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Agenda 07/07/2015 Item #16C47/7/2015 16.C.4. EXECUTIVE SUMMARY Recommendation to approve selection committee rankings and enter into negotiations for a contract for Request for Proposal No. 15 -6450, "Naples Park Infrastructure Improvements," Project Numbers 60139, 70043, 70044 and 71010, with Q. Grady Minor & Associates. OBJECTIVE: To obtain expert professional engineering services for Naples Park Infrastructure Improvements that will address stormwater, water and wastewater projects needed to serve our customers reliably, sustainably, and in full regulatory compliance. CONSIDERATIONS: The proposed scope of work under Project Numbers 70043, "Gravity Transmission System Technical Support Program;" 70044, "Force Main Transmission System Technical Support Program;" and 71010, "Distribution System Technical Support Program" is consistent with the Capital Improvement Program (CIP) contained in the Water, Wastewater, Irrigation Quality Water, and Bulk Potable Water User Rate Study approved by the Board of County Commissioners (Board) on June 10, 2014, as Agenda Item 11C. Funding for Project Numbers 70043, 70044 and 7 10 10 is available in, and consistent with, the FY2015 CIP Budget. The Public Utilities Department has ongoing programs to replace water and wastewater mains, and the Growth Management Department has ongoing programs to upgrade drainage and transportation systems. Approval of this Request for Proposal (RFP) will enable various agency departments to work together in designing Naples Park neighborhood improvement projects resulting in minimizing construction disruptions in this area. The RFP was posted on April 21, 2015. Email notices were sent to 1,564 firms with 101 vendors requesting full packages. Five responses were received by the due date of May 21, 2015. A selection committee met on June 9, 2015 and, after review and discussion, established the following ranking by consensus. Rank Firm 1 Q. Grady Minor 2 Johnson Engineering 3 Agnoli Barber and Brundage 4 Barraco and Associates 5 Weston and Sampson Q. Grady Minor is qualified and has experience with designing stormwater, water and wastewater projects. Staff recommends approval of the short list and authorization to commence contract negotiations with Q. Grady Minor. After contract terns are agreed upon, staff will return to the Board with a recommended contract for approval. FISCAL IMPACT: There is no fiscal impact associated with this action at this time. Once negotiations are completed and the contract approved by a future Board action, funding is available in, and is consistent with, the FY2015 Capital Budget approved by the Board September 18, 2014. The source of funding will be the Stormwater Capital Fund (325), Water Capital Fund (412) and Wastewater Capital Fund (414). LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - ERP Packet Page -1239- 7/7/2015 16.C.4. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners approves the selection committee ranking under Request for Proposal 15 -6450, "Naples Park Infrastructure Improvements," and direct staff to negotiate a contract to bring back for approval at a subsequent Board of County Commissioners meeting. Prepared By: Craig Pajer, Principal Project Manager, Planning and Project Management Division Attachments: RFP Final Rankings RFP Solicitation CCNA 15 -6450 Packet Page -1240- 7/7/2015 16.C.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.C.16.C.4. Item Summary: Recommendation to approve selection committee rankings and enter into negotiations for a contract for Request for Proposal No. 15 -6450, "Naples Park Infrastructure Improvements," Project Numbers 60139, 70043, 70044 and 71010, with Q. Grady Minor & Associates. Meeting Date: 7/7/2015 Prepared By Name: PajerCraig Title: Project Manager, Principal, Public Utilities Department 6/13/2015 5:25:16 AM Submitted by Title: Project Manager, Principal, Public Utilities Department Name: PajerCraig 6/13/2015 5:25:17 AM Approved By Name: Oscar Martinez Title: Project Manager, Senior, Public Utilities Department Date: 6/15/2015 8:41:01 AM Name: KurtzGerald Title: Project Manager, Principal, Growth Management Department Date: 6/15/2015 11:32:16 AM Name: JohnssenBeth Title: Division Director - Wastewater, Public Utilities Department Date: 6/15/2015 12:43:44 PM Name: ChmelikTom Title: Division Director - Public Utilities Eng, Public Utilities Department Date: 6/16/2015 9:10:23 AM Packet Page -1241- 7/7/2015 16.C.4. Name: Steve Messner Title: Division Director - Water, Public Utilities Department Date: 6/16/2015 10:32:18 AM Name: HapkeMargie Title: Recycling Coordinator, Public Utilities Department Date: 6/16/2015 10:43:22 AM Name: Joseph Bellone Title: Division Director - Operations Support, Public Utilities Department Date: 6/16/2015 11:45:11 AM Name: JacobsSusan Title: Operations Analyst, Public Utilities Department Date: 6/17/2015 11:50:24 AM Name: HallSwainson Title: Procurement Specialist, Administrative Services Department Date: 6/17/2015 2:49:05 PM Name: HallSwainson Title: Procurement Specialist, Administrative Services Department Date: 6/17/2015 2:51:33 PM Name: MarkiewiczJoanne Title: Division Director - Purchasing & Gen Svc, Administrative Services Department Date: 6/17/2015 3:57:03 PM Name: YilmazGeorge Title: Department Head - Public Utilities, Public Utilities Department Date: 6/19/2015 9:23:12 AM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 6/22/2015 2:05:41 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/24/2015 1:51:09 PM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 6/26/2015 3:00:57 PM Packet Page -1242- 7/7/2015 16.C.4. Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 6/26/2015 3:19:21 PM Packet Page -1243- O C U -Y e a sx .0 R d C' C E O d E d L R iy R 2A R a� d y CL m C 10 v a Packet Page -1244- 7/7/2015 16.C.4. .-i N OJ to 0.. N cn 7 V1 F N M C V7 P '` v G �• M N Vi 7 �h W In Q w ms`s 1t �' W c w r D ai ca C m 0 y C o E GR m gc n VD d y CL m C 10 v a Packet Page -1244- 7/7/2015 16.C.4. .-i N OJ to 0.. 7/7/2015 16.C.4. REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. Collier County Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CCNA Solicitation 15 -6450 Naples Park Infrastructure Improvements Swainson Hall, Procurement Strategist (239) 252 -8935 (Telephone) (239) 252 -6334 (Fax) swainsonhall(ftollier_gov.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. Ptexxasrrxf Sennxs Geisrr • 3327 Tanuami Trail Eas? • Nao {es, Honda 34112-0901 -23' 262 -94137 •whvt a3fiiergov.n�;prowrerzrentserncefi 15 -6450 Naples Park Infrastructure Improvements Packet Page -1245- 7/7/2015 16.C.4. Table of Contents LEGALNOTICE .......................................................................................... ............................... 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ...................... 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS .............................................. .............................15 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ................19 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP .............. .............................23 ATTACHMENT 1: CONSULTANT'S NON - RESPONSE STATEMENT ......... .............................31 ATTACHMENT 2: CONSULTANT CHECK LIST .......................................... .............................32 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ........................... .............................33 ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT ............... .............................34 ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION ................. .............................36 ATTACHMENT 6: CONSULTANT SUBSTITUTE W — 9 ............................... .............................37 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS ........... .............................38 ATTACHMENT 8: REFERENCE QUESTIONNAIRE .................................... .............................40 15 -6450 Naples Park Infrastructure Improvements 2 Packet Page -1246- 7/7/2015 16.C.4. Goer Covinty Administrative services Department Procurement Services Division Legal Notice Pursuant to approval by the County Manager, Sealed Proposals to provide Professional Engineering Services for Naples Park Infrastructure Improvements will be received until 3:OOPM Naples local time, on Thursday, May 21, 2015 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail East, Naples, FL 34112. CCNA Solicitation 15 -6450 Naples Park Infrastructure Improvements Services to be provided may include, but not be limited to the following: perform professional engineering services including, but not limited to the following three (3) phases of work performed by the consultant: 1. Phase 1 — Infrastructure design 2. Bidding Assistance 3. Post Design Engineer of Record 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 Purchasing Department Online Bidding System website: www,collier_qov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Director, Procurement Services Division This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net /purchasing and in the Lobby of Purchasing Building "G ", Collier County Government Center on Friday, April 21, 2015. 15 -6450 Naples Park Infrastructure Improvements Packet Page -1247- 7/7/2015 16.C.4. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Public Utilities Planning and Project Management Division (hereinafter, the "Division or Department "), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County ") has issued this Request for Proposal (hereinafter, "RFP ") with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase The selected consultant(s) shall perform a comprehensive design of the County -owned drainage, potable water and wastewater system within the Naples Park area to construct system renovations. The selected consultant(s) will perform design, bidding assistance and construction - related support services. Background The Planning and Project Management Division (PPMD) of the Public Utilities Department has program areas funded annually for the evaluation and upgrading of the County's Water and Wastewater Systems. Because of the age and condition of the Public Utility infrastructure in the Naples Park area, a program has been established to systematically replace existing aging water and wastewater system and in some cases adding additional piping. Due to construction related impacts to the neighborhood, potable water, wastewater and related drainage improvements will be performed concurrently in an effort to minimize these impacts. Detailed Scope of Work The County is interested in contracting with a qualified engineering design firm to develop and implement infrastructure improvements in the Naples Park area generally described as the area including and located north of Vanderbilt Beach Road, west of US 41 and south of 111th Street. Throughout the duration of the program, consultant will provide project management assistance consisting of the following: • Attend progress meetings with PUD staff as needed • Attend public information meetings with PUD staff as needed • Graphics /exhibit preparation • Progress meeting assistance • Project management assistance • Project management plan preparation • Public Relations assistance • Subsurface investigations of underground utilities • Geotechnical surveys • Land surveying 15 -6450 Naples Park Infrastructure Improvements Packet Page -1248- 7/7/2015 16.C.4. Attend Project Progress Meetings: Bi- weekly meetings with County representatives will be conducted, as requested by the Program Manager, throughout the program to keep the County 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. A firm day and time will be established for all progress meetings. Meeting objectives will be to provide progress updates, reach decisions on pertinent issues relative to the specific topics being addressed. 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 days following each meeting; the County will provide comments no more than two working days after receipt of draft minutes. Phase 1: Infrastructure Identification TASK 1.1 — Identify, analyze, prioritize and recommend the rehabilitation program for the region. Tasks may include, but are not limited to: a. Utilize local (Collier County) knowledgeable registered land surveyors to stake out the easements and /or property boundaries; collect and record the limits of property or easement boundaries as well as the physical location of the existing infrastructure components. As part of this task, call Sunshine State One -Call System to have the existing utilities located and to determine utility ownership (water, irrigation quality water, gas, electric, force mains, etc) prior to performing any field survey efforts. • Existing utilities • Existing vegetation • Fencing /Bollards (conditions and sufficiency for future expansion) • Flow meter and by -pass assemblies (if applicable) • Flow Monitoring • Landscaping (code considerations) and irrigation facilities • Potential for bypass pumping • Site access • Site layout of proposed improvements Phase 2: Design Engineer shall prepare a Basis of Design Report outlining the basis of design for the improvement proposed for the project phase being designed. Should the proposed design include the use of innovative construction technologies, consultant shall retain experts with expertise in using proposed technologies. Engineer shall design the rehabilitation program in phases stipulated by the County, assist with the bid process and recommend construction contractors to execute the infrastructure replacement program; and • Prepare bid /quote documents for utility system renovations • Monitor utility renovation activities • Observe and provide oversight 15 -6450 Naples Park Infrastructure Improvements 5 Packet Page -1249- 7/7/2015 16.C.4. The following tasks are included as part of the scope of work. Task 2.1 Final Design and Permitting Phase a. On the basis of the accepted preliminary layout, Consultant will prepare final drawings and specifications, which provide the general scope, extent and character of the work to be furnished, and performed by the Contractor. Consultant will prepare and submit drawings and specifications at the 60 -, 90- and 100 - percent complete stages for review and approval. An engineer's opinion of probable construction cost will accompany each submittal. Consultant shall meet with the County's design and operations staff and obtain their written acceptance (signature approval) of the work completed to date. 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, Engineer will coordinate with County to develop necessary General Conditions, Supplemental Conditions, and Special Provisions Specifications will be developed specifically for the project being constructed. Standard Collier County Specifications may be used for reference but the Engineer shall not rely on them as a replacement for sound engineering judgment and responsibility. Documents shall include drawings and project specifications ready for bidding, consistent with Collier County standards, including the following or as approved by the project manager: 1) Cover sheet, index and key map. 2) Civil Site Plan including fencing and landscaping. 3) Civil Details 4) Demolition Plan 5) Infrastructure Plan and Profile 6) Details 7) Operational Contingency Plans b. Prepare applications for Right -of -Way permits, Insubstantial Change to a Site Improvement Plan when required from Collier County Growth Management Division and respond to requests for additional information. Prepare all other required permit applications. Permitting fees will be paid by the County. c. Furnish copies of Contract Documents that include engineering drawings and specifications. Present and review them in person with the County at the 60- percent and 90- percent completion stages in the project and make appropriate changes requested. d. 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. Respond to a request for additional information (RAI) from the FDEP. All permit fees will be paid by the County. Task 2.2 Bidding and Award Phase With the exception of the following, bid /quote services will be performed by the Collier County Purchasing Department. Consultant will assist the County with the following: a. Assist in preparing addenda, as required, to interpret, clarify, or expand the Bidding Documents. 15 -6450 Naples Park Infrastructure Improvements Packet Page -1250- 7/7/2015 16.C.4. b. 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. c. 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. d. Attend a pre- bid /quote conference e. Attend the bid opening, review bids, qualifications, f. Provide a recommendation letter of award. Phase 3 — Consultation Services During Construction Note: This phase is not referring to Construction, Engineering, and Inspection (CEI) Services. CEI responsibilities will be handled by Stantec Consulting Services Inc. However, the selected consultant's presence will be requested, as a part of this solicitation, during the construction for the following: Consultant's inspector shall observe regular construction and testing activities related to the Project as directed by the Project Manager, including rehabilitation work. Construction /testing reports and pictures of construction will be prepared on site daily on the day the construction activity takes place by the construction inspector. All construction documentation will be provided no later than 7 PM on the date of construction via electronic E -mail to the project manager and designated recipients. Both a hard copy and an electronic copy shall be kept in the project file of the consultant and given to the County upon completion of the project. Task 3.1 — Construction Observation and Documentation The construction inspector (or activity observer) will provide the services outlined below. This section also incorporates activity observations associated with the design phase (i.e., smoke testing, flow monitoring, inspections, etc.). 3.1 — Construction/Testing Observation — The construction inspector will conduct on -site observations and inspections of all construction /testing activities on the Project on a full or part time basis unless directed otherwise by the project manager to ensure that all work is completed in accordance with the Contract Documents. The Construction Inspector will inform the project manager and the on -site superintendent of the construction /testing contractor of any concerns related to conformance of the work with the Contract Documents (a concern or an Issue) as an attempt to resolve any concern or issue on -site. If the concern or issue is not immediately resolved in the field, the Construction Inspector shall inform the Engineer of Record (EOR) and the project manager in writing about the concern or issue within eight (8) business hours, but not more than one business day after the discovery of any concern or issue. The FOR will be responsible for investigating the concern or issue and resolving the same through a written directive to the construction contractor and so inform the project manager and the Construction Inspector in writing. This protocol will be initiated any time the Construction Inspector becomes aware of any construction that is unsatisfactory, faulty or defective, does not conform to the 15 -6450 Naples Park Infrastructure Improvements 7 Packet Page -1251- 7/7/2015 16.C.4. Contract Documents, does not meet the requirements of any inspections, tests or approval required to be made, or has been damaged before final payment. The Construction Inspector will maintain a separate Issue Resolution Log documenting any issue or concern that is conveyed in writing to the EOR, including the written directive resolving the issue or concern. 3.2 - Log and Construction Documentation — The construction inspector will prepare a daily log with pictures recording activities and details related to the work on a form approved in advance by the project manager. Information will be recorded in the log when at the Project Site. Log entries will record all relevant aspects of the construction observed while on site including, but not limited to: construction crew (labor) details, equipment used, materials used, compliance testing and inspection performed, weather, temperature, site conditions, trench conditions, backfill material used, dewatering methods, compaction methods, location of the work, and all other details related to the Work. The log will reference the digital photographs and or video taken with appropriate file names and file locations. In addition to the construction details, the daily log will contain information related to: time and hours on the job site, weather conditions, data pertaining to questions of quantities of materials used, extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, observations in general and specific observations in more detail as in observing test procedures, conformance inspection of materials and fittings, name plate data for equipment and material installed, and other information requested by the project manager. Logs, photograph files and other construction documentation will be provided to the project manager by the Construction inspector on a daily basis in an electronic file via E -mail, on a digital CD only if requested by the project manager and a printed copy to be maintained on the project site in the inspector's trailer. 3.3 Photographic and Video Record — The Construction inspector will provide a comprehensive digital photographic record of all construction activities related to the Project. The digital file names will be referenced in the log along with a brief description of the photograph, the date and time of the photograph and the name of the photographer. The digital files will be transferred via E -mail to the project manager on a daily basis, to a digital CD if requested by the project manager, and submitted on a daily basis along with the construction documentation. The photographs may be electronic sent via E -mail to the project manager on a daily basis. If requested by the project manager, pictures will be printed in high resolution color, two captioned photos per 8'/" x 11" sheet, printed one side only. The prints if requested will be provided to the project manager when needed. If requested by the project manager, Video will be provided in digital format on DVD bi- weekly. 3.4 - General Coordination — The Construction inspector will coordinate all activities related to the Project between the construction contractor, the FOR and the project manager. The Construction inspector will oversee substantial and final completion inspections, and prepare and maintain the punch list, including follow -up inspections to ensure that punch list items are corrected and /or completed. 3.5 - Observe Regulatory Agency Inspections — The inspector will accompany visiting inspectors representing any regulatory agencies having jurisdiction over the Project and will record all discussions and the outcome of these regulatory inspections in the logs. The inspector will always notify the project manager prior to any such inspections. 3.6 - Construction Progress Meetings — The inspector will coordinate bi- weekly progress meetings chaired by the project manager, attended by the construction contractor to review project status and identify issues that may affect the Project. The inspector will prepare a 15 -6450 Naples Park Infrastructure Improvements 8 Packet Page -1252- 7/7/2015 16.C.4. DRAFT Agenda at least two business days in advance of the each meeting and issue written meeting notes identifying a summary of the discussion, conclusions and any risks that have been encountered or are expected within two days after the meeting to the project manager, EOR, and the construction contractor. 3.7 - Substantial Completion Inspections — The Construction inspector will conduct substantial completion inspections when requested by the construction contractor and the FOR recommends that the work is sufficiently complete to warrant a substantial completion inspection. During the substantial completion inspection the Construction inspector will prepare a punch list of items requiring completion or correction to the satisfaction of the FOR and the project manager. The Construction inspector will be responsible for maintaining the punch -list and issuing updates to the punch -list on a weekly basis. The Construction inspector will coordinate and participate in the final walk- through to ensure that the punch -list items are completed to the satisfaction of the FOR and the project manager. All services related to the Substantial Completion Inspection shall be provided in writing and pictures to the project manager for the Project. 3.8 — Final Completion Inspection - Upon the request of the construction contractor and concurrence of the FOR and the project manager, the Construction inspector will conduct final inspections of portions of the project, as they are finished to determine if construction has been completed in accordance with the Contract Documents and the construction contractor has fulfilled all obligations therein. Based on the results of the final inspection, the EOR, project manager, and the Construction inspector will judge the work complete or not complete. If the work is judged complete, the Construction inspector will issue a "notice of final acceptance and recommendation for final payment ". If the work is judged not complete, the Construction inspector will issue written instructions to the construction contractor identifying the work judged not complete. Upon provision of the construction contractor evidence or assurance that the deficiencies noted above have been corrected or completed, a second final inspection will be scheduled to verify that the outstanding issues have been resolved and the Construction inspector can issue a "notice of final acceptance and recommendation for final payment ". All services related to the Final Completion Inspection shall be provided to the project manager of the Project. 3.9 — Final Construction Certification — Upon issuance of a "notice of final acceptance and recommendation for final payment" the Construction inspector will provide a signed and sealed certification by a professional engineer of the FOR in responsible charge of the work provided by the Construction inspectors stating that the "Project has been completed by the construction contractor in accordance with the Plans and Specifications of the Contract Documents as amended by the Engineer OF RECORD ". All services related to the Final Construction Certification shall be provided to the project manager of the Project. 3.10 — Asset Management Record Information — Provide all information in the electron format stipulated by Collier County required to populate the county's GIS and Asset Management system in place at the time of project completion. TASK 3.2 — Construction Inspector and Project Oversight 3.2.1 - General Management and Oversight — The Construction inspector will provide support services customarily related to the construction observation and inspection of similar projects including, but not limited to: 15 -6450 Naples Park Infrastructure Improvements Packet Page -1253- 7/7/2015 16.C.4. a. Participate in a pre- construction meeting with the project manager, EOR, and the general contractor. b. Participate in other meetings as described or implied herein. c. Review and verify correctness of the construction contractor's monthly applications for payment and accompanying data and recommend approval of payments due to the construction contractor. The Construction inspector's recommendation of any payment requested in an application for payment shall constitute a representation by the Construction inspector to the project manager as an experienced and qualified professional, that based on Construction inspector's onsite observations and inspections of construction in progress, that the construction quantities in the applications for payment accurately reflect the progress of the work and that the work is constructed in accordance with the Contract Documents. The Construction inspector will process pay requests in accordance with the Florida Prompt Payment Act. All incoming pay requests processed by the Construction inspector shall be mechanically stamped with the date received. d. The Construction inspector will review the monthly updates to the construction schedule prepared by the construction contractor and provide written comments to the project manager and EOR. e. The Construction inspector will provide such field testing and verification that all materials, equipment and supplies installed or utilized on the Project are in full accordance with the Contract Documents and approved Shop Drawings provided by the EOR. f. Within one week after the construction contractor notifies the FOR and the project manager that the Work on the Project is substantially complete in accordance with the Contract Documents, the Construction inspector will provide a signed and sealed certification by a professional engineer registered in the State of Florida, that the Work was done under his supervision and performed in accordance with the Contract Documents, including all approved shop drawings and change orders except as noted. 3.2.2 — Coordination of Shop Drawings, Contract Interpretations and Clarifications — The Construction inspector will coordinate with the design engineer (EOR) regarding the issuance of interpretations and clarifications of Contract Documents during construction. The DESIGN Engineer (EOR) shall be responsible for technical review and decisions regarding interpretation and clarification of Contract Documents. The Construction inspector shall coordinate the DESIGN Engineer's (EOR) decisions and responses with the construction contractor. 3.2.3 - Monitor Project Records — The Construction inspector shall monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. 3.2.4 — As Constructed Field Drawings — The Construction inspector shall maintain red pencil "mark -up" notations and sketches on full size construction plans that reflect the actual details of constructed facilities. These Constructed Field Drawings will be used by the Construction inspector to validate the "As Built" documentation provided by the construction contractor. The Construction inspector will notify the project manager, FOR and the construction contractor of any differences in the documents maintained by the general contractor and the Construction inspector on a weekly basis for resolution by the EOR. Consultant shall also submit record information in PUD GIS format for integration into the current GIS system. In addition, information shall be submitted for entry into the County's asset management system. 15 -6450 Naples Park Infrastructure Improvements 10 Packet Page -1254- 7/7/2015 16.C.4. 3.2.5 — Start-up and Re- commissioning Support — The Construction inspector will assist the project manager, the EOR, and the construction contractor during start-up of each segment designated for Beneficial Use by the FOR and project manager, including but not limited to signing off on regulatory permits and general coordination between the EOR, project manager, and construction contractor. Task 3.3 — Additional Services 3.3.1 — Additional Services (only as authorized in writing) —In accordance with the contract or purchase order, in the event that other services may arise during the course of the work, but were not envisioned as part of the original or amended scope of work; Engineer shall submit a proposal to perform Additional Services prior to the performance of the work. The proposal shall include the specific services to be performed, time to complete, compensation, and an explanation as to why the services were not previously envisioned as part of the scope of work. The proposed Additional Services must be approved by the project manager in writing in advance of performance of said Additional Services. Failure to notify the project manager in writing of Additional Services shall be deemed a waiver of any claim by the Engineer that such services were Additional Services. Written authorization from the project manager will be required for any charges that exceed the predetermined upper limit. Term of Contract The contract term, if an award(s) is /are made is intended to be for the duration of the project and any close out related activities. The prices quoted on the Consultant's Proposal shall remain in effect for a period of four (4) years from the date of award by the Board of County Commissioners. Subsequently, at the discretion of the County and upon the written request of the Consultant at least thirty (30) days in advance, all prices may be adjusted on the anniversary date of the Agreement, based on the Consumer Price Index -South Region. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice Aril 21, 2015 Last Date for Receipt of Written Questions May 11, 2015, 5:OOPM, Naples Local Time Addendum Issued Resulting from Written Questions May 18, 2015 Solicitation Deadline Date and Time May 21, 2015, 3:OOPM, Naples Local Time Anticipated Evaluation of Submittals June 2015 Anticipated Completion of Contract Negotiations August 2015 Anticipated Board of County Commissioner's Contract Approval Date September 2015 15 -6450 Naples Park Infrastructure Improvements if Packet Page -1255- 7/7/2015 16.C.4. Response Format The Consultant understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Consultant further agrees that if the contract is awarded the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non - responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Consultant's approach and ability to meet the County's needs, as stated in the RFP. All proposals should be presented as described in the RFP in PDF or Microsoft Word format with Tabs clearly marked. If applicable, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below are to be submitted with each proposal and submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Consultant to include all listed items may result in the rejection of its proposal. 1. Tab I, Cover Letter and Acceptance of Conditions — No points awarded In this tab, include: In no more than two pages (executive summary), briefly describe the overall project approach and the firm's experience in providing the requested services as identified in this RFP. 2. Tab II, Project Understanding Approach (Maximum 45 Points) In this tab, include: • Project Understanding - Describe the background of the project and the local circumstances driving the need for this program. • Key Issues - Describe the key issues anticipated for this project and summarize your approach to them and your experience dealing with similar issues on other projects. • Overall Approach - Presents an overview of the your project approach and map the program process from beginning to end, including building public trust and maintaining public communications throughout the project. • Technical Approach - Provide a detailed step -by -step description of how you will work through this program development process. • Areas Requiring Special Consideration - Highlight how you will address project areas of broad importance to Collier County and its stakeholders. 15 -6450 Naples Park Infrastructure Improvements 12 Packet Page -1256- 7/7/2015 16.C.4. Staffing and Location of Work - Show the depth of the team's resources and where the project will be managed. Representative Projects - Provide a sample of a work product for each of the three phases that is of similar nature to the County's scope of work contained in this RFP. 3. Tab III, Technical Team (Maximum 35 Points) In this tab, include: Provide an Organizational Chart of the Project Team (excluding Collier County staff) including subconsultants. Provide Team Member Profiles - Provide resumes for all of the full time staff members assigned to the Collier County Wastewater Basin Study Project for all of the three phases of work; identify the specific staff assigned to each of the phases. Provide the percentage of subconsultant percentages expected to use for the three phases and describe the discipline /work. 4. Tab IV, Location, Availability and Responsiveness (Maximum 10 Points) The selected consultant(s) will be required to interface with Public Utilities' and GMD staff on a daily or more frequent basis. Collier County has concluded that selecting a local (Collier and Lee Counties) consultant 1) is in its best interest to contain costs, 2) minimizes task completion time frames, and 3) results in higher quality of professional services due to their knowledge and understanding of local geography and topology. Illustrate how available and how responsive the Engineer's team members will be for this program. Firms having a local office (Collier and Lee Counties) will receive the maximum number of points (10). Firms having office their office located within 50 miles of the Collier County Government complex will receive 5 points. Firms having an office beyond 50 miles will not receive any points under this category. 5. Tab V, References — 5 Completed and Returned (Maximum 10 Points) In order for the Consultant to be awarded any points for this tab, the County requests that the Consultant submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the Consultant in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Consultant's information provided in this area: • The County will total each of the Consultant's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Consultants who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the Consultant who has the highest score. 15 -6450 Naples Park Infrastructure Improvements 13 Packet Page -1257- 7/7/2015 16.C.4. • The next highest Consultant's number of points will be divided by the highest Consultant's points which will then be multiplied by criteria points to determine the Consultant's points awarded. Each subsequent Consultant's point score will be calculated in the same manner. • Points awarded will be extended to the whole number per Microsoft Excel. For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Consultant Name Consultant Total Reference Score Points Awarded Firm ABC 445 10 Firm DEF 435 9.8 Firm GHI 425 9.6 Firm JKL 385 8.7 Firm MNO 385 8.7 Firm PQR 250 5.6 Note: Sample chart reflects a 10 point reference criterion. The points awarded by Consultant will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Consultant's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Consultant. The Selection Committee may, at their sole discretion, contact references, and /or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 6. Tab VI, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in the RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Consultant may result in evaluation point deduction(s) and /or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. 7. Tab VII, Required Form Submittals • 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 • Other: License, certifications, informational materials, etc. 15 -6450 Naples Paris Infrastructure Improvements 14 Packet Page -1258- Exhibit II: General RFP Instructions 1. Questions 7/7/2015 16.C.4. Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.colliergov.net /bid. Consultants must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre - Proposal Conference The purpose of the pre - proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective Consultants having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum. All prospective Consultants are strongly encouraged to attend, as, this will usually be the only pre - proposal conference for this solicitation. If this pre - proposal conference is denoted as "mandatory", prospective Consultants must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Consultant in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and /or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals Packet Page -1259- 15 -6450 Naples Park Infrastructure Improvements OR 7/7/2015 16.C.4. All proposals are to be delivered before 3:00 pm, Naples local time, on or before June 17, 2015 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Swainson Hall, Procurement Strategist The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and /or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the Procurement Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Consultants must submit one (1) paper copy clearly labeled "Master," and six (6) compact disks (CD's) with one copy of the proposal on each CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Consultant makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013 -69 establishing and adopting the Collier County Purchasing Policy. If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals. The County may, as it deems necessary, conduct discussions with qualified Consultants determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals Collier County will evaluate and select these Services in accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. 15 -6450 Naples Park Infrastructure Improvements 16 Packet Page -1260- 7/7/2015 16.C.4. The County's procedure for selecting is as follows: 1. The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Strategist will publicly post prior notice of such meeting in the lobby of the Purchasing Building. 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice will be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and will endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. Collier County will consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, interviews, or oral presentations. 8. The Selection Committee, as approved by the County Manager or designee, will review, evaluate and rank all responsive proposals received from Proposers responding to this RFP. The committee members will score each Proposal in accordance with the rating criteria set forth below and may, at their discretion, schedule presentations from any firms submitting a proposal. Consultant(s) shall have an opportunity to discuss their qualifications, approach to the project and ability to furnish services for the scope of work outlined in this solicitation during the publicly announced Selection Committee Meeting prior to the final ranking. This discussion does not preclude the County from having additional presentations by ranked firms at the County's sole discretion. 9. The Selection Committee will rank qualified firms in order of preference and by consensus using all information presented to the Committee, choose the top ranked firm and will subsequently enter into negotiations with the top ranked firm. Award of the contract is dependent upon the successful and full execution of a mutually agreed contract. 10. Negotiations shall begin with the top- ranked firm(s) in accordance with Florida Statute 287.055. 11. Upon the successful completion of negotiations, contracts will be presented to the Board of County Commissioners for approval. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and /or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Consultant nor obligates the County in any manner. 15 -6450 Naples Park Infrastructure Improvements 17 Packet Page -1261- 7/7/2015 16.C.4. 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 II, Project Understanding Approach 45 Points Tab III, Technical Team 35 Points Tab IV, Location, Availability and Responsiveness 10 Points Tab V, References 10 Points 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. 15 -6450 Naples Park Infrastructure Improvements 18 Packet Page -1262- 7/7/2015 16.C.4. Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer regulations. Risk of loss of any goods This offer is subject to cancellation by the sold hereunder shall transfer to the COUNTY without notice if not accepted by COUNTY at the time and place of VENDOR within fourteen (14) days of delivery; provided that risk of loss prior issuance. to actual receipt of the goods by the COUNTY nonetheless remain with 2. Acceptance and Confirmation VENDOR. This Purchase Order (including all b) No charges will be paid by the COUNTY documents attached to or referenced for packing, crating or cartage unless therein) constitutes the entire agreement otherwise specifically stated in this between the parties, unless otherwise Purchase Order. Unless otherwise specifically noted by the COUNTY on the provided in Purchase Order, no invoices face of this Purchase Order. Each delivery shall be issued nor payments made of goods and /or services received by the prior to delivery. Unless freight and COUNTY from VENDOR shall be deemed to other charges are itemized, any be upon the terms and conditions contained discount will be taken on the full amount in this Purchase Order. of invoice. c) All shipments of goods scheduled on the No additional terms may be added and same day via the same route must be Purchase Order may not be changed except consolidated. Each shipping container by written instrument executed by the must be consecutively numbered and COUNTY. VENDOR is deemed to be on marked to show this Purchase Order notice that the COUNTY objects to any number. The container and Purchase additional or different terms and conditions Order numbers must be indicated on bill contained in any acknowledgment, invoice of lading. Packing slips must show or other communication from VENDOR, Purchase Order number and must be notwithstanding the COUNTY'S acceptance included on each package of less than or payment for any delivery of goods and /or container load (LCL) shipments and /or services, or any similar act by VENDOR. with each car load of equipment. The COUNTY reserves the right to refuse or 3. Inspection return any shipment or equipment at All goods and /or services delivered VENDOR'S expense that is not marked hereunder shall be received subject to the with Purchase Order numbers. COUNTY'S inspection and approval and VENDOR agrees to declare to the payment therefore shall not constitute carrier the value of any shipment made acceptance. All payments are subject to under this Purchase Order and the full adjustment for shortage or rejection. All invoice value of such shipment. defective or nonconforming goods will be d) All invoices must contain the Purchase returned pursuant to VENDOR'S instruction Order number and any other specific at VENDOR'S expense. information as identified on the Purchase Order. Discounts of prompt To the extent that a purchase order requires payment will be computed from the date a series of performances by VENDOR, the of receipt of goods or from date of COUNTY prospectively reserves the right to receipt of invoices, whichever is later. cancel the entire remainder of the Purchase Payment will be made upon receipt of a Order if goods and /or services provided proper invoice and in compliance with early in the term of the Purchase Order are Chapter 218, Fla. Stats., otherwise non - conforming or otherwise rejected by the known as the "Local Government COUNTY. Prompt Payment Act," and, pursuant to 4. Shipping and Invoices the Board of County Commissioners a) All goods are FOB destination and must Purchasing Policy. be suitably packed and prepared to secure the lowest transportation rates 5. Time Is Of the Essence and to comply with all carrier 15 -6450 Naples Park Infrastructure Improvements 19 Packet Page -1263- Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and /or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and /or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and /or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to 7/7/2015 16.C.4. the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and /or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and /or services to be provided hereunder. 11. Warranty of Non - Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and /or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or 15 -6450 Naples Park Infrastructure Improvements 20 Packet Page -1264- services, or replace or modify the goods or services so that they become non - infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non - exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of 7/7/2015 16.C.4. 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 15 -6450 Naples Park Infrastructure Improvements 21 Packet Page -1265- C) EE deemed a waiver of any subsequent default by VENDOR. 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. 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 7/7/2015 16.C.4. 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. Packet Page -1266- 15 -6450 Naples Park Infrastructure Improvements 22 Exhibit IV: Additional Terms and Conditions for RFP 7/7/2015 16.C.4. 1. Insurance and Bonding Requirements The Consultant shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Consultant shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Consultant waive against each other and the County's separate Consultants, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Consultant and County shall, where appropriate, require similar waivers of subrogation from the County's separate Consultants, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Consultant under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County.The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Consultant has any self- insured retentions or deductibles under any of the below listed minimum required coverage, Consultant must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be Consultant's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Consultant and /or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Consultant. The Consultant shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Consultant from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant hereunder, Consultant shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 15 -6450 Naples Park Infrastructure Improvements 23 Packet Page -1267- 7/7/2015 16.C.4. Should at any time the Consultant not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Consultant for such coverage(s) purchased. If Consultant fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Consultant under this Agreement or any other agreement between the County and Consultant. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Consultant shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Consultant to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful Consultant extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful Consultant. 3. Additional Items and /or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 80% or more of the solicitation amount for said work. 5. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Consultant's facilities /project site during and after each work assignment the Consultant is performing. 6. Vendor Performance Evaluation The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of this Agreement. 7. Additional Terms and Conditions of Contract Collier County has developed standard contracts /agreements, approved by the Board of County Commissioners (BCC). The selected Consultant shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and /or service agreements or other documents provided by the Consultant. 15 -6450 Naples Park Infrastructure Improvements 24 Packet Page -1268- 7/7/2015 16.C.4. 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. 8. Public Records Compliance The Vendor /Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a) -(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 9. Work Orders on Fixed Term Contracts The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County. The contracts are classified as fixed -term Countywide Agreements for various and miscellaneous services which will be utilized on an as- needed basis. Assignments shall be implemented with Work Orders subject to a maximum of $200,000 per Work Order. Work Order assignments in excess of $200,000 shall be approved by the Board of County Commissioners. Should any project that is active on a work order extend past the contract termination date, that work order will be active and extended as necessary until completion of such project. 10. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccaPclerk(a)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 15 -6450 Naples Park Infrastructure Improvements 25 Packet Page -1269- 7/7/2015 16.C.4. clearly stating pricing for standard payment methods. An additional separate dis . -- r­.. — traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and /or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements.. 11. 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. 12. 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 15 -6450 Naples Park Infrastructure Improvements 26 Packet Page -1270- 7/7/2015 16.C.4. indicating that the entity proposing, as well as the team assigned to the Co....., 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. 13. Survivability Purchase Orders: The Consultant/ContractorNendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 15 -6450 Naples Park Infrastructure Improvements will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 14. Principals /Collusion By submission of this Proposal the undersigned, as Consultant, does declare that the only person or persons interested in this Proposal as principal or principals is /are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 15. 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. 16. Termination Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 17. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 15 -6450 Napies Park Infrastructure improvements 27 Packet Page -1271- 18. Certificate of Authority to Conduct Business in the State of Florida (Florida Statu, 7 /7/2015 16.C.4. 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. 19. Single Proposal Each Consultant must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub - consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub - consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non - responsive and rejected from further consideration. In addition, consultants that have participated and /or will participate in the development of scope, background information or oversight functions on this project are precluded from submitting a Proposal as either a prime or sub- consultant. 20. Protest Procedures Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 21. Public Entity Crime A person or affiliate who has been placed on the convicted 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. 22. Security and Background Checks Packet Page -1272- 15 -6450 Naples Park Infrastructure Improvements 28 7/7/2015 16.C.4. If required, Consultant / Vendor / Contractor / Proposer shall be responsible for the „ background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 23. 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. 24. 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. 25. Immigration Law Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Consultants / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Consultants are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If the Bidder /Consultant does not comply with providing the acceptable E- Verify evidence and the executed affidavit the bidder's / Consultant's proposal may be deemed non - responsive. Additionally, Consultants shall require all subcontracted Consultants to use the E- Verify system for all purchases not covered under the "Exceptions to the program" clause above. 15 -6450 Naples Park Infrastructure Improvements 29 Packet Page -1273- For additional information regarding the Employment Eligibility Verification System (77/2015 16...4. 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. 15 -6450 Naples Park Infrastructure Improvements 30 Packet Page -1274- 7/7/2015 16.C.4. Collier County Administrative Services Department Procurement Services Division Attachment 1: Consultant's Non - Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Consultants not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to CCNA Solicitation 15 -6450 Naples Park Infrastructure Improvements 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 15 -6450 Naples Park Infrastructure Improvements KE Packet Page -1275- 7/7/2015 16.C.4. coyer county Administrative Services Department Procurement Services Division Attachment 2: Consultant Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Consultant should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Swainson Hall, Procurement Strategist CCNA Solicitation: 15 -6450 Naples Park Infrastructure Improvements ❑ The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ❑ If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net /bid. The system will date and time stamp when the addendum files were downloaded. ALL COURIER - DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Packet Page -1276- 15 -6450 Naples Park Infrastructure Improvements 32 Representative Name: coL17eY County Administrative Services Department Procurement Services Division Attachment 3: Conflict of Interest Affidavit Date 7/7/2015 16.C.4. By the signature below, the firm (employees, officers and /or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and /or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and /or agents) agrees to immediately notify in writing the Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract and /or project duration. Firm: Signature and Date: Print Name Title of Signatory State of _ County of _ SUBSCRIBED AND SWORN to before me this 20 by Notary Public day of , who is personally known to me to be the for the Firm, OR who produced the following identification My Commission Expires Packet Page -1277- 15 -6450 Naples Park Infrastructure Improvements 33 7/7/2015 16.C.4. Con�ier County Administrative Services Department Procurement Services Division Attachment 4: Consultant Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation: 15 -6450 Naples Park Infrastructure Improvements Dear Commissioners: The undersigned, as Consultant declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Consultant agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Consultant states that the proposal is based upon the proposal documents listed by the above referenced CCNA Solicitation. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 200_ in the County of , in the State of Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number CCR # or CAGE Code Telephone: FAX: Signature by: (Typed and written) Title: Packet Page -1278- 15 -6450 Naples Park Infrastructure Improvements 34 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: Packet Page -1279- 7/7/2015 16.C.4. 15 -6450 Naples Park Infrastructure Improvements 35 7/7/2015 16.C.4. Coder county Administrative Services Department Procurement Services Division Attachment 5: Immigration Affidavit Certification CCNA Solicitation: 15 -6450 Naples Park Infrastructure Improvements 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 State of _ County of Date The foregoing instrument was signed and acknowledged before me this day of , 20_, by who has produced (Print or Type Name) Notary Public Signature Printed Name of Notary Public Notary Commission Number /Expiration as identification. (Type of Identification and Number) 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. 15 -6450 Naples Park Infrastructure Improvements 36 Packet Page -1280- Cofi`er County Admin* abve Sermoes Department P, x ., M Services Dr _s 7/7/2015 16.C.4. 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 retum) Business Name (if different from taxpayer name) Address State Telephone Order Information Address City State FAX Email FAX Zip 2. Company Status (check only one) City Zip Email Remit / Payment Information Address City State FAX Email Zip _Individual / Sole Proprietor _Corporation _Partnership _Tax Exempt (Federal income tax - exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification D = Disregarded Entity, C = Corporation, P = Partnership 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) ;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, l certify that the information shown on this form is correct to MY jowled e. Signature Date Title Phone Number Packet Page -1281- 15 -6450 Naples Park Infrastructure Improvements 37 7/7/2015 16.C.4. Co�le-r County Administrative Services Department Procurement Services Division Attachment 7: Insurance and Bonding Requirements Insurance/ Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $500,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor /Vendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor /Vendor /Consultant or anyone employed or utilized by the Contractor /Vendor /Consultant in the performance of this Agreement. 4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ® Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ® Professional Liability $1,000,000 per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 15 -6450 Naples Park Infrastructure Improvements 38 Packet Page -1282- 7/7/2015 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funas, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5 % of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 16.C.4. 8. ® Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County (or Collier MPO). The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Ljb 4/20/2015 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 Consultant Signature Print Name Insurance Agency Agent Name Packet Page -1283- Date Telephone Number 15 -6450 Naples Park Infrastructure Improvements 39 7/7/2015 16.C.4. Collier COU.nty Administrative Services Department Procurement Services Division Attachment 8: Reference Questionnaire Solicitation: 15 -6450 Naples Park Infrastructure Improvements Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm /individual again) and 1 representing that you were very unsatisfied (and would never hire the firm /indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Project Budget: Completion Date: 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: Packet Page -1284- "Ml 15 -6450 Naples Park Infrastructure Improvements 40