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Agenda 01/28/2014 Item #16D 21/28/2014 16.D.2. EXECUTIVE SUMMARY Recommendation to approve the selection committee rankings, and to authorize entering into contract negotiations for Request for Proposal No. 13 -6178, "Construction, Engineering, and Inspection (CEI) Services for Vanderbilt Beach Beautification Municipal Service Taxing Unit (MSTU) Utility Conversion Phase II, III, and IV" with Hole Montes, Inc. OBJECTIVE: To obtain expert professional construction, engineering and inspection services that will result in a quality, best value project to serve the Vanderbilt Beach Beautification MSTU utility conversion project phase II, III and IV. CONSIDERATION: Vanderbilt Beach Beautification MSTU is managing the Project to convert all FP &L, Comcast, Century Link, NuVu, and FPL- Fiberlink, from aerial to underground. Underground conversion of all utility lines (cable and phone) is required by FPL in order to remove the existing poles. Phase I consisting of the area along Gulfshore Boulevard and adjacent finger streets is complete and will be used to evaluate the .operation in Phase II, III and IV. The project provides hurricane protection as well as enhances the community aesthetics to further the beautification: purpose of the MSTU. The Scope of Services for this contract includes design, inspection, documentation and restoration design for the Phases II, III and IV of the Underground Conversion project. Request for Proposal No. 13 -6178, Construction, Engineering, and Inspection (CEI) Services for Vanderbilt MSTU Utility Conversion Phase II, III and IV was posted on November 8, 2013, with 1,164 notices sent out and 55 firms downloaded the packages. Three responsive proposals were received by December 5, 2013. The selection committee met on December 17, 2013, and by consensus selected Hole Montes, Inc., to provide construction, project management, and engineering, inspection, and landscape architecture services. The final rankings are shown below. Name of Firm Final Ranking Hole Montes, Inc. 1 KCCS/KCA, Inc. 2 Q. Grady Minor and Associates, Inc. 3 All three firms are local and are sufficiently familiar with the scope of the project. They are qualified and have extensive experience in performing CEI Services. Staff recommends approval of the short list and authorization to commence contract negotiations with the highest ranked firm, Hole Montes, Inc., for this work. After contract terns are agreed upon with the consultant, staff will return to the Board for final approved of the proposed contract. FISCAL IMPACT: Funding for Vanderbilt Beach Utility Conversion Project CEI services are included in the Vanderbilt Beach MSTU Fund (143) budget. GROWTH IMPACT: There is no growth impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. —SRT RECOMMENDATION: That the Board of County Commissioners approves the selection committee rankings and authorize entering into contract negotiations for RFP #13 -6178. Prepared by: Harry Sells, Project Manager, Alternative Transportation Modes Department �1 Packet Page -454- 1/28/2014 16.D.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.2. Item Summary: Recommendation to approve the selection committee rankings, and to authorize entering into contract negotiations for Request for Proposal No. 13 -6178 For CEI Services for Vanderbilt Beatutification MSTU Meeting Date: 1/28/2014 Prepared By Name: SellsHarry Title: VALUE MISSING 12/23/2013 10:37:57 AM Approved By Name: JohnsonScott Title: Purchasing Agent,Purchasing & General Services Date: 12/23/2013 1:14:33 PM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 12/26/2013 12:46:43 PM Name: ArnoldMichelle Title: Director - Alt Transportation Modes,Alternative Tr Date: 12/30/2013 9:48:56 AM Name: CummingsRhonda Title: Contracts Specialist,Purchasing & General Services Date: 1/7/2014 2:56:29 PM Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 1/13/2014 11:13:38 AM Name: CarnellSteve Title: Administrator - Public Services Date: 1/13/2014 6:37:07 PM Packet Page -455- Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 1/14/2014 4:17:53 PM Name: KlatzkowJeff Title: County Attorney Date: 1/16/2014 9:01:42 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 1/17/2014 4:46:29.PM Name: OchsLeo Title: County Manager Date: 1/21/2014 1:47:25 PM Packet Page -456- 1/28/2014 16.D.2. �d �E E o, o c U ;g c c Z v _ d ea d = N 1L V {4 ti T M T N ..r c CD U) a) a Na) L.L. C .N L L Packet Page -457- 1/28/2014 16.D.2. w 0 Cu tw m a 1/28/2014 16.D.2. REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. comwty Adav i Services Division Purchasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CCNA Solicitation 13 -6178 Construction, Engineering, and Inspection (CEI) Services for Vanderbilt MSTU Utility Conversion Phase II, III, and IV Rhonda Cummings, FCCN, CPPB, Procurement Strategist (239) 252 -8941 (Telephone) (239) 252 -6700 (Fax) rhondacummings @colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Furawrq Deoars e .. • 3327 Tamiam Trail East - Names, Florida 34112 1901 • www.coliier9ay.neVDurc0asme CCNA (Revision 07012018) Packet Page -458- 1/28/2014 16.D.2. Table of Contents LEGALNOTICE .......................................................................................... ............................... 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ...................... 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS .............................................. .............................14 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ................18 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP .............. .............................21 ATTACHMENT 1: CONSULTANT'S NON - RESPONSE STATEMENT ......... .............................28 ATTACHMENT 2: CONSULTANT CHECK LIST .......................................... .............................29 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ........................... .............................30 ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT ............... .............................31 ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION ................. .............................33 ATTACHMENT 6: CONSULTANT SUBSTITUTE W — 9 ............................... .............................34 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS ........... .............................35 ATTACHMENT 8: REFERENCE QUESTIONNAIRE .................................... .............................37 EXHIBIT A - SITE MAP RFP 13 -6178 CEI Svcs VB Packet Page -459- 2 1/28/2014 16.D.2. Abrnnisaabue Services Dwision Purchasing Legal Notice Pursuant to approval by the County Manager, Sealed Proposals to provide Construction, Engineering and Inspection (CEI) Services for Vanderbilt MSTU Utility Conversion Phase II, III, and IV13 -6178 Construction, Engineering and Inspection (CEI) Services for Vanderbilt MSTU Utility Conversion Phase II, III, and IV will be received until 2:00 PM, Naples local time, on December 6, 2013 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. CCNA Solicitation 13 -6178 CEI Services for Vanderbilt MSTU Utility Conversion Phase II, III, and IV Services to be provided may include, but not be limited to the following: Consulting, Engineering and Inspection ® 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.coiiiergov.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 Interim Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G ", Collier County Government Center on November 8, 2013. RFP 13 -6178 CEI Svcs VB Packet Page -460- 1/28/2014 16.D.2. � Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Alternative Transportation Modes (ATM) Department (hereinafter, the Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County ") has issued this Request for Proposal (hereinafter, "RFP ") with the intent of obtaining proposals from interested and qualified 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 Vanderbilt Beach MSTU is managing the Project to convert all (FP &L, Comcast, Century Link, NuVu, and FPL - Fiberlink, hereafter named UTILITY) from aerial to underground. Phase I is nearing completion and will be used to evaluate the operation in Phase 2, 3, and 4. The Vanderbilt Beach MSTU: Utility Aerial to Underground Conversion provides hurricane protection and aesthetic improvements. Underground conversion of all utility lines is required by FPL in order to remove the existing poles. The Project includes the documentation, restoration, construction, testing and repair of the Vanderbilt Beach MSTU Utility Aerial to Underground Conversion Phase 2, 3, and 4 (hereafter called PROJECT) right of way and adjacent properties that are affected by the PROJECT. utility work in accordance with plans and technical specifications prepared by the UTILITY. It is the County's intent to protect the existing utilities and minimize impact to the adjacent properties. The design, construction, and implementation of Phase 2, 3, and 4 will be installed by FP &L/Comcast/Century Link. The County plans to evaluate the operation of Phase I before, during, and after completion. (See Exhibit A: Project Phasing Plan) The Construction Engineer Inspection (CEI) Services and Landscape Architect Site Restoration Services associated with the burial of the UTILITY lines through trenching and directional boring consists of the following elements: 1. The CEI will provide a pre - construction video of the right of way and property directly adjacent to the right of way. 2. Documentation: CEI to provide photographs before, during, and after completion of construction of the work areas. 3. All of the existing FPL poles are to be removed . CEI is responsible for oversight and protection of the existing utilities.. The Landscape Architect is to oversee the restoration of the right of way landscape, irrigation, and site repairs, as requested. 4. Protection of each pole site includes all other utility equipment and associated connections, control panels, existing paving, lighting, and landscaping. 5. Oversight and documentation of the installation of UTILITY conduit and boxes to be installed along right of way. 6. Direction must be given to UTILITY to ensure the protection of the existing utilities, oversight of the installation and documentation of all existing conditions in order to restore the landscape, irrigation, lighting, paving, and all other site amenities to its original condition. RFP 13 -6178 CEI Svcs VB 4' Packet Page -461- 1/28/2014 16.D.2. 7. Future landscape 'screening of the proposed switch boxes and irrigation repair may be required. Proposed landscape and irrigation plans may be designed by a Florida licensed landscape architect. 8. Oversight and documentation of direction bore logs and preparation of as -built drawings for new UTILITY installations including directional bores, trenched PVC cross - connections, switch boxes, and all other associated equipment. 9. Working knowledge of all UTILITY plans, and agreements for work within the right of way. 10. As -built record drawings will be required of each utility upon completion. It is the responsibility of the consultant to verify the as -built information prior to submittal (PDF format). 11. Owner will obtain and provide Right -of -Way Permits. Detailed Scope of Work Construction Engineering Inspection Services associated with the burial of the UTILITY lines through trenching and directional boring. Landscape Architectural Site Restoration Services associated with the burial of the UTILITY lines through trenching and directional boring. The CEI services will include the following tasks: Task 1 — CEI Construction Video and Still Photographs Task 2 — Detailed Construction Observation and Documentation Task 3 — CEI Project Management Services Task 4 — Additional Services TASK 1— CONSULTANT (CEI) CONSTRUCTION VIDEO AND PHOTOGRAPHS 1.1 It will be the Consultant's responsibility to provide a preconstruction video tape in DVD format documenting the condition of the project area prior to commencement of any work. This video tape should capture pre - project conditions of all private property adjacent to the proposed project area and public property in the right of way with the intent to document all existing conditions for use in resolving any post - project private or public property alleged damage claims. Documentation of identification of locations shown on the video will be via audio or other readily used means. The video is to be submitted to the Project Manager prior to construction commencement for the PROJECT . Video, per Task 1. 1, to be provided within 2 weeks of issue of Notice to Proceed for the commencement of services per this RFP. 1.2 Construction Photographs: It is the consultant's responsibility to provide pre- construction and construction progress photographs that help visualize the worksite conditions. Photographs will be taken prior to construction commencement, during and after all milestones and construction steps. The picture subject must be identified as to location either on the picture or via separate index. The pictures must be in digital format, date stamped, three Mega pixels minimum resolution, in color. Pre - Construction Photographs per Task 1.2 covering the complete PROJECT are to be provided within three weeks of issue of Notice to Proceed for the commencement of services per this RFP. TASK 2 — CONSULTANT (CEI) DETAILED OBSERVATION AND DOCUMENTATION The Consultant will provide Construction Inspectors to observe all construction and testing activities related to the project, installation of related utility boxes, existing driveways, landscape and irrigation systems, miscellaneous masonry and concrete work associated with the trenching and directional bore activity of the power line burial, and video and testing of existing utilities and improvements within the right of way. Construction documentation will be prepared on the day the construction activity takes place. All construction documentation and preparation of RFP 13 -6178 CEI Svcs VB Packet Page -462- 1/28/2014 16.D.2. work orders associated with the restoration will be provided to the County not later than the first working day of the following week or more frequently if requested by the County. The Consultant will provide the following services. 2.1 - Construction Observation — The consultant will conduct on -site observations and inspections of all construction activities on the Project to ensure that all work is completed in accordance with the contract documents submitted to Collier County by UTILITY. The Consultant will inform an on -site representative of the construction contractor of any concerns related to conformance of the work with the contract documents (a concern or an issue) as an attempt to resolve any concern or issue on -site. If the concern or issue is not immediately resolved in the field, the Consultant will inform the County about the concern or issue within four (4) business hours of the finding. The Consultant will be responsible for investigating any concern or issue and resolving the same through an oral or written directive to the construction contractor and so inform the County. This protocol will be initiated any time the Consultant becomes aware of any construction that is unsafe, unsatisfactory, faulty or defective, does not conform to the Contract Documents, does not meet the requirements of any inspections, tests or approval required to be made, or has been damaged before final payment. The Consultant may be required to travel to the site immediately to meet with a county representative, law enforcement, or emergency personnel to resolve an emergency on a twenty four (24) hour basis. The Consultant shall respond to a telephone /beeper and the return calls shall be made within one (1) hour of notification. 2.2 - Daily Log and Construction -Documentation — Each Consultant will prepare a daily log recording all activities and details related to the work completed during each day on a form approved in advance by the County. Information will be recorded in the daily log on each day construction activities occur. The daily log entries will record all aspects of the construction during that day including, but not limited to: construction crew (labor) details, equipment used, materials used, compliance testing and inspection performed, site conditions, trench conditions, backfill material used, dewatering methods, compaction methods, location of the work, and all relevant details related to the Work. The Daily Log will reference the digital photographs and or video taken with appropriate file names and file locations. In addition to the construction details, the daily log will contain information related to: time and hours on the job site, weather conditions, data pertaining to questions of quantities of materials used, extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, observations in general and specific observations in more detail as in observing test procedures, conformance inspection of materials and fitting, name plate data for equipment and material installed, and other information requested by the County. The daily log, photograph files and other construction documentation will be provided to the County by the Consultant on a weekly basis on the first day of the week following the week of daily logs. 2.3 - Photographic Record — Each Consultant will provide a comprehensive digital photographic record of all construction activities related to the project. The digital file names will be referenced in the daily log along with a brief description of the photograph, location, the date and time of the photograph and the name of the photographer. The digital files will be submitted electronically or in digital CD format weekly to the County along with the construction documentation. The photographs that are part of the weekly report will be printed in high resolution color, two captioned photos per 8'/2" x 11" sheet, printed one side only. Video will be provided in digital format.- RFP 13 -6178 CEI Svcs VB Packet Page -463- 1/28/2014 16.D.2. 2.4 - Observe Regulatory Agency Inspections — The Consultant will accompany visiting inspectors representing any regulatory agencies having jurisdiction over the Project and will record all discussions and the outcome of these regulatory inspections in the daily logs. 2.5 — Project Milestone Inspections & Substantial Completion Inspection — The Consultant will conduct milestone inspections during the duration of work by UTILITY. It is anticipated that the milestone completion inspections will be conducted routinely at 21 -30 day intervals to coincide with the contractors pay application submittal. The Consultant will perform substantial completion inspections when requested by the construction contractor and coordinated with UTILITY and recommends that the work is sufficiently complete to warrant a substantial completion inspection. During the substantial completion inspection the Consultant will prepare a punch list of items requiring completion or correction to the satisfaction of the County. The Consultant will be responsible for maintaining the punch -list and issuing updates to the punch - list on a weekly basis. The Consultant will coordinate and participate in the final walk- through to ensure that the punch -list items are completed to the satisfaction of the County. All services related to the Substantial Completion Inspection shall be performed separately for PROJECT for each member of UTILITY, landscape restoration as a result of the Phase 2, 3, and 4 Project. Coordinate close out of right of way permits 2.6 — Final Completion Inspection - Upon the request of the construction contractor and concurrence of the Consultant and the County, the Consultant will conduct final inspections of portions of the project, as they are finished to determine if construction has been completed in accordance with the Contract Documents and the construction contractor has fulfilled all obligations therein. Based on the results of the final inspection, the Consultant will judge the work complete or not complete. If the work is judged complete, the Consultant will issue a "notice of final acceptance and recommendation for final payment ". If the work is judged not complete, the Consultant will issue written instructions to the construction contractor identifying the work judged not complete. Upon provision of the construction contractor evidence or assurance that the deficiencies noted above have been corrected or completed, a second final inspection will be scheduled to verify that the outstanding issues have been resolved and the Consultant can issue a "notice of final acceptance and recommendation for final payment'. All services related to the Final Completion Inspection shall be provided separately for Vanderbilt Beach MSTU: FPL Underground Conversion project: UTILITY and landscape restoration. 2.7 — Final Construction Certification — Upon issuance of a "notice of final acceptance and recommendation for final payment' the Consultant will provide a Florida Registered signed and sealed certification by a professional Florida Licensed Consultant in responsible charge of the work provided by the Construction Inspectors stating that the "Project has been completed by the construction contractor in accordance with the Plans and Specifications of the Contract Documents ". All services related to the Final Construction Certification shall be provided separately for Phase 2, 3, and 4. TASK 3— CE/ PROJECT MANAGEMENT SERVICES 3.1 - General Management and Oversight — The Consultant will provide support services customarily related to the construction observation and inspection of similar projects also including, but not limited to: a) Schedule and attend all progress meetings and conferences with the County and contractors. Prepare agenda and distribute meeting minutes Prepare a list of issues needing resolutions after every meeting and ensure that they are fulfilled. b) Participate in pre - construction coordination meetings with the County, and UTILITY. Participate in other meetings as described or implied herein. County. RFP 13 -6178 CEI Svcs VB Packet Page -464- 1/28/2014 16.D.2. c) Attend all project meetings in order to monitor progress, respond to field issues, communicate with the contractor, and coordinate communications with the contractor, project manager, and operational staff at County as needed. d) Respond to Requests for Information from the contractor within three working days. Coordinate requests with project manager and operational staff at Collier County. e) The consultant is to review and recommend the approval of payments due to the construction contractor for work within the right of way. The Consultant's recommendation of any payment requested in an application for payment shall constitute a representation by the Consultant to the County as an experienced and qualified professional, that based on Consultant's onsite observations and inspections of construction in progress; that the construction quantities in the applications for payment accurately reflects the progress of the work and that the work is constructed in accordance with the Contract Documents. The Consultant will process pay requests in accordance with the Florida Prompt Payment Act. All incoming pay requests processed by the Consultant shall be mechanically stamped with the date received. Final pay requests will be processed by Collier County. f) Provide construction contract administration consisting of: 1) Review of payment applications, if needed. 2) Review of construction schedule updates and field progress. 3) Review of change order requests and preparation of change orders, if needed. 4) Assistance in administration of additional work under the Contract Allowance Bid item. 5) Review preparation, implementation, and restoration of right of way site to the original condition. 6) Review record drawings for completeness and accuracy on a daily basis. g) Coordinate all issues with the County, and UTILITY that may bury their lines during the timeframe and property owners who have been negatively affected by the construction. This will involve the restoration of those affected areas. Provide timely review, recommendations and approval of shop drawings and submittals. h) Respond to Requests for Information from the contractor within three working days. Coordinate requests with the project manager, or any other governmental agency staff, as needed. i) Within one week after the construction contractor notifies the Consultant and the County that the Work on the Project (for each Phase) is substantially complete in accordance with the contract documents, the Consultant will provide a signed and sealed certification by a professional consultant registered in the State of Florida, that the Work was done under his supervision and performed in accordance with the contract documents, including all approved shop drawings and change orders for each licensed discipline. j) The firm's staff assigned to this project must be available during the duration of the project and on an emergency callout situation. 3.2 — Coordination of Shop Drawings, Contract Interpretations and Clarifications — The Consultant will coordinate with the issuance of interpretations and clarifications of Contract Documents during construction. The consultant shall be responsible for technical review and decisions regarding interpretation and clarification of Contract Documents. The Consultant shall coordinate decisions and responses with the construction contractor. RFP 13 -6178 CEI Svcs VB Packet Page -465- 1/28/2014 16.D.2. 3.3 - Monitor Project Records — The Consultant shall monitor all required Project records, n including but not limited to delivery schedules, inventories and construction reports. All material deliveries to the project site and /or staging area are to be noted in daily log. 3.4 — As Constructed Field Drawings — Each Consultant shall maintain red pencil "mark -up" notations and sketches on construction plans that reflect the actual details of constructed facilities. These Constructed Field Drawings will be used by the Consultant to validate the "As Built" documentation provided by the construction contractor. The Consultant will notify the construction contractor of any differences in the documents maintained by the general contractor for resolution by the County. TASK 4 — ADDITIONAL SERVICES 4.1 — Provide a professional State of Florida registered Landscape Architect(s) (Chapter 481, Part II, Florida Statutes, Chapter 61G10 Florida Administrative Code) as needed to prepare work orders and inspections for field progress. The landscape architect is responsible for the design of landscape restoration work associated with the burial of power lines on an as needed basis. 4.2 Additional Services (as authorized) — This Scope of Services is intended to describe all activities related to the construction observation and inspection services to ensure that the Project is constructed in full accordance with the Contract Documents including the plans and specifications prepared by FP &L /Comcast/Century Link. Project Phase Plan is as follows: Phase 2 (two): shall include the following streets: Vanderbilt Beach Road from Gulf Shore Drive to Vanderbilt Drive, S. Bay Drive, Guff Shore Court, and Center Street. (4,700 linear feet) and Bluebill Avenue from Gulf Shore Drive to Vanderbilt Drive (2,701 linear feet) Phase 3 (three): Vanderbilt Drive from Vanderbilt Beach Road to Bluebill Avenue, Palm Court, Oak Avenue, Pine Avenue, Bay Side, Lagoon Avenue, Trade Winds, Willet Avenue, Seagull Avenue, German Avenue, Seabee Avenue, Conners Avenue, Egret Avenue, Heron Avenue, and Flamingo Avenue (22,850 linear feet). Phase 4 (four): Vanderbilt Drive from Bluebill Avenue north to Wiggins Pass. (6,832 linear feet). In the event that other services related to the burial of the utilities restoration of the existing site may arise during the course of the work, but were not envisioned as part of the original or amended scope of work; the Consultant shall submit a proposal to perform Additional Services prior to the performance of the work. The proposal shall include the specific services to be performed, time to complete, compensation, and an explanation as to why the services were not previously envisioned as part of the scope of work. The proposed Additional Services must be approved by the County's Project Manager in writing in advance of performance of said Additional Services. Failure to notify the County in writing of Additional Services shall be deemed a waiver of any claim by the Consultant that such services were Additional Services. Written authorization from the County will be required for any charges that exceed the predetermined upper limit. Term of Contract The contract term, if an award is made is intended to be for two (2) years with a one (1) one year renewal option. It is anticipated that the actual construction of Phase 2,3 and 4 projects will take approximately twenty four (24) months from the start of construction to final completion. Prices shall remain firm for the initial term of this contract. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and RFP 13 -6178 CEI Svcs VB Packet Page -466- 1/28/2014 16.D.2. program manager approval surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. 'Event Date Issue Solicitation Notice November 8, 2013 Last Date for Receipt of Written Questions 5:00 PM, November 20, 2013 Pre - solicitation meeting N/A Addendum Issued TBD Solicitation Deadline Date and Time December 5, 2013 at 2:00 PM, Naples time Anticipated Evaluation of Submittals December 5, 2013 through December 30, 2013 Anticipated Completion of Contract Negotiations January 3, 2014 Anticipated Board of County Commissioner's Approval Date January 22, 2014 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. Tab 1, Cover Letter / Management Summary Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. RFP 13 -6178 CEI Svcs VB 10 Packet Page -467- 1/28/2014 16.D.2. Tab II: Project Understanding (30 points, 3 pages maximum). Provide a summary of project understanding. The following should be addressed: • Proposer shall include a description of how the project will be approached. • Include options to be considered and the issues to be resolved. • Specifically address how the CEI team will track the Contractor's actual progress against baseline schedule so that it will comply with the project requirements. • Present solutions to any anticipated issues. • Provide the methods to be used in identifying existing utilities and avoiding construction conflicts. Tab III: Firm Profile and Assigned Staff Experience Profile (30 points, 6 Page Maximum) Provide information that document's the firm's qualification to produce the required deliverables, including abilities in capacity, skill and financial strength. The Profile should also include the following; The number of years of Florida experience that the team has with power underground conversion projects, the number of similar CEI projects in Collier and Lee County from 1/1/08 — 12/31/12 with a construction value of $1 M or more. Attach a summary of 10% or a maximum of five of the projects. The number of technical staff assigned to this project, including, but not limited to engineers (specify discipline), Landscape Architects, project managers, supervisors, inspectors) if awarded a contract on this RFP. Include resumes of proposed technical staff. • Job assignment for other projects • Percentage of time to be assigned full time to this project How many years with this firm • How many years with other firms • Experience — Types of projects, size of projects (dollar value and physical size of project), describe specifics of project involvement • Education • Active registration (P.E., etc.) Tab IV, Experience and Capacity of Firm (20 Points Maximum /6 Page Limitation) Provide information that documents the firm's and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength in providing the required services. Also describe the various team members' successful experience in working with one another on previous projects. On a separate page, describe the nature of the changes, and whether the changes were owner or consultant initiated. Final Nun>ber.of Project Original Project l Change Orders .Description ' Btart':Da #e Err<d:Date ;Budget cost A Dollar Amount Tab V, Office Location & Responsiveness (Maximum 10 Points /1 Page Limit) Rating will be based on ease of contract administration and responsiveness both during the project and after the project is completed. The proposer with the Project Coordinator located in RFP 13 -6178 CEI Svcs VB 11 Packet Page -468- 1/28/2014 16.D.2. Southwest Florida (i.e., Collier, Charlotte, Hendry or Lee Counties) will receive 10 points. Proposers' principal offices and/or key personnel in other areas will receive fewer points Tab VI, References — 6 Completed and Returned (10 Points Maximum) In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five (5) completed reference forms (Reference 8) from clients whose projects are of a similar nature to this solicitation as a part of their proposal. Provide at least three (3) different project manager references. The County will only use the methodology calculations for the first five (5) references (only) submitted by the vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total each of the vendor's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score. • The next highest vendor's number of points will be divided by the highest vendor's points which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's point score will be calculated in the same manner. • Points awarded will be extended to the first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Vendor :Name Vendor TotaIR' a €erence Score Points Awvarded Vendor ABC 445 10 Vendor DEF 435 9.8 Vendor GHI 425 9.6 Vendor JKL 385 8.7 Vendor MNO 385 8.7 Note: Sample chart reflects a 10 point reference criterion. The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references, and /or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. Tab VII, 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 Vendor may result in evaluation point deduction(s) and /or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the RFP 13 -6178 CEI Svcs VB 12 Packet Page -469- 1/28/2014 16.D.2. sole discretion-of the County and Selection Committee. � Required Submittals • Cover Letter • Project Understanding • Firm Profile and Assigned Staff Experience Profile • Experience and Capacity of Firm • Office Location • References • Acceptance of Conditions • Attachment 2: Vendor Checklist • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Form' • Attachment 5: Immigration Affidavit and company's E- Verify profile page and memorandum of understanding • Attachment 6: Vendor Substitute W9 Attachment 7: Insurance Requirements • Attachment 8: Reference Questionnaire • Other: Licenses, certifications, etc. If services to be provided involve or are related to a physical site(s), including, but not limited to: design services for construction, physical monitoring, environmental studies, inspections or other similar activities, prior to submission of proposal, proposers shall visit the site(s) to become familiar with local conditions that may in any manner affect performance of the Work. This site visit may be documented in writing by the proposer; this documentation shall be submitted with the proposal. The proposal may be deemed non- responsive if the site visit documentation is not presented to the County in the proposer's submitted proposal materials. Upon award of the contract, subsequent site visits shall be at intervals appropriate to the stage of the project, as determined by the County project manager. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to this Agreement as a result of failure to make the necessary examinations and investigations shall be accepted as, an excuse for any failure or omission on the part of the awarded proposer, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time RFP 13 -6178 CEI Svcs VB 13 Packet Page -470- Exhibit II: General RFP Instructions 1. Questions 1/28/2014 16.D.2. Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.collieraov.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 All proposals are to be delivered before 2:00 pm, Naples local time, on or before December 5, 2013 to: RFP 13 -6178 CEI Svcs VB 14 Packet Page -471- 1/28/2014 16.D.2. Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Rhonda Cummings, FCCN, CPPB, 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 Purchasing /General Services Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Consultants must submit one (1) paper copy clearly labeled "Master." and five (5) 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 87 -25, and Collier County Resolution Number 2007 -340 establishing and adopting the Collier County Purchasing Policy. If the County receives proposals from less than three (3) firms, the Purchasing Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals. The County may, as it deems necessary, conduct discussions with qualified Consultants determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals Collier County will evaluate and select these Services in accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. The County's procedure for selecting is as follows: 1. The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. RFP 13 -6178 CEI Svcs VB 15 Packet Page -472- 1/28/2014 16.D.2. ^ 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 anytime and for any reason, and to issue such clarifications, modifications, addendums, and /or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Consultant nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances may not be considered. 10. References The County reserves the right to contact any and all references submitted as a result of this solicitation. RFP 13 -6178 CEI Svcs VB 16 Packet Page -473- 1/28/2014 16.D.2. 11. Proposal Selection Committee and Evaluation Factors The County Manager or designee will appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab I, Cover Letter / Management Summary 0 Tab II, Project Understanding, 3 page maximum 30 Tab III, Firm Profile and Assigned Staff Experience Profile, 5 page 30 maximum Tab IV, Experience and Capacity of Firm, 5 page maximum 20 Tab V, Office Location and Responsiveness, 1 page limit 10 Tab VI, References — 5 completed and returned 10 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. RFP 13 -6178 CEI Svcs VB HN Packet Page -474- 1/28/2014 16.D.2. Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer b) No charges will be paid by the COUNTY for This offer is subject to cancellation by the packing, crating or cartage unless COUNTY without notice if not accepted by otherwise specifically stated in this VENDOR within fourteen (14) days of issuance. Purchase Order. Unless otherwise provided in Purchase Order, no invoices 2. Acceptance and Confirmation shall be issued nor payments made prior to This Purchase Order (including all delivery. Unless freight and other charges documents attached to or referenced are itemized, any discount will be taken on therein) constitutes the entire agreement the full amount of invoice. between the parties, unless otherwise c) All shipments of goods scheduled on the specifically noted by the COUNTY on the face same day via the same route must be of this Purchase Order. Each delivery of goods consolidated. Each shipping container and /or services received by the COUNTY from must be consecutively numbered and VENDOR shall be deemed to be upon the marked to show this Purchase Order terms and conditions contained in this number. The container and Purchase Purchase Order. Order numbers must be indicated on bill of lading. Packing slips must show- Purchase No additional terms may be added and Order number and must be included on Purchase Order may not be changed except by each package of less than container load written instrument executed by the COUNTY. (LCL) shipments and /or with each car load VENDOR is deemed to be on notice that the of equipment. The COUNTY reserves the COUNTY objects to any additional or different right to refuse or return any shipment or terms and conditions contained in any equipment at VENDOR'S expense that is acknowledgment, invoice or other not marked with Purchase Order numbers. communication from VENDOR, notwithstanding VENDOR agrees to declare to the carrier ^ the COUNTY'S acceptance or payment for any the value of any shipment made under this delivery of goods and /or services, or any similar Purchase Order and the full invoice value act by VENDOR. of such shipment. d) All invoices must contain the Purchase 3. Inspection Order number and any other specific All goods and /or services delivered hereunder information as identified on the Purchase shall be received subject to the COUNTY'S Order. Discounts of prompt payment will inspection and approval and payment therefore be computed from the date of receipt of shall not constitute acceptance. All payments goods or from date of receipt of invoices, are subject to adjustment for shortage or whichever is later. Payment will be made rejection. All defective or nonconforming goods upon receipt of a proper invoice and in will be returned pursuant to VENDOR'S compliance with Chapter 218, Fla. Stats., instruction at VENDOR'S expense. otherwise known as the "Local Government Prompt Payment Act," and, pursuant to the To the extent that a purchase order requires a Board of County Commissioners series of performances by VENDOR, the Purchasing Policy. COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase 5. Time Is Of the Essence Order if goods and /or services provided early in Time for delivery of goods or performance of the term of the Purchase Order are services under this Purchase Order is of the non - conforming or otherwise rejected by the essence. Failure of VENDOR to meet delivery COUNTY. schedules or deliver within a reasonable time, 4. Shipping and Invoices as interpreted by the COUNTY in its sole a) All goods are FOB destination and must be judgment, shall entitle the COUNTY to seek all suitably packed and prepared to secure the remedies available to it at law or in equity. lowest transportation rates and to comply VENDOR agrees to reimburse the COUNTY for with all carrier regulations. Risk of loss of any expenses incurred in enforcing its rights. any goods sold hereunder shall transfer to VENDOR further agrees that undiscovered �O the COUNTY at the time and place of delivery of nonconforming goods and /or delivery; provided that risk of loss prior to services is not a waiver of the COUNTY'S right actual receipt of the goods by the COUNTY to insist upon further compliance with all nonetheless remain with VENDOR. specifications. RFP 13 -6178 CEI Svcs VB Packet Page -475- 18 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. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury 1/28/2014 16.D.2. or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and /or services to be provided hereunder. 11. Warranty of Non - Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and /or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non - infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non - exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex RFP 13 -6178 CEI Svcs VB 19 Packet Page -476- creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and /or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination 1/28/2014 16.D.2. This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and /or Conditions that are most favorable to the County and /or provide the greatest protection to the County shall govern. Packet Page -477- RFP 13 -6178 CEI Svcs VB 20 Exhibit IV: Additional Terms and Conditions for RFP 1/28/2014 16.D.2. 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 specked 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. RFP 13 -6178 CEt Svcs VB 21 Packet Page -478- 1/28/2014 16.D.2. 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 51 % 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. 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. 7. 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. RFP 13 -6178 CEI Svcs VB 22 Packet Page -479- 1/28/2014 16.D.2. 8. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(a'-)colliercierk.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 A10"4411 using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and /or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of 1aches" 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. RFP 13 -6178 CEI Svcs VB 23 Packet Page -480- Invoices shall not reflect sales tax. After review and approval, the invoice will be ,1/28/2014 16.D.2. Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 9. Environmental Health and Safety All Consultants and Sub Consultants performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Consultants and Sub Consultants shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and /or right -of -way for the purpose of inspection of any Consultant's work operations. This provision is non - negotiable by any department and /or Consultant. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 10. Licenses The Consultant is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Consultant to submit the required documentation may be grounds to deem Consultant non - responsive. A Consultant, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license /registration will need to be renewed thereafter to remain "active" in Collier County If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252 -2477. 11. Survivability Bids (ITBs /RFPs): The Consultant agrees that any Work Order /Purchase Order that extends beyond the expiration date of Solicitation 13 -6178 resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order /Purchase Order. 12. Principals /Collusion Packet Page -481- RFP 13 -6178 CEI Svcs VB 24 1/28/2014 16. By submission of this Proposal the undersigned, as Consultant, does declare that L.....,.,, r..,....,. — 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. 13. Relation of County It is the intent of the parties hereto that the Consultant shall be legally considered an independent Consultant, and that neither the Consultant nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Consultant, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 14. Termination D.2. 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. 15. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualifi cation for award of this contract to the firm. 16. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1601) 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.ora /search.htmi prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 17. Single Proposal Each Consultant must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub - consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub - consultant to any other firm or firms submitting under the same RFP. All 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 scope, background information or oversight functions on submitting a Proposal as either a prime or sub- consultant. Packet Page -482- participate in the development of this project are precluded from RFP 13 -6178 CEI Svcs VB FA9 18. Protest Procedures 1/28/2014 16.D.2. Any actual or prospective Consultant to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. 19. Public Entity Crime A person or affiliate who has been placed on the convicted Consultant list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may, not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted r. Consultant list. 20. Security and Background Checks If required, Consultant / Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 21. Conflict of Interest Consultant shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 22. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified RFP 13 -6178 CEI Svcs VB 26 Packet Page -483- 1/28/2014 16.D.2. period of time, including but not limited to: submitting bids, RFP, and /or quotes; termination of any contract held by the individual and /or firm for cause. 23. Immigration Law Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Consultants 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 Consultant's proposal may be deemed non - responsive. Additionally, Consultants shall require all subcontracted Consultants to use the E- Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http: / /www.dhs.ciov /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 seg and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. RFP 13 -6178 CEI Svcs VB 27 Packet Page -484- 1/28/2014 16.D.2. cafter Comnty Adrnrusmve SSeRnces Dv►son urchasmc 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 13 -6178 Construction, Engineering and Inspection (CEI) Services for Vanderbilt MSTU Utility Conversion Project for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications /scope of work. ❑ Specifications /scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date RFP 13 -6178 CEI Svcs VB 28 Packet Page -485- 1/28/2014 16.D.2. County AdrTitrisuavve Sermces Division Purchasing 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: Rhonda Cummings, FCCN, CPPB, Procurement Strategist CCNA Solicitation: 13 -6178 Construction, Engineering and inspection (CEI) Services for the Vanderbilt MSTU Utility Conversion Project ❑ The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER- DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Packet Page -486- Date RFP 13 -6178 CEI Svcs VB 29 1/28/2014 16.D.2. C oare'r Gic u ty Ad �sbwve Sewrzs Dw saon Purchasinc Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and /or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and /or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and /or agents) agrees to immediately notify in writing the Purchasing /General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and /or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this day of 20 by who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires Packet Page -487- RFP 13 -6178 CEI Svcs VB 30 1/28/2014 16.D.2. >►�' +I�.o�lt�.t1' Adrrirvstubve Services parr Purchasing Attachment 4: Consultant Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation: 13 -6178 Construction, Engineering and Inspection (CEI) Services for Vanderbilt MSTU Utility Conversion Phase II, III, and IV 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 20 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 -488- RFP 13 -6178 CEI Svcs VB 31 Additional Contact Information n Send payments to: (required if different from Company name used as payee above) Contact name: Title: Address: City, State, ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Packet Page -489- 1/28/2014 16.D.2. RFP 13 -6178 CEI Svcs VB 32 1/28/2014 16.D.2. COTWr- cry Adrranlst fte Sewn Dmsron AO-%, Purchasing Attachment 5: Immigration Affidavit Certification CCNA Solicitation: 13 -6178 Construction, Engineering and Inspection (CEI) Services for Vanderbilt MSTU Utility Conversion Phase II, III, and IV 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 ale) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any Consultant of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Consultant attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Consultant's / Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20_, by (Print or Type Name) Notary Public Signature Printed Name of Notary Public Notary Commission Number /Expiration who has produced 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. RFP 13 -6178 CEI Svcs VB 33 Packet Page -490- 1/28/2014 16.D.2. Cfaer Cote. Admwme S , urc w,,.; Attachment 6: Consultant Substitute W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address State Telephone Order Information Address FAX City State Zip FAX Email 2. Company Status (check only one) City Zip Email Remit I Payment Information Address City State Zip FAX Email _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 oniy) 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 of the contract.) 4. Sign and Date Form: Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number RFP 13 -6178 CEI Svcs VB 34 Packet Page -491- 1/28/2014 16.D.2. Z-Collier County AdrnniWOve Sewes Division Pum..hasft Attachment 7: Insurance and Bonding Requirements Insurance / Band Type 1. ® Worker's Required Limits Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $500.000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000.000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor / Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 500.000 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 RFP 13 -6178 CEI Svcs VB 35 Packet Page -492- ❑ Project Professional Liability 1/28/2014 16.D.2. Per uccurrence ❑ Valuable Papers Insurance $ Per Occurrence 6. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® 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. 11. ® Thirty (30) Days Cancellation Notice required. 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 -493- Date Telephone Number RFP 13 -6178 CEI Svcs VB 36 1/28/2014 16.D.2. cAr county A&TYnimme Semees Dwsion 'rvrc Smq Attachment 8: Reference Questionnaire Solicitation: 13 -6178 Construction, Engineering and Inspection (CEI) Services for Vanderbilt MSTU Utility Conversion Phase II, III, and IV Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference I Name: (Evaluator completing reference questionnaire) Email: FAX: Company: (Evaluator's Company completing reference) 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: Completion Date: Project Budget: Project Number of Days: Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Close out project process (final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow County policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: Packet Page -494- By RFP 13 -6178 CEI Svcs VB 37 /0-1 n /001\ 1/28/2014 16.D.2. EXHIBIT A PROJECT PHASING NEAP NOTE This exhibit is for the, purposes of Phase One Pmjectonly. Final i3oundary for Phases 2,, 3, and 4 may � r rnnfirttt afinn reaufrementso after final design plans are produced. DRAWN BY: DARRYL RICHARD, MSTU PROJECT MANAGER. ATM DEPART wtl` NI', DAIL: try -1.11-7i Packet Page -495- RFP 13 -6178 CEI Svcs VB 38