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Agenda 07/11/2017 Item #16A1707/11/2017 EXECUTIVE SUMMARY Recommendation to award a contract under Request for Proposal (RFP) solicitation number 17 - 7103 - West Goodlette Frank Road Joint Stormwater-Sewer Project, to Q. Grady Minor and Associates, P.A. (GradyMinor), in the amount of $695,591. (Project No. 60142) _____________________________________________________________________________________ OBJECTIVE: To prepare the engineering plans and complete the required regulatory agencies permitting for the construction of stormwater and sanitary sewer improvements for several streets located between Goodlette Frank Road and US-41. CONSIDERATIONS: On April 25, 2017, [Agenda Item 16.A.16] the Board of County Commissioners (Board) approved the consultant ranking for RFP No. 17-7103 - West Goodlette Frank Road Joint Stormwater-Sewer Project and directed the County Manager to negotiate a contract in accordance with the requirements of the Consultants Competitive Negotiation Act. The attached contract proposes a timeline for completion of the design and advancement into the permitting in January 2018. The proposed negotiated contract includes, but is not limited, to the following tasks: Task No. Description Task 1 Infrastructure Identification Task 2 Basis of Design Report Task 3 Design Task 4 Permitting Task 5 Bidding Task 6 Project Management Task 7 Construction Administration Task 8 Construction As-Built Survey Task 9 Reimbursables Due to the uncertainties involved in the future process of construction bidding and the subsequent construction, the fees for Tasks 7 and 8 are currently unidentified. It is anticipated to bring the negotiated proposal for those fees at approximately the same time the recommendation of award for the construction contract is brought to the Board. FISCAL IMPACT: The total fiscal impact, not including future negotiated fees for Tasks 7 and 8, is $695,591. Funding is available in the Stormwater Capital Fund 325, Ridge Street Project 60142. In accordance with the interlocal agreement with the City of Naples [9-27-16 Board Agenda Item 16.A.9] the City will reimburse the County for design costs for the sanitary sewer portions of the contract. Under the proposed cost sharing agreement developed by County and City staff, the proposed cost sharing ratio is approximately a 50/50 split for the currently negotiated tasks. GROWTH MANAGEMENT IMPACT: Approval of this item is in accordance with the goals, objectives, and policies of the applicable sections of the Stormwater Management sub-element and the Conservation and Coastal Management and Intergovernmental Coordination elements of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. - SRT RECOMMENDATION: To award a contract under RFP solicitation number 17-7103 - West Goodlette 07/11/2017 Frank Road Joint Stormwater-Sewer Project, to Q. Grady Minor and Associates, P.A. (GradyMinor), in the amount of $695,591, with the following actions: •Authorize the Chair to sign the contract; and •Authorize the County Manager or his designee to proceed into scope and fee negotiations with GradyMinor for Tasks 7 and 8 at the appropriate time when the project advances into construction, for subsequent Board approval. Prepared by: Robert Wiley, Principal Project Manager, Stormwater Management Section, Capital Project Planning, Impact Fees and Program Management Division ATTACHMENT(S) 1. RFP 17-7103 Solicitation (2-10-17) (PDF) 2. RFP 17-7103 Solicitation Addendum 1 (2-27-17) (PDF) 3. RFP 17-7103 NORA (PDF) 4. 17-7103 Q. Grady Minor_Agreement_CAO (Signed) (PDF) 07/11/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.17 Doc ID: 3370 Item Summary: Recommendation to award a contract under Request for Proposal (RFP) solicitation number 17-7103 – West Goodlette Frank Road Joint Stormwater-Sewer Project, to Q. Grady Minor and Associates, P.A. (GradyMinor), in the amount of $695,591. (Project No. 60142) Meeting Date: 07/11/2017 Prepared by: Title: Project Manager, Principal – Capital Project Planning, Impact Fees, and Program Management Name: Robert Wiley 06/20/2017 11:21 AM Submitted by: Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 06/20/2017 11:21 AM Approved By: Review: Procurement Services Barbara Lance Level 1 Purchasing Gatekeeper Completed 06/20/2017 1:45 PM Growth Management Department Judy Puig Level 1 Division Reviewer Completed 06/20/2017 2:21 PM Capital Project Planning, Impact Fees, and Program Management Gerald Kurtz Additional Reviewer Completed 06/20/2017 3:25 PM Procurement Services Evelyn Colon Additional Reviewer Completed 06/20/2017 3:43 PM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 06/20/2017 4:29 PM Procurement Services Sandra Herrera Additional Reviewer Completed 06/20/2017 4:46 PM Procurement Services Swainson Hall Additional Reviewer Completed 06/20/2017 4:48 PM Procurement Services Ted Coyman Additional Reviewer Completed 06/21/2017 5:28 PM Growth Management Department Robert Wiley Level 2 Division Administrator Skipped 06/14/2017 9:25 AM Growth Management Department Kenneth Kovensky Additional Reviewer Completed 06/22/2017 10:58 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 06/22/2017 1:56 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/22/2017 2:25 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 06/29/2017 6:30 PM Grants Therese Stanley Additional Reviewer Completed 06/30/2017 10:50 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/30/2017 11:15 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/05/2017 11:34 AM 07/11/2017 Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM CCNA (Revision 06132016 REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants’ Competitive Negotiation Act. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CCNA Solicitation 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 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. RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 2 Table of Contents LEGAL NOTICE ......................................................................................................................... 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ...................... 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS...........................................................................17 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ................21 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP ...........................................24 ATTACHMENT 1: CONSULTANT’S NON-RESPONSE STATEMENT ......................................33 ATTACHMENT 2: CONSULTANT CHECK LIST .......................................................................34 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ........................................................35 ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT ............................................36 ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION ..............................................38 ATTACHMENT 6: CONSULTANT SUBSTITUTE W – 9 ............................................................39 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS ........................................40 ATTACHMENT 8: REFERENCE QUESTIONNAIRE .................................................................42 RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 3 Legal Notice Pursuant to approval by the County Manager, Sealed Proposals to provide design and other related services will be received until 3:00PM, Naples local time on March 10, 2017. All Proposals must be submitted electronically on the County’s on-line bidding system: www.colliergov.net/bid CCNA Solicitation 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project Services to be provided may include, but not be limited to the following: Design and Other Related Services. 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 February 9, 2017. RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 4 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Stormwater Management Division (hereinafter, the “Division”), 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. Brief Description of Purchase The selected consultant(s) shall perform a comprehensive design of the County-owned roadside drainage system and the City of Naples-owned sanitary sewer and potable water systems within the area bounded by Goodlette-Frank Road to the east, US-41 to the west, Cypress Woods Drive to the north, and Creech Road to the south to construct system renovations and new facilities. The selected consultant(s) will demonstrate abilities to perform design, permitting, bidding assistance and construction-related support services. Background The Stormwater Section staff has received drainage complaints in past years from residents along various streets between Goodlette-Frank Road and US-41. At times these complaints have also included septic system problems. The City of Naples has a “Master Sewer Plan for the City’s Unsewered Service Areas” (MSPCUA) that was prepared in 2006. A copy of the MSPCUA is attached to this Scope of Work. In an effort to address needed stormwater improvements along these streets as well as provide sanitary sewer service to eliminate the septic systems and disturb the neighborhood streets the least number of times, the County and City have developed a joint project planning and construction effort. The sanitary sewer system, and any incidental reconfigurations of the existing potable water facilities, will be a part of the City of Naples Utilities systems, and the City’s design and construction specifications will be utilized by the consultant. The stormwater management facilities will be a part of the Collier County stormwater management system for roadside drainage and the County’s design and construction specifications will be utilized by the consultant. Detailed Scope of Work The County is interested in contracting with a qualified engineering design firm to develop and implement stormwater, sanitary sewer, and potable water infrastructure improvements in the West Goodlette-Frank Road Area (a.k.a. West G-F Road Area) that is contained within Areas 4 and 5 of the MSPCUA. The streets included within the Project area are:  Hollygate Lane  Frank Whiteman Blvd.  Cooper Drive  Illinois Drive  Wisconsin Drive  10th Street North  12th Street North RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 5  14th Street North  Ohio Drive  High Point Circle  Ridge Street  Rosemary Lane  Rosemary Court The submitted proposal will clearly demonstrate the Consultant’s concept on how, t hroughout the duration of the program, the Consultant will provide design and project management assistance that may consist of, but not limited to the following:  Project Management o Public relations assistance o Progress meeting(s) attendance and assistance with County and City staff as needed o Public information meeting(s) attendance and assistance with County and City staff as needed o Graphics/exhibit preparation  Preliminary Design  Design o Land surveying o Surface and subsurface locations and investigations of surface and underground utilities o Geotechnical surveys o Design and construction plans and report preparation  Regulatory agency permitting  Post-design services o related to bidding o related to construction Tasks identified in this scope will be negotiated at the time of contract negotiations. Task 1 – Project Management The proposal will identify the Consultant’s project management involvement with the County to include, but not limited to the following: 1.01 Project Progress Meetings: The proposal will demonstrate the consultant’s ability to schedule, attend and conduct bi-weekly progress meetings with County and City representatives, as requested by the County’s Project Manager.  These progress meetings will extend throughout the program to keep the County and City informed of the Project progress, to make certain that the engineer is productively conducting its consulting services and to obtain input and direction as required for outstanding project issues. Meeting objectives will be to provide progress updates and reach decisions on pertinent issues relative to the specific topics being addressed.  It is anticipated that the engineer will prepare and distribute agendas and minutes for each meeting incorporating agenda items and meeting minute corrections provided by the County. Agendas will be submitted to the County at least two days prior to the meeting. Draft minutes will be submitted to the County no more than two working RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 6 days following each meeting; the County will provide comments no more than three working days after receipt of draft minutes. 1.02 Public Information Meeting(s): The proposal will demonstrate the consultant’s ability to schedule, attend and conduct public information meetings at various stages in the Project to keep the impacted residents and owners and local officials informed on the progress and Project direction. The proposal will identify the consultant’s concepts on when (at what stage in the Project and not a specific date) the public information meetings should be held and the type of information that would be available for viewing and discussion. 1.03 Public Relations Assistance: The proposal will demonstrate the consultant’s ability to work with County and City staff in a coordinated public relations (PR) assistance program to ensure the public is able to access available information about the Project, the information is readily understandable, and the PR effort is responsive to requests. This PR effort will also be coordinated through the Growth Management Department’s Community and Media Relations section for any release of information or communication with local news media. 1.04 Graphics/Exhibit Preparation: The proposal will demonstrate the consultant’s ability to work with County and City staff to prepare any needed graphics, exhibits, and/or presentations that may be needed or used in any of the meetings and/or PR program. This includes physical hard copy, electronic, and web-based formats. Task 2 – Preliminary Design The proposal will identify the consultant’s conceptual thoughts on developing a design for the stormwater and sanitary sewer collection components of the Project. Should the proposed design include the use of innovative construction technologies, consultant shall retain experts with expertise in using proposed technologies. The proposal will identify the Consultant’s preliminary design abilities to include but not limited to the following:  The intent for the sanitary sewer portion of the Project is to follow the MSPCUA. After reviewing the attached MSPCUA in order to prepare their proposal, the consultant may be able to identify areas of modification for improved constructability, improved service efficiency, and reduction in cost for both construction and operation. The consultant is encouraged to not only demonstrate their ability to prepare a design compatible with the MSPCUA, but also prepare a modified preliminary design, including a discussion of what the modified preliminary design entails.  The intent for the stormwater portion of the Project is to provide on-site stormwater quality treatment and possible attenuation prior to discharge into the Goodlette-Frank Road ditch. There are no identified locations for ponds which limits the stormwater components to within the rights-of-way. Generally speaking, the streets utilize a roadside swale system with driveway culverts and street cross drains. There are limited areas where valley curb, inlets and storm drain piping are utilized. The submitted proposal will provide preliminary design concepts on how the consultant intends to address existing the street and yard flooding issues as well as improving water quality being discharged into the existing channel along the west side of Goodlette-Frank Road.  Relocations/modifications to existing potable water lines may be required and should be included in the consultant’s design(s). RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 7  The Project is to be designed in a manner to allow for construction phasing, as determined by the County, which will allow for completed concurrent construction of both stormwater and utility components on selected streets during the “dry” seasonal months, with possible pauses of construction during the “wet” seasonal months, while allowing for the completed portions to function. The engineer will assist in identifying the phases and components in each recommended phase. Task 3 – Design The proposal will identify the consultant’s abilities and experience in the design of stormwater systems for neighborhood streets and sanitary sewer collection systems. The proposal will describe activities and provide examples that include, but not limited to the following: 3.01 Survey: The proposal will demonstrate the consultant’s ability to provide land surveying services for Project design and construction purposes to include, but not necessarily be limited to the following: 3.01.A Research the public records for plats, deeds, and right-of-way maps to compile a horizontal control search map for the field crew to utilize. Locate with Global Position System (GPS) and traditional field surveying methods existing permanent reference monuments, right-of-way control monuments, abutting property corners and section corners along the proposed stormwater and sanitary sewer collection system improvements routes to establish horizontal control for the Project. Horizontal survey datum will be NAD 1983. 3.01.B Set survey baselines in relation to the survey control found in Item 2.01.A above. 3.01.C Establish vertical control by running a level loop along the Project baselines, setting a benchmark at each street intersection and at intervals not exceeding five hundred (500) feet distance. The benchmarks will be located so as to not be impacted by construction of the Project’s components. Vertical datum will be NAVD 1988. 3.01.D Utilize the Sunshine State One-Call System to have the existing utilities located and to determine utility ownership (water, irrigation quality water, gas, electric, telephone, cable, force mains, etc) prior to performing any field survey location efforts. 3.01.E Infrastructure Location – locate existing features to include, but not be limited to the following:  Property boundaries, rights-of-way and easements  All utilities (visible and below ground including water, irrigation quality water, gas, electric, telephone, cable, force mains, etc.) including manholes, valve covers, meter boxes, power poles, lines, pipe lines, including invert elevations where applicable.  All stormwater facilities including swales, culverts, pipe ends, storm drains, inlets, including invert elevations where applicable.  Edge of pavement and driveways  Fences/bollards (conditions and sufficiency for future expansion)  Trees and shrubs (within or overhanging the rights-of-way or easements) RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 8  Landscaping (code considerations) and irrigation facilities  Buildings (fronts and sides facing streets, and include septic tanks and drain fields if readily discernible or identified by owner)  Flow meter and by-pass assemblies (if applicable)  Flow monitoring (if applicable)  Potential for bypass pumping and dewatering discharge routes  Site access  Site layout of proposed improvements developed in Task 3 to be used with Task 1 3.02 Geotechnical: The proposal will demonstrate the consultant’s (or identified sub- consultant’s) ability to provide geotechnical investigations and analyses necessary for the design and preparation of construction plans for this Project. A report shall be prepared with recommendations and pertinent soils data, including the water table, rock depths, along with geotechnical information for the sanitary sewer pump station(s) and shall be submitted to the County for its record. The geotechnical investigations and analyses will include, but not limited to the following: 3.02.A Field Operations – To define subsurface soil and groundwater conditions along the proposed alignment of all proposed pipe lines (storm drains, sanitary sewer, and/or relocations/modifications of potable water). The consultant/sub-consultant will perform the following:  Mobilize drilling crew and equipment to perform Standard Penetration Test (SPT) borings advanced to a depth of at least five (5) feet below the anticipated pipe line invert(s). Borings will be spaced on approximately 200-foot centers, or as mutually determined by consultant and County. At proposed sanitary sewer pump stations one SPT boring advanced to a depth of twenty-five (25) feet will be performed.  Locate borings as close as reasonably feasible to the proposed pipe alignment, but within the right-of-way or easement. Coordinate with all underground utility companies before drilling. All boreholes will be backfilled with neat cement and then plugged with asphaltic concrete if in the street. 3.02.B Laboratory Analysis – Representative samples obtained during the field exploration program will be examined to obtain more accurate descriptions of the existing strata. Laboratory testing will be performed on selected samples as deemed necessary to aid in soil classification and to further define the engineering properties of the encountered materials. The soil descriptions will be based on the visual classifications procedure in general accordance with the AASHTO Soil Classification System (AASHTO M-145) and standard practice. 3.02.C Geotechnical Report – The geotechnical report will present the results of findings as typed boring logs and an overview of subsurface conditions as encountered in the test borings. The overview will include the pertinent soils data results of the laboratory analyses, water table elevation, rock depths (elevation), and specific recommendations needing to be brought to the attention of and considered by the consultant’s design engineer. 3.03 Basis of Design Report: The consultant shall prepare a Basis of Design Report (BODR) outlining the basis of design for the Project’s proposed improvements. This BODR will include, but not be limited to, the following: RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 9  Proposed Project phasing for construction  Proposed stormwater quality treatment concepts to be utilized  Proposed stormwater quantity attenuation concepts to be utilized  Proposed sanitary sewer lay out and hydraulics to be confirmed from the 2006 MSPCUA  Proposed standards and specifications to be used for the Project components designs and construction o Technical specifications will be based on the 16-Division format of the Construction Specifications Institute (CSI) in MS Word format. In addition to technical specifications, the engineer will coordinate with the County to develop the necessary General Conditions, Supplemental Conditions, and Special Provisions Specifications specifically for the Project. Standard City of Naples Utility Department Specifications may be used for reference but the engineer shall not rely on them as a replacement for sound engineering judgment and responsibility. 3.04 Plans Preparation: The proposal will demonstrate the consultant’s ability to prepare plans sets for permitting and construction purposes to include, but not limited to the following: 3.04.A Base Map – Consultant shall prepare a base map using survey information obtained in Task 3.01. The intent is for the County to provide the imagery available from the Collier County Property Appraiser (2016 or later). The base map will show existing topographic features in a format suitable for preparation of plan and profile sheets. 3.04.B Utility Coordination – Consultant shall coordinate with utility service providers to identify potential conflicts with all proposed improvements (stormwater, sanitary sewer, potable water, roadway, etc.). 3.04.C 30% Design Plans – Consultant shall prepare 30% design plans for the Project that depict existing topographical features, existing right-of-way and easement lines, and plan views of proposed stormwater treatment facilities, stormwater conveyance facilities, gravity sewers, pump stations and force mains and contain, but are not limited to, the following:  Cover Sheet  Proposed typical section(s)  Existing/proposed corridor plan of proposed stormwater improvements and alignments, including major connection points and major conflicts  Existing/proposed corridor plan of proposed gravity sewer and force main alignments, including pump stations, major connection points and major conflicts  Engineer’s order of magnitude Opinion of Probable Cost (OPC) shall be prepared for the cost of constructing the Project. The OPC shall distinguish the Project’s costs associated with the stormwater components from the costs associated with the sanitary sewer components. 3.04.D 60% Design Plans – Consultant shall prepare 60% design plans for the Project that depict existing topographical features, existing right-of-way and easement lines, existing utilities and stormwater components, proposed right-of-way and easement lines, RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 10 plan and profile of proposed stormwater facilities, gravity sewers, pump station(s) and force main details and contain, but not limited to the following:  Cover Sheet, Index and Key Map  Plan and profile view of proposed stormwater treatment and conveyance facilities, gravity sewer and force main alignments, and pump station locations  Demolition plan  Operational contingency plan  Pump station design  Proposed details for stormwater treatment and conveyance components  Proposed details for gravity sewers, force mains and pump station(s)  Locations of proposed additional rights-of-way and/or easements  Project design component specifications  Engineer’s OPC based upon the 60% plans shall be prepared for the cost of constructing the Project. The OPC shall distinguish the Project’s costs associated with the stormwater components from the costs associated with the sanitary sewer components. 3.04.E 90% Detailed Design Plans – Consultant shall prepare 90% design plans for the Project that depict existing topographical features, existing right-of-way and easement lines, existing utilities and stormwater components, proposed right -of-way and easement lines, plan and profile of proposed stormwater facilities, gravity sewers, pump station(s) and force main details and contain, but not limited to the following:  Cover Sheet, Index and Key Map  Plan and profile sheets of proposed stormwater treatment and conveyance facilities, gravity sewers and force mains, and pump station(s)  Demolition plan  Operational contingency plan  Pump station design  Proposed details for stormwater treatment and conveyance components  Proposed details for gravity sewers, force mains and pump station(s)  Locations, along with legal descriptions and sketches, of proposed additional rights-of-way and/or easements  Project design component specifications  Engineer’s OPC based upon the 90% plans shall be prepared for the cost of constructing the Project. The OPC shall distinguish the Project’s costs associated with the stormwater components from the costs associated with the sanitary sewer components. 3.04.F 100% Construction Documents – Consultant shall prepare 100% construction documents for the Project that address revisions to incorporate permit conditions from permit agencies and contain, but are not limited to, the following:  Assistance with Technical Specifications and Bid Documents – The consultant will assist the County with preparation of technical specifications and bid documents. The consultant will review the documents prepared by the County and provide assistance with supplemental conditions, if appropriate.  Delivered Plans – The consultant will deliver the requested number of signed and sealed construction plans to the County for the County’s record, along with RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 11 requested sets of plans as needed for bid document distribution. Additionally, the construction plans shall be delivered to the County in electronic formats (DWG and PDF). Task 4 – Permitting The proposal will identify the consultant’s abilities and experience in the permitting of stormwater systems for neighborhood streets and sanitary sewer collection systems. The consultant will be responsible for preparing and submitting all required applications and other supportive information necessary to assist the County in obtaining all reviews, approvals and permits, with respect to the consultant’s design, drawings and specifications required by any governmental body having authority over the Project. The proposal will describe activities and provide examples that include, but not limited to the following:  South Florida Water Management District (SFWMD) environmental resource permit (ERP) o Prepare a preliminary stormwater design concept drawing and present it to the South Florida Water Management District (SFWMD) in a pre-application meeting to determine if a SFWMD environmental resource permit (ERP) will be required. If the SFWMD determines that the ERP is required, the consultant will be responsible for preparation of the permit application, including all drawings, specifications and supporting backup information. Respond to all requests for additional (RAI) from the SFWMD. All permit fees will be paid by the County.  Florida Department of Environmental Protection (FDEP) sanitary sewer and potable water facilities construction permit o Prepare a permit application for submittal to the Florida Department of Environmental Protection (FDEP) and provide backup documentation including drawings and specifications for each lift station site and all other portions of the sanitary sewer and potable water project. Respond to requests for additional information (RAI) from the FDEP. All permit fees will be paid by the County.  Collier County right-of-way permit o Prepare applications for Right-of-Way permits, Insubstantial Change to a Site Improvement Plan when required from Collier County Growth Management Department and respond to requests for additional information. Prepare all other required permit applications. Permitting fees will be paid by the County. Task 5 – Post Design Services The proposal will identify the consultant’s abilities and experience in assisting client with post design services that include, but are not necessarily limited to, bid preparation and evaluation, contractor recommendation, and construction observation. The proposal will describe activities and provide examples that include, but not limited to the following: 5.01 Bid Preparation: The proposal will demonstrate the consultant’s abilities and experience to assist in the construction bidding process to include, but not necessarily be limited to the following:  Attend and participate in scheduling and presenting a pre-bid conference (meeting).  Assist in preparing addenda, as required, to interpret, clarify, or expand the bidding documents. RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 12  Attend the bid opening, review and evaluate the bids received and provide written recommendations for consideration in the bid award.  Consult with and advise the County as to the acceptability of the contractor and subcontractors, suppliers and other persons and organizations proposed by the prime contractor for those portions of the work as to which such acceptability is required by the bidding documents.  Consult with the County concerning, and determine the acceptability of, substitute material and equipment proposed by the contractor when substitution prior to the award of contracts is allowed by the bidding documents. 5.02 Construction Observation and Support [Note: This phase is not referring to Construction, Engineering, and Inspection (CEI) Services. CEI responsibilities will be handled separately by the County and City and may or may not involve the use of a separate firm.] The proposal will identify the consultant’s abilities and experience, as engineer of record, in assisting client with construction observation and support services. The proposal will describe activities and provide examples that may include, but not be limited to, the following 5.02.A General Administration of Construction Contract – The consultant will consult with and advise the County regarding activities and issues that may arise during construction of the Project, and may be authorized by the County to act as the County’s representative as may be provided in the Standard General Conditions of the construction contract documents. 5.02.B Site Visits and Observation of Construction – In connection with observations of the work of the contractor while the Project construction is in progress, the consultant will make visits to the site at intervals appropriate to the various stages of construction, as mutually agreed by the County and consultant, in order to observe as a design professional the general progress and quality of the various aspects of the contractor’s work. Such visits and observations are not intended to be exhaustive or to extend to every aspect of the work in progress, or to involve detailed inspections of the work. Based upon information obtained during such site visits and observations, the consultant will endeavor to determine in general if such work is proceeding in accordance with the design concept and the design information shown in the construction contract documents. The consultant will keep the County informed of the progress of such work. 5.02.C Clarifications and Interpretations for Work Change Directives/Change Orders – The consultant will consult with the County on the need to issue necessary clarifications and interpretations of the construction contract documents as appropriate for the orderly completion of the work. Such clarifications and interpretations will be consistent with the intent of, and reasonably inferable from, the construction contract documents. The consultant will advise the County on the need or recommendation to issue work change directives and/or change orders authorizing minor variations from the requirements of the construction contract documents. 5.02.D Shop Drawings – The consultant will review and approve (or take other appropriate action in respect of) shop drawings and samples and other data which the contractor is required to submit, but only for conformance with the design information provided in the construction plans, technical specifications and/or construction contract RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 13 documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the construction contract documents. Such reviews and approvals, or other action, will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. This review will not include review of the accuracy or completeness of details such as quantities, fabrication processes, construction means or methods, coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility of the contractor. Review of a specific item will not indicate the consultant has reviewed the entire assembly of which the item is a component. The consultant will not be responsible for any deviations from the construction contract documents not brought to the attention of the consultant in writing by the contractor. The consultant will not be required to review partial submissions or those for which submissions of correlated items have not been received.  The consultant shall provide the County with written approval (or other appropriate action as needed) of shop drawings, samples, and other data submitted for review by the contractor. The County makes the ultimate determination of acceptance or other appropriate action.  The consultant shall provide the County written recommendations on the evaluation and acceptability of substitute or “or-equal” materials and equipment proposed by the contractor. The County makes the ultimate determination of acceptance or other appropriate action. 5.02.E Inspections and Tests – The consultant may require and observe special inspections or tests of the work and shall receive and review all certificates of inspections, tests and approvals required by laws, rules, regulations, ordinances, codes, orders, or the construction contract documents. The consultant’s review of such certificates will be for the purpose of determining that the results certified indicate compliance with the construction contract documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests or approvals comply with the requirements of the construction contract documents. The consultant will be entitled to rely on the results of such tests. 5.02.F Applications for Payment – Based upon the consultant’s on-site observations as an experienced and qualified design professional, and upon review the applications for payment and the accompanying data and schedules, the consultant shall make a written recommendation to the County on the amounts that the contractor should be paid. 5.02.G Contractor’s Completion Documents – The consultant will receive, review and transmit to the County with written comments the maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the construction contract documents, certificates of inspection, tests and approvals, and marked up record documents (including shop drawings, samples and marked-up record drawings) which are to be assembled by the contractor in accordance with the construction contract documents to obtain final payment. The consultant’s review of such documents will only be to determine generally to the best of the consultant’s knowledge, information and belief that their content complies with the requirements of (and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with) the construction contract documents. 5.02.H Substantial Completion – Following notice from the contractor that the contractor considers the entire work ready for its intended use, the consultant and RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 14 County, accompanied by the contractor, shall conduct an inspection to determine if the work is substantially complete. If, after discussing all identified issues of possible objection with the County, the consultant considers the work substantially complete to the best of the consultant’s knowledge, information, and belief per the conditions above, the consultant shall deliver a certificate of substantial completion to the County. 5.02.I Final Notice of Acceptability of the Work – The consultant shall conduct a final inspection with the County to determine if the completed work of the contractor is acceptable so that the consultant may recommend to the County, in writing, final payment to the contractor. Accompanying the recommendation for final payment, the consultant shall also provide a notice that the work is acceptable (subject to the provisions of the preceding paragraphs) to the best of the consultant’s knowledge, information and belief and based on and limited to the extent of the services performed and furnished by the consultant under the consultant’s agreement with the County. 5.02.J Record Drawings – The consultant, as engineer of record, will prepare record drawings based upon measurements and information he has obtained through proper surveying and measurement methods during the course of construction, and not relying solely on information provided by the contractor. 5.02.K Project Certification – The consultant will prepare the appropriate documentation to certify project completion to the various permitting agencies and submit request to place into service to the FDEP. Term of Contract The contract shall commence at issuance of the Notice to Proceed and run until the completion of project. 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 February 9, 2017 Last Date for Receipt of Written Questions February 24, 2017 @ 3:00PM Addendum Issued Resulting from Written Questions March 3, 2017 Solicitation Deadline Date and Time March 10, 2017 @ 3:00PM Anticipated Evaluation of Submittals March 2017 Consultant Presentations if Required 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. RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 15 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, Cover Letter / Management Summary (5 Points Max) In this tab, include: :  Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein.  Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Consultant's certification that the Consultant will accept any awards as a result of this RFP. 2. Tab II, Business Plan (25 Points Max) In this tab, include:  Detailed plan of approach (including major tasks and sub-tasks).  Task 2 – Preliminary Design report as identified in the above Detailed Scope of Work  Detailed time line for completion of the project.  Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference. 3. Tab III, Experience and Capacity of Firm (45 Points Max) In this tab, include:  Provide information that documents Consultant’s and sub-consultants/sub- contractors qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. As a part of this information, the proposer will address the various matters included in the Detailed Scope of Work above.  Provide details of risks that may be associated with the project and how the firm may overcome those risks.  Provide details of unique benefits that the firm offers on this project. RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 16  Provide three (3) completed reference forms from clients whose projects are of a similar nature to this solicitation as part of this proposal.  Provide current list of projects (or projects completed within the previous five (5) years) in the format identified below. Specifically describe the type of participation of each entity (prime or sub), specifically what work each entity did for the project(s), identify if the currently proposed staff worked or are working on the project(s) and specifically what work they did or are doing. 4. Tab IV, Specialized Expertise of Team Members (25 Points Max) In this tab, include:  Description of the proposed contract team and the role to be played by each member of the proposed team.  Describe the various team members’ successful experience in working with one another on previous projects.  Attach resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services.  Attach resumes of any sub-consultants. If sub-consultants are being utilized, letters of intent from stated sub-consultants must be included with proposal submission. 5. Tab V, Acceptance of Conditions Exceptions taken by a Consultant may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee.  Tab VII, Required Form Submittals  Attachment 2: Consultant Checklist  Attachment 3: Conflict of Interest Affidavit  Attachment 4: 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  Licenses, certifications and other necessary information materials to thoroughly document the consultant and sub-consultant(s)/sub-contractor(s) are legally and professionally qualified to perform the required work identified in this proposal. RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 17 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. 6. Delivery of Proposals All proposals are to be submitted electronically on the County’s online bidding system: www.colliergov.net/bid before 3:00PM, Naples local time, on or before March 10, 2017. RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 18 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 receipt closing date for the proposals, the Procurement professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RFP. 4. Selection committee meetings will be open to the public and the Procurement professional will publicly post prior notice of such meeting(s) in the lobby of the Procurement Services Division Building and on the County’s Procurement Services Internet site. 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 and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. 6. By final consensus, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will create a final ranking and staff will subsequently enter into negotiations. Award of the contract 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, addendums, and/or amendments as it may RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 19 deem appropriate, including, but not limited, to requesting supplemental proposal information. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Consultant nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances may not be considered. 10. References The County reserves the right to contact any and all references submitted as a result of this solicitation. 11. Proposal Selection Committee and Evaluation Factors The County Manager or designee will appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab I, Cover Letter / Management Summary 5 Points max Tab II, Business Plan 25 Points max Tab III, Experience and Capacity of the Firm 45 Points max Tab IV, Specialized Expertise of Team Members 25 Points max TOTAL 100 Points Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the Consultant (as obtained from the County’s financial system) within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the Consultant, subject to verification at the County’s option. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and Collier County. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Consultant, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Consultant or to re-advertise using the same or revised documentation, at its sole discretion. 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 RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 20 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. RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 21 Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 2. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY’S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 3. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR’S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non-conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR’S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act,” and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet 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. RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 22 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY’S name or other identifying marks or property without the prior written consent of the COUNTY’S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 11. Warranty of Non-Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY’S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non-infringing, (without any material degradation in 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 RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 23 prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective 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. RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 24 Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance and Bonding Requirements The Consultant shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Consultant shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Consultant waive against each other and the County’s separate Consultants, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Consultant and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Consultants, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Consultant under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County.The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Consultant has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Consultant must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Consultant’s sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Consultant and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Consultant. The Consultant shall also notify the County, in a like manner, within twenty-four (24) hours after RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 25 receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant hereunder, Consultant shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 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. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Consultant shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 26 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Consultant. The County’s project manager, shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 7. 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 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. 8. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include:  Purchase Order Number  Description and quantities of the goods or services provided per instructions on the County’s purchase order or contract. RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 27 Invoices shall be sent to: Board of County Commissioners Clerk’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk@collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include:  Traditional – payment by check, wire transfer or other cash equivalent.  Standard – payment by purchasing card. Collier County’s Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County’s credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an “Additional Cash Discount.” Upon execution of the Contract and completion of each month’s work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices 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 t o 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. RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 28 9. Environmental Health and Safety All Consultants and Sub Consultants performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Consultants and Sub Consultants shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Consultant’s work operations. This provision is non-negotiable by any department and/or Consultant. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 10. 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. 11. Survivability Bids (ITBs/RFPs): The Consultant agrees that any Purchase Order that extends beyond the expiration date of Solicitation 17-7103 West G Road Joint Stormwater-Sewer Project resultant 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. 12. 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 RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 29 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. 13. 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. 14. 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 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. 15. 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. 16. Certificate of Authority to Conduct Business in the State of Florida (FL Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 17. 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 RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 30 submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. In addition, consultants that have participated and/or will participate in the development of scope, background information or oversight functions on this project are precluded from submitting a Proposal as either a prime or sub- consultant. 18. 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. 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 protes t. A copy of the "Protest Policy" is available at the office of the Procurement Director. 19. 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. 20. 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 RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 31 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.. 21. 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. 22. 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. 23. 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 RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 32 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 Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 33 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 CCNA Solicitation 17-7103 West G Road Joint Stormwater-Sewer Project for the following reason(s): Services requested not available through our company. Our firm could not meet specifications/scope of work. Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) Project is too small. Insufficient time allowed for preparation of response. Incorrect address used. Please correct mailing address: Other reason(s): Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name: _____________________________________ Date _____________ RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 34 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 ___________ RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 35 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: 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project does not pose an organizational conflict as described by one of the three categories below: Biased ground rules – The firm has not set the “ground rules” for affiliated past or current Collier County project identified above (e.g., writing a procurement’s statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity – The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor’s ability to render impartial advice to the government. Unequal access to information – The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor / 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 Expira tion RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 36 Attachment 4: Consultant Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation: 17-7103 West G Road Joint Stormwater-Sewer Project 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 [and sub-consultant(s)/sub-contractor(s) team members if applicable] agrees that if awarded a contract for these services, the consultant and team members will not be eligible to compete, submit a proposal, be awarded, or perform as a sub-consultant for any future CEI 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 _____________, 20__ in the County of _______________, in the State of _____________. Firm’s Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Telephone: FAX: Signature by: (Typed and written) Title: RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 37 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: RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 38 Attachment 5: Immigration Affidavit Certification CCNA Solicitation: 17-7103 West G Road Joint Stormwater-Sewer Project 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. RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 39 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 (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name ________________________________________________________________________________ (as shown on income tax return) Business Name ________________________________________________________________________________ (if different from taxpayer name) Address ____________________________________ 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 ________________________ RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 40 . 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 Inju ry Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all lia bilities, 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 $ 1,000,000 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 RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 41 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 finan cial 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 2/3/2017 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 _________________ RFP CCNA Template_11032016 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 42 Attachment 8: Reference Questionnaire Solicitation: 17-7103 West Goodlette Frank Road Joint Stormwater-Sewer Project 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 ________________ Addendum 1 Date: February 27, 2017 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 Solicitation # and Title 17-7103 West Goodlette Frank Road Joint Stromwater- Sewer Project This Addendum is solely to add a field on the online bidding system to allow proposals to be loaded into the system. There is no change being made on the solicitation through this addendum. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. C: Robert Wiley, Principal Project Manager Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) Email: evelyncolon@colliergov.net Telephone: (239) 252-2667 FAX: (239) 252-2810 Date: April 11, 2017 COACT COUVIty Administrative Services Department Procurement Seivices DMsion Notice of Recommended Award Solicitation : 17-7103 Title: West Goodlette Frank Road Joint Stormwater-Sewer'Project Due Date and Time: April 7, 2017 @ 10:30AM Respondents: Company Name City County State Final Ranking Responsive/Responsible Q. Grady Minor & Associates, P.A. Bonita Springs - Lee FI 1 Yes Johnson Engineering, Inc. Fort Myers Lee FI 2 Yes Stantec Consulting Services, Inc. Naples Collier FI 3 Yes Utilized .Local Vendor Preference:, Yesn No Recommended Vendor(s) For Award: Staff recommends award to Q. Grady Minor & Associates, P.A. as the number one ranked firm. Required Signatures Project Manager: Robert Wiley�i$+�`- il,,„ Procurement Strategist: Evelyn Colon 7'a -l'" , ( P re /nt§,�rvices Dir tor: . Coyman Jr. EclwarNDate Contract # 17-7103 "West Goodlette Frank Road Joint Stormwater-Sewer Project" 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 Q. Grady Minor & Associates, P.A., authorized to do business in the State of Florida, whose business address is 3800 Via Del Rey, Bonita Springs, Florida 34134 (hereinafter referred to as the "CONSULTANT' and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Design and Other Related Services of the CONSULTANT concerning West Goodlette Frank Road Joint Stormwater- Sewer Project (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: Contract # 17-7103 'West Goodlette Frank Road Joint Stormwaler-Sewer Project' Q. Grady Minor 8 Associates, P.A. ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional and Other Related 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 Justin Frederiksen, 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 z X40 Contract # 17-7103 'West Goodlette Frank Road Joint Stormwater-Sewer Project' Q. Grady Minor 8 Associates, P.A. whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER, 1.7, The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including 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: 0•1'a 3 Contract # 17-7103 'West Goodlette Frank Road Joint Stormwaler-Sewer Project* Q. Grady Minor & Assmales. P.A. 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. E?4 Contract M 17-7103 "West Goodlette Frank Road Joint Stormwater-Sewer Project' G. Grady Minor & Associates, P.A. 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 $ Contract 4 17-7103 "West Goodlette Frank Road Joint Stormwater-Sewer Project" OBJ Q Grady Minor & Associates, P.A. 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 2.1. 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 Contract # 17-7103 -West Goodlette Frank Road Joint Stormwater-Sewer P % G. Grady Minor & Associates, 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: 2.2. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project 2.3. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.4. Providing renderings or models for OWNER'S use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic 7 O Contract # 17-7103 "west Goodlette Frank Road Joint Stormwater-Sewer Project" G. Grady Minor & Associates, P.A. evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.7. 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. 2.8. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.9. 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). 2.10. 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 8 fib- � Contract # 17-7103 "West Goodlette Frank Road Joint Stormwater-Sewer Projec _ Q. Grady Minor & Associates, P.A. 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. Contract N 17-7103 "West Gootllette Frank Road Joint Stormwater-Sewer Pr e�;,f G. Grady Minor & Associates, .A, 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 to /(i N. Contract R 17-7103 "West Goodlette Frank Road Joint Stormwater-Sewer Project' �, J% Q. Grady Minor 8 Associates, P A. '_ reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5. In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the Consultant; and, as a business practice there are no hourly or material invoices presented, rather, the Consultant must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the Consultant 's employees and subcontractors to perform the work (number of ' I Contract # 17-7103 'West Goodlette Frank Road Joint Stormwater-Sewer Project/' G. Grady Minor & Associates, P. y P, 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 additions to or remodeling, replacement or renovations of the Project. CONSULTANT also 12 Contract # 17-7103 "West Goodlette Frank Road Joint Storrnwater-Sewer Projece, t G. Grady Minor & Associates. P 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 Contract i 17-7103 "West Goodiette Frank Road Joint Stornwater-Sewer Project'G G. Grady Minor & Associates, P.A. 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 Contract 8 17-7103 'West Goodlette Frank Road Joint Stoonwater-Sewer Project' Gam. G. Grady Minor & Associates, P A �i 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. js co, Contract # 17-7103 "West Goodlette Frank Road Joint Stormwater-Sewer Project U/ 0. Grady Minor & Associates, P.A. 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 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. 16 Contract # 17-7103 "West Gcodlette Frank Road Joint Stormwater-Sewer Project rU G. Grady Minor & Associates, P.A. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the 17 0 Contract # 17-7103 *West Goodlette Frank Road Joint Stormwater-Sewer Project' V Q. Grady Minor 8 Associates, P.A. 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 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 js wContract # 17-7103 "West Goodlette Frank Road Joint Sto"water-Sewer Project' C. Grady Minor & Associates, P.A. 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 shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. 19 c , Contract # 17-7103 "West Goodlette Frank Road Joint Stormwater-Sewer Prol V G. Grady Minor & Associates, P.A. 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 Collier County Florida c/o Growth Management Division Capital Project Planning, Impact Fees and Program Management 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 Attention: Robert Wiley, Principal Project Manager Telephone: 239-252-2322 Email: robe rtwilev(a)colIiergov.net 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: 20 Contract # 177103 `West Goodlette Frank Road Joint Stormwater-Sewer Project' _ U G. Grady Minor & Associates, P.A. Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Phone: 239-947-1144 Attention: Justin Frederiksen, PE: Email *frederiksen(a)gradyminoccom 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. 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 21 O� Contract # 17-7103 'West Goodlette Frank Road Joint Storrnwater-Sewer Proje V 0. Grady Minor & Associates, P.A. 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 RFP # 17-7103 Terms and Conditions Consultant's Proposal ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be r✓ 22 Contract # 17-7103 "West Goodletle Frank Road Joint Stormwater-Sewer ProjecC' Q. Grady Minor & Associates, P.A. 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 person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." 023 Contract M 17-7103 "West Goodlette Frank Road Joint Sto"water-Sewer Project' Q. Grady Minor & Associates, P.A. ARTICLE TWENTY DISPUTE RESOLUTION 20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of 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 provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. 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. 24 G �o Contract # 17-7103 'West Goodlette Frank Road Joint Stormwaler-Sewer Projecr Q. Grady Minor & Associates. P.A. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Design and Other Related Services the day and year first written above. ►,111r*1r Dwight E. Brock, GJerk 0 Date: Approved as to Form and Legality: Assistant County Attorney Name Name and Title BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, By: Penny Taylor, Chairman T ,5 Contract M 17-7103 -West Goodlette Frank Road Joint Stormwater-Sewer Project' G. Grady Minor 8 Associates, P SCHEDULE A SCOPE OF SERVICES Collier County's Board of County Commission (BOCC) and the City of Naples City Council have entered into an interlocal agreement to improve the West G -F Road project area's stormwater attenuation and treatment; expand the City's wastewater system; and improve the City's water service. In general, the West G -F Road Project involves the design of County -owned roadside drainage system and City of Naples (City) owned sanitary sewer throughout the entire project area, a linear distance of approximately 20,000 feet, and the City's potable water systems in select regions of the project area, a linear distance of approximately 4,500 feet. Additionally, as part of the proposed sanitary sewer system, two pump stations will be designed and the complete rebuilding of the affected roadways will be designed. As understood, the West G -F Road project's design needs to be complete and ready for construction advertisement by January 2018. GradyMinor in general proposes to provide the following professional services related to West G -F Road Improvements project: • Attend and assist County and City staff with progress meetings. • Public relations assistance including attending public information meetings with County and City staff and the preparation of graphics/exhibits. • Project management through bidding. • Subsurface investigation of underground utilities. • Geotechnical investigation. Land surveying. • Basis of design report. • Engineering design of the proposed improvements. o Engineering drawing shall generally include cover sheet, index, key map, and general note sheets, civil/site plans (for utility infrastructure and drainage improvements), including plan and profile views and typical sections, as required; demolition/removal plan, and detail sheets. o The technical specification shall generally include the County/City Standard Bidding and Construction documents, County/City Standard Technical Specifications, Supplemental Technical Specifications (as required), bid form; and measurement and payment. • Permitting assistance (Potable Water, Wastewater, Stormwater, Dewatering, ROW) • Bidding assistance. • Construction Administration. • As -built survey. We propose the following Scope of Services for this project: Task No. 1 — Infrastructure Identification • Conduct an Engineering Survey for the West G -F Road Improvements project, a linear distance of approximately 20,000 feet. • Identify Right -of -Way (ROW) limits, platted property comers, edge of pavement, driveways (size and material of construction), sidewalks, fences, vegetation, significant improvements in the ROW, culverts and storm structures (with size, material and invert depths), sanitary sewer structures (invert depths), visible above ground utility features (including flow meters and backflow assemblies), and topographic data. A-1 Contract # 17-7103 'West Goodlette Frank Road Joint Stormwater-Sewer Project' G. Grady Minor & Associates, PP • Establish survey control and benchmarks to be utilized during the construction of the improvements. • The vertical datum shall be North American Vertical Datum (NAVD 88). • Sunshine811 coordination to have public and private utilities located prior to performing the field survey. • Prepare up to twelve (12) sketch and legal descriptions for the County or City Utility Easements if necessary. Task No. 1a — Subsurface Utility Excavation Subsurface utility excavation at strategic points along the existing water mains to verify the location (horizontal and vertical), size and material of the existing water mains for the West G -F Road Improvements project. This proposal includes soft digs at each intersection and at the midblock locations of the easUwest roadways for a total of thirty-six (36) soft digs. GradyMinor will utilize Earth View for subsurface utility excavation. Task No. 1 b — Geotechnical Investigation Geotechnical investigations and analysis for the design preparation of construction plans for the West G -F Road Improvements project. A report shall be prepared with recommendations and pertinent soils data, including water table, rock depth, roadway data, along with geotechnical information for the pump stations and shall be submitted to the County and City for its record. Geotechnical investigations shall include: • Standard penetration tests (SPT) borings advanced to a depth of twenty (20) feet at approximately 300 -foot centers and one at each of the proposed pump stations sites to a depth of thirty (30) feet. The SPT borings will be located as close as reasonably feasible to the proposed gravity sewer main alignment and pump station locations. Borings will be backfilled with neat cement and then plugged with asphaltic concrete if in the street. • Representative samples obtained during the SPT borings will be examined to obtain accurate descriptions of the existing strata. Laboratory testing will be performed on selected samples as deemed necessary to aid in soil classification and to further define the engineering properties of the encountered materials. The soil descriptions will be based on the visual classifications procedures in general accordance to the AASHTO Soil Classification System (AASHTO M-145) and standard practice. GradyMinor will utilize Forge Engineering for Geotechnical Investigation. Task No. 2 — Basis of Design Report (30% Design) GradyMinor shall prepare a Basis of Design Report (BODR) outlining the basis of design for the Project's proposed improvements including, but not be limited to, the following: • Proposed project phasing for construction, with sketches, and proposed maintenance of traffic concepts. • Proposed easements. • Proposed ROW and roadway restoration concepts, with proposed typical details and cross sections. Proposed typical sections will include anticipated future improvements, as provided by the County (5' sidewalk for example). • Proposed sanitary sewer lay out (plan view only), including proposed pump stations, and preliminary hydraulics calculations. City of Naples shall provide GradyMinor the City's current Wastewater Master Plan and water meter data within the project area to assist with hydraulic calculations. A-2 Contract # 17-7103 'West Goodiette Frank Road Joint Stormwater-Sewer Project' 0, Grady Minor & Associates, P. ONJ, _J • Proposed water system improvements lay out (plan view only) and preliminary hydraulics calculations. • Proposed standards and specifications to be used for the project components designs and construction, including known proposed deviations from County and City standard specifications and details. • Preliminary Opinion of Probable Construction Costs for the proposed improvements. • Proposed stormwater quality treatment concepts to be utilized. • Proposed stormwater quantity attenuation concepts to be utilized. • Proposed drainage and stormwater management concepts to be utilized and lay out (plan view only). • Model the stormwater system for flow characteristics, level of service, and water quality enhancement (utilizing ICPR4, Bentley StormCAD, and Harvey Harper) including the following: • Existing Conditions Analysis Development o Using LIDAR data and GIS processing to establish flow paths and sub -basin delineation. o GIS processing to establish stage/storage relationships and other in -basin parameters that control runoff. o Definition of link/node network and compilation of structure data to be included in the analysis. o Initial analysis runs to troubleshoot and verify that it is numerically stable. o Analysis verification against known flood elevations, if available. • Model design storms with return frequencies of 5, 10, and 25 years and produce inundation maps in GIS. These will be used to define the predicted extent of flooding in the study area. From these analyses we will be able to state the depth of water over the flooded streets during the storm events and compare that to the County Level of Service criteria. ■ Analysis for proposed conditions (scenarios). • Estimate nutrient removal. o Use GIS processing to calculate pollutant load by land use type and sub -basin for the existing conditions analysis. o Evaluate nutrient removal for proposed conditions. • Present pre and post conditions evaluation development and results, for scenario evaluations, and for water quality evaluation. Pre and post condition analysis will include a description of the expected benefits as a result of the proposed improvements compared to the existing conditions (for each scenario). • The stormwater hydraulic modeling analysis will include the entire West G -F Road Project area, through the West G -F Road Project outfalls, to Freedom Park. The analysis outside the limits of the West G -F Road Project assumes Collier County will provide GradyMinor current hydraulic analysis data/reports of the Goodlette Frank Road Ditch and Freedom Park. A draft of the BODR will be provided to the County and City for review. GradyMinor will meet with the County and City to review the BODR and receive comments. Following the County and City's review, GradyMinor will finalize the BODR and provide copies (electronic and with three (3) signed and sealed originals) to the County and City. A-3 Contract # 17-7103 'West Goodlette Frank Road Joint Sto"water-Sewer Projecr O Q. Grady Minor & Associates, P.A. Q�J Task No. 3 —Design 60% Design • Meet with County and City staff to review the proposed project and project requirements. • Coordinate with the County, City, and private utilities in the vicinity of the project. • Prepare 60% plans (plan and profile) based on BODR, meetings with the County and City, Infrastructure Identification (Task No. 1), the review of the existing utilities, and the preliminary engineering work. • Prepare supplemental specification, bid schedule, measurement and payment section, supplemental requirement section, and project description. • Coordinate the 60% plans with public and private utility providers as necessary. • Perform a thorough project walk through to ensure existing conditions are accurately depicted and noted on the 60% plans. • Submit electronic copies of the plans and supplemental specifications to the County and City (with hard copies if desired) for review. • Prepare and submit to the County and City a Preliminary Opinion of Probable Project Cost based on the 60% design. • Conduct a 60% plan review meeting to discuss the plans and specifications and receive comments. 90% Design • Upon receipt of 60% review comments from the County, City, and public and private utility providers, update the plans and supplemental specifications. Is Coordinate the 90% plans with public and private utility providers as necessary. • Perform a thorough project walk through to ensure the existing conditions are accurately depicted and noted on the 90% plans. • Conduct an in-house QA/QC review of the 90% design plans. • Submit electronic copies of the plans to County and City (with hard copies if desired) for review. • Update and submit to the County and City supplemental specifications including a bid schedule, measurement and payment section, supplemental requirement section, and project description. • Prepare and submit to the County a Preliminary Opinion of Probable Project Cost based on the 90% design. • Conduct a 90% plan review meeting to discuss the plans and receive comments. Final Design • Upon receipt of the 90% review and permitting comments, finalize the plans and supplemental specifications for bidding and subsequent construction. o Stormwater modeling will be updated at final design to verify modeling components match with the proposed final design. • The County and City Standard Bidding and Construction documents and Technical Specifications will be utilized for this project. • Provide electronic copies to County/City for bidding (with three (3) signed and sealed originals). • Prepare an Opinion of Probable Project Cost based on the final design. A-4 Contract # 17-7103 'West Goodlette Frank Road Joint Stomwater-Sewer Project* G. Grady Minor & Associates, P.A. Task No. 4 — Permitting Florida Department of Environmental Protection (FDEP) drinking water and wastewater permits; South Florida Water Management District (SFWMD) Notice General or Individual permit and dewatering permit; and a Collier County ROW permit will be required for this project. For the FDEP drinking water and wastewater permits, SFWMD Notice General/Individual, and Collier County ROW permits, Grady Minor will perform the following: • Schedule and attend pre -application meetings with regulatory agencies. • Prepare the required permit application and supporting documentation. • Coordinate with the County and City as necessary. • Submit the applications to the appropriate regulatory agencies. Fees will be paid for by the County/City as reimbursable items. • Respond to agency requests for additional information. Task 4A - Dewatering (Multi-year) Permit The West G -F Road project will require dewatering during construction of deep utilities (stormwater, sewer lines and pump stations). GradyMinor proposes to submit an application for a Multi -Year Dewatering Permit with a requested permit duration of three or more years. The Multi - Year permit provides approval for general dewatering specifications (depths, routing, offsite discharge provisions, storage, monitoring and testing protocols) as well as detailed dewatering plans for the phases of the project. Work elements will include the following: • Estimate hydraulic characteristics of the shallow water table based on the results of soil borings and existing data from nearby projects (from available public records). • Review lithologic logs from public records to determine the lithology of strata to be dewatered and the depth to confinement. • Review of available salinity data from in-house files and the public record to qualitatively evaluate potential saline water intrusion, if necessary. • Review existing water users of the water -table aquifer in the area of the project site from public records and in-house data. • Conduct site inspection of the project area to determine existing conditions. • Develop general procedures to address potential contaminated groundwater and/or organic odors in groundwater (such as hydrogen sulfide). • Develop engineering cross sections to determine maximum and average depths of excavation and dewatering. • Prepare dewatering details that identify areas to be dewatered, routing and storage of dewatering effluent, turbidity monitoring, and offsite discharge locations. • Assist in coordination with the County and City to obtain offsite discharge approval from the entity (or entities) that own the receiving water bodies. • Submit Generic Permit for Discharge of Ground Water from Dewatering Operations from the FDEP (see Task 46). • Prepare turbidity monitoring protocols for offsite discharge of dewatering effluent. • Prepare a preliminary water balance for pumpage, infiltration and water losses. • Attend meetings with the County, City, and SFWMD. • Prepare an application for a Multi -Year Dewatering Permit for submittal to the County, City, and the SFWMD. A-5 Contract # 17-7103 `West Goodlette Frank Road Joint Stormwater-Sewer Q. Grady Minor&Associat 6Tl Task 4b — Preparation of Notice of Intent (NOI) to use the Generic Permit for Discharge of Ground Water from Dewatering Operations Offsite discharge of produced groundwater requires submittal of a Notice of Intent (NOI) through the FDEP NPDES program. The NOI that will be signed by the Owner/Applicant requires certification that contaminants are not present in groundwater. We propose to prepare the NOI for Owner signature, prepare an application letter, and to submit the form to the FDEP. The application letter will include details regarding the dewatering plan, temporary storage/treatment of dewatering effluent for turbidity, the location of offsite discharge points, and a review of potential contaminated sites from FDEP databases. FDEP offsite discharge permits have a duration of 5 years. I ably+&. — L_11111LUU UFUUI IUW0LW I V*LI I R4 IVU i NULIGIV VI III LL:IIL 111 RGUU I rt:UI If potential contaminated sites are identified near proposed dewatering areas (associated with Task 4b), installation of temporary piezometer and limited groundwater testing for analysis of selected metals and petroleum constituents may be necessary to prevent potential contaminant migration. This work scope would include installation of a shallow well with hand tools, and collection of groundwater samples for analysis of lead, and selected constituents of gasoline, diesel, or dry-cleaning chemicals. Considering the size of the project area and the potential for contaminated facilities along the US41 commercial corridor, we recommend budgeting three (3) site -sampling events. This task does not include groundwater modeling, site testing, wetlands assessments, or ownership and authorization research. Task No. 5 —Bidding • Respond to Requests for Information during bidding process. • Attend the Pre -Bid Conference and provide written addenda (if needed). • Review submitted quotes and provide a written recommendation of award. Task No. 6 — Protect Management • Keep the County/City informed on the project progress. • Attend and assist County/City staff with progress meetings (estimate of 20 progress meeting). • Provide progress updates and status the phases of the project that are being executed at the time of the meeting. • Prepare and distribute progress meeting agendas within three days of the meeting. • Take and distribute meeting minutes. • Modify meeting minutes as necessary per input from the County and City. • Incorporate City and County direction/decisions made at the meeting into the Contract Documents as applicable. • Public relations assistance including public notifications, attending public information meetings with County/City staff, and the preparation of graphics/exhibits. Public relations is anticipated to begin at the 60% design stage. • Conduct a wet weather pre -construction video of the entire project site. The video will take place before the project is bid, during normal business hours and after a significant wet weather event, as agreed upon by GradyMinor and the County and City. The video will highlight the locations/addresses of existing ponding and flooding along the project. This proposal does not include the unnatural flooding (water truck) of the project site. A-6 Contract N 17-7103'West Goodlette Frank Road Joint Storrnwater-Sewer Proj � t Q. Grady Minor 8 Associates. P. - Task No. 7 — Construction Administration • Assist Collier County and the City of Naples as requested between the receipt of Bids and Construction Contract Notice to Proceed. • Attend a pre -construction meeting with the County, City, and the Contractor. • Attend a pre -construction neighborhood informational meeting. • Respond to requests for additional information from the Contractor. • Coordination with the County, City, and CEI consultant (if applicable) during construction. • Review Contractor submitted Shop Drawings. • Attend Construction Meetings. • Provide periodic observations during construction and at critical times, enough to certify the project complete. • Provide clarification of plans and construction documents or make minor changes due to field conditions. • Provide FDEP and SFWMD Completion Certifications, including partial clearances as required. • Prepare Record Drawings based on Contractor's mark-ups, redline as-builts, and Record Survey (Task No. 8 below). • Conduct Substantial Completion Inspection and review punch list items and make changes or additions as necessary. • Conduct Final Completion Inspection. • Provide Construction close-out documents. • Review and approve Contractor Pay Requests. • Provide assistance to resolve unforeseen conflicts. • Provide public relation services as requested by the County and the City. These may include additional neighborhood meetings; presentation document preparation; meetings with residents and key stakeholders, County/City, etc. • Keep the County and City informed on the project progress. • Provide progress updates and status of all phases of the project. • Incorporate County and City direction/decisions made into the Contract Documents as applicable. We have not included any resident or full time inspection, special threshold inspection, testing or surveying in this task. Task No. 8 — Construction As -Built Survey • As -built survey (horizontal and vertical) constructed improvements including, but not limited to, sanitary manholes, sanitary cleanouts; and stormwater structures, yard drains, piping, and outfalls; • Field locate constructed watermain and forcemain at locations of 3 -inch PVC riser blanks left by contractor to allow measurement of top of buried pipeline. Field locate above ground appurtenances such as fire hydrants, valve pads, meters and sample points. • As -built the newly constructed roadway with edge of pavement elevation at the high and low points along the roadway. • As -built the newly constructed roadside swales with top of bank and centerline swale elevations. • Process field measurements and prepare an as -built drawing depicting storm, sanitary, waterline, force main, and roadway as -built information. a 0 A-7 Contract # 17-7103 "West Goodlette Frank Road Joint Stormwaler-Sewer Project" Q. Grady Minor 8 Associates, P.A. SCHEDULE B BASIS OF COMPENSATION TIME AND MATERIAL 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then -authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no event shall such compensation exceed the amounts set forth in the table below. TASK DESCRIPTION NOT TO EXCEED AMOUNT: 1. Infrastructure Identification $183 116.00 2. Basis of Design Report $85,072.00 3. Design $311 493.00 4. Permitting $56,420.00 5. Bidding $9 782.00 6. Project Management $32.558.00 7. Construction Administration $TBT 8. Construction As -Built Survey $TBT 9. Not -to -Exceed Fee for Reimbursable Expenses 11Z,150.00 TOTAL FEE Total Items 1-9 $659,591.00 B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B. B.2.3. With each monthly Application for Payment, 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, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the Contract # 17-7103 'West Goodlette Frank Road Joint Stormwater-Sewer Projec Q. Grady Minor & Associates, P. O provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without OWNER'S prior written approval. B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed 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 this Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and Reimbursable Expenses earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices underthis agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and the Project name and shall not be submitted more than one time monthly. B.3.3. Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner has determined CONSULTANT has completed such task as of that particular monthly billing. B.3.4. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.5. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be Contract N 17-7103 'West Goodlette Frank Road Joint Stormwater-Sewer Projecty G. Grady Minor & Associates, P.A. O utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. 8.3.5.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: 8.3.5.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. 8.3.5.1.3. Permit Fees required by the Project. 13.3.5.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. 8.3.5.1.5 Expense of models for the County's use. B.3.5.1.6 Other items on request and approved in writing by the OWNER Contract # 17-7103 "West Goodiette Frank Road Joint Stormwater-Sewer Project' Oa7 Q. Grady Minor & Associates, P.A. Attachment SCHEDULE B CONSULTANT'S RATE SCHEDULE Title Principal Senior Project Manager Project Manager Senior Engineer Engineer Senior Inspector Inspector Senior Planner Planner Senior Designer Designer Senior GIS Specialist GIS Specialist Clerical/Administrative Senior Technician Technician Professional Surveyor and Mapper CADD Technician Survey Crew - 2 man Hourly Rate $206.00 $172.00 $147.00 $157.00 $123.00 $96.00 $76.00 $139.00 $110.00 $114.00 $94.00 $139.00 $102.00 $62.00 $85.00 $72.00 $120.00 $81.00 $130.00 O L.J Contract # 17-7103 'West Goodlette Frank Road Joint Stormwater-Sewer Project' Q. Grady Minor & Associates, P.A. Survey Crew - 3 man $161.00 Survey Crew - 4 man $189.00 Senior Architect $154.00 Architect $121.00 The above hourly rates are applicable to Time and Materials task(s) 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. oar Contract M 17-7103 "West Goodlette Frank Road Joint Stormwaler-Sewer Project' Q. Grady Minor & Associates, P A. SCHEDULE C PROJECT MILESTONE SCHEDULE cj o Contract # 17-7103 "West G000lette Frank Road Joint Slormwater-Sewer Project' Q. Grady Minor & Associates, P.A. Cumulative Number of Calendar Days Task For Completion D Description from Date of Notice to Proceed for Services under this Agreement 1 Infrastructure Identification 190 2 Basis of Design Report 190 3 Design 190 4 Permitting 1,095 5 Bidding 1,095 6 Project Management 1,095 7 Construction Administration TBD 8 Construction As -Built Survey TBD cj o Contract # 17-7103 "West G000lette Frank Road Joint Slormwater-Sewer Project' Q. Grady Minor & Associates, P.A. 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 shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in D-1 Contract # 17-7103 'West Goodlette Frank Road Joint Stormwater-Sewer Project' G. Grady Minor & Associates, P.A. 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. u-2 Contract # 17-7103 "West Goodlette Frank Road Joint Stormwater-Sewer Proj� G. Grady Minor 8 Associates, hk (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? _XYes 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 a� Contract # 17-7103 'West Goodlette Frank Road Joint Stormwater-Sewer Proje 0 � Q. Grady Minor & Associates, P.A. (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 C��! Contract # 17-7103 "West Goodlette Frank Road Joint Stormwater-Sewer Projec Q. Grady Minor & Associates, P.A. (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 Contract # 17-7103 "West Goodlette Frank Road Joint Stormwater-Sewer Project" Q. Grady Minor 8 Associates, P.A. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: 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. (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 D-6 Contract N 17-7103 "West Good lette Frank Road Joint Sto"water-Sewer Project" }`} o. Grady Minor & Associates, P A. C term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, D-7 1�,., ,�.� Contract # 17-7103 "West Goodlette Frank Road Joint Stormwater-Sewer Pro Q. Grady Minor & Associates, P.A. 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 0�� Contract # 17-7103 "West Goodlette Frank Road Joint Stormwater-Sewer Proje G. Grady Minor & Associates, P.A. SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Q. Grady Minor & Associates, P.A. 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 West Goodlette Frank Road Joint Stormwater-Sewer Project are accurate, complete and current as of the time of contracting. Q. Frady Mip6r,9 Associates, P.A. TITLE: V k �-- p)?;s , OF,0- DATE: E-1 Contract # 17-7103 "West Goodlette Frank Road Joint Stormwater-Sewer Project' Q. Grady Minor & Associates, P.A. SCHEDULEF KEY PERSONNEL Name Personnel Category % of time Justin Frederiksen Project Manager 100% Daniel Flynn Project Manager 50% Mike Delate Project Manager 10% Sally Goldman Engineer 75% Rick Featherstone Senior Inspector 25% Donald Saintenoy Professional Survey and Mapper 20% Eric Neil Senior Designer 75% Dawn Suzor Senior Designer 25% F-1 o/ Contract # 17-7103 'West Goodlette Frank Road Joint Sto"water-Sewer Project' G. Grady Minor & Associates, P.A.