made to optimize the final product result. The subtasks are as follows: 1.1 Initial Start -Up Meeting A meeting will be held with appropriate County staff and the project team, which will consist of representatives from the Offices of County Manager, Property Appraiser, Tax Collector, Clerk of the Court, and other members that may be identified at a later date. The purpose will be to review the scope of the study; introduce the County staff and consultant team; and establish responsibilities and schedules. The working relationships established through this effort will contribute towards effective and timely completion of this rate study. 1.2 Review Stormwater Utility System Goals and Objectives The results of this study must conform to the constraints and objectives of the stormwater utility, specifically intended for Collier County. We will establish an understanding of these factors through review of existing policy, ordinances, resolutions and planning documents. We will also contact, as necessary, County's legal staff and financial advisors, on questions pertaining to past and expected future financing and costs of capital investments, respectively. The County Stormwater Management team will confirm any long-term financing assumptions and strategies with projections and estimates based on experience in this area with the County advisory team. 1.3 Review Current and Proposed Budgets and Cost of Service Estimates Existing and projected budgets will be used to assist in determining revenue requirements and to develop projections using appropriate assumptions regarding growth and escalation factors, infrastructure needs, operation and maintenance costs, personnel costs, and non-operating revenues, including adjustments to Operation and Maintenance cost projections, based on levels of service, for planned capital investment and/or replacements. These estimates will be an integral part of the 5- and 10-year detailed budget and revenue requirement analysis. 16.A.15.a Packet Pg. 852 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 38 1.4 Cost of Service Analysis The cost of service allocation determines the amount of revenue to be generated from each class of customer including residential, commercial, industrial, and institutional. The cost of service approach will assign costs to customer classes on the basis of benefits received. The cost categories typically used for stormwater utility service elements are; Acreage (size of parcel), Generalized Runoff Coefficient or "C" Factor, Amount of Impervious Surface, Land Use (Customer Class), percentage of density of development, etc. Each expense is related to one or more of these categories based on its cause. Distribution costs to customer classes will be based on available data, County staff assumptions, and review of current efforts. Further allocation and distribution of these costs may be derived from the County’s incremental operation of presently enhanced stormwater managed facilities, and of the local operations of Big Cypress Basin (BCB) facilities that serve the water management functions of the primary canal system in the County and any other specific watershed areas served may be incorporated on an incremental (operational) basis, if deemed appropriate. Prepare and develop a cost allocation study with formatted data; organized cost centers at varying activity levels; depicted actual or budgeted costs; and a compilation of statistical allocation basis. Gather input from the County Stormwater Management team, current Capital Improvement Plan, and current system operation and maintenance, and develop program elements that will be used to meet the stormwater management needs of Collier County. A cost of service analysis must be performed at this stage of the project and will be conducted at a macro level and be further refined after specific direction from the County regarding the selected rate structure. These program elements will include, but not be limited to, the following components: Administration Capital Improvements Program (CIP) Design and Construction Financing Alternatives Emergency and Hazard Mitigation Maintenance Management Program Operations Program Planning Permit Control Regulatory Enforcement Inspections Plan Review Water Quality/Quantity and Environmental Aspects (Including EPA-NPDES stormwater permitting requirements and associated costs) 1.4 Develop Rate Design Model Develop a rate design model applicable to stormwater management funding that incorporates economic characteristics of Collier County. This task will establish and facilitate a template to evaluate the effectiveness of alternative rate structures and strategies to evaluate equity and revenue sufficiency of the stormwater utility program. 1.5 Develop Alternative Rate Structures 16.A.15.a Packet Pg. 853 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 39 Develop a series of alternative rate strategies to meet the specific revenue requirements of the County. The basis of formulating the alternatives should consider, but not limited to, the following factors:  Rates based solely on impervious coverage;  Rates based on impervious coverage and the percentage of impervious, with a schedule of charges per unit of impervious coverage;  Rates based on gross area and intensity of development;  Rates based on impervious area and intensity of development to incorporate undeveloped land in the rate base Apply the rate design model to each alternative and test their respective efficiencies for quantitative and qualitative evaluation of revenue sufficiency and impact to the consumers. Perform a comparative evaluation and ranking of the alternatives in terms of achieving the desired objectives of the program. 1.6 Legal Review and Analysis The Collier County Attorney’s Office and/or outside legal consultant will assist the County Stormwater Management team in conducting a legal review of all Florida Statutes, case law, and County ordinances that may impact the final determination of rate methodology employed. They will also prepare and submit a memorandum summarizing the legal parameters for the program, including a description of necessary ordinances and resolutions and any notice requirements for adoption. Task 2- Review and Evaluation of Billing and Collection Alternatives Under Florida law, Collier County has several billing and collection methodologies, all of which have different ramifications as it pertains to rate of collection, delinquencies, consequences of non-payment, and receptiveness by the bond community. This evaluation will not only include the institutional issues as they pertain to each alternative, but will also include a detailed evaluation of the County’s Tax Collector’s and Property Appraiser's database, which will become the base information for any master account file. To ensure that these tasks are properly completed, the following areas will be analyzed:  Identify all billing and collection alternatives;  Determine the advantages and disadvantages of each;  Survey of other counties within the State of Florida;  Determine the legal issues and constraints as they pertain to the various collection methodologies; and  Develop the final cost/benefit analysis of each billing and collection methodology and its impact administratively, politically, and from the public's perception standpoint 2.1 Legal Review and Analysis The Collier County Attorney’s Office and/or outside legal consultant will assist the County Stormwater Management team in conducting a legal review of all Florida Statutes, case law, and County ordinances that may impact the final determination of billing methodology and collection procedures. 16.A.15.a Packet Pg. 854 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 40 2.2 Review and Evaluation of Alternative Billing Mechanisms Review and evaluate alternative billing mechanisms based on, but not limited to, the following criteria:  Current utility billing system design and capacity;  Computer hardware needs;  Computer software needs;  Format of the existing database;  Mapping requirements;  County Property Appraiser data;  County Tax Collector data;  Merging of old information with new information;  Organizational structure;  Aerial photography; and  Incorporation of GIS technology for impervious area calculations 2.3 GIS / Digitizing Impervious Area Collect and create required billing information for residential and non-residential properties utilizing advanced GIS technologies/software for efficient digitization of impervious areas, from aerial photography, and generating impervious areas for new developments from as-built drawings. Once digitizing is completed, export parcel information as needed in determining the number of billing units per property and eventual construction of a master account file. Digitizing may produce single impervious area coverage per parcel or it may include coverage based on the type of impervious surface such as driveway, sidewalk, building/rooftop, parking lot, etc. based on the Stormwater Management needs of Collier County. The firm and/or sub-consultant must have extensive experience in generating sample property sets and impervious areas for ERU determination. The proposer will have experience in completing diverse levels of impervious surface digitizing for various stormwater utility customers. Annual updates of the impervious surface coverage for all classes of property will be required as part of this effort. This effort also requires digitizing new impervious surfaces for existing accounts, and deleting impervious surfaces in some instances. The proposer will also provide Collier County with guidance on maintaining the accuracy of the impervious surface area coverage. 2.4 Recommended Billing Mechanism Provide recommendations regarding the most appropriate billing mechanism for Collier County based on the following:  Database reliability and completeness;  Legality;  Ease of implementation;  Administrative requirements;  Maintenance; and  Cost 16.A.15.a Packet Pg. 855 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 41 Task 3 - Public Information Program A key objective of any successful stormwater utility program is to develop a successful process by which information is clearly and accurately defined and made available to the public. To do this, a mechanism for facilitating access to information is required. It is important to distinguish between a public information program and a public awareness/support program. This task will include the development of the initial outline for a public education and support program. This program will be developed based on input received from the County elected officials, administration, staff, and the results of a questionnaire. If it is determined that a County citizens' advisory committee is to be formed, prior to completion of Phase II of this engagement, their comments will be solicited. Develop a dedicated website for the stormwater utility. At a minimum, the site will include an overview of the stormwater utility process, upcoming project events, links to opinion surveys, and draft documents as they are available. In addition, a questionnaire will also be developed and placed on the website, which is to be issued early in the process to establish the level of public awareness. This will assist in the development and finalization of the overall education efforts that will be ongoing throughout this process. At a minimum, this questionnaire will include the following:  The public's perception as to the problems to be addressed by a stormwater utility program;  The public's knowledge of a stormwater utility;  Identification of any particular problems by property types within the County Level of receptiveness by the public;  Assist in development range of service charge amounts, level of services for capital projects, and Operation and Maintenance (O & M); and  Help address the organization of any advisory committees or groups 3.1 Press Releases Work with County staff and the County’s Communication & Customer Relations Division, to establish and designate representatives who will lead in ensuring clear channels of communication about the program. At significant stages of the program, we will prepare press releases, photographs, and newsletters, where appropriate, for dissemination to the press. A minimum of six press releases will be conducted. 3.2 Orientation to Project Engage in an initial kick-off meeting, and continue with bi-weekly partnership sessions (weekly if determined necessary) with County staff to ensure awareness and sensitivity to all elements of the project and its potential impact on services, costs, environment, and citizen perception. 3.3 Interaction with County Interact with County staff to discuss and evaluate the scope, location, and impact of the project as it relates to services and costs to specific segments of the community. Identify significant target areas for information and education, and adopt a preliminary methodology for responding to their concerns. Targeted groups may include, but not be limited to: 16.A.15.a Packet Pg. 856 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 42  Property Owners  Homeowner Associations  Builders and Developers  Business Owners  Environmental Groups  Agriculture  Schools 3.4 Develop and Implement Survey Design, produce, and implement a survey to obtain input and perceptions of the stormwater utility program among appropriate samples of each of the targeted groups provided in Subtask 3.3 above. The consultant shall retrieve, collate, assimilate, and analyze data from the survey to determine specific issues and concerns. Develop a report for the County on the results, including specific recommendations on media, materials, and activities to respond to the demonstrated imperatives. The survey is to be distributed, emailed, and placed on the County’s website for public access. 3.5 Program Information Presentation This component is intended for presentation of the program in public forums as well as for circulation to civic clubs, and interest groups. This will result in the design and production of a presentation dealing with the stormwater utility program, its impacts, costs, public safety, environmental benefits, and health advantages. Task 4 - Preparation of Preliminary Budget A key element to the analysis of the alternative rates is the development of preliminary 5-year budget/plans to assist in analyzing and implementing the final detailed 5- and 10-year revenue requirements and cost of service program. Various levels of service will be analyzed, including existing, minimal, acceptable, and optimal. To further formulate these objectives, the County’s Stormwater Management team will determine if a more discrete breakdown of costs is necessary. It is anticipated, at a minimum, that these costs will be reviewed to reflect the impact on the overall costs associated with the County's Stormwater Management Program. 4.1 Organizational Structure and Budget Development Outline the existing general structure for both the organizational and budget revenue development process, as well as be the means by which key activities are identified and prioritized. The activities associated with this task will include review of the following items:  Organizational structures;  Current maintenance functions;  Current levels of service;  Current operations functions;  Cost of service;  Capital Improvements Program;  Staffing requirements; 16.A.15.a Packet Pg. 857 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 43  Equipment requirements; and  Review overall stormwater management needs 4.2 Financial Strategy and Evaluation of Financing Alternatives Identify specific criteria by which the various short-term (operational and maintenance oriented funding activities) longer-term (capital oriented) funding alternatives can be evaluated and designed to comply with the goals and objectives defined in the initial stages of the study. Identify The evaluation criteria/factors will consider:  Ease of implementation;  Equity;  Fairness;  Consistency with County policies;  Ability to meet revenue requirements;  Information availability;  Compliance with Florida State Code relating to utility development; and  Consider four levels of cost of service including: o Existing (Current) o Minimal o Acceptable o Optimal (Desired) Task 5 – Findings and Recommendations Report Working with the County Stormwater Management team, develop a report to be presented to the County regarding the recommendations pertaining to rate structure, billing and collection methodology, cost of service analysis, and strategy for a public information program. It is also anticipated that, prior to final preparation of the draft report, a briefing will be conducted with the County staff to finalize the evaluation. Within 120 days of project initiation, the consultant will present to the County staff the draft report outlining all recommendations and findings. This report will be reviewed with the County, to review and discuss all recommendations. Within three weeks after delivery of the draft report, the County will respond with all comments and revisions prior to finalization. Prepare and present to the, County Manager and the County Stormwater Management team, the findings and recommendations regarding alternative rate structure, billing and collection methodology, cost of service analysis, and public information program strategy. After final direction has been received by, the County Manager, and the County Stormwater Management team, the consultant will carry out all remaining tasks to successfully complete Phase II. The remaining scope of services is intended to accomplish the following:  Complete all remaining cost of service analyses;  Develop the detailed 5- and 10-year budget projections;  Develop the final rate structure and amount;  Develop the detailed strategy for the billing and collection system utilized by the County; and 16.A.15.a Packet Pg. 858 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 44  Implement the public information program Task 6 - Detailed Cost of Service Analysis and Rate Development The following task represents the level of effort required to complete the cost of service analysis and rate setting. 6.1 Review Original Assumptions A final review will be conducted in the following areas:  Review stormwater utility system goals and objectives for final verification;  Review current and proposed budgets and cost of service estimates; and  Review of the cost of service analysis 6.2 Collect Statistics Used for Cost Allocation Identify the basis for allocation of costs to customer classes. Information used in will include the functional requirement "Cost Categories". 6.3 Establish Allocation Criteria The allocation criteria to be used must be identified with appropriate levels of detail. Based on input from the County, the interview process, the County Stormwater Management experience, the final detailed development of specific program elements will be determined. These elements will be used to meet the stormwater management needs of Collier County. These program elements will include, but are not limited, to the following:  Administration  Capital Improvements Program (CIP)  Design and Construction  Financing Alternatives  Emergency and Hazard Mitigation  Maintenance Management Program  Operations Program  Planning  Permit Control  Regulatory Enforcement  Inspections  Plan Review  Water Quality/Quantity and Environmental Aspects 6.4 Identify Customer Classes Utilizing current utility class structure, provide recommendations for adding new classes or modifying current classes for a more thorough analysis specifically designed for the County's stormwater management utility system needs. 6.5 Distribute Revenue R equirements to Customer Classes 16.A.15.a Packet Pg. 859 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 45 Based on available statistics along with staff input, develop unit costs for each category. Then, using customer characteristics (such as land use classification), allocate costs to customer classes. The cost of service allocation and analysis is directly dependent on which type of actual rate base (structure) will ultimately be used in Collier County. Procedures and cost allocation methods will be then be applied for a precise "grass roots" approach specifically designed for Collier County's stormwater requirements. 6.6 Develop a Detailed 5 -Year Budget, Cash Flow Analysis, and Revenue Requirements Analysis A 5-year analysis will be developed to assist in implementing a detailed 5-year revenue requirement and cost of service program. Levels of service will be analyzed including existing, minimal, acceptable and optimal (desired) with disassociated costs and revenue requirements. Additionally, a second 5-year projection will be developed (for a total of 10 years) with the later 5-year projection pertaining to general but realistic concepts. 6.7 Organizational Structure and Budget Development A detailed structure will be developed for both the organizational and budget revenue development process, as well as the means by which key activities are identified and prioritized. The activities associated with this task will include:  Review potential organizational structures;  Review applicable existing budgets;  Review current maintenance functions;  Review current levels of service;  Review current operations functions;  Review cost of service;  Review Capital Improvements Program;  Review staffing requirements;  Review equipment requirements;  Review overall maintenance level of service; and  Evaluate current distribution of financial aspects of stormwater management responsibilities including Big Cypress Basin (BCB) and South Florida Water Management District (SFWMD). 6.8 Program and Financial Strategies: Evaluation of Financing Alternatives Identify specific criteria by which the various short-term (operational and maintenance oriented funding activities) longer-term (capital oriented) funding alternatives can be evaluated and designed to comply with the goals and objectives defined in the initial stages of the study. The evaluation criteria/factors will consider:  Ease of implementation;  Equity;  Fairness;  Consistency with County policies;  Ability to meet revenue requirements;  Information availability; 16.A.15.a Packet Pg. 860 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 46  Compliance with Florida State Code relating to utility development; and  Consider four levels of cost of service including: o Existing (Current) o Minimum o Acceptable o Optimal (Desired) 6.9 Identify Staffing Requirements Based on the review and information collected and the detailed revenue projections developed, recommendations will be considered and provided consistent with the overall goals and projected expansion of the program. This portion will also require a formulation of alternative methods of structuring, organizing and managing the stormwater program. Specific issues which will be addressed include:  Staffing and management responsibilities;  Degree of consolidation with other County Divisions currently performing stormwater management related activities; and  Role of the County and level of involvement Alternative organizational structures including consideration of above issues to be developed and evaluated based on estimated costs, operational considerations, legal constraints, and County input, if necessary. 6.10 - Evaluate Existing Revenue Levels and Project Revenue Requirements for a 10 -Year Period The analysis of revenue requirements is typically a matter of identifying and projecting utility expenses and revenues, allowing for anticipated changes in demand for services (usually customer growth) and various cost escalation factors. Then, the impacts of capital improvements or operational changes on debt service, increased Operation and Maintenance level of service costs, and equity to finance revenue requirements are to be considered. The objective is to develop detailed revenue requirements for a 5-year period, and a general concept for a second 5-year period. 6.11 Project Utility Expenses Based on at least 3 years of historical financial information and currently applicable budgets, and reasonable assumptions concerning growth, new costs, and cost escalation, develop a projection of total utility expenses for operation and maintenance for County services. 6.12 Determine Revenue Requirement Impacts Based on projected revenue shortfalls, if any, during the study period, shortcomings will be expressed as dollar amounts and as percentages of total rate revenues. 6.13 Review CIP Alternatives and Costs Review projected capital expenditures planned and scheduled for a 10-year period. Determine the most viable projects in order of priority and significance that are consistent with stated County Policy. 16.A.15.a Packet Pg. 861 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) RFP CCNA Template_11032016 17-7072 Stormwater Utility Program 47 In addition, consider all costs associated with the overall capital plan including increased staffing and quality work methods associated with good maintenance practice. 6.14 Develop and Test Final Rate Structure This task will establish and facilitate the model for final analysis in terms of structure and revenue sufficiency. In addition, full impact on all customer classes will be developed. Task 7 - Develop Final Strategy and Work Plan for Billing and Collection System A final report detailing the strategy, work plan, for the development of the billing and collection system to be developed. 7.1 Finalize Program Methodology The consultant will develop the final program methodology that meets all legal and administrative parameters identified by the County. 7.2 Development Specifications Once the final decision has been made regarding the appropriate billing mechanism, the consultant will develop procedures for: accessing the existing utility account files or tax roll, expanding and/or modifying the files to maximize the data availability and providing the required compatibility with the collection mechanism. 7.3 Determine the Number of Single Family Residential Units 7.4 Prepare a statistical sample of average impervious area for single family residential properties in order to determine the equivalent residential unit (ERU) 7.5 Analyze non -residential units to determine allocation formula Task 8 - Prepare and Present Final Report Develop the final report for presentation to the County. Within ninety (90) days of final Board of County Commission direction, as outlined in Task 6, develop and submit, to County staff, the Phase II draft report outlining all recommendations and findings. Within two weeks of delivery of the draft report, meet with County staff to discuss all comments and revisions prior to finalization. After discussions with County staff, all comments and suggestions will be incorporated into the draft report. Revisions will be made for the presentation to the Board of County Commissioners. Prepare and present the final Phase II report to the Board of County Commissioners, County Manager, and respective special interest groups. 16.A.15.a Packet Pg. 862 Attachment: 17-7072 Stormwater Utility Program Solitiation (3373 : Stormwater Utility Program Phase II) Selection Committee Final Ranking Sheet (Step 2) RFP #: 17-7072 Title: Stormwater Utility Program Phase II Name of Firm Travis Gossard Robert Stoneburner Edmond Kushi Gerald Kurtz Gino Santabarbara Final Total Final Ranking Stantec Consulting Services Inc.2 1 2 1 1 7 1.0000 AMEC Foster Wheeler Enviroment & Infrastructure, Inc. 1 2 1 2 2 8 2.0000 Procurement Professional Evelyn Colon Step 1: Upon direction by the Procurement professional, the individual selection committee member should provide their final ranking of the proposals. Step 2: The rankings of each committee member will be added together. The Firm with the lowest total shall be the number one (1) ranked firm. The firm with the second lowest total shall be the number tow (2) ranked firm, and so on. Step 3: The County will enter in to negotiations with the top ranked firm. If negotiations with that firm are not successful, the County will move on to negotiations with the second ranked firm, and so on, in accordance with Florida Statute 287.055 Consultants Competitive Negotiation Act. 16.A.15.b Packet Pg. 863 Attachment: 17-7072 Final Ranking (2) (3373 : Stormwater Utility Program Phase II) 16.A.15.c Packet Pg. 864 Attachment: NORA RFP 17-7072 (3373 : Stormwater Utility Program Phase II) Department of State /Division of Corporations /Search Records /Detail By Document Number / Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Detail by Entity Name Foreign Profit Corporation STANTEC CONSULTING SERVICES INC. Filing Information F01000005948 11-2167170 11/14/2001 NY ACTIVE CORPORATE MERGER 12/27/2007 12/31/2007 Principal Address 10160-112 STREET NW SUITE 200 EDMONTON, ALBERTA T5K 2L6 CA Changed: 02/05/2015 Mailing Address 10160-112 STREET NW SUITE 200 EDMONTON, ALBERTA T5K 2L6 CA Changed: 02/05/2015 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 Name Changed: 02/14/2013 Address Changed: 02/14/2013 Officer/Director Detail Name & Address Title PRESIDENT GOMES, ROBERT J DIVISION OF CORPORATIONSFlorida Department of State Page 1 of 3Detail by Entity Name 6/7/2017http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 16.A.15.d Packet Pg. 865 Attachment: sunbizpdf (3373 : Stormwater Utility Program Phase II) 10160-112 STREET NW SUITE 200 EDMONTON, ALBERTA T5K 2L6 CA Title SECRETARY ADDISON, JENNIFER A I 10160-112 STREET NW SUITE 200 EDMONTON T5K 2L6 CA Title TREASURER LEFAIVRE, DANIEL J 10160-112 STREET NW SUITE 200 EDMONTON T5K 2L6 CA Title DIRECTOR, EXECUTIVE VICE PRESIDENT, COO MURRAY, SCOTT L 1409 NORTH FORBES ROAD LEXINGTON, KY 40511 Title DIRECTOR, VICE PRESIDENT, ASST SECRETARY STONE, JEFFREY P 61 COMMERCIAL STREET SUITE 100 ROCHESTER, NY 14614 Title PRINCIPAL CUNNINGHAM, ROBERT R 6900 PROFESSIONAL PARKWAY EAST SARASOTA, FL 34240 Title SENIOR PRINCIPAL MORROW, KEITH 3200 BAILEY LANE SUITE 200 NAPLES, FL 34105 Title VICE PRESIDENT REAGAN, MICHAEL J 3700 PARK EAST DRIVE SUITE 200 CLEVELAND, OH 44122 Annual Reports Report Year Filed Date Page 2 of 3Detail by Entity Name 6/7/2017http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 16.A.15.d Packet Pg. 866 Attachment: sunbizpdf (3373 : Stormwater Utility Program Phase II) 2016 04/21/2016 2016 08/26/2016 2017 02/16/2017 Document Images 02/16/2017 -- ANNUAL REPORT View image in PDF format 08/26/2016 -- AMENDED ANNUAL REPORT View image in PDF format 04/21/2016 -- ANNUAL REPORT View image in PDF format 02/05/2015 -- ANNUAL REPORT View image in PDF format 04/17/2014 -- ANNUAL REPORT View image in PDF format 04/03/2013 -- AMENDED ANNUAL REPORT View image in PDF format 02/14/2013 -- ANNUAL REPORT View image in PDF format 02/29/2012 -- ANNUAL REPORT View image in PDF format 02/01/2011 -- ANNUAL REPORT View image in PDF format 09/07/2010 -- ANNUAL REPORT View image in PDF format 04/27/2010 -- ANNUAL REPORT View image in PDF format 04/22/2009 -- ANNUAL REPORT View image in PDF format 07/24/2008 -- ANNUAL REPORT View image in PDF format 12/27/2007 -- Merger View image in PDF format 03/27/2007 -- ANNUAL REPORT View image in PDF format 06/30/2006 -- ANNUAL REPORT View image in PDF format 07/13/2005 -- ANNUAL REPORT View image in PDF format 04/08/2005 -- Name Change View image in PDF format 01/31/2005 -- Name Change View image in PDF format 01/31/2005 -- Name Change View image in PDF format 09/13/2004 -- ANNUAL REPORT View image in PDF format 08/04/2003 -- ANNUAL REPORT View image in PDF format 11/06/2002 -- ANNUAL REPORT View image in PDF format 11/14/2001 -- Foreign Profit View image in PDF format Florida Department of State, Division of Corporations Page 3 of 3Detail by Entity Name 6/7/2017http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 16.A.15.d Packet Pg. 867 Attachment: sunbizpdf (3373 : Stormwater Utility Program Phase II) Agreement # 17-7072 "Stormwater Utility Program Phase II" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of 20_ 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 Stantec Consulting Services, Inc., authorized to do business in the State of Florida, whose business address is 5801 Pelican Bay Blvd., Suite 300, Naples, Florida 34108 (hereinafter referred to as "STANTEC" "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Stormwater Utility Study services of the CONSULTANT concerning Stormwater Utility Program Phase II (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: 1 # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Stormwater Utility Study services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation," which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates Kelly Blake, PE a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time 2 # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Services Q�a is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 3 # 17-7072 "Stormwater Utility Program Ph Stantec Consulting Servicee Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 4 # 17-7072 "Stormwater Utility Program Phase If' Stantec Consulting Services, Inc. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and/or items necessary to correct the deficiencies directly related to the Consultant's non-performance whether or not the County obtained substitute performance. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to s ''r� # 17-7072 "Stormwater Utility Progra Pts ll" Stantec consulting Se na 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 DWG or MicroStation DGN 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 TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by 6 # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.3 Providing renderings or models for OWNER'S use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic C0.41) 7 # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. evaluations, rate schedules and appraisals, and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would g ` , # 17-7072 "Stormwater Utility Program Phase'_ Stantec Consulting Services, Inc. have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 9 O # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to 10 # 17-7072 "Stormwater Utility Program Pha {� Stantec Consulting Services 4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5. In no event shall any approval by OWNER authorizing CONSULTANT to continue performing or under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for "Basis of Compensation," which is attached hereto and made a part hereof. The Proje(M I Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks aM transferred from the County to the Consultant; and, as a business practice there are no hourly03 I I I M111 I I�1!11liiii i• 11;11lllIr;1111 I st! I K! 1114WWORMI I [I RMInt 2.11, 1 r-IFT1,11111 time spent by the Consultant's employees and subcontractors to perform the work (number of 11 H hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform o� 12 # 17-7072 "Stormwater Utility Programase II" Stantec Consulting Services, Inc. additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall defend, indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 13 # 17-7072 "Stormwater Utility Program Phase ll" Stantec Consulting Services, Inc. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Government, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. 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 14 # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Services, Ip�n1 OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 15 # 17-7072 "Stormwater Utility Program Phase Ir' Stantec Consulting Services, Inc. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub -subcontractors. 10.4. CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at cvl� 16 # 17-7072 "Stormwater Utility Program Phase If' Stantec Consulting Services, Inc. the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. a 0 17 # 17-7072 "Stormwater Utility Program Phase ll" Stantec Consulting Services, Inc. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6. In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after is # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In -Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto be 19 # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners of Collier County c/o Growth Management Division Capital Project Planning, Impact Fees & Program Mangement 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 Attention: Gino Santabarbara Telephone: 239-252-2925 Email: ginosantbarbara(a�colliergov.net �bJ 20 # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. 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: Stantec Consulting Services, Inc. 5801 Pelican Bay Blvd. Suite 300 Naples, Florida 34108 Phone: 239-649-4040 Attention: Kelly Blake, PE Email: kellyblake(a-)-stantec.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 SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 21 # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS RFP # 17-7072 Terms and Conditions Consultant's Proposal Off, 22 # 17-7072 "Stormwater Utility Program Phase Ir' Stantec Consulting Services, Inc. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth -In -Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. 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 ollows: "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/-01\� G entity for the construction or repair of a public building or public work; may 23 # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. not submit bids, proposals, or replies on leases of real property to a publilt 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." 10161 21A 1 =04=01 111A I Lei 0 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. 20.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 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 24 17-7072 "Stormwater Utility Program Phase 11" Stantec Consulting Services, Inc. provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. ********** 25 # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Stormwater Utility Study the day and year first written above. ATTEST: Dwight E. Brock, Clerk la Date: Approved as to Form and Legality: Assistant County Attorney Name Witness Name and Title Y Wi ess _�V�irTT�-[C-4� s'T�RR, P.G• � �SSoc,��rE Name and Title 26 BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, 0 Penny Taylor, Chairman Stantec Consulting Services, Inc. r By: Name and Title # 17-7072 "Stormwater Utility Program Phase II° Stantec Consulting Services, Inc. SCHEDULE A SCOPE OF SERVICES COLLIER COUNTY, FLORIDA STORMWATER UTILITY PROGRAM Summary The Collier County Board of County Commissioners (BOCC) has directed staff to perform financial rate study to establish rates and total anticipated revenues from the allowable revenue sources identified in the creation of a stormwater utility program. This study and efforts discussed herein are referred to as Stormwater Utility Program - Phase II. The BOCC directed staff to retain a professional consultant to develop and provide the necessary analysis and materials required to properly make major policy decisions regarding rate structure, billing methodology, levels of service, and rate study methodology for implementing a stormwater utility. In addition, the final deliverables will be part of a presentation to the BOCC outlining specific recommendations regarding stormwater utility rates, level of service, multi-year financial analysis, and a stormwater utility public information program. Purpose The purpose of this scope of services is to provide the Consultant with the Collier County Stormwater Utility Program -Phase II efforts which will assist Collier County (County) and the BOCC in making specific management and policy decisions that will be required to address the final development and successful implementation of a stormwater utility program. The objectives of Phase II are as follows: 1. Conduct a detailed analysis of stormwater utility rate alternatives with recommendations as to the most viable rate structure suitable for the Collier County; 2. Review and evaluate all billing and collection methodologies and make appropriate recommendations; 3. Develop and establish a GIS Master Impervious Surface Data to Parcel Layer; 4. Conduct an initial survey of the community to determine the level of knowledge and acceptance of a stormwater utility system and develop a public information program strategy; 5. Develop preliminary system -wide cost and revenue projections for the County's stormwater utility program; and 6. Obtain consensus from the County regarding the rate study methodology, final rate structure, billing methodology, and level of service. The body of work will consist of several tasks and subtasks each with a clearly identified deliverables, derived from the Exhibit A, Scope of Services in the Request for Proposal. Several technical memoranda and reports will be developed to support the development of a final report documenting the work effort and decision making process necessary for the development of a final recommendation and presentation to the BOCC. The following technical A-1 # 17-7072 "Stormwater Utility Progra ase II" Stantec Consulting_ , Inc. memoranda, interactive modeling work sessions and reports will be developed as a part of this scope of services: Technical Memorandum # 1: Review Stormwater Utility System Goals and Objectives (Task 2.1) Technical Memorandum # 2: Review Current and Proposed Budgets and Cost of Service Estimates (Task 2.2) Technical Memorandum # 3: Alternative Rate Structure Development and Evaluation (Task 2.5) Technical Memorandum # 4: Legal Review and Analysis (Task 2.6) Technical Memorandum # 5: Organizational Structure and Budget Development (Task 3.1) Technical Memorandum # 6: Review of Billing and Collection Alternatives (Task 4.1) Technical Memorandum # 7: Legal Review and Analysis (Task 4.2) Technical Memorandum # 8: GIS / Digitizing Impervious Area (Task 4.3) Technical Memorandum # 9: Recommended Billing Mechanism (Task 4.4) Technical Memorandum # 10: Detailed Cost of Service Analysis and Rate Development (Task 7) Inactive Modeling Work Session #1: Financial Model Review (Task 2.3) Inactive Modeling Work Session #2: Cost of Service Model Review (Task 2.4) Inactive Modeling Work Session # 3: Financial Model Review to Demonstrate Funding Strategies and Level of Service (Task 3.2) Report #1: Initial Assessment Findings and Recommendation Report (Task 6) Report #2: Final Engagement Report (Task 5.4) Report #3: Develop Final Strategy and Work Plan for Billing and Collection System (Task 8) Report #4: Prepare and Present Final Report (Task 9) SCOPE OF WORK Task 1 — Project Initiation / Data Collection 1.1 Progress Meetings and Coordination A project kickoff meeting will be held with appropriate County staff and Stantec's project team, which will consist of representatives from the Offices of County Manager, Property Appraiser, Tax Collector, Clerk of the Court, and other members that may be identified at a later date. The A-2 # 17-7072 "Stormwater Utility Program Pha Stantec Consulting Servicese, purpose will be to review the scope of the study; introduce the County staff and consultant team; and establish responsibilities and schedules. The working relationships established through this effort will contribute to the effective and timely completion of this rate study. The project kickoff meeting will be scheduled within two (2) weeks of receipt of notice to proceed. This task also includes up to twenty (20) periodic progress meetings that will be held with the County Project Manager and other staff as directed by the County Project Manager. Suspension of progress meetings will only be with the consent of the County Project Manager. Progress meetings will include the milestone meetings to review each technical memorandum deliverable as described below. An additional six (6) formal meetings are included to be scheduled as necessary and at the direction of the County Project Manager. Deliverables: Letters, transmittals, e-mails, and other forms of formal and informal communication as required. Each meeting will have an agenda and sign in -sheet prepared by Stantec. Meeting summary notes will be prepared, as necessary, by Stantec and submitted to all attendees within three (3) business days of the meeting for review and comment. 1.2 Data Collection To initiate the project, Stantec will prepare a data request list for submission to the County. Stantec will review the initial data provided by the County to develop an initial understanding of the operational parameters of the existing stormwater system. Supplemental data request(s) will be provided as necessary during the course of the study and data collection will continue throughout the life of the project. The initial data request list may include, but will not be limited to, the following: • Customer billing data • Maintenance records • County organization structure charts • Related engineering reports and studies. • Design documents, GIS information, and as -built drawings for existing and future facilities • GIS files of existing stormwater management service areas • Pertinent regulatory reports for the stormwater system • Other system data points, permits, agreements, and compliance requirements • Existing contracts for services, such as for maintenance and debris management • Existing stormwater hydraulic models • Existing stormwater Master Plan. • Operating and staffing costs • List of known or previously identified stakeholders or champions • AUIR supporting documentation • GIS inventory of Stormwater Infrastructure, if available For the duration of the Project, Stantec will coordinate with the County through regularly scheduled meetings, letters, transmittals, e-mails, memoranda, and other forms of formal and informal communication, as appropriate. A-3 # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. Deliverables: Stantec will perform periodic record requests. Stantec will maintain a database of all information collected as part of the scope of services. Database and supporting documentation will be provided to the County at the end of the work effort in electronic format. Up to four (4) thumb drives will be provided to the County with the associated electronic files. Task 2 — Evaluation of Revenue Requirements, Cost Allocation and Rate Structure Stantec will review the data provided by Collier County and will analyze stormwater revenue requirements, cost allocation and various rate structures. The review will incorporate the evaluation of data as it pertains to equivalent residential units (ERU's).The analysis will include: A. Generic review of stormwater utility programs in Florida and the US, that are similar regarding size and economic characteristics of Collier County; B. Advantages and disadvantages of each stormwater utility programs; C. Legal issues and possible constraints pertinent to various rate structures and their effect on other components of the program; and D. A high-level presentation of the range of rates to demonstrate the impact each rate structure may have on the potential consumer. 2.1 Review Stormwater Utility System Goals and Objectives The Evaluation of Revenue Requirements, Cost Allocation and Rate Structure must conform to the constraints and objectives of the stormwater utility, specifically intended for Collier County. Stantec will establish an understanding of these factors through review of existing policy, ordinances, resolutions and planning documents. Stantec will meet with representatives from several County departments including Stormwater, Coastal Zone Management, Transportation, Road Maintenance, Pollution Control, and Utilities to identify the County's stormwater management practices and to understand the County's current goals and objectives as it pertains to managing and maintaining the County's stormwater system. Stantec will then work closely with the Stormwater Department to identify and review the proposed stormwater utility goals and objectives for the County. These goals and objectives will be identified based on discussions with the County staff, review of existing policies and documents such as ordinances, resolutions, and prior studies. Deliverables: Deliverables will include a technical memorandum summarizing the review of the stormwater utility goals and objectives. The technical memorandum #1 will be provided to the County Project Manager via email in pdf format. 2.2 Review Current and Proposed Budgets and Cost of Service Estimates Stantec will review existing and projected budgets previously developed by Collier County, to assist in determining revenue requirements and to develop projections. Stantec will also contact, as necessary, County's legal staff and financial advisors, on questions pertaining to past and expected future financing and costs of capital investments, respectively. The County Stormwater Management team will confirm any long-term financing assumptions and strategies with projections and estimates based on experience in this area with the County advisory team. A-4 # 17-7072 "Stormwater Utility Program Phase I " Stantec Consulting Services, 0 O The revenue requirements will be developed using the financial model discussed in subtask 2.3 below. The revenue requirements will include assumptions regarding economic factors and growth within the County. The revenue requirements will be developed on a line item level including operations and maintenance costs, personnel, non-operating and necessary capital investments for system expansion and replacement needs. The revenue requirements will be developed for a 10 -year projection period. Deliverables: Deliverables will include a technical memorandum summarizing the review of current and proposed budgets and cost of service estimates. The technical memorandum #2 will be provided to the County Project Manager via email in pdf format. 2.3 Develop Financial Model To develop the system revenue requirements, Stantec will evaluate the effectiveness of alternative rate structures and the revenue sufficiency of the stormwater utility program, Stantec will develop a custom financial model that includes a five (5) and ten (10) revenue sufficiency and financial planning module which is used to develop a sustainable long-term financial business plan for the utility. The financial model allows Stantec's project team to work with the County staff and Commission to evaluate scenarios regarding capital improvement spending programs, level of stormwater maintenance funding, cost escalation factors, and other variables that impact the annual stormwater funding needs and ultimately the level of a potential stormwater fee. To facilitate the review of the funding strategies, Stantec will facilitate a formal meeting to display results on a control panel during live interactive work sessions with County staff. The control panel displays results of, not only the current scenario being evaluated, but also the last scenario against which the current scenario is being compared. This allows key participants in the interactive work sessions to clearly see the impacts of their alternative decision choices in terms of the financial consequences to the various financial parameters being tracked. The goal of the live interactive work session is to assist key stakeholders, such as personnel from finance, budgeting, engineering, operations, work towards solutions in an open environment. The result is consensus as to the solutions identified and confidence that all alternative solutions have been thoroughly evaluated. Deliverables: Deliverables will include an interactive modeling work session #1 with County staff to review the financial planning model and a document summarizing the work session provided to the County Project Manager via email in pdf format. 2.4 Cost of Service Analysis Once the revenue requirements have been developed, the Stantec team will complete a cost of service analysis. The purpose of the cost of service analysis is to develop the specific cost to service the various classes of customers within the County, on the basis of benefits received. Typical customer classes would include residential, commercial industrial and institutional. Stantec will identify the various cost of service characteristics and factors that can be used to determine the allocations of costs for each customer class based on industry standards and the availability of data. A-5 # 17-7072 "Stormwater Utility Progrlase II" Stantec Consulting S is ', Inc. The initial cost of service analysis will be based on the allocation of the specific revenue requirements developed during the review of current and proposed budgets, and cost of service estimates. The cost of service analysis will be refined as part of the stormwater fee development process as the structure of the alternative fees are often influenced by the specific cost of service results. Deliverables: Deliverables will include an interactive modeling work session #2 with County staff to review the cost of service model and a document summarizing the work session provided to the County Project Manager via email in pdf format. 2.5 Develop Alternative Rate Structures Once the revenue requirements and cost of service analysis have been accurately modeled in the rate design model, Stantec will develop a series of alternative rate designs. The alternatives will be developed based on typical industry approaches such as impervious coverage, gross area and intensity of development, impervious and pervious coverage percentages and other alternatives that may be appropriate. To facilitate the analysis, Stantec will rely on the impervious area analysis. The alternatives will be evaluated based on their ability to meet the specific goals and objectives of the County's stormwater program. Stantec will review various apportionment methodologies based upon the understanding of the data and the stormwater system in order to develop the most appropriate cost allocation methods and rate structures for the County. As part of the evaluation of various rate methodologies, Stantec will also compare the alternatives developed for the County with other local utilities and/or comparable utilities throughout the country. Stantec will provide a benchmarking comparison of the current stormwater utilities operating in the State of Florida which will document the current stormwater fees along with the method of assessment. Deliverables: Deliverables will include a technical memorandum #3 summarizing the Alternative Rate Structures evaluation. The technical memorandum will be provided to the County Project Manager via email in pdf format. In addition, Stantec will conduct an interactive work session with the County staff to review the rate alternative model. 2.6 Legal Review and Analysis The Collier County Attorney's Office and/or outside legal consultant will assist the County Stormwater Management team in conducting a legal review of all Florida Statutes, case law, and County ordinances that may impact the final determination of rate methodology employed. They will also prepare and submit a memorandum summarizing the legal parameters for the program, including a description of necessary ordinances and resolutions and any notice requirements for adoption. Stantec's project team will review the findings developed during this task and provide input as appropriate. Deliverables: Deliverables will include a technical memorandum #4 summarizing the Stantec's comments and input regarding the legal review completed by the County or outside legal consultant. The technical memorandum will be provided to the County Project Manager via email in pdf format. A-6 # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. Task 3 - Preparation of Preliminary Budget / Level of Service Stantec will develop a preliminary budget for the stormwater utility. The development of a preliminary budget for the stormwater utility will focus on the various levels of service that the County can provide within the community. The specific level of service discussion is a critical component of the study as it defines not only the level of service expectations within the community but typically has a significant impact on the magnitude of the stormwater fee. To complete the described preliminary budget and level of service analysis, Stantec will perform the subtasks described below. The memoranda will include the development of a technical memorandum that summarizes the work effort, results, and recommendations associated with each work subtask. 3.1 Organizational Structure and Budget Development Prior to developing a funding approach for the County's stormwater system, it is necessary to define the current and future state of the County's stormwater program. In most communities, the services related to stormwater management are spread throughout the entire organization and therefore it is necessary to do some investigation to identify the level of service provided within the current program. To facilitate review of the current program Stantec will review existing documentation, including the AUIR as updated, conduct interviews with County staff and provide a questionnaire that will allow us to document the types and frequency of activities completed within the County related to providing stormwater services. The current level of service will be documented in a detailed spreadsheet that will identify the current maintenance activities, planned capital projects and supporting resources (including staffing) dedicated to providing the current level of service. The framework developed to document the current level of service will be used to complete a stormwater program needs assessment. This assessment will identify the gaps in the current program to determine future levels of service. This will be accomplished by: • Evaluating the necessary increases in the frequency of maintenance activities • Identification of long-term capital improvement projects identified in previous studies and/or reports • Assessment of the age of current stormwater facility inventory of assets and resulting reinvestment needs • Identification of organizational and staffing needs to meet the requirements of the program Interviews with County staff may identify the need for capital improvement projects in areas that have not yet been studied and where specific improvements have not yet been proposed. These may include areas prone to flooding, water quality improvement initiatives, and regional watershed planning initiatives. Deliverables: Deliverables will include a technical memorandum #5 summarizing the proposed Organizational Structure and Budget Development. The technical memorandum will be provided to the County Project Manager via email in pdf format. A-7 # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Services, 3.2 Financial Strategy and Evaluation of Financing Alternatives Based on the work completed in the prior task, Stantec will develop specific criteria by which the funding alternatives for the County's stormwater program can be evaluated. The criteria will consider the equity of the funding strategies and will outline four specific levels of service including existing, minimal, acceptable and optimal. The levels of service will be based on the development of the preliminary budget and the process described in task 3.1. The financial model developed during the study will be used to easily demonstrate the impacts of all four levels, in terms of the specific stormwater fees and property owner impacts. Deliverables: Deliverables will include an interactive modeling work session #3 with County staff to review the financial planning model to evaluate funding strategies and level of service options and a document summarizing the work session provided to the County Project Manager via email in pdf format. Task 4 - Review and Evaluation of Billing and Collection Alternatives To complete the described review and evaluation of billing and collection alternatives, Stantec will perform the subtasks described below. The memoranda will include the development of a technical memorandum that summarizes the work effort, results, and recommendations associated with each work subtask. 4.1 Review of Billing and Collection Alternatives Stantec will review and determine the current status and usefulness of various datasets (including utility billing and the County's Tax Collector's and Property Appraiser's database) as they relate the development of a stormwater utility billing system. Stantec will evaluate the existing datasets within the County to determine the ability to assess and bill a stormwater fee. Stantec will identify billing and collection alternatives that could be utilized by the County to assess a stormwater fee and provides benefits and disadvantages of using each approach. Stantec will identify a billing mechanism and perform a subsequent analysis to determine whether the County has the capacity to support the stormwater billing process, including hardware, software and data/collections. Stantec will also consider whether the billing system includes a process for identifying and changing the billing rates as parcels are modified through construction or land use. Deliverables: Deliverables will include a technical memorandum #6 summarizing the potential Billing and Collection Alternatives. The technical memorandum will be provided to the County Project Manager via email in pdf format. 4.2 Legal Review and Analysis Stantec's project team will work with the County Attorney's Office and/or outside legal counsel to review the legal Florida Statutes, case law and County ordinances to help inform the manner in which the County may assesses and collect a stormwater fee. Deliverables: Deliverables will include a technical memorandum #7 summarizing the Legal Review and Analysis. The technical memorandum will be provided to the County Project Manager via email in pdf format. A-8 # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Servic nc. O 4.3 GIS / Digitizing Impervious Area The objective of this task is for Stantec and their subconsultant LAGO Consulting and Services, to develop and apply methods that will provide an acceptable and reasonable estimation of the impervious area on individual lots within Collier County. Development patterns vary greatly across Collier County. Parcels vary from those included in the rural residential zoning of the Golden Gate Estates to the multi -family residential found in Developments of Regional Impact. The methods that the Stantec team will utilize will vary based on the location and zoning classification of individual parcels. 4.3.1 Data Collection and Processing Create a project GIS repository comprised of current and available data. Data will be collected and processed to meet project criteria. It is expected that this data catalog will include but not be limited to the following: • Current Property Appraiser Parcel Data • Collier County Address Points • Collier County Road Centerlines • 2007 LiDAR • 2005 Planimetric with GMD updates • 2017 Aerial Images • Collier County Zoning Layer • Collier County Future Land Use Layer • Impervious percentage map from National Land Classification Dataset (NLCD) It is noted that in some areas of the County, parcel boundaries extend to the centerline of the road. One important element of this effort will be to define the extent of the roadway easement so that county maintained roads are not included in the impervious surface calculations. 4.3.2 Methodology Development Stantec will evaluate the county by geographic area and typical zoning classifications and develop a methodology for estimating the total impervious surface for single family residential private properties within the Stormwater Utility Areas. Ideally, a single approach would be applicable to all parts of the county; however, it is more likely that different approaches will be required for different geographic areas of the county. Stantec will work closely with the County, and other stakeholders identified by the County to define the appropriate methods to use for this analysis. The following describes a few potential approaches that may be applicable. The goal will be to define approaches that will estimate the extent of impervious area coverage per parcel where possible, which includes house/building footprint, driveway, a patio, etc. Then, the percentage of impervious area for each lot will be computed directly by dividing the impervious area by the parcel area. Examples of potential calculation methods are described below: A-9 # 17-7072 "Stormwater Utility Program PEW' Stantec Consulting Services, Inc. The NLCD includes an estimation of percent impervious surface based on a 100 ft X 100 ft grid. It would be possible to evaluate this data to estimate the percent of impervious on a "per parcel" basis. The NLCD coverage is not complete and would require some level of ground-truthing to gain a high level of confidence in the results. The County Planimetric data set includes polygons that define the footprint of each building within the county. This dataset would be reviewed and updated based on aerial photography to represent current conditions. Additional GIS work/field investigations would be required to estimate the average area of driveways and other impervious surfaces on a typical lot. This approach has the advantage of being able to differentiate among neighbors inside homogeneous geographic areas, but the downside is that it may not cover all areas in the County. Another approach for estimating single family residential would rely on a "sampling" strategy within the confines of a logical geographic area in the County. Rather than estimate an impervious area for every individual lot, the calculations would be completed for a statistically significant number of lots that are similar in size and located within a similar geographic area of the County. Stantec will collaborate with the County to select appropriate homogenous geographic areas in which this statistical sampling mapping could be applied to define impervious values that would be assigned for the entire area. Sampling data will be spatially distributed throughout the entire County providing the total square footage of impervious surface for each parcel. Stantec will create an impervious area layer for each privately owned multifamily, commercial, and industrial parcel within unincorporated Collier County using a level of detail appropriate for this scope. The impervious surface will be created utilizing both remote sensing and heads -up digitizing. QA/QC will be performed at a desktop level only (no ground truthing). It is expected that further QA/QC will be required prior to utilizing the resulting impervious area for billing property owners. 4.3.3 Calculate Impervious Surface Area Per Parcel through the County The impervious surface area for each parcel within the specified geographic areas of the County with be calculated using the methods and procedures defined in Task 4.3.2. Privately owned parcels will have a field populated with the impervious area and the method used to generate the area. Deliverables: File geo database containing the impervious layer and parcels with attributed with the respective impervious area. 4.3.4 Parcel Analysis Utilizing ArcGIS geo processing tools, impervious surfaces areas will be extrapolated and spatially associated with the respective underlying County Zoning, Parcel boundary, future land use, and/or other layers as determined in the stated methodology developed in Task 4.3.2. This scope will produce a feature class with the following attributes: • Parcel Folio A-10 Fv� # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. • Parcel Site Address • Parcel Square Feet • Impervious area classification • Impervious Square Feet from classification • Percent Impervious from classification • Impervious Square Feet from impervious layer approach • Percent Impervious from impervious layer approach • Impervious Square Feet adopted • Percent Impervious adopted • Verified (Yes/No) Deliverables: Technical memorandum #8 summarizing the digitizing efforts and a package of GIS Shape files. The technical memorandum will be provided to the County Project Manager via email in pdf format. 4.4 Recommended Billing Mechanism Based on the review the available data, legal environment, and specific characteristics of the County, Stantec will develop specific stormwater fee billing mechanism recommendations. The recommendations will be largely based on the reliability and completeness of the data, the ability of the County to administer, maintain and implement the mechanism as well as the overall cost of the approach. Deliverables: Deliverables will include a Technical Memorandum #9 summarizing the Recommended Billing Mechanism. The technical memorandum will be provided to the County Project Manager via email in pdf format. Stantec will obtain comments and feedback on memorandum from County via email. Stantec will incorporate County comments into a final Report and submit the final report via email. At the request of the County Project Manager, Stantec will provide up to four (4) hard copies of the report. Task 5 - Public Information Program A key objective of any successful stormwater utility program is to develop a successful process by which information is clearly and accurately defined and made available to the public. To do this, a mechanism for facilitating access to information is required. It is important to distinguish between a public information program and a public awareness/support program. This task will include the development of the initial outline for a public education and support program. This program will be developed based on input received from the County elected officials, administration, staff, and the results of preliminary stakeholder meetings. If it is determined that a County citizens' advisory committee is to be formed, prior to completion of Phase II of this engagement, their comments will be solicited. Task 5.1 — Public Outreach Plan Stantec will conduct up to eight (8) meetings with Collier County staff to develop the vision and message for the project, focusing on the identified challenges and opportunities in creating a consistent and deliverable message for all public meetings and public interactions. Stakeholder groups and leaders will be identified. A-11 # 17-7072 "Stormwater Utility Program PhSr-D, Stantec Consulting Servic Stantec and the County will identify up to six (6) NGO's that can be identified to support and assist in providing a positive messaging campaign with their members. Meetings will be held with these potential `Champions' to gauge their willingness and ability to positively impact the messaging for the Project. Deliverables: A public outreach plan, format and schedule will be developed and provided to Collier County in draft form, outlining the message, public outreach strategy, potential community champions and known challenges in providing information to and obtaining feedback from stakeholders. Task 5.2 — Small Group Outreach Building on the identification of stakeholder groups in Task 5.1 a three-person team (one county staff and two Stantec employees) will schedule and attend up to fifteen (15) small group meetings with the leaders of identified stakeholder groups. Meetings will be held on an informal basis (over coffee, in homes, etc.) as much as possible to keep the approach at a conversational level. The purpose of these meetings will be to inform the stakeholder leaders of the public engagement process and also to listen to ideas and concerns to better assist us in providing a meaningful public engagement platform. Deliverables: A written summary of the small group meetings will be provided, within fifteen (15) business days of the last scheduled meeting. Task 5.3 — Community Workshops / Engagement Sessions Stantec will work with County Staff to plan and execute up to five (5) Community Workshops, with one in each Commission District. Up to two additional smaller presentations in the more geographically remote portions of the County may also be necessary. Planning for these workshops will include up the three meetings to discuss format, content, and execution strategies. Stantec will prepare an informational presentation with the assistance of County staff to provide background information as part of the workshops. Stantec will coordinate with Collier County Communications and Customer Relations closely to serve the community and advertise the scheduled workshops. A multi -media, broad spectrum approach will be developed and specific tasks and timelines will be created by the County and the Public Information Manager for Stantec. Each workshop will be conducted with a focus on engagement and participation by those in attendance. To accomplish this, Stantec will provide a lead presenter and up to six (6) additional facilitators to work with the small groups that attend each workshop. The county will provide an additional four (4) facilitators who will received a condensed training session in advance of the first workshop. These facilitators will be present at each of the five workshops. The primary purpose of the workshops will be information gathering to assist the County in determining the issues, concerns and goals of the community as it relates to the Countywide Stormwater Program. A-12 # 17-7072 "Stormwater Utility Program fall" Stantec Consulting Servic c. At each workshop, the on-line survey which will be discussed and the launch date will be provided which will follow the final workshop by two weeks. The survey duration will be thirty (30) days. Deliverables: A written summary of each work shop as well as a listing of ideas generated at each will be provided within ten (10) business days of each workshop. After the final workshop, an overall summary will be created. Task 5.4 — Final Public Engagement Report Stantec will prepare a Draft Public Engagement Report that summarizes the total effort, including the NGO meetings, public outreach plan, small group outreach, public workshops, and survey results. This report will identify the strengths as well as the challenges related to the creation of the County Stormwater Utility, based on public input and interaction. Stantec will meet with up to ten (10) stakeholders identified as project champions to informally discuss the public engagement results and engage them to determine the best path to address any identified challenges. Based on the public engagement work and in concert with the effort identified in tasks 2, 3 and 4, a Project 'story' will be identified that incorporates the public sentiment and input as part of the structure and form of the Utility. This message will become part of the findings and Recommendations report (Task 6). Deliverables: Deliverables will include a Final Engagement Report #2 summarizing the results and findings from stakeholders, NGO's and the public via the meetings, workshops and via the on-line survey. A plan to align the goals and desires of the community with the proposed Utility will be provided. The final report will be provided to the County Project Manager via email in pdf format. Stantec will obtain comments and feedback on memorandum from County via email. At the request of the County Project Manager, Stantec will provide up to four (4) hard copies of the report. Task 6 — Initial Assessment Findings and Recommendations Report Stantec will develop a report that summarizes findings and recommendations. The report will be comprised of the previously developed technical memorandum and will be written to broader audience. The report will be submitted to the County Project Manager for distribution to County staff. The report will consist of all technical memoranda, summaries, and detailed supporting schedules/data. The report will provide recommendations pertaining to the rate structure, methodology for billing and collections, cost of service analysis and strategy for a public engagement and information program. The report will be reviewed with the County Stormwater Management team for comment and input. Once this input is incorporated into the report, Stantec will present the report to the County Manager and Stormwater Management team. This will serve as a key point in the study to ensure that approach and recommendations are appropriate for the County and reflect the key goals and objectives of the community at large. Deliverables: Deliverables will include a Draft Report #1 summarizing the initial assessment findings and recommendations associated with the initial assessment. The report will be provided to the County Project Manager via email in pdf format. Stantec will obtain comments A-13 # 17-7072 "Stormwater Utility Program Phase If' Stantec Consulting Services, I ova and feedback on memorandum from County via email. Stantec will incorporate County comments into a final Report and submit the final report via email. At the request of the County Project Manager, Stantec will provide up to four (4) hard copies of the report. Task 7 - Detailed Cost of Service Analysis and Rate Development Once direction has been provided by the County Manager and Stormwater Management team, the Stantec project team will complete the remaining aspects of the study necessary to allow for implementation of a stormwater utility within the County. This will include a review and update of the detailed cost of service analysis and rate development completed in prior tasks. 7.1 Finalize System Revenue Requirements, Level of Service and Financial Management Plan Based on the worked completed in task 2, Stantec's project team will finalize the financial analysis for the stormwater system. The financial model developed during task 2 will be used to facilitate the analysis. The specific activities include the following: • Develop a detailed 5 -year budget, a long-term 10 -year budget, cash flow analysis, and revenue requirements for the stormwater system • Finalize the level of service analysis including the completion of the organizational structure and supporting budget • Finalize funding strategy for stormwater capital projects including various level of capital improvement plan execution • Identification of final staffing requirements • Finalize revenue sufficiency analysis to evaluate existing revenue levels • Demonstrate level of service changes on revenue requirements and impacts 7.2 Finalize Cost of Service Analysis Based on the worked completed in task 2, Stantec's project team will finalize the cost of service analysis for the stormwater system. The specific activities include the following: • Review of original cost of service allocation assumptions and update based on guidance provided by the County staff • Collection of additional data as required to complete the final cost of service analysis • Finalize cost of service allocation criteria • Finalize customer classes for cost of service • Distribute the system revenue requirements to the identified customer classes to identify cost of service by class 7.3 Develop and Test Final Rate Structure Based on the development of the financial management plan in Task 7.1 and the cost of service analysis in Task 7.2, Stantec will develop the final rate structure and rates for the stormwater system. Once the rates are fully developed Stantec will develop a full system bill tabulation to demonstrate the impact of the stormwater rates on all parcels. A-14 # 17-7072 "Stormwater Utility Program PhRnc Stantec Consulting Services Deliverables: Stantec will develop a technical memorandum #10 on the detailed cost of service analysis and rate development. The technical memorandum will be provided to the County Project Manager via email in pdf format. Stantec will obtain comments and feedback on memorandum from County via email. A technical memorandum with comments incorporated, as necessary, will be submitted to the County Project Manager via email. Task 8 - Develop Final Strategy and Work Plan for Billing and Collection System Building on the billing and collection recommendations developed in prior tasks, Stantec will develop a recommendation for the final billing and collection system strategy and work plan. The report will outline the specific program methodology and how the approach comports with legal requirements within the state. The report will outline the specific procedures required to develop the stormwater utility master account billing file. This will include the development of the number of equivalent residential units (ERUs) within the County based on a statistical sample of the average impervious area for single family residential properties and a determination of ERUs for non-residential parcels in the County. The determination of the ERUs will be based on the detailed GIS analysis completed as part of Task 4 and finalized within this task. Deliverables: Stantec will prepare and deliver a draft report outlining the final billing and collection system strategy and work plan to the County Project Manager via email. Stantec will obtain comments and feedback on memorandum from County via email. A final report #3 with comments incorporated, as necessary, will be submitted to the County Project Manager via email. Task 9 - Prepare and Present Final Report At the conclusion of the study, Stantec will prepare a final report for presentation to the County. The draft report will be provided first the County staff for review and comment. Once the County comments and edits have been incorporated into the report Stantec will present the results of the study to the Board of County Commissioners. Stantec will coordinate County Staff on the development of presentation materials and talking points such as power points and graphics to present to Commissioners in one-on-one meetings attended by County staff and the consultant. The purpose of the meetings will be two -fold, both to inform and update as well as to gather additional information from Commissioners. Leading up to the public review and discussion of the proposed Utility Final Report, Stantec will work closely with County staff to inform Champions and community stakeholder leadership on the timing and schedule of upcoming public meetings or hearings. Stantec will attend one (1) meeting before the Collier County Planning Commission (if required) and one meeting with the Collier Board of Commissioners to present the final report and findings. The Presentation will be closely coordinated with key County Staff and a joint presentation is anticipated before both bodies. Deliverables: Stantec will prepare and deliver eight (8) hard copies of the final report along with an electronic copy. Stantec will prepare electronic presentation materials, including project graphics in electronic format and up to four foam mounted boards. A-15 # 17-7072 "Stormwater Utility Program Pha Stantec Consulting Services, Task 10 — Project Specific Website 10.1 Website Development and Hosting Stantec and their subconsultant, QCA, will implement a public information website for the duration of this project. The purpose of this website is to inform the public of the project & project schedule and direct the public to an online survey that will be tailored to collect information associated with public needs and opinions as it pertains to a stormwater utility. The website will also allow the County to post information regarding public meetings and milestones associated with the project. Additionally, the website will provide the public with the ability to leave comments regarding the project. A preliminary list of website pages includes the following pages: • Home Page • Public Notification Page • Survey Page • Contact Us Page Stantec and its sub -consultants will meet with the County to develop the website layout and pertinent information to be included. This task includes website hosting for the duration of the project. The website will not include any project branding or links to the County's website. The website will not utilize the County logo and there will be no email services associated with the website. 10.2 Website Maintenance Stantec and/or their consultant QCA will update the website as directed by the County. QCA will receive content from Stantec and/or County. Website updates will go through an agreed upon approval process, as prescribed by the County. The approval process will be discussed and developed, and refined if necessary throughout the duration of the project. Deliverables: Stantec will develop and implement the project specific website. Stantec will provide periodic reports on website use, survey use, and general website traffic and communications. A-16 # 17-7072 "Stormwater Utility Program PhaIJ,� Stantec Consulting Services, SCHEDULE B BASIS OF COMPENSATION LUMP SUM AND TIME AND MATERIALS 1. MONTHLY INVOICES B.1.1. As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the Lump Sum and Time and Material payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until services associated with any such line item have been completed or partially completed to OWNER'S reasonable satisfaction. Item Task Description Lump Sum Time and Payment Schedule Materials Not To Exceed 1. Project Initiation and Data $16,740.00 $ Monthly Upon Percent Collection Complete of Task 2. Evaluation of Revenue $40,485.00 $ Monthly Upon Percent Requirements, Cost Allocation Complete of Task and Rate Structure 3. Preparation of Preliminary Budget $16,556.00 $ Monthly Upon Percent (Level of Service Analysis) Complete of Task 4. Review and Evaluation of Billing $90,134.00 $ Monthly Upon Percent and Collection Alternatives Complete of Task 5. Public Information Program $65,800.00 6. Initial Assessment Findings and $12,224.00 $ Monthly Upon Percent Recommendation Report Complete of Task 7. Detailed Cost of Service Analysis $29,228.00 $ Monthly Upon Percent and Rate Development Complete of Task 8. Develop Final Strategy and Work $27,012.00 $ Monthly Upon Percent Plan for Billing and Collection Complete of Task System 9. Prepare and Present Final Report $30,409.00 $ Monthly Upon Percent Complete of Task 10. Project Specific Website $14,725.00 $262,788.00 $80,525.00 GRAND TOTAL FEE (Total Items 1-10) $343,313.00 B-1 # 17-7072 "Stormwater Utility Program Phase If' Stantec Consulting Servic. 0 B.2.2. The fees noted in Section B.2.1. shall constitute the amounts to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B. B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section B.3.4.1 below. There shall be no overtime pay on Additional Services without OWNER'S prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. CONSULTANT shall submit, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. B-2 # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. Ot1a B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.4.1.5. Expense of models for the County's use. B.3.4.1.6. Other items on request and approved in writing by the OWNER. Od B-3 # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. Attachment 1 SCHEDULE B CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Technical Advisor - Financial Services $288.00 Project Manager - Financial Services $257.00 Management Consultant - Financial Services $205.00 Consultant - Financial Services $172.00 Analyst - Financial Services $133.00 Principal Engineer $206.00 Principal Municipal Planner $172.00 Senior Project Manager $172.00 Senior Engineer $157.00 Engineer $123.00 Senior Planner $139.00 Planner $110.00 Senior Designer $114.00 Project Manager $147.00 Project Manager Assistant $120.00 Designer $94.00 Senior GIS Specialist $139.00 GIS Specialist $102.00 Clerical/Administrative $65.00 Public Information Manager $120.00 B-4 # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. Public Information Officer $115.00 Public Information Assistance $105.00 Senior Scientist $118.00 Technician $72.00 Graphic Desiger $95.00 Website Designer $95.00 The above hourly rates are applicable to Time and Materials tasks only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added upon mutual agreement in advance and in writing by the Project Manager and the Consultant, without further Board approval. B-5 # 17-7072 "Stormwater Utility Program Phase ll" Stantec Consulting Services, Inc. SCHEDULE C PROJECT MILESTONE SCHEDULE 0 D-1 # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. Cumulative Number of Calendar Days For Completion Task Description from Date of Notice to Proceed for Services under this Agreement 1 Public Initiation and Data Collection 365 2 Evaluation of Revenue Requirements, 90 Cost Allocation and Rate Structure 3 Preparation of Preliminary Budget (Level 90 of Service Analysis) 4 Review and Evaluation of Billing and 120 Collection Alternatives 5 Public Information Program 270 6 Initial Assessment Findings and 120 Recommendation Report 7 Detailed Cost of Service Analysis and 120 Rate Development 8 Develop Final Strategy and Work Plan for 180 Billing and Collection System 9 Prepare and Present Final Report 240 10 Project Specific Website 365 0 D-1 # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. 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 D-1 # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Servc CAO shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. D-2 # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting ServAies.. Inc. G0© (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? _X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one, if applicable) X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable _X_ Not Applicable D-3 # 17-7072 "Stormwater Utility Program P' Stantec Consulting Servif'10- (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable _X_ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X_ Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: 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/her designee. D-4 # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Se�s, nc. O (3) Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. (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. 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 of not less than: X Bodily Injury & Property Damage - $1,000,000 D-5 # 17-7072 "Stormwater Utility Program se II" Stantec Consulting S Inc. '111 111 "A ZIN Wy I F-11 MI 4 k (1) Umbrella Liability may be maintained as part of the liability insurance of t1cill-t RON M x 1 1 MY IT$ M W; � M 1weno ff, 1111! 1111,111iiiiiiiii General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. illIli'lilliIiii IN 1115111 11, 1 Jill I IMEM=4 0 lill 10111 111111 Jill I Jill! ii 111111 1 1 W0014*1. 0,1 Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: 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 this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. D-6 # 17-7072 "Stormwater Utility Program Phase 11" Stantec Consulting Services, Inc. -010 (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT D-7 # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Servi s 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. END OF SCHEDULE D D-8 # 17-7072 "Stormwater Utility Program P -49w II" Stantec Consulting Set l C. SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Stantec Consulting Services, 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 Stormwater Utility Program Phase II are accurate, complete and current as of the time of contracting. Stantec Consulting Services, Inc. TITLE: DATE: E-1 # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting SeS C. SCHEDULE F KEY PERSONNEL Name Personnel Category % of time 15% Andrew Burnham Technical Advisor - Financial Services David Hyder Project Manager - Financial Services 45% Jeff Dykstra Kyle Stevens Patrick Luce Tim Hancock Kelly Blake, PE Manuel Perez Corey Bernier Lisa Colburn, Kim Rimes Ivette Batista Management Consultant - Financial Services 25% Consultant - Financial Services Analyst - Financial Services Principal Municipal Planner Senior Engineer Senior GIS Specialist GIS Specialist Clerical/Administrative Public Information Manager Josh Philpott, Jared Beck, Public Information Officer Brenda Surprenant Marcelo Lago, Peter deGolian Senior Scientist Alexander Lago, Ruben Capote Technician Joe Duhamel, David Crigger, Graphic Designer Dylan Conway, Sophia Tingle Website Designer F -I 50% 25% 25% 5% 10% 15% 10% 20% 5%/ea. 10%/ea. 25% ea. 10%/ea. 10%/ea. # 17-7072 "Stormwater Utility Program Phase II" Stantec Consulting Services, Inc. C90