Agenda 05/28/2013 Item #16B2 5/28/2013 16.B.2.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners (BCC) acting in its capacity as the
Collier County Community Redevelopment Agency (CRA) approve contract 13-5988 Immokalee
Stormwater Improvements - Phase Two and authorize the Chairman to sign the grant funded
contract with CDM Smith,Inc. (CDM).
OBJECTIVE: To execute a contractual agreement between the BCC and CDM valued at
approximately $321,954, under which CDM will: review and prioritize the remaining projects
contained within the Immokalee Stormwater Master Plan; produce construction documents for
the project known as Immokalee Drive; and provide permitting and bidding assistance for the
Immokalee Drive project.
CONSIDERATIONS: On January 16, 2013, staff issued a Request for Proposal in accordance
with Florida Statute § 287.055, the Consultants Competitive Negotiation Act, to select a firm to
address drainage and pedestrian facility deficiencies within the Immokalee Community
Redevelopment Area. Three (3)proposals were received by the February 13, 2013 deadline. The
Selection Committee met on March 4, 2013, and ranked the following firms (in order of ranked
score):
1. CDM Smith, Inc.
2. Q. Grady Minor and Associates, P.A.
3. RWA Inc.
On March 26, 2013, agenda item #16B2, the CRA approved these selection committee rankings
and authorized staff to enter into negotiations with CDM, the top ranked firm, with the
understanding that the resultant contractual agreement would be brought back for Board review
and approval at a future meeting.
The proposed contract requires CDM Smith, Inc. to: 1) perform a complete survey and produce
construction documents for the entire project area, 2) produce bid documents and assist with the
general contractor procurement exercise, and 3) review and rank in order of importance the
remaining projects within the existing Immokalee Stormwater Master Plan(as funding allows).
The CRA has obtained funding for this design service contract from the following two sources:
1) The United States Department of Housing & Urban Development (HUD) grant as
administered by the Collier County Department of Housing, Human & Veteran Services under
HUD Grant #12DB-P5-09-21-01-K39 approved by the BCC on May 22, 2012 (Agenda Item
#16D3) in the amount of$133,344 (Collier County Project #33214), and 2) The South Florida
Water Management District Grant (SFWMD) #4600002788 approved by the BCC on February
26,2013 (Agenda Item#14B2) in the amount of$200,000 (Collier County Project#33266).
FISCAL IMPACT: The funding for the subject CDM work order assigned under this contract is
available from CRA Grant Fund 715, Projects 33214 (HUD) and Project 33266 (SFWMD) for
approximately $321,954.
Packet Page-438-
5/28/2013 16.B.2.
LEGAL CONSIDERATIONS: This item is has been reviewed by the County Attorney's
Office, is approved as to form and legality, and requires majority vote for Board approval. -JBW
GROWTH MANAGEMENT IMPACT: This action furthers the programs and projects within
the budgetary and policy guidance and directives of the Community Redevelopment Agency and
the Board of County Commissioners in furtherance of Policy 4.2 of the Future Land Use Element
of the Growth Management Plan which reads as follows:
"The Immokalee Area Master Plan addresses conservation, future land use, population,
recreation, transportation, housing, and the local economy. Major purposes of the Master Plan
are coordination of land uses and transportation planning, redevelopment or renewal of blighted
areas, and the promotion of economic development."
Also, this action is in accordance with the goals and objectives of the Drainage Sub-element of
the Growth Management Plan for Collier County Stormwater Management.
Furthermore, according to the 2008 Annual Conference publication from the Florida
Redevelopment Association(FRA): "One of the primary tenants of a Community Redevelopment
Agency is to provide clean and safe environments through the redevelopment of stormwater
management systems. CRA's should promote clean environments through stormwater system
improvements including watershed planning, land conservation, erosion and sediment control,
stream restoration, and pollution prevention. Stormwater management reduces the amount of
pollutants in runoff to reduce the threat to drinking water supplies, recreation and wildlife.
Redevelopment implements stormwater safety by improving site designs, preserving natural
drainage systems, enhancing water quality and preventing future flood damages. CRA's should
support clean water goals that allow residents to be proud of their communities".
RECOMMENDATION: That the BCC, acting in its capacity as the CRA, approves and
authorizes its Chairman to execute grant-funded agreement #13-5988 "Immokalee Stormwater
Improvements—Phase II"to CDM Smith, Inc. in the amount of$321,954.
Prepared by:
Bradley Muckel, Interim Director
Collier County CRA - Immokalee
Attachments: 1) Contract#13-5988, 2) RFP Document, and 3) CDBG Supplemental Conditions
Packet Page-439-
5/28/2013 16.B.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.B.16.B.2.
Item Summary: Recommendation that the Board of County Commissioners acting in its
capacity as the Collier County Community Redevelopment Agency(CRA) approve contract 13-
5988 Immokalee Stormwater Improvements—Phase II and authorize the Chairman to sign the
grant funded contract with CDM Smith, Inc. (CDM).
Meeting Date: 5/28/2013
Prepared By
Name: MuckelBradley
Title: Project Manager,
5/9/2013 10:07:03 AM
Submitted by
Title: Project Manager,
Name: MuckelBradley
5/9/2013 10:07:04 AM
Approved By
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 5/10/2013 3:05:02 PM
Name: WardKelsey
Title:Manager-Contracts Administration,Purchasing&Ge
Date: 5/13/2013 10:42:58 AM
Name:NorthrupAdam
Title: Procurement Strategist,Purchasing
Date: 5/17/2013 10:48:25 AM
Name: Joshua Thomas
Title: Grants Support Specialist,
Date: 5/17/2013 11:48:27 AM
Packet Page-440-
5/28/2013 16.B.2.
Name: BelpedioJennifer
Title: Assistant County Attorney,County Attorney
Date: 5/17/2013 2:21:42 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 5/20/2013 9:46:20 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/20/2013 1:24:16 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 5/21/2013 10:31:51 AM
Packet Page-441-
5/28/2013 16.B.2.
Contract# 13-5988
Professional Design Consulting Services for Immokalee Stormwater Improvements —
Phase II
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 20_
by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and
CDM Smith Inc., authorized to do business in the State of Florida, whose business address is
2180 West First Street, Suite 400, Fort Myers, Florida 33901 (hereinafter referred to as the
"CONSULTANT").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Design Consulting
services of the CONSULTANT concerning Immokalee Stormwater Improvements — Phase II
(hereinafter referred to as the "Project"), said services being more fully described in Schedule
A, "Scope of Services", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those
services; and
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
t
Packet Page -442-
5/28/2013 16.B.2.
1.1. CONSULTANT shall provide to OWNER professional Design Consulting services in all
phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule
B, "Basis of Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this
Agreement all such licenses as are required to do business in the State of Florida and in
Collier County, Florida, including, but not limited to, all licenses required by the respective state
boards and other governmental agencies responsible for regulating and licensing the
professional services to be provided and performed by the CONSULTANT pursuant to this
Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of
authorization or other form of legal entitlement to practice such services, it shall employ and/or
retain only qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates Paul Pinault, P.E. a qualified licensed professional to serve
as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project
Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or
relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall
devote whatever time is required to satisfactorily manage the services to be provided and
performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by
2 C9
Packet Page-443-
5/28/2013 16.B.2.
CONSULTANT from the Project without OWNER'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject
to the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including the Local Government Prompt Payment Act (218.735 and
218.76 F.S.) as amended in the 2010 legislative session, ordinances, codes, rules, regulations
and requirements of any governmental agencies, including the Florida Building Code where
applicable, which regulate or have jurisdiction over the Project or the services to be provided
and performed by CONSULTANT hereunder. In the event of any conflicts in these
requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best
professional judgment to advise OWNER regarding resolution of each such conflict.
OWNER'S approval of the design documents in no way relieves CONSULTANT of its
obligation to deliver complete and accurate documents necessary for successful construction
of the Project.
3
Packet Page-444-
5/28/2013 16.B.2.
1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount
for the following: Tasks not completed within the expressed time frame, including required
deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or
federal requirements and/or codes and ordinances applicable to Consultant's performance of
the work as related to the project. This list is not deemed to be all-inclusive, and the County
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these
funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and/or items necessary to correct the deficiencies directly related to the
Consultant's non-performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm
or organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and -
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn
in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings
should either reference specific established Survey Monumentation, such as Certified Section
Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from
the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall
have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-
pavement - EOP, etc), and adhere to industry standard CAD specifications.
4
CAc
Packet Page -445-
5/28/2013 16.B.2.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT
shall furnish or obtain from others Additional Services of the types listed in Article Two herein.
The agreed upon scope, compensation and schedule for Additional Services shall be set forth
in the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time
such services are authorized. These services will be paid for by OWNER as indicated in
Article Five and Schedule B. Except in an emergency endangering life or property, any
Additional Services must be approved in writing via an Amendment to this Agreement prior to
starting such services. OWNER will not be responsible for the costs of Additional Services
commenced without such express prior written approval. Failure to obtain such prior written
approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for
such Additional Services and (ii) an admission by CONSULTANT that such Work is not
additional but rather a part of the Basic Services required of CONSULTANT hereunder. If
OWNER determines that a change in the Agreement is required because of the action taken
by CONSULTANT in response to an emergency, an Amendment shall be issued to document
the consequences of the changes or variations, provided that CONSULTANT has delivered
written notice to OWNER of the emergency within forty-eight (48) hours from when
CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight
(48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had
to seek an adjustment to its compensation or time of performance under this Agreement. The
following services, if not otherwise specified in Schedule A as part of Basic Services, shall be
Additional Services:
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
5
CA
Packet Page -446-
5/28/2013 16.B.2.
2.2. Services resulting from significant changes in the general scope, extent or character of
the Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and
not reasonably anticipated prior to the preparation of such studies, reports or documents, or
are due to any other causes beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
2.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing
and assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT
and directed by OWNER, other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any
litigation, or other legal or administrative proceeding, involving the Project (except for
assistance in consultations which are included as part of the Basic Services to be provided
herein).
6
Packet Page -447-
5/28/2013 16.B.2.
2.9. Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part
of the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such services;
or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in accordance
with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to OWNER's
requirements for the Project, including design objectives and constraints, space, capacity
and performance requirements, flexibility and expandability, and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S possession pertinent
7
Packet Page -448-
5/28/2013 16.B.2.
to the Project, including existing drawings, specifications, shop drawings, product literature,
previous reports and any other data relative to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the Project
site to perform the services to be provided by CONSULTANT under this Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the
OWNER with respect to the services to be rendered by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not
due to its own fault or neglect, including but not restricted to acts of nature or of public enemy,
acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes
or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days
after commencement of such delay, stating the specific cause or causes thereof, or be
deemed to have waived any right which CONSULTANT may have had to request a time
extension for that specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a
8
Packet Page -449-
5/28/2013 16.B.2.
condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph
shall expressly apply to claims for early completion, as well as claims based on late
completion. Provided, however, if through no fault or neglect of CONSULTANT, the services
to be provided hereunder have been delayed for a total of 180 calendar days,
CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that
have not yet been performed, to reflect the incremental increase in costs experienced by
CONSULTANT, if any, as a result of such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or
remedies available to the OWNER hereunder, the OWNER at its sole discretion and option
may withhold any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT
be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay
or any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents,
drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports
9
CA
Packet Page -450-
5/28/2013 16.B.2.
and other technical data, other than working papers, prepared or developed by or for
CONSULTANT under this Agreement ("Project Documents"). OWNER shall specify whether
the originals or copies of such Project Documents are to be delivered by CONSULTANT.
CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER
the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project
Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring
OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a
nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this
Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this
license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project
Documents to complete the Project following CONSULTANT'S termination for any reason or to
perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT
also acknowledges OWNER may be making Project Documents available for review and
information to various third parties and hereby consents to such use by OWNER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which
concern or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as
may be required by law. OWNER, or any duly authorized agents or representatives of
OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and
during the five (5) year period noted above, or such later date as may be required by law;
provided, however, such activity shall be conducted only during normal business hours.
10
CA
Packet Page -451-
5/28/2013 16.B.2.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and
hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of
this Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified party
or person described in this paragraph 8.1.
8.2 The duty to defend under this Article 8 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the
CONSULTANT, OWNER and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being provided to
CONSULTANT. CONSULTANT'S obligation to indemnify and defend under this Article 8 will
survive the expiration or earlier termination of this Agreement until it is determined by final
judgment that an action against the OWNER or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
t�
Packet Page -452-
5/28/2013 16.B.2.
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by CONSULTANT to
meet the requirements of this Agreement shall name Collier County Government, Collier
County, Florida, as an additional insured as to the operations of CONSULTANT under
this Agreement and shall contain a severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse
against OWNER for payment of premiums or assessments for any deductibles which all
are at the sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any insurance or
self-insurance program carried by OWNER applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any
insurance or self-insurance program carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work performed on
behalf of Collier County, or reference this contract number.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and
shall be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each
other for damages covered by insurance to the extent insurance proceeds are paid and
received by OWNER, except such rights as they may have to the proceeds of such insurance
held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
]2
C,q
Packet Page-453-
5/28/2013 16.B.2.
9.5.1. The insurance company must be duly licensed and authorized by the Department
of Insurance of the State of Florida to transact the appropriate insurance business in the
State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of"Class
VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract
with, or use of the services of any other person or firm by CONSULTANT, as independent
consultant or otherwise, shall be subject to the prior written approval of the OWNER. No
provision of this Agreement shall, however, be construed as constituting an agreement
between the OWNER and any such other person or firm. Nor shall anything in this Agreement
be deemed to give any such party or any third party any claim or right of action against the
OWNER beyond such as may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to
assign to the Project to perform the Services required hereunder. Such personnel shall be
committed to this Project in accordance with the percentages noted in Schedule F.
CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on
the Project in Schedule F. All personnel, subconsultants and subcontractors identified in
Schedule F shall not be removed or replaced without OWNER'S prior written consent.
10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
13
CA
Packet Page -454-
5/28/2013 16.B.2.
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub-subconsultants or sub-subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of
this Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and
all claims, except for insurance company subrogation claims, by it against OWNER arising out
of this Agreement or otherwise related to the Project, and except those previously made in
writing in accordance with the terms of this Agreement and identified by CONSULTANT as
unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S
services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights
against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such
default will be considered cause for OWNER to terminate this Agreement, in whole or in part,
as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure
to begin services under the Agreement within the times specified under the Notice(s) to
Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be
provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general
assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S
14
CA
Packet Page -455-
5/28/2013 16.B.2.
principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances,
regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by
the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may
so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7)
calendar days written notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above,
it is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT'S remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to
that portion of the fee earned through the date of termination, together with any retainage
withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to
the termination, but CONSULTANT shall not be entitled to any other or further recovery
against OWNER, including, but not limited to, anticipated fees or profits on work not required to
be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set
forth and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
15
CA
Packet Page -456-
5/28/2013 16.B.2.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered
hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek
an extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such other time as required by Florida's
Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material
obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has
failed to cure such default within fourteen (14) days of receiving written notice of same from
CONSULTANT, then CONSULTANT may stop its performance under this Agreement until
such default is cured, after giving OWNER a second fourteen (14) days written notice of
CONSULTANT's intention to stop performance under the Agreement. If the Services are so
stopped for a period of one hundred and twenty (120) consecutive days through no act or fault
of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any
other persons performing portions of the Services under contract with the CONSULTANT, the
CONSULTANT may terminate this Agreement by giving written notice to OWNER of
CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default
within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may,
upon fourteen (14) additional days'written notice to the OWNER, terminate the Agreement and
recover from the Owner payment for Services performed through the termination date, but in
no event shall CONSULTANT be entitled to payment for Services not performed or any other
damages from Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT, to
16
Cq
Packet Page-457-
5/28/2013 16.B.2.
solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any
person, company, corporation, individual or firm, other than a bona fide employee working
solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration
contingent upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached
hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit
costs supporting the compensation for CONSULTANT'S services to be provided under this
Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement
price was increased due to inaccurate, incomplete, or non-current wage rates and other factual
unit costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such
interest shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
17
Packet Page -458-
5/28/2013 16.B.2.
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by
United States Postal Service Department, first class mail service, postage prepaid, addressed
to the following OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department
3327 Tamiami Trail East
Naples, FL. 34112
Attention: Joanne Markiewicz, Interim Purchasing/General Services Director
Telephone: 239-252-8407
Fax: 239-732-0844
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to
the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed
to the following CONSULTANT'S address of record:
CDM Smith, Inc.
2180 West First Street, Suite 400
Telephone: 239-938-9600 orot Attn: Paul Pinault, P.E.
Fax: 239-938-6418
16.3. Either party may change its address of record by written notice to the other party given
in accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER
and assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
18
Packet Page -459-
5/28/2013 16.B.2.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit
or change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto,
constitutes the entire agreement between the parties hereto and shall supersede, replace and
nullify any and all prior agreements or understandings, written or oral, relating to the matter
set forth herein, and any such prior agreements or understanding shall have no force or effect
whatever on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the
parties shall survive the expiration or termination of this Agreement.
17.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
19
CA
Packet Page-460-
5/28/2013 16.B.2.
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
RFP # 13-5988— lmmokalee Stormwater Improvements Phase II - Terms and
Conditions
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT, to
solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any
person, company, corporation, individual or firm, other than a bona fide employee working
solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration
contingent upon or resulting from the award or making of this Agreement. At the time this
Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-
Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as
Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which
OWNER determines the compensation was increased due to inaccurate, incomplete, or
noncurrent wage rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any
20
Cq
Packet Page -461-
5/28/2013 16.B.2.
goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or public work; may not submit
bids, proposals, or replies on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity; and may not transact business with any public entity in excess of the threshold
amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the
date of being placed on the convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of
CONSULTANT with full decision-making authority and by OWNER'S staff person who would
make the presentation of any settlement reached during negotiations to OWNER for approval.
Failing resolution, and prior to the commencement of depositions in any litigation between the
parties arising out of this Agreement, the parties shall attempt to resolve the dispute through
Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The
mediation shall be attended by representatives of CONSULTANT with full decision-making
authority and by OWNER'S staff person who would make the presentation of any settlement
reached at mediation to OWNER'S board for approval. Should either party fail to submit to
mediation as required hereunder, the other party may obtain a court order requiring mediation
under section 44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21
Packet Page -462-
M
5/28/2013 16.B.2.
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may be amended. Failure by the
CONSULTANT to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement
immediately.
22
Packet Page-463-
5/28/2013 16.B.2.
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for 13-5988 — Design Consulting Services for Immokalee Stormwater Phase II,
the day and year first written above.
OWNER:
ATTEST: COMMUNITY REDEVELOPMENT AGENCY,
COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk
By: By:
Date: Tim Nance, Chairman
Approved as to form and
legal sufficiency:
Assistant County Attorney
CONTRACTOR:
CDM Smith, Inc.
TWO WITNESSES:
By:
Witness
Typed Name and Title
Printed Name and Title
Witness
Printed Name and Title
23
CA
Packet Page -464-
5/28/2013 16.B.2.
SCHEDULE A
SCOPE OF SERVICES
As outlined in the detailed task descriptions below, CONSULTANT will:
Provide construction drawings and specifications based on the 2005 Big Cypress Basin
conceptual design for the "Immokalee Drive Project" as follows:
• Stormwater collection/conveyance and sidewalks along both sides of 5,300 LF (10,600
LF Total) of Immokalee Drive (from Carson Rd to N. 15th St/ US 29). This design should
include a comprehensive asphalt overlay design for the entire area of Immokalee Drive.
• Stormwater collection/conveyance and sidewalks along both sides of 1,315 LF of N. 16th
St. (from Immokalee Dr. to 8th Ave).
• As existing COUNTY owned land / ROW is available and as permitted by the SFWMD,
stormwater conveyance to an outfall. The budget is based on the 2005 Big Cypress
Basin conceptual design that provides conveyance and incidental collection along one
side of 1,320 LF of Wells St. (from Immokalee Dr. to a new weir 1,320 feet south). Based
on a preliminary review of Wells St:
o This location may not be suitable unless additional land or easements are
acquired to provide an outfall to the slough that is further south.
o As the project grant schedule does not allow enough time to acquire new land, if
this outfall location is not feasible, a potential outfall on the west end of Immokalee
Drive will be evaluated.
o If an outfall cannot be identified, the design will include appropriate best
management practices along Immokalee Drive to treat and store/attenuate flows to
24
C,q
Packet Page -465-
5/28/2013 16.B.2.
provide no-net-increase in peak flows or pollutant loading in order to obtain a
SFWMD permit.
• Depending on the outfall location identified and as-needed, a new water quality control
weir at the outfall location.
• Provide an itemized Engineer's Opinion of Probable Construction Costs (OPC)for all
above.
• Provide bidding assistance to the County.
• Provide limited engineering support services during construction.
The following detailed tasks will be completed for the Immokalee Drive Project:
TASK 1 - SITE SURVEY AND CONSTRUCTION DOCUMENTS
Subtask 1.1 - Project Kickoff and Background Information
• Attend project kickoff meeting with the COUNTY.
• Compile and analyze available information from the recent construction as-built drawings
as well as any new information needed and provided by the COUNTY and Immokalee
Water Sewer Authority concerning the existing facilities, including as-built drawings.
Subtask 1.2 - Site Investigations
Conduct a site visit and perform engineering survey to aid in design of the Immokalee Dr.
Project as follows:
• Perform a topographical survey along the approximately 8000LF of the Immokalee Dr.
Project alignment to aid in design.
25
eg
Packet Page -466-
•
5/28/2013 16.B.2.
• Establish all necessary surveying controls (horizontal and vertical) and bench marks.
• Establish a baseline of survey and set reference points.
• Obtain full topography and develop a digital terrain model (DTM).
• Locate all drainage features (pipe sizes, inverts, manholes, inlets, etc.).
• Locate existing above ground utilities within the project limits.
• Locate property and section corners to establish and verify the ROW lines.
• Develop a CAD-level drawing of the right-of way and adjacent properties based on the
existing plats of record which will be the basis of the horizontal control for the project.
Collier County will provide a title search over the subject property limits to identify any
easements of record that may not be indicated on the recorded subdivision plats.
• The topographic survey will establish vertical control based on the NAVD 88 datum.
• Field efforts will confirm the existing ditch cross-sections, soil-boring locations, invert
elevations of structures, and utility locations (underground utility locations will be
completed to the extent that they are able to be marked by others including IWSD and
Sunshine State No Cuts). No VVH's are included in this scope.
• Horizontal control will be based on NAD 83 State Plane Florida East Zone.
• As part of the survey work, right of way (ROW) needs will be identified and a list provided
to the COUNTY.
26
Cq
Packet Page -467-
5/28/2013 16.B.2.
• Perform geotechnical soil and environmental investigations for the Immokalee Dr. Project
sufficient for the design and bidding of the project.
Subtask 1.3 - Design and Construction Documents
The construction documents will include up to 40 design sheets as indicated in Table One
below. Specifications will reference FDOT Standard Specifications for Road and Bridge
Construction (latest edition). Special Provisions will be developed to supplement the
specifications for design elements not covered under the FDOT Standard Specifications.
Table One: Design Sheets Included
Design Sheet Number
Cover 1
General Notes/Abbreviations/Key Sheet 2
Existing Conditions Survey 7
Plan and Profile 14
Survey Control 7
Cross Sections 2
Structures 2
Details 2
SWPPP/Erosion Control 2
MOT 1
Total Sheets 40
Preliminary Design (30%)
CONSULTANT will:
• Identify up to three (3) alternatives for consideration and review for the stormwater and
sidewalk alignments.
• Define the basic design criteria to be used.
• Complete a preliminary hydraulic analysis for the stormwater system using the existing
stormwater model.
27
Packet Page -468-
5/28/2013 16.B.2.
• Prepare preliminary design (30%) and engineer's opinion of probable construction costs
(OPC).
• Submit 30% plans (half-size 11 x 17-inch sheets) and hold a review meeting to discuss
the preliminary design and OPC with the COUNTY. The 30% design will include:
1. Cover Sheet
2. General Notes/Abbreviations/Key Sheet
3. Existing Conditions Survey Sheets
4. Survey Control Sheets
5. Standard Details Sheets
Developed Design (60%)
CONSULTANT will:
• Finalize design criteria requirements.
• Based on COUNTY comments from Task 1, develop plans and OPC to 60% design level
for submittal to COUNTY for review. The 60% design will build on the 30% design and
include the remaining drawing sheets identified in Table 1.
• Provide utility owners within the project limits with 60% submittal for their review and
comments.
• Submit 60% plans (half-size 11 x 17-inch sheets) and hold a review meeting to discuss
with COUNTY.
• Contact jurisdictional regulatory agencies to determine permit requirements.
2s
Packet Page -469-
5/28/2013 16.B.2.
• Contact Utility companies for existing utility information to be included in 90% plans.
• Provide 60% plans for the permit application. Plans will be signed and sealed as-needed
for the application.
Pre-Final Design (90%)
CONSULTANT will:
• Develop 90% design plans and OPC incorporating utility information provided by the
utility owners and COUNTY comments of the 60% design.
• Submit 90% plans (half-size 11 x 17-inch sheets) and hold a review meeting to discuss
with COUNTY.
• Review COUNTY and FDOT specifications referred to in the final drawings. Construction
specifications shall refer to FDOT specifications. The CONSULTANT shall only be
required to prepare Special Provisions or Technical Specifications for items not covered
by FDOT specifications to be incorporated in the COUNTY's front end contract
documents.
• Provide utility coordination for adjustment of utilities.
Final Design (100%)
The CONSULTANT will:
• Develop 100% design plans and OPC incorporating utility adjustment information
provided by utility owners and COUNTY comments of the 90% design.
29 Gip,
Packet Page -470-
5/28/2013 16.B.2.
• Submit 100% construction plans (11 x 17-inch sheets) ready for bidding. In addition, one
full size (22 x 34-inch) reproducible set will be submitted to the COUNTY.
• Prepare quantity take-off, bid schedule and Construction Specifications incorporating
utility information provided by the utility owners or other reviewers.
The CONSULTANT will complete the design to conform to the requirements of grant funding
as required and provide supporting information to the COUNTY if required for grant
reporting.
COUNTY will compile and produce the bid contract and specifications package. The
COUNTY will provide the documents for Divisions 0 and 1. Division 0 is the contract with
contractor that will be selected.
Division 1 is the general and supplemental conditions that refers back to Division 0 and
includes defining project roles, insurance requirements, and how payments will be made.
Subtask 1.4 - Stakeholder Meetings
The CONSULTANT will provide displays to the COUNTY and attend up to three public
meetings.
Subtask 1.5 - Permitting
The CONSULTANT will develop the application and supporting information /analysis for a
SFWMD Environmental Resource Permit (ERP) for construction. The permit process
includes responding to up to two (2) iterations of review comments, minor plan revisions, and
calculations and data related to this project as may be required to obtain the permit. The
permit fee will be paid by the COUNTY.
30
c.�
Packet Page-471-
5/28/2013 16.B.2.
It is not anticipated that design permits will be required by the US Army Corps of Engineers
(USACE), Florida Department of Environmental Protection (FDEP) or Florida Department of
Transportation (FDOT). If needed, they will be covered under a separate scope of work.
In order to meet the grant funding deadline, it may be necessary to split the ERP permitting
into two applications. The first application would be for a Standard General Permit for
Incidental Site Activities (early work) as defined F.A.C. Chapter 40D-40. The time to obtain
this permit is expected to be a month shorter and would allow the COUNTY to start
construction earlier. A second ERP application would be submitted for the outfall and/or best
management practices. To determine if splitting the permit is necessary, the pre-application
meeting with the SFWMD will be held at the start of the project. If a split application is
needed, it is anticipated that the permitting effort will require $10,000 to $20,000 of additional
effort for the second application. This additional effort is not included in the project budget,
but can be shifted from the Task 3 (by reducing some of the Task 3 scope) at the direction
and approval of the COUNTY.
Any construction NPDES permit or dewatering permit will be obtained by the contractor (as
required by the construction contract documents).
Any Collier County construction permits will be obtained by the COUNTY or Contractor
as-needed and appropriate.
TASK 2 - BIDDING AND CONSTRUCTION SERVICES
Subtask 2.1 - Bidding Services
CONSULTANT shall assist COUNTY in obtaining bids for the contract for construction and
limited supporting services during construction including:
• Attend a pre-bid meeting. Meeting will be scheduled, coordinated and led by COUNTY.
31
Packet Page -472-
mak
5/28/2013 16.B.2.
• Provide supporting information and documents to COUNTY for addenda as appropriate
to clarify, correct, or change the Bidding Documents. COUNTY will provide formal
responses to bidders.
• Consult with COUNTY as to the acceptability of subcontractors, suppliers and other
persons and entities proposed by Contractor for those portions of the work as to which
such acceptability is required by the Bidding Documents.
• Provide final cost estimate incorporating design changes due to bidder comments.
COUNTY will prepare bid tabulation sheets, evaluate bids and assemble supporting
documentation for recommendation of awarding contracts for construction. Other typical
tasks related to bidding will be completed by the COUNTY, including advertisement for bids,
maintaining a record of prospective bidders to whom Bidding Documents have been issued,
and receive and process deposits for Bidding Documents. Bidding services will be
considered complete following the bid review process.
Subtask 2.2 - Limited Construction Services
CONSULTANT will provide the following services during construction:
• Provide plan revisions due to unforeseen changes required during the actual construction
phase as needed.
• Review up to thirty (30) shop drawings submitted by the Contractor for compliance with
the construction documents. This item will include up to two reviews per shop drawing
submittal. Maintain a shop drawing log showing submittal number, date received, status
and date of last action.
32
Packet Page -473-
5/28/2013 16.B.2.
• Review and assist in field changes which include minor redesign as requested by the
COUNTY.
• Provide up to three (3) site observation visits of construction at appropriate stages.
• Attend up to three (3) progress meetings with the COUNTY and the Contractor
as-needed.
•Attend one (1) substantial completion walk through with punch list and a final walk
through meeting in the field.
• Submit certification of conformance with permitted plans to the South Florida Water
Management District (SFWMD).
• Provide three (3) paper copies of final as-built drawings and record drawings and one (1)
electronic copy based upon the contractor's markups, visual observations, and certified
record survey.
• COUNTY will perform or hire a separate firm for Construction Engineering and
Inspection (CEI) services and administration of the construction contract. This includes
contract document interpretation. The inspector onsite shall provide copies of daily
reports on a weekly basis to the CONSULTANT. Construction services have been
budgeted for a 180 day construction contract duration. Services beyond this time period
will be scoped separately.
TASK 3 - RECORDS RESEARCH AND EXECUTIVE REPORT
CONSULTANT will:
33
l
Packet Page -474-
5/28/2013 16.B.2.
Review the remaining four (4) projects of the existing ISWMP and related available right-of-way
records, flood records and records of existing utilities for those project areas.
Prepare for and attend two (2) public meetings to gamer input from the community on other
geographic areas of concern not considered in the original ISWMP.
Utilize a qualitative ranking matrix to prioritize the stormwater improvement needs obtained from
the ISWMP and public meetings using the parameters below. CONSULTANT will meet with the
COUNTY to determine the score for each of the parameters.
• Priority needs identified by the Immokalee Community Redevelopment Agency Advisory
Board
• Improvement in Level of Drainage Service
• Improvement in Environmental Quality
• Incentive for Redevelopment Activities
• Budget/Cost
• Land Acquisition Need and Feasibility
• Permitting Complexity
• Adequacy of existing and proposed stormwater outfalls
• Time to Project Completion
34
Packet Page -475-
5/28/2013 16.B.2.
• Benefit to residential land uses (units)
• Benefit to commercial land uses (acres)
• Benefit to agricultural land uses (acres)
• Benefit to conservation/natural land uses (acres)
• Project completion from a downstream to upstream (normal stormwater flow direction)
progression
In cooperation with CRA staff and County Grants Specialist, consider the appropriateness of
available grant programs for each prioritized project in the Master Plan. Provide a separate list
that identifies grant opportunities by project.
Recommend an implementation sequence for the projects.
Prepare an Executive Report summarizing the Task findings, prioritized list of recommended
projects for design and construction, and list illustrating grant opportunities. Coordination with
the CRA Advisory Board will be performed during this task.
TASK 4 - MEETINGS, PROJECT MANAGEMENT, AND QUALITY CONTROL
Activities performed under this task consist of those general functions required to maintain the
project on schedule, within budget, and that the quality of the work products defined within this
scope is consistent with CONSULTANT'S standards and COUNTY's expectations. Specific
activities included are identified below:
• CONSULTANT maintains a QC program on all of your projects. An internal project quality
management planning session will be conducted at the start of the project. This action is
35
Packet Page -476-
w
5/28/2013 16.B.2.
required by CONSULTANT's quality management system (QMS) guidelines. Technical
Review Committee (TRC) meetings are budgeted for and will be performed to review various
percent complete submittals. COUNTY's representatives are invited to attend and participate
at the TRC meetings.
• CONSULTANT's project manager will prepare and submit monthly written status reports for
the anticipated project life.
DELIVERABLES
Services to be provided will comply with procedures (Plan Preparation Manual), design
standards, Florida Greenbook and construction specifications set by the Florida Department of
Transportation (FDOT) and the Federal Highway Administration (FHWA) "Manual on Uniform
Traffic Control Devices" (MUTCD), as updated to date.
Plans will be prepared utilizing Autodesk AutoCAD/Civil 3D, following the NCS "CAD
Standards."
Deliverables will include:
• Executive Report summarizing Task 3 efforts and recommendations.
• Schedule with key milestones.
• Provide one (1) overall CAD file for the Immokalee Dr. Project containing all of the survey
points, line work, symbols, DTM and SUE information (where applicable). This file will be an
AutoCAD Civil 3D file and will be to current Collier County Transportation Division standards
as directed by the COUNTY (attached).
36
,T)
Packet Page -477-
5/28/2013 16.B.2.
• Provide one (1) copy of the final Immokalee Dr. Project plans signed and sealed by a Florida
Professional Engineer.
• Provide one (1) copy of the various design stages of the Immokalee Dr. Project (30 %, 60%,
and 100%) for internal review. Additional copies of those plans shall be submitted to the
utility owners by the CONSULTANT as part of the utility coordination effort.
• Final Opinion of Probable Costs (OPC) for the Immokalee Dr. Project. This OPC document,
as well as the bid sheet (schedule of values), will both contain the anticipated costs
associated with rectifying proposed utility conflicts based on record drawings provided by
local utility providers as well as field observations.
• One (1) hard copy of the final as-built drawings for the Immokalee Dr. Project.
• Design and as-built drawings to comply with Collier County Transportation Services Division
standard specifications. These drawings will be done in AutoCAD Civil 3D.
• Bid documents: 100% design, bid sheet (schedule of values), RFI's (for Immokalee Dr.
Project).
37
Packet Page -478-
5/28/2013 16.B.2.
SCHEDULE B
BASIS OF COMPENSATION
TIME AND MATERIAL
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then-authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1 All monthly status reports and invoices shall be mailed to the attention of:
Clerk's Finance Department Collier County CRA- Immokalee
ATTN: Accounts Payable ATTN: Bradley Muckel, Interim Director
3299 Tamiami Trail E Ste 700 1320 North 15th Street (SR 29)
Naples FL 34112 Immokalee, FL 34142
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly
payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and
Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no
event shall such compensation exceed the amounts set forth in the table below.
Item# Description Not to Exceed Amount
Task 1-Site Survey and Construction Documents
1 Project Kickoff and Background Information $ 8,003.00
2 Site Investigations $ 52,585.00
3 Design and Construction Documents $ 118,220.00
4 Stakeholder Meetings $ 9,100.00
5 Permitting $ 35,615.00
NOT TO EXCEED TOTAL FOR TASK 1 $ 214,423.00
Task 2-Bidding and Construction Services
6 Bidding Services $ 8,260.00
7 Limited Construction Services $ 21,060.00
NOT TO EXCEED TOTAL FOR TASK 2 $ 29,320.00
Task 3-Records Research and Executive Report
8 Review of Background Reports and Information $ 10,921.00
Prioritize Projects and Develop Implementation
9 Plan $ 16,520.00
10 Update Stormwater Master Plan Report $ 29,290.00
38
Packet Page-479-
5/28/2013 16.B.2.
NOT TO EXCEED TOTAL FOR TASK 3 I $ 56,731.00
Task 4-Meetings,Project Management,and Quality Control
11 Quality Control Reviews and Direction $ 6,320.00
12 Project Management and Monthly Status Reports $ 6,060.00
NOT TO EXCEED TOTAL FOR TASK 4 $ 12,380.00
TOTAL FEE FOR ALL TASKS(Total items 1-12) $ 321,954.00
B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid
to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll
related costs and fringe benefits, all in accordance with and not in excess of the rates set
forth in the Attachment Ito this Schedule B.
B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time
records, and any other documentation reasonably required by OWNER, regarding
CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and
approved by OWNER.
B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or
Additional Services without OWNER'S prior written approval.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out-of-pocket expenses incurred in the performance of all such
services.
39
CA
Packet Page-480-
5/28/2013 16.B.2.
B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees and Reimbursable Expenses earned that month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in triplicate in a form and manner required by
Owner. Additionally, the number of the purchase order granting approval for such
services shall appear on all invoices.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non-payment under the legal doctrine of"laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and the Project name and shall not be submitted more than one time monthly.
40
Cq
Packet Page -481-
a
5/28/2013 16.B.2.
B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the
applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage
Owner has determined CONSULTANT has completed such task as of that particular
monthly billing.
B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B.3.5 Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without
mark-up by the CONSULTANT, and shall consist only of the following items:
B.3.5.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and
Specifications.
B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER. Such
expenses, if approved by OWNER, may include coach airfare, standard
accommodations and meals, all in accordance with section 112.061, F.S. Further,
such expenses, if approved by OWNER, may include mileage for trips that are from/to
41
CA
Packet Page-482-
5/28/2013 16.B.2.
destinations outside of Collier or Lee Counties. Such trips within Collier and Lee
Counties are expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4 Expense of overtime work requiring higher than regular rates approved
in advance and in writing by OWNER.
B.3.5.1.5 Expense of models for the County's use.
B.3.4.1.6 Other items on request and approved in writing by the OWNER.
42
CA
Packet Page -483-
5/28/2013 16.B.2.
SCHEDULE B
ATTACHMENT 1
CONSULTANTS EMPLOYEE HOURLY RATE SCHEDULE
Professional Services
VP/Associate $215
Principal $195
Sr. Project Manager/ $165
Sr. Engineer $155
Engineer/Professional II $140
Engineer/Professional I $119
Professional Support Services
Senior Support Services $115
Staff Support Services $90
Field Services
Two Man Survey Crew $130
Surveyor/ Mapper $130
Senior Professional $115
Professional $85
Project Support Services
Senior Project Administration $90
Staff Project Administration $60
This list is not intended to be all inclusive. Hourly rates for other categories of professional,
support and other personnel services shall be mutually negotiated by Collier County and firm as
needed for the project.
END OF SCHEDULE B.
43
CAO
Packet Page -484-
5/28/2013 16.B.2.
SCHEDULE C
PROJECT MILESTONE SCHEDULE
1. Task 1 — Site Survey and Construction Documents— 123 days from Notice to Proceed.
2. Task 2 — Bidding and Construction Services—151 days for individual task. 274 total
days from Notice to Proceed.
3. Task 3 — Records Research and Executive Report—274 days from Notice to Proceed.
4. Task 4— Meetings, Project Management, and Quality Control—As needed.
END OF SCHEDULE C
44
CA,0
Packet Page -485-
5/28/2013 16.B.2.
SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any
of the below listed minimum required coverages, CONSULTANT must identify on the Certificate
of Insurance the nature and amount of such self-insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24)
hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
45
Cq
Packet Page -486-
5/28/2013 16.B.2.
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand,
OWNER has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall
be under no obligation to purchase such insurance, nor shall it be responsible for the coverages
purchased or the insurance company or companies used. The decision of the OWNER to
purchase such insurance coverages shall in no way be construed to be a waiver of any of its
rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
46
C,q
Packet Page -487-
5/28/2013 16.B.2.
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of
the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one, if applicable)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
Applicable X Not Applicable
47
C'A
Packet Page -488-
5/28/2013 16.B.2.
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
Applicable X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X Yes No
(1) Commercial General Liability Insurance, written on an `occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
General Aggregate $300,000
Products/Completed Operations Aggregate $300,000
Personal and Advertising Injury $300,000
Each Occurrence $300,000
Fire Damage $ 50,000
General Aggregate $500,000
Products/Completed Operations Aggregate $500,000
Personal and Advertising Injury $500,000
Each Occurrence $500,000
Fire Damage $ 50,000
X General Aggregate $2,000,000
Products/Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $2,000,000
Each Occurrence $2,000,000
Fire Damage $ 50,000
48
Packet Page -489-
5/28/2013 16.B.2.
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self-insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his/her designee.
(3) The OWNER, Collier County Government, shall be named as an Additional Insured
and the policy shall be endorsed that such coverage shall be primary to any similar coverage
carried by the OWNER.
(4) Coverage shall be included for explosion, collapse or underground property damage
claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Applicable X Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Applicable X Not Applicable
49
Packet Page -490-
5/28/2013 16.B.2.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? X Yes No
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less
than:
Bodily Injury& Property Damage -$ 500,000
X Bodily Injury & Property Damage -$2,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? Yes X No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
50
CA
Packet Page-491-
5/28/2013 16.B.2.
$ 500,000 each claim and in the aggregate
$1,000,000 each claim and in the aggregate
$2,000,000 each claim and in the aggregate
$5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
51 C�
Packet Page -492-
5/28/2013 16.B.2.
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project-specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
c. Current deductibles/self-insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
52
Packet Page-493-
.
5/28/2013 16.B.2.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
53 ry
Packet Page -494-
5/28/2013 16.B.2.
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, CDM Smith, Inc. hereby certifies that wages, rates and other factual unit costs
supporting the compensation for the services of the CONSULTANT to be provided under the
Professional Services Agreement, concerning 13-5988 — Design Consulting Services for
Immokalee Stormwater Improvements - Phase II are accurate, complete and current as of the
time of contracting.
CDM Smith, Inc.
BY:
TITLE:
DATE:
54
Packet Page-495-
5/28/2013 16.B.2.
SCHEDULE F
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
Key Personnel Position Time(%)Allocation
Paul Pinault, P.E. VP/Associate 1
W. Kirk Martin, P.G. VP/Associate 0.5
Mike Schmidt, P.E., BCEE VP/Associate 0.5
Brian Mack, P.E., D.WRE VP/Associate 1
Scott McClelland VP/Associate 1
James Wittig, P.E. Principal 3
Timothy Verwey P.E. Principal 0.5
Diane Kemp Principal 0.5
Marc Stonehouse P.E. Sr. Project Manager 12.5
Danielle Honour P.E. Sr. Engineer 2.5
Nick Charnas III P.E. Engineer/Professional II 15
Benjamin Pernezny Engineer/Professional II 10
Kristopher Samples Engineer Professional I 20
Ashan Nabbie Senior Project Administration 5
Linda Kraczon Staff Project Administration 20
Subconsultants
Agnoli, Barber& Brundage Inc. (ABB) Engineering Subconsultant
Boylan Environmental Consultants, Inc. (BEC) Environmental Subconsultant
YPC Consulting Group, PL(YPC)Geotechnical Subconsultant
55 t
Packet Page -496-
5/28/2013 16.B.2.
REQUEST FOR PROPOSALS
In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act.
w..
r
CArcer County r� 1111111 {a
Admini&ative Services Division Ii i1
Purchasing
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
13-5988 — Immokalee Stormwater Improvements
Phase II
Adam Northrup, Procurement Strategist
239-252-6098(Telephone)
239-2526302(Fax)
adamnorthrup @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.
PtathasN Devatreq?•3327 Taroiam,Ire East•Naales.Flora 34112-493`•rrww.coihergo •etpurchasir.
Packet Page-497-
5/28/2013 16.B.2.
Table of Contents
LEGAL NOTICE 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT 4
EXHIBIT IA: GRANT CONDITIONS AND FORM 13
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 18
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP 22
ATTACHMENT 1: VENDOR'S NON-RESPONSE STATEMENT 29
ATTACHMENT 2: VENDOR CHECK LIST 30
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT 31
ATTACHMENT 4: VENDOR DECLARATION STATEMENT 32
ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION 34
ATTACHMENT 6: VENDOR SUBSTITUTE W—9 35
ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS 36
ATTACHMENT 8: REFERENCE QUESTIONNAIRE 38
ATTACHMENT 9: AFFIDAVIT AND CERTIFICATION FOR CLAIMING STATUS AS A 39
SECTION 3 BUSINESS FOR FORMAL SOLICITATIONS 39
ATTACHMENT 10: GRANTING AGENCY REQUIREMENTS 40
Packet Page-498-
5/28/2013 16.B.2.
Co ler County
Administrate Services Division
Purchasing
Legal Notice
Pursuant to approval by the County Manager, sealed proposals to provide design and
preparation of bid documents for Immokalee Stormwater Improvements, will be received until
3:00PM, Naples local time, on February 13, 2013 at the Collier County Government,
Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.
CCNA Solicitation
13-5988—Immokalee Stormwater Improvements, Phase II
Services to be provided may include, but not be limited to the following: Hydrologic analysis, design,
surveying, permitting, opinion of probable costs (OPC) and bidding assistance.
A non-mandatory pre-proposal conference will be held on January 24, 2013, commencing
promptly at 3:30PM Naples local time and will be held in the Collier County Government,
Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112
All statements shall be made upon the official proposal form which must be obtained only on the
Collier County Purchasing Department E-Procurement website: www.colliergov.net/bid.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: /S/ Joanne Markiewicz
Interim Purchasing & General Services Director
This Public Notice was posted on the Collier County Purchasing Department website:
www.colliergov.net/purchasinq and in the Lobby of Purchasing Building "G", Collier County
Government Center on 01/16/2013.
Packet Page-499-
5/28/2013 16.B.2.
Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Community Redevelopment Agency (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 firms 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 herein.
Brief Description of Purchase
This solicitation is intended to collect proposals from qualified firms to provide for design and
consultation services, including the preparation of construction documents to achieve the follow
two objectives:
1) Alleviate flooding conditions within the project area; and,
2) Reduce the amount of contaminants in the stormwater that ultimately ends up in
downstream waters of the Lake Trafford Slough.
Background
In 2005 H. W. Lochner, Inc. created The Immokalee Stormwater Master Plan (ISWMP) as
commissioned by The South Florida Water Management District's Big Cypress Basin in order to
address historical flooding and water quality issues in Immokalee. The study involved an
analysis of problems and needs, data collection, hydrologic and hydraulic modeling, water
quality analysis, evaluation of alternative solutions, initial cost estimates and development of
conceptual designs.
That overarching Plan included six individual projects located throughout the Immokalee Urban
Designated Area. Since 2009 The Collier County Community Redevelopment Agency (CRA)
has been implementing the Plan on a project-by-project basis. The six projects identified in the
Plan are:
1. Downtown Immokalee
2. Immokalee Drive
3. Madison Ditch
4. Slough Cross Drain Additions
5. Lake Trafford Road Culvert Upgrades
6. Fish Creek
The Downtown Immokalee drainage improvement project is currently nearing completion.
Detailed Scope of Work
INTRODUCTION
The Collier County CRA now intends, through this solicitation, to 1) provide design and
consultation services to prepare bid documents for the project known as Immokalee Drive (in its
entirety), 2) to make additional drainage and sidewalk improvements to the Downtown Project
Packet Page-500-
5/28/2013 16.B.2.
area as the budget allows, and 3) to evaluate and rank the remaining projects and other
geographic problem areas not addressed in the ISWMP. This will require hydrologic analysis,
design, surveying, permitting, opinion of probable costs (OPC) and bidding assistance.
TASKS: (intended to be completed in order listed)
Task I —Site Survey and Construction Documents
• The consultant will design and prepare the construction plans and specifications for the
Immokalee Drive project. The design in intended to include sidewalks wherever possible.
• The consultant will also design and prepare sidewalk construction plans within the
recently completed Downtown Immokalee Project Area wherever possible, based on
existing right-of-way space and impervious capacity of the existing stormwater
conveyance system. These designs should include details related to drainage
improvements required to accommodate the proposed sidewalk.
• Define the general service area for the project, the beneficiaries and the objectives.
These objectives need to define the role of the project in achieving stormwater
management/flood mitigation and water quality. Clear definition of environmental
objectives regarding pollution and flood reduction should be communicated.
• The consultant will provide survey and professional engineering services necessary to
prepare, submit, and secure permits.
o Horizontal control will be based on NAD 83 State Plan Florida East Zone and
vertical control in NAVD 88.
o Locate property and section corners to establish and verify the ROW or existing
easement lines.
o Prepare an engineer's opinion of probable cost (30%) and provide project
schedule.
o Prepare complete plans incorporating all utility information provided by the utility
owners, and identify and resolve conflicts with stormwater facilities.
o Analyze the record drawings provided by The Immokalee Water& Sewer District
(IW&SD) and identify all potential conflicts with the proposed drainage system on
the plans.
o Consult with the Big Cypress Basin Board of the SFWMD and provide grant
compliance.
o Attend 60% and 90% design progress meetings with client to review complete
plans and incorporate comments provided by all reviewers.
o Provide revised/updated cost estimates at 30%, 60%, 90% and 100% design
phases complete with utility conflict line items.
Packet Page-501-
5/28/2013 16.B.2.
• The workshould include consultant services to cover project's design as it relates to
ecological compliance, geotechnical evaluation to quantify possible unsuitable materials
excavation/hauling, road crossings and driveway restorations should it be necessary for
construction, and hydrological evaluation.
• Prepare for and assist with three public meetings (in addition to meetings required for
task one.) -
• Prepare and submit all required permit packages for the Immokalee Drive infrastructure
improvement project and Downtown Sidewalks, including but not limited to: SFWMD
ERP, FDOT/Right-of-way, SFWMD dewatering, and FDEP wastewater. The permit
process includes attending up to 3 meetings with the permitting agencies, responding to
review comments, plan revisions, calculations, and reports as may be required to obtain
the permits.
• Prepare final plans incorporating all utility information provided by the utility owners or
other reviewers, quantity take-off, bid schedule and construction specifications along
with an engineer's opinion of probable cost.
• Plan preparation requirements
o Utilize current design standards and construction specifications set by the Florida
Department of Transportation (FDOT), to the greatest extent possible.
o Required plan production software is Autodesk AutoCAD/Civil 3D, following the
NCS "CAD Standards".
o On the plans, identify all needed parcels for permanent as well as temporary
easements; provide "Sketch and Legals."
Task II — Project Bidding and Construction Assistance
• Assist during the bidding phase of the project: generate bid docs and attend the pre-bid
conference to respond to questions or issues raised by potential bidders. Addenda
preparation as required.
• Provide final cost estimate incorporating design changes due to bidder comments.
• Assist during the construction phase of the project as needed: Provide engineering
design clarification, construction advice, shop drawing review and approval, and any
plan revisions due to changes required during the actual construction phase as needed.
• Provide three (3) paper copies of final as-built drawings and record drawings and one
electronic copy.
• Complete South Florida Water Management District completion certification.
Task III — Records Research and Executive Report
Packet Page-502-
5/28/2013 16.B.2.
• Review the remaining projects within the existing Immokalee Stormwater Master Plan,
available right-of-way records, flood records and records related to existing utilities.
• Prepare for and attend two (2) public meetings to garner input from the community on
other geographic areas not considered in the original Lochner SWMP.
• Utilize a ranking matrix to prioritize the stormwater improvement needs obtained from
the Immokalee Stormwater Master Plan and public meetings using the following
parameters:
o Priority needs identified by the Immokalee Community Redevelopment Agency
Advisory Board
o Improvement in Level of Drainage Service
o Improvement in Environmental Quality
o Incentive for Redevelopment Activities
o Budget/Cost
o Land Acquisition Need and Feasibility
o Permitting Complexity
o Adequacy of existing and proposed stormwater outfalls
o Time to Project Completion
o Benefit to residential land uses (units)
o Benefit to commercial land uses (acres)
o Benefit to agricultural land uses (acres)
o Benefit to conservation/natural land uses (acres)
o Project completion from a downstream to upstream (normal stormwater flow
direction) progression.
• In cooperation with CRA staff and County Grants Specialist, consider the
appropriateness of available grant programs for each prioritized project in the Master
Plan. Provide a separate list that identifies grant opportunities by project.
• Recommend an implementation sequence for the projects.
Prepare an Executive Report summarizing the Task III findings, prioritized list of recommended
projects for design and construction, and list illustrating grant opportunities. Coordination with
the CRA Advisory Board must be performed during this task.
MINIMUM DELIVERABLES:
• Executive Report
• Schedule (should include the following minimum milestones):
o Records Research (Stormwater Master Plan, IW&SD Record Drawings, Existing
Utility Infrastructure, ROW Ownership Documentation)
o Surveying
o 30% Design
o 60% Design
o 90% Design
o Permitting
Packet Page-503-
5/28/2013 16.B.2.
o Right of Way Acquisition
o Bid Documents (100% design)
o Construction Activity Phase
o Final South Florida Water Management District completion certification
• Provide one (1) overall CAD file for the Immokalee Drive project containing all of the
survey points, line work, symbols, DTM and SUE information (where applicable). This
file will be an AutoCAD Civil 3D file and will be to current Collier County Transportation
Division standards as directed by the County (attached).
• Provide one (1) copy of the final Immokalee Drive plans signed and sealed by a Florida
Professional Engineer.
• Provide one (1) copy of the various design stages of the Immokalee Drive project (30 %,
60%, and 100%) for internal review. Additional copies of those plans shall be submitted
to the utility owners by the consultant as part of the utility coordination effort.
• Final Opinion of Probable Costs (OPC) for Immokalee Drive.
• One (1) hard copy of the final as-built drawings for Immokalee Drive.
• Design and as-built drawings to comply with Collier County Transportation Services
Division standard specifications. These drawings will be done in AutoCAD Civil 3D.
• Bid documents: 100% design, bid sheet (schedule of values), RFI's (for lmmokalee Drive
project).
All of the above tasks are meant to serve as a general outline of anticipated steps needed to
accomplish project goals. It is recognized that adjustment to this Scope of Services may be
need to be negotiated prior to the execution of the final contractbetween the CRA and
consultant.
Term of Contract
The contract term, if an award(s) is/are made is intended to be for current needs only.
Prices shall remain firm for the initial term of this contract. Requests for consideration of a
price adjustment must be made on the contract anniversary date, in writing, to the
Purchasing Director. Price adjustments are dependent upon budget availability and 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
Packet Page -504-
5/28/2013 16.B.2.
Issue Solicitation Notice 01/16/2013
Last Date for Receipt of Written Questions 3:00PM, 02/04/2013
Non-mandatory pre-solicitation meeting 3:00PM, 01/24/2013
Solicitation Deadline Date and Time 02/13/2013, 3:00pm
Naples Local Time
Anticipated Evaluation of Submittals Week of 02/18/2013
Consultant Presentations if Required Week of 02/25/2013
Anticipated Completion of Contract Negotiations Week of 03/04/2013
Anticipated Board of County Commissioner's Contract March 2013
Approval Date
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 shall be submitted with each proposal and should be submitted in the
order shown. Each section should be clearly labeled, with pages numbered and separated
by tabs. Failure by a Consultant to include all listed items may result in the rejection of its
proposal.
1. Tab I, Cover Letter/ Management Summary
Provide a cover letter, signed by an authorized officer of the firm, indicating the
underlying philosophy of the firm in providing the services stated herein. Include the
name(s), telephone number(s) and email(s) of the authorized contact person(s)
concerning proposal. Submission of a signed Proposal is Consultant's certification that
the Consultant will accept any awards as a result of this RFP.
2. Tab II, Business Plan (25 points)
In this tab, include (7-10 pages):
• Description of the proposed contract team and the role to be played by each
member of the proposed team.
Packet Page -505-
5/28/2013 16.B.2.
• Detailed plan of approach (including major tasks and sub-tasks).
• Detailed time line for completion of the project.
• Include with the Business Plan or as an attachment, a copy of a report as an
example of work product. This should be for one of the projects listed as a
reference.
3. Tab III, Experience and Capacity of Firm (30 points)
Provide information that documents your firm's and subcontractors' qualifications to
produce the required deliverables, including abilities, capacity, skill, and financial
strength, and number of years of experience in providing the required services. Also
describe the various team members' successful experience in working with one another
on previous projects.
List Current Projects in the Format Identified Below
Project Original Final Project Number of
Start Date End Date Change
Description Budget Cost Orders
4. Tab IV, Specialized Expertise of Team Members (25 points)
Attach resumes of all proposed project team members who will be involved in the
management of the total package of services, as well as the delivery of specific services.
The same should be done for any sub-consultants. If sub-consultants are being utilized,
letters of intent from stated sub-consultants must be included with proposal submission.
5. Tab V, References—5 Completed and Returned (20 points)
In order for the Consultant to be awarded any points for this tab, the County requests
that the Consultant submits five (5) completed reference forms from clients whose
projects are of a similar nature to this solicitation as a part of their proposal. The County
will only use the methodology calculations for the first five (5) references (only)
submitted by the Consultant in their proposal.
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each Consultant's information provided in this area:
• The County shall total each of the Consultant's five reference questionairs and
create a ranking from highest number of points to lowest number of points.
References marked with an N/A (or similar notation will be given the score of zero
(0)). Consultants who do not turn in reference forms will be counted as zero (0).
• The greatest number of points allowed in this criterion will be awarded to the
Consultant who has the highest score.
• The next highest Consultant's number of points will be divided by the highest
Consultant's points which will then be multiplied by criteria points to determine the
Consultant's points awarded. Each subsequent Consultant's point score will be
calculated in the same manner.
• Points awarded will be extended to the 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.
Packet Page-506-
5/28/2013 16.B.2.
Consultant Total
Consultant Name Points Awarded
Reference Score
Consultant ABC 445 20
Consultant DEF 435 19.6
Consultant GHI 425 19.1
Consultant JKL 385 17.3
Consultant MNO 385 17.3
Consultant PQR 250 11.2
Note:Sample chart reflects a 20 point reference criterion.
The points awarded by Consultant will be distributed to the Selection Committee prior to
their evaluation of the proposals. The Selection Committee will review the Consultant's
proposal to ensure consistency and completion of all tasks in the RFP, and review the
Points Awarded per Consultant. The Selection Committee may, at their sole discretion,
contact references, and/or modify the reference points assigned after a thorough review
of the proposal and prior to final ranking by the final Selection Committee.
6. Tab VI, Acceptance of Conditions
Indicate any exceptions to the general terms and conditions of the RFP, and to
insurance requirements or any other requirements listed in the RFP. If no exceptions are
indicated in this tabbed section, it will be understood that no exceptions to these
documents will be considered after the award, or if applicable, during negotiations.
Exceptions taken by a Consultant may result in evaluation point deduction(s) and/or
exclusion of proposal for Selection Committee consideration, depending on the extent of
the exception(s). Such determination shall be at the sole discretion of the County and
Selection Committee.
7. Tab VII, Required Form Submittals
• Attachment 2: 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 9
• Attachment 7: Insurance Requirements
• Attachment 8: Reference Questionnaire
• CDBG Supplemental: Certification Regarding Debarment, Suspension, and
Other Responsibility Matters Primary Covered Transactions
• CDBG Supplemental: Certification Regarding Debarment, Suspension,
Ineligibility And Voluntary Exclusion Lower Tier Covered Transactions
• CDBG Supplemental: Affidavit for and Certification for Claiming Status as a
Section 3 Business
• CDBG Supplemental: General Grant Clauses
• CDBG Supplemental: Acknowledgement of Religious Organization
Requirements 24 CFR 570.200(j)
• CDBG Supplemental: Conflict of Interest Affidavit
• CDBG Supplemental: Certification for a Drug Free Workplace
Packet Page-507-
5/28/2013 16.B.2.
• CDBG Supplemental: Disclosure of Lobbying Activities
• Other: License, certifications, informational materials, etc.
8. Tab VIII, Section 3 Requirements (4-5 20 points)
• Provides evidence of Section 3 Certification (15 points), ec and
• Identifies commitment to train Section 3 residents (5 points)
Packet Page-508-
5/28/2013 16.B.2.
Exhibit IA: Grant Conditions and Form
Attached, and included by reference are the Grant Conditions and Forms and
downloaded at the County's Online Bidding System.
Packet Page-509-
5/28/2013 16.B.2.
Exhibit II: General RFP Instructions
1. Questions
Direct questions related to this RFP to the Collier County Purchasing Department E-
Procurement website: www.colliergov.net/bid.
Consultants must clearly understand that the only official answer or position of the County
will be the one stated on the Collier County Purchasing Department E-Procurement website.
For general questions, please call the referenced Procurement Strategist noted on the cover
page.
2. Pre-Proposal Conference
The purpose of the pre-proposal conference is to allow an open forum for discussion and
questioning with County staff regarding the RFP with all prospective Consultants having an
equal opportunity to hear and participate. Oral questions will receive oral responses, neither
of which will be official, nor become part of the RFP. Only written responses to written
questions will be considered official, and will be included as part of the RFP as an
addendum.
All prospective Consultants are strongly encouraged to attend, as, this will usually be the
only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted
as "mandatory", prospective Consultants must be present in order to submit a proposal
response.
3. Compliance with the RFP
Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of
the RFP may result in disqualification.
4. Ambiguity, Conflict, or Other Errors in the RFP
It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity,
conflict, discrepancy, omission or other error in the RFP, to immediately notify the
Procurement Strategist, noted herein, of such error in writing and request modification or
clarification of the document prior to submitting the proposal. The Procurement Strategist will
make modifications by issuing a written revision and will give written notice to all parties who
have received this RFP from the Purchasing Department.
5. Proposal, Presentation, and Protest Costs
The County will not be liable in any way for any costs incurred by any Consultant in the
preparation of its proposal in response to this RFP, nor for the presentation of its proposal
and/or participation in any discussions, negotiations, or, if applicable, any protest
procedures.
6. Delivery of Proposals
Packet Page-510-
5/28/2013 16.B.2.
All proposals are to be delivered before 3:00PM, Naples local time, on or before Wednesday
February 13th, 2013 to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Adam Northrup Procurement Strategist
The County shall 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, shall reserve 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
shall 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 13-5988—Immokalee
Stormwater Improvements, Phase II and six(6) compact disks (CD's)with one copy of the
proposal on each CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of
the box or envelope.
7. Validity of Proposals
No proposal can be withdrawn after it is filed unless the Consultant makes their request in
writing to the County prior to the time set for the closing of Proposals. All proposals shall be
valid for a period of one hundred eighty (180) days from the submission date to
accommodate evaluation and selection process.
8. Method of Source Selection
The County is using the Competitive Sealed Proposals methodology of source selection for
this procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution
Number 2006-268 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.
Packet Page-511-
5/28/2013 16.B.2.
The County's procedure for selecting is as follows:
1. The County Manager shall appoint a Selection Committee to review all proposals
submitted.
2. Request for Proposals issued.
3. Subsequent to the closing of proposals, the Procurement Strategist and Project
Manager shall review the proposals received and verify whether each proposal
appears to be minimally responsive to the requirements of the published RFP.
4. Meetings shall be open to the public and the Procurement Strategist shall publicly
post prior notice of such meeting in the lobby of the Purchasing Building at least one
(1) day in advance of all such meetings.
5. The committee members shall 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 shall be posted in the lobby of the Purchasing Building not less than
three (3) working days prior to the meeting. The Procurement Strategist shall also
post prior notice of all subsequent committee meetings and shall 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, Would the
project manager expect to have presentations/interviews? If yes, you might want to
consider adding criteria for presentation/interview interviews, or oral presentations.
8. The Selection Committee, as approved by the County Manager, will review, evaluate
and rank all responsive proposals received from Proposers responding to this RFP.
The committee members shall 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 does not preclude the County from having
additional presentations by ranked firms.
9. The Selection Committee will rank qualified firms in order of preference and by
consensus using all information presented to the Committee, choose the top ranked
firm and will subsequently enter into negotiations with the top ranked firm. Award of
the contract is dependent upon the successful and full execution of a mutually
agreed contract.
10. Negotiations shall begin with the top-ranked firm(s) in accordance with Florida
Statute 287.055.
11. Upon the successful completion of negotiations, contracts will be presented to the
Board of County Commissioners for approval.
The County reserves the right to withdraw this RFP at any time and for any reason, and
to issue such clarifications, modifications, addendums, and/or amendments as it may
deem appropriate, including, but not limited, to requesting supplemental proposal
information.
Packet Page-512-
5/28/2013 16.B.2.
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
shall not be considered.
10. References
The County reserves the right to contact any and all references submitted as a result of this
solicitation.
11. Proposal Selection Committee and Evaluation Factors
The County Manager shall appoint a Selection Committee to review all proposals submitted.
The factors to be considered in the evaluation of proposal responses are listed below.
Business Plan 25 points
Experience and Capacity of the Firm 30 points
Specialized Expertise of Team Members 25 points
References 20 points
Section 3 Criteria 20 Points
TOTAL 4-00-120 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 the County of Collier.
Any proposal which is incomplete, conditional, obscure or which contains irregularities of
any kind, may be cause for rejection. In the event of default of the successful 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.
Packet Page-513-
5/28/2013 16.B.2.
Exhibit III: Collier County Purchase Order Terms and Conditions
1. Offer regulations. Risk of loss of any goods
This offer is subject to cancellation by the sold hereunder shall transfer to the
COUNTY without notice if not accepted by COUNTY at the time and place of
VENDOR within fourteen (14) days of delivery; provided that risk of loss prior
issuance. to actual receipt of the goods by the
COUNTY nonetheless remain with
2. Acceptance and Confirmation VENDOR.
This Purchase Order (including all b) No charges will be paid by the COUNTY
documents attached to or referenced for packing, crating or cartage unless
therein) constitutes the entire agreement otherwise specifically stated in this
between the parties, unless otherwise Purchase Order. Unless otherwise
specifically noted by the COUNTY on the provided in Purchase Order, no invoices
face of this Purchase Order. Each delivery shall be issued nor payments made
of goods and/or services received by the prior to delivery. Unless freight and
COUNTY from VENDOR shall be deemed to other charges are itemized, any
be upon the terms and conditions contained discount will be taken on the full amount
in this Purchase Order. of invoice.
c) All shipments of goods scheduled on the
No additional terms may be added and same day via the same route must be
Purchase Order may not be changed except consolidated. Each shipping container
by written instrument executed by the must be consecutively numbered and
COUNTY. VENDOR is deemed to be on marked to show this Purchase Order
notice that the COUNTY objects to any number. The container and Purchase
additional or different terms and conditions Order numbers must be indicated on bill
contained in any acknowledgment, invoice of lading. Packing slips must show
or other communication from VENDOR, Purchase Order number and must be
notwithstanding the COUNTY'S acceptance included on each package of less than
or payment for any delivery of goods and/or container load (LCL) shipments and/or
services, or any similar act by VENDOR. with each car load of equipment. The
COUNTY reserves the right to refuse or
3. Inspection return any shipment or equipment at
All goods and/or services delivered VENDOR'S expense that is not marked
hereunder shall be received subject to the with Purchase Order numbers.
COUNTY'S inspection and approval and VENDOR agrees to declare to the
payment therefore shall not constitute carrier the value of any shipment made
acceptance. All payments are subject to under this Purchase Order and the full
adjustment for shortage or rejection. All invoice value of such shipment.
defective or nonconforming goods will be d) All invoices must contain the Purchase
returned pursuant to VENDOR'S instruction Order number and any other specific
at VENDOR'S expense. information as identified on the
Purchase Order. Discounts of prompt
To the extent that a purchase order requires payment will be computed from the date
a series of performances by VENDOR, the of receipt of goods or from date of
COUNTY prospectively reserves the right to receipt of invoices, whichever is later.
cancel the entire remainder of the Purchase Payment will be made upon receipt of a
Order if goods and/or services provided proper invoice and in compliance with
early in the term of the Purchase Order are Chapter 218, Fla. Stats., otherwise
non-conforming or otherwise rejected by the known as the "Local Government
COUNTY. Prompt Payment Act," and, pursuant to
4. Shipping and Invoices the Board of County Commissioners
a) All goods are FOB destination and must Purchasing Policy.
be suitably packed and prepared to
secure the lowest transportation rates 5. Time Is Of the Essence
and to comply with all carrier
Packet Page-514-
5/28/2013 16.B.2.
Time for delivery of goods or performance of the Occupational Health and Safety Act, the
services under this Purchase Order is of the Federal Transportation Act and the Fair
essence. Failure of VENDOR to meet Labor Standards Act, as well as any law or
delivery schedules or deliver within a regulation noted on the face of the Purchase
reasonable time, as interpreted by the Order.
COUNTY in its sole judgment, shall entitle
the COUNTY to seek all remedies available 9. Advertising
to it at law or in equity. VENDOR agrees to No VENDOR providing goods and services
reimburse the COUNTY for any expenses to the COUNTY shall advertise the fact that
incurred in enforcing its rights. VENDOR it has contracted with the COUNTY for
further agrees that undiscovered delivery of goods and/or services, or appropriate or
nonconforming goods and/or services is not make use of the COUNTY'S name or other
a waiver of the COUNTY'S right to insist identifying marks or property without the
upon further compliance with all prior written consent of the COUNTY'S
specifications. Purchasing Department.
6. Changes 10. Indemnification
The COUNTY may at any time and by VENDOR shall indemnify and hold harmless
written notice make changes to drawings the COUNTY from any and all claims,
and specifications, shipping instructions, including claims of negligence, costs and
quantities and delivery schedules within the expenses, including but not limited to
general scope of this Purchase Order. attorneys' fees, arising from, caused by or
Should any such change increase or related to the injury or death of any person
decrease the cost of, or the time required for (including but not limited to employees and
performance of the Purchase Order, an agents of VENDOR in the performance of
equitable adjustment in the price and/or their duties or otherwise), or damage to
delivery schedule will be negotiated by the property (including property of the COUNTY
COUNTY and VENDOR. Notwithstanding or other persons), which arise out of or are
the foregoing, VENDOR has an affirmative incident to the goods and/or services to be
obligation to give notice if the changes will provided hereunder.
decrease costs. Any claims for adjustment
by VENDOR must be made within thirty (30) 11. Warranty of Non-Infringement
days from the date the change is ordered or VENDOR represents and warrants that all
within such additional period of time as may goods sold or services performed under this
be agreed upon by the parties. Purchase Order are: a) in compliance with
applicable laws; b) do not infringe any
7. Warranties patent, trademark, copyright or trade secret;
VENDOR expressly warrants that the goods and c) do not constitute unfair competition.
and/or services covered by this Purchase
Order will conform to the specifications, VENDOR shall indemnify and hold harmless
drawings, samples or other descriptions the COUNTY from and against any and all
furnished or specified by the COUNTY, and claims, including claims of negligence, costs
will be of satisfactory material and quality and expense, including but not limited to
production, free from defects and sufficient attorneys' fees, which arise from any claim,
for the purpose intended. Goods shall be suit or proceeding alleging that the
delivered free from any security interest or COUNTY'S use of the goods and/or
other lien, encumbrance or claim of any third services provided under this Purchase Order
party. These warranties shall survive are inconsistent with VENDOR'S
inspection, acceptance, passage of title and representations and warranties in section 11
payment by the COUNTY. (a).
8. Statutory Conformity If any claim which arises from VENDOR'S
Goods and services provided pursuant to breach of section 11 (a) has occurred, or is
this Purchase Order, and their production likely to occur, VENDOR may, at the
and transportation shall conform to all COUNTY'S option, procure for the COUNTY
applicable laws, including but not limited to the right to continue using the goods or
Packet Page-515-
5/28/2013 16.B.2.
services, or replace or modify the goods or this Purchase Order, VENDOR shall
services so that they become non-infringing, immediately give notice thereof, including all
(without any material degradation in relevant information with respects to what
performance, quality, functionality or steps VENDOR is taking to complete
additional cost to the COUNTY). delivery of the goods and/or services to the
COUNTY.
12. Insurance Requirements
The VENDOR, at its sole expense, shall 15. Assignment
provide commercial insurance of such type VENDOR may not assign this Purchase
and with such terms and limits as may be Order, nor any money due or to become due
reasonably associated with the Purchase without the prior written consent of the
Order. Providing and maintaining adequate COUNTY. Any assignment made without
insurance coverage is a material obligation such consent shall be deemed void.
of the VENDOR. All insurance policies shall
be executed through insurers authorized or 16. Taxes
eligible to write policies in the State of Goods and services procured subject to this
Florida. Purchase Order are exempt from Florida
sales and use tax on real property, transient
13. Compliance with Laws rental property rented, tangible personal
In fulfilling the terms of this Purchase Order, purchased or rented, or services purchased
VENDOR agrees that it will comply with all (Florida Statutes, Chapter 212), and from
federal, state, and local laws, rules, codes, federal excise tax.
and ordinances that are applicable to the
conduct of its business. By way of non- 17. Annual Appropriations
exhaustive example, this shall include the The COUNTY'S performance and obligation
American with Disabilities Act and all to pay under this Purchase Order shall be
prohibitions against discrimination on the contingent upon an annual appropriation of
basis of race, religion, sex creed, national funds.
origin, handicap, marital status, or veterans'
status. Further, VENDOR acknowledges 18. Termination
and without exception or stipulation shall be This Purchase Order may be terminated at
fully responsible for complying with the any time by the COUNTY upon 30 days
provisions of the Immigration Reform and prior written notice to the VENDOR. This
Control Act of 1986 as located at 8 U.S.C. Purchase Order may be terminated
1324, et seq. and regulations relating immediately by the COUNTY for breach by
thereto, as either may be amended. Failure VENDOR of the terms and conditions of this
by the awarded firm(s) to comply with the Purchase Order, provided that COUNTY has
laws referenced herein shall constitute a provided VENDOR with notice of such
breach of the award agreement and the breach and VENDOR has failed to cure
County shall have the discretion to within 10 days of receipt of such notice.
unilaterally terminate said agreement
immediately. Any breach of this provision 19. General
may be regarded by the COUNTY as a a) This Purchase Order shall be governed
material and substantial breach of the by the laws of the State of Florida. The
contract arising from this Purchase Order. venue for any action brought to
specifically enforce any of the terms and
14. Force Majeure conditions of this Purchase Order shall
Neither the COUNTY nor VENDOR shall be be the Twentieth Judicial Circuit in and
responsible for any delay or failure in for Collier County, Florida
performance resulting from any cause b) Failure of the COUNTY to act
beyond their control, including, but without immediately in response to a breach of
limitation to war, strikes, civil disturbances this Purchase Order by VENDOR shall
and acts of nature. When VENDOR has not constitute a waiver of breach.
knowledge of any actual or potential force Waiver of the COUNTY by any default
majeure or other conditions which will delay by VENDOR hereunder shall not be
or threatens to delay timely performance of
Packet Page-516-
5/28/2013 16.B.2.
deemed a waiver of any subsequent Expenses for Public Officers, employees
default by VENDOR. and authorized persons.
c) All notices under this Purchase Order e) In the event of any conflict between or
shall be sent to the respective among the terms of any Contract
addresses on the face page by certified Documents related to this Purchase
mail, return receipt requested, by Order, the terms of the Contract
overnight courier service, or by personal Documents shall take precedence over
delivery and will be deemed effective the terms of the Purchase Order. To the
upon receipt. Postage, delivery and extent any terms and for conditions of
other charges shall be paid by the this Purchase Order duplicate or overlap
sender. A party may change its address the Terms and Conditions of the
for notice by written notice complying Contract Documents, the provisions of
with the requirements of this section. the Terms and/or Conditions that are
d) The Vendor agrees to reimbursement of most favorable to the County and/or
any travel expenses that may be provide the greatest protection to the
associated with this Purchase Order in County shall govern.
accordance with Florida Statute Chapter
112.061, Per Diem and Travel
•
Packet Page-517-
5/28/2013 16.B.2.
Exhibit IV: Additional Terms and Conditions for RFP
1. Insurance and Bonding Requirements
The Consultant shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in the Insurance and
Bonding attachment of this solicitation. The Consultant shall procure and maintain property insurance
upon the entire project, if required, to the full insurable value of the scope of work.
The County and the Consultant waive against each other and the County's separate Consultants,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to the
proceeds of such insurance. The Consultant and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Consultants, Design Consultants and Subcontractors
and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Consultant under this
solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
Certificates of Insurance must state the Contract Number, or Project Number, or specific Project
description, or must read: For any and all work performed on behalf of Collier County.The "Certificate
Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in
Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If Consultant has any self-insured retentions or deductibles under
any of the below listed minimum required coverage, Consultant must identify on the Certificate of
Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory
evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be
Consultant's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work until
the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Consultant and/or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Consultant. The Consultant shall
also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant
from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant
•
Packet Page-518-
5/28/2013 16.B.2.
hereunder, Consultant shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
Should at any time the Consultant not maintain the insurance coverage(s) required herein, the County
may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s)
and charge the Consultant for such coverage(s) purchased. If Consultant fails to reimburse the County
for such costs within thirty (30) days after demand, the County has the right to offset these costs from
any amount due Consultant under this Agreement or any other agreement between the County and
Consultant. The County shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverage(s) purchased or the insurance company or companies used. The decision
of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any
of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of work, the Consultant shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the
Consultant to provide the County with such renewal certificate(s) shall be considered justification for the
County to terminate any and all contracts.
2. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful Consultant extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of the
successful Consultant.
3. Additional Items and/or Services
Additional items and / or services may be added to the resultant contract, or purchase order, in
compliance with the 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. This item purposely removed.
Packet Page-519-
5/28/2013 16.B.2.
8. This item purposely removed.
9. Payment Method
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Consultant'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: bccapclerkcollierclerk.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 shall not accept any additional surcharges (credit card transaction fees) as a result of using
the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly
stating pricing for standard payment methods. An additional separate discounted price for traditional
payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash
Discount."
Upon execution of the Contract and completion of each month's work, payment requests shall be
submitted to the Project Manager on a monthly basis by the Consultant 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 must be submitted within the
fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices
submitted after the close of the fiscal year will not be accepted (or processed for payment) unless
specifically authorized by the Project Manager.
Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or other
fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts,
the County reserves the right to off-set the amount owed to the County by applying the amount owed to
the Consultant or contractor for services performed of for materials delivered in association with a
contract.
Packet Page-520-
5/28/2013 16.B.2.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance
with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for
work not performed or for unsatisfactory performance of Contractual requirements.
10. Environmental Health and Safety
All Consultants and Sub vendors performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Consultants and Sub
vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that
may cause injury or damage to any persons or property within and around the work site. All firewall
penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County facility,
property and/or right-of-way for the purpose of inspection of any 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.
11. 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.
12. Survivability
Bids (ITBs/RFPs): The Consultant/Contractor/Vendor agrees that any Work Order/Purchase Order that
extends beyond the expiration date of Solicitation #13-5988 Immokalee Stormwater Improvements,
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.
13. Principals/Collusion
Packet Page-521-
5/28/2013 16.B.2.
By submission of this Proposal the undersigned, as Consultant, does declare that the only person or
persons interested in this Proposal as principal or principals is/are named therein and that no person
other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that
this Proposal is made without connection with any person, company or parties making a Proposal, and
that it is in all respects fair and in good faith without collusion or fraud.
14. 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.
15. Termination
Should the Consultant be found to have failed to perform his services in a manner satisfactory to the
County, the County may terminate this Agreement immediately for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole
judge of non-performance.
16. 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 disqualification for award of this contract to the firm.
17. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)
In order to be considered for award, firms submitting a response to this solicitation shall be required to
provide a certificate of authority from the Florida Department of State Divisions of Corporations in
accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.orq/search.html). A copy of
the document shall 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.
18. 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.
19. Protest Procedures
Packet Page-522-
5/28/2013 16.B.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.
20. Public Entity Crime
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies on
leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact business with
any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted vendor list.
21. Security and Background Checks
If required, 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.
22. 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.
23. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311.
Violation of this provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and/or any employee of the firm from contact with County staff for a specified period of
time; b. Prohibition by the individual and/or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any contract held by the individual and/or firm for cause.
Packet Page-523-
5/28/2013 16.B.2.
24. Immigration Law Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United States
and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based
means of verifying employment eligibility of workers in the United States; it is not a substitute for any
other employment eligibility verification requirements. The program will be used for Collier County formal
Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction
services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Consultants / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of
their enrollment, at the time of the submission of the Consultant's/bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the
fully executed E-Verify Memorandum of Understanding for the company. Consultants are also required
to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply
with the E-Verify Program. The affidavit is attached to the solicitation documents. If the
Bidder/Consultant does not comply with providing the acceptable E-Verify evidence and the
executed affidavit the bidder's/ Consultant's proposal may be deemed non-responsive.
Additionally, Consultants shall require all subcontracted Consultants to use the E-Verify system for all
purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E-Verify) program
visit the following website: http://www.dhs.gov/E-Verify. It shall be the Consultant's responsibility to
familiarize themselves with all rules and regulations governing this program.
Consultant acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be
fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with
the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws
referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and
the County shall have the discretion to unilaterally terminate said agreement immediately.
Packet Page -524-
5/28/2013 16.B.2.
Colter Comity
Administrative Services Division
Purchasing
Attachment 1: Vendor's Non-Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise
and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not
wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the
reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page,
or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.
We are not responding to CCNA Solicitation 13-5988 Immokalee Stormwater Improvements— Phase II
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
Packet Page -525-
5/28/2013 16.B.2.
Cier County
Administrative Services Division
Purchasing
Attachment 2: Vendor Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and
return with your Proposal.
Vendor should check off each of the following items as the necessary action is completed:
❑ The Proposal has been signed.
❑ All applicable forms have been signed and included, along with licenses to complete the requirements
of the project.
❑ Any addenda have been signed and included.
El The mailing envelope has been addressed to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Adam Northrup, Procurement Strategist
CCNA Solicitation: 13-5988— Immokalee Stormwater Improvements- Phase II
❑ 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: Date
Packet Page-526-
5/28/2013 16.B.2.
Carter Gouty
Administrative Services Division
Purchasing
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-527-
5/28/2013 16.B2.
C43Mir minty
Administrative Service Division
Purchasing
Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: CCNA Solicitation: 13-5988— Immokalee Stormwater Improvements- Phase II
Dear Commissioners:
The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any
other person and this proposal is in every respect fair and made in good faith, without collusion or fraud.
The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of
establishing a formal contractual relationship between the firm and Collier County, for the performance of all
requirements to which the proposal pertains. The Vendor states that the proposal is based upon the
proposal documents listed by CCNA Solicitation: 13-5988— Immokalee Stormwater Improvements— Phase
II.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
200_in the County of , in the State of
Firm's Legal Name:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document
Number
Federal Tax Identification
Number
Telephone:
FAX:
Signature by:
(Typed and written)
Title:
Packet Page-528-
5/28/2013 16.B.2.
Additional Contact Information
Send payments to:
(required if different from above) Company name used as payee
Contact name:
Title:
Address:
City, State,ZIP
Telephone:
FAX:
Email:
Office servicing Collier
County to place orders
(required if different from above)
Contact name:
Title:
Address:
City, State,ZIP
Telephone:
Email:
Packet Page-529-
5/28/2013 16.B.2.
Cofer County
Administrative services Division
Purchasing
Attachment 5: Immigration Affidavit Certification
CCNA Solicitation: 13-5988—Immokalee Stormwater Improvements—Phase II
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's) and Request for Proposals(RFP) submittals. Further,Vendors/ Bidders are
required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of
the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly
completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of
Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the
E-Verify program may deem the Vendor/Bidder's proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)
of the Immigration and Nationality Act("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of
the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e) of the INA shall
be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act
and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with
E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the
Vendor's/ Bidder's proposal.
Company Name
Print Name Title
Signature Date
State of
County of
The foregoing instrument was signed and acknowledged before me this day of
20_, by
who has produced as identification.
(Print or Type Name) (Type of Identification and Number)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
Packet Page-530-
5/28/2013 16.B.2.
Colter County
A ,irasbatrve Sergi Division
Purchasjr
Attachment 6: Vendor Substitute W—9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address City
State Zip
Telephone FAX Email
Order Information Remit/Payment Information
Address Address
City State Zip City State Zip
FAX FAX
Email Email
2. Company Status (check only one)
_Individual/Sole Proprietor _Corporation _Partnership
Tax Exempt (Federal income tax-exempt entity Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c)3) Enter the tax classification
(D =Disregarded Entity, C=Corporation, P=Partnership)
3. Taxpayer Identification Number(for tax reporting purposes only)
Federal Tax Identification Number(TIN)
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
Packet Page-531-
5/28/2013 16.B.2.
Colt Comity
Administrative Services Division
Purchasing
Attachment 7: Insurance and Bonding Requirements
Insurance 1 Bond Type Required Limits
1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. ® Employer's Liability $ single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability(Occurrence Form)
patterned after the current $ single limit per occurrence, $2,000,000 aggregate for Bodily
ISO form Injury 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 $ 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
El Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $ per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
Packet Page-532-
5/28/2013 16.B.2.
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
❑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. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Vendor shall provide County with certificates of insurance meeting the required
insurance provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR Collier County Government, OR Collier County. The
Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description,
or must read: For any and all work performed on behalf of Collier County.
11. ® Thirty (30) Days Cancellation Notice required.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be
required within five (5) days of the award of this solicitation.
Name of Firm Date
Vendor Signature
Print Name
Insurance Agency
Agent Name Telephone Number
Packet Page-533-
5/28/2013 16.B.2.
colder County
Administrative Sermono so
Purchasing
Attachment 8: Reference Questionnaire
Solicitation: 13-5988—Immokalee Stormwater Improvements—Phase II
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name: Company:
(Evaluator completing reference questionnaire) (Evaluator's Company completing reference)
Email: FAX: Telephone:
Collier County is implementing a process that collects reference information on firms and their key personnel to be used in
the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a
client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of
your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual
again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not
have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored"0."
Project Description: Completion Date:
Project Budget: Project Number of Days:
Change Orders- Dollars Added : Change Orders- Days Added:
Item Citeria Score
1 Ability to manage the project costs (minimize change orders to scope).
2 Ability to maintain project schedule(complete on-time or early).
3 Quality of work.
4 Quality of consultative advice provided on the project.
5 Professionalism and ability to manage personnel.
6 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: By
Packet Page-534-
5/28/2013 16.B.2.
Attachment 9: Affidavit and Certification for Claiming Status as a
Section 3 Business for Formal Solicitations
Solicitation #13-5988—Immokalee Stormwater Improvements—Phase II
This project is subject to the provisions of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.
1701u). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by certain
HUD Housing and/or Community Development Assistance shall, to the greatest extent feasible, and consistent with
existing Federal, State, and local law and regulations, be directed to low- and very-low income persons and to business
concerns which provide economic opportunities to low-and very-low income persons.
A Section 3 business concern is defined as follows:
1. That is 51% or more owned by Section 3 residents; or
2. Whose permanent, full-time employees include persons, at least 30% of whom are currently Section 3 residents,
or within three years of the date of first employment with the business concern were Section 3 residents; or
3. That provides evidence of a commitment to subcontract in excess of 25%of the dollar award of all subcontracts to
be awarded to business concerns that meet the qualifications set forth in section one or two above.
In conformance with Section 3 federal regulations (24 CFR Part 135), Collier County shall direct efforts to award Section 3
covered contracts, to the greatest extent feasible, to Section 3 business concerns in the order of priority listed below:
1. Category 1 businesses: Section 3 business concerns that provide economic opportunities for Section 3 residents
in the service area or neighborhood in which the Section 3 covered project is located;
2. Category 2 businesses: Applicants (as this term is defined in 42 U.S.C. 12899) selected to carry out HUD
HOUSING AND/OR COMMUNITY DEVELOPMENT ASSISTANCE Youthbuild programs;
3. Category 3 businesses: Other Section 3 business concerns.
A business concern seeking to qualify for a Section 3 contracting preference shall certify that the business concern is a
Section 3 business concern as described above.
Vendor Name: Date:
Address:
Signature: Title:
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of
, 20
My Commission Expires:
Notary Public
(AFFIX OFFICIAL SEAL)
Packet Page-535-
5/28/2013 16.B.2.
Attachment 10: Granting Agency Requirements
1. CDBG Supplemental Conditions
2. State and Federal Statutes and Regulations
3. Federal Labor Standards
4. Section 3 Support Documents
5. HUD's regulations in 24 CFR part 135,which implement Section 3
6. Section 3 Summary Report
7. Certification Regarding Debarment,Suspension,and Other Responsibility Matters—Primary Covered
Transactions
8. General Grant Clauses
9. Acknowledgement of Religious Organization Requirements [24 CFR 570.200(j)]
10. Disclosure of Lobbying Activities
Packet Page-536-
5/28/2013 16.B.2.
Exhibit IA
Community Development Block Grant(CDBG)
Supplemental Conditions
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to
modify the general conditions and other specifications. In cases of disagreement with any other section of
this contract, the Supplemental Conditions shall govern.
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the
signed subcontract must be forwarded to the Department for review and approval. The vendor agrees
to include in the subcontract that (1) the subcontractors is bound by the terms of this Agreement, (ii)
the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the
subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature
arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and
required by law. The recipient shall document in the quarterly report the subcontractor's progress in
performing its work under this agreement. For each subcontract, the Recipient shall provide a written
statement to the Department as to whether the subcontractor is a minority vendor as defined in Section
288.703, Fla. Stat.
Check Box (If Applicable)
1. Contract, Specification and Scope
2. Insurance
3. Public Advertisement acknowledging the funding source (i.e. HUD, HHVS)
4. Termination (Cause and Convenience)
❑ 5. Access to Records
❑ 6. Retention of Records
❑ 7. Remedies
❑ 8. Environmental Compliance (Clean Air Act and Clean Water Act)
❑ 9. Energy Efficiency
❑ 10. Special Equal Opportunity Provisions including Section 3
❑ 11. Conflict of Interest
❑ 12. Utilization of Minority and Women's Businesses
❑ 13. Federal Labor Standards Provisions (Davis-Bacon, Copeland, and Contract Work Hours
Act)
❑ 14. Guidance to Contractor for Compliance With Labor Standard Provisions
❑ 15. Lobbying Prohibition
❑ 16. Debarment
❑ 17. Historic Preservation
❑ 18. Record Keeping and Documentation
❑ 19. Grantee Recognition (Advertisement)
❑ 20. Copyright and Patent Rights
❑ 21. Religious Organizations
22. E-Verify
❑ 23. EPLS
24. Divisions of Corporations
omw
10/1/2012 Revision 2
1
Packet Page-537-
5/28/2013 16.B.2.
Exhibit IA
Community Development Block Grant(CDBG)
Supplemental Conditions
10/1/2012 Revision 2
2
Packet Page-538-
5/28/2013 16.B.2.
Exhibit IA
Community Development Block Grant(CDBG)
Supplemental Conditions
(CAUSE AND/OR CONVENIENCE) the work and may award another party a contract to
A. This contract may be terminated in whole or in part complete the work described in this contract.
in writing by either party in the event of substantial
failure by the other party to fulfill its obligations under F. If, after termination for failure of the contractor to fulfill
this contract through no fault of the terminating party, contractual obligations, it is determined that the contractor
provided that no termination may be effected unless the had not failed to fulfill contractual obligations, the
other party is given: termination shall be deemed to have been for the
convenience of the local government. In such event,
(1) not less than ten (10) calendar days written adjustment of the contract price shall be made as provided
notice (delivered by certified mail, return receipt in paragraph(c)above.
requested)of intent to terminate;and
2.ACCESS TO RECORDS
(2) an opportunity for consultation with the The local government,the Florida Department of Economic
terminating party prior to termination. Opportunity, the U.S. Department of Housing and Urban
Development,the Comptroller General of the United States,
B. This contract may be terminated in whole or in part in and any of their duly authorized representatives,shall have
writing by the local government for its convenience, access to any books, documents, papers, and records of the
provided that the other party is afforded the same notice and contractor which are directly pertinent to this contract for
consultation opportunity specified in 1(a)above. the purpose of making audit, examination, excerpts, and
transcriptions.
C. If termination for default is effected by the local
government, an equitable adjustment in the price for this 3.RETENTION OF RECORDS
contract shall be made,but The contractor shall retain all records relating to this
contract for six years after the local government makes final
(1) no amount shall be allowed for anticipated profit on payment and all other pending matters are closed.
unperformed services or other work,and
4.REMEDIES
(2) any payment due to the contractor at the time of Unless otherwise provided in this contract, all claims,
termination may be adjusted to cover any additional counter-claims, disputes and other matters in question
costs to the local government because of the between the local government and the contractor, arising
contractor's default. out of or relating to this contract, or the breach of it, will be
decided by arbitration, if the parties mutually agree, or in a
If termination for convenience is effected by the local Florida court of competent jurisdiction.
government, the equitable adjustment shall include a
reasonable profit for services or other work performed 5.ENVIRONMENTAL COMPLIANCE
for which profit has not already been included in an If this contract exceeds $100,000, the contractor shall
invoice. For any termination, the equitable adjustment comply with all applicable standards, orders, or
shall provide for payment to the contractor for services requirements issued under section 306 of the Clean Air Act
rendered and expenses incurred prior to receipt of the (42 U.S.C. 1857(h),section 508 of the Clean Water Act(33
notice of intent to terminate, in addition to termination U.S.C. 1368), Executive Order 11738, and U.S.
settlement costs reasonably incurred by the contractor Environmental Protection Agency regulations (40 C.F.R.
relating to commitments (e.g., suppliers, Part 15). The contractor shall include this clause in any
subcontractors) which had become firm prior to receipt subcontracts over$100,000.
of the notice of intent to terminate.
6.ENERGY EFFICIENCY
D. Upon receipt of a termination action under paragraphs The contractor shall comply with any mandatory standards
(a) or (b) above, the contractor shall (1) promptly and policies relating to energy efficiency which are
discontinue all affected work (unless the notice directs contained in the state energy conservation plan issued in
otherwise) and (2) deliver or otherwise make available to compliance with the Energy Policy and Conservation Act
the local government all data, drawings, reports (Public Law 94-163).
specifications, summaries and other such information, as
may have been accumulated by the contractor in performing 7.SPECIAL EQUAL OPPORTUNITY PROVISIONS
this contract,whether completed or in process. A. Activities and Contracts Not Subject to Executive Order
11246, as Amended (Applicable to Federally assisted
construction contracts and related subcontracts$10,000 and
under.)
10/1/2012-(2)
2
Packet Page-539-
5/28/2013 16.B.2.
Exhibit 1A
Community Development Block Grant(CDBG)
Supplemental Conditions
During the performance of this contract, the Contractor to race,color,religion,sex,or national origin.
agrees as follows:
(c)The Contractor will send to each labor union or
(1) The Contractor shall not discriminate against any representative of workers with which he has a
employee or applicant for employment because of race, collective bargaining agreement or other contract
color, religion, sex, or national origin. The Contractor or understanding a notice to be provided by the
shall take affirmative action to ensure that applicants Contract Compliance Officer advising the said
for employment are employed, and that employees are labor union or worker's representatives of the
treated during employment, without regard to their Contractor's commitment under this section, and
race, color, religion,sex, or national origin. Such action shall post copies of the notice in conspicuous
shall include, but not be limited to, the following: places available to employees and applicants for
employment, upgrading, demotion, or transfer; employment.
recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of (d) The Contractor will comply with all provisions
compensation; and selection for training, including of Executive Order 11246 of September 24, 1965,
apprenticeship. and of the Rules, Regulations, and Relevant
Orders of the Secretary of Labor.
(2) The Contractor shall post in conspicuous places,
available to employees and applicants for employment, (e) The Contractor will furnish all information and
notices to be provided by Contracting Officer seeking reports required by Executive Order 11246 of
forth the provisions of this nondiscrimination clause. September 24, 1965, and by rules, regulations, and
The Contractor shall state that all qualified applicants orders of the Secretary of Labor, or pursuant
be considered without regard to race, color, religion, thereto, and will permit access to his books,
sex or national origin. records, and accounts by the Department and the
Secretary of Labor for purposes of investigation to
(3) Contractors shall incorporate foregoing ascertain compliance with such rules, regulations,
requirements in all subcontracts. and other.
B. Executive Order 11246 (contracts/subcontracts above (f) In the event of the Contractor's noncompliance
$10,000) with the nondiscrimination clauses of this contract
or with any of the said rules, regulations,or orders,
(1)Section 202 Equal Opportunity Clause this contract may be canceled, be declared
During the performance of this contract, the contractor ineligible for further Government contracts in
agrees as follows: accordance with procedures authorized in
(a) The Contractor will not discriminate against Executive Order 11246 of September 24, 1965, or
any employee or applicant for employment by rule, regulation, or order of the Secretary of
because of race, color, religion, sex, or national Labor,or as otherwise provided by law.
origin. The Contractor will take affirmative action
to ensure that applicants are employed, and that (g) The Contractor will include the Provisions of
employees are treated during employment, without the sentence immediately preceding Paragraph (a)
regard to their race, color, religion, sex, or national and the provisions of Paragraphs(a) through (g) in
origin. Such action shall include,but not be limited every subcontract or purchase order unless
to, the following: employment, upgrading, exempted by rules, regulations, or orders of the
demotion, or transfer; recruitment, or recruitment Secretary of Labor issued pursuant to Section 204
advertising; layoff or termination, rates of pay or of Executive Order 11246 of September 24, 1965,
other forms of compensation; and selection for so that such provisions will be binding upon each
training, including apprenticeship. The Contractor subcontractor or vendor. The Contractor will take
agrees to post in a conspicuous place, available to such action with respect to any subcontract or
employees and applicants for employment, notices purchase order as the Department may direct as a
to be provided setting forth the provisions of this means of enforcing such provisions, including
nondiscrimination clause. sections of noncompliance. Provided, however,
that in the event a Contractor becomes involved in,
(b) The Contractor will, in all solicitations or or is threatened with, litigation with a
advertisements for employees placed by or on subcontractor or vendor as a result of such
behalf of the Contractor, state that all qualified direction by the Department, the Contractor may
request the United States to enter into such
10/1/2012-(2)
3
Packet Page-540-
5/28/2013 16.B.2.
Exhibit IA
Community Development Block Grant(CDBG)
Supplemental Conditions
States. measured against the total work hours performed.
(2) Notice of Requirement for Affirmative Action to (c) The Contractor shall provide written
Ensure Equal Employment Opportunity (Executive notification to the Director of the Office of Federal
Order 11246). (Applicable to contracts/subcontracts Contract Compliance Programs within 10 working
exceeding$10,000.) days of award of any construction subcontract in
excess of$10,000 at any tier for construction work
(a) The Offerer's or Bidder's attention is called to under the contract resulting from this solicitation.
the "Equal Opportunity Clause" and the "Standard The notification shall list the name, address, and
Federal Equal Employment Opportunity telephone number of the subcontractor; employer
Construction Contract Specifications" set forth identification number; estimated dollar amount of
herein. the subcontract; estimated starting and completion
dates of the subcontract; and the geographical area
(b) The goals and timetables for minority and in which the contract is to be performed.
female participation, expressed in percentage
terms for the Contractor's aggregate workforce in (d) As used in this Notice, and in the contract
each trade on all construction work in the covered resulting from the solicitation, the "covered area"
area,are as follows: is the county in which the contract work is being
undertaken.
Female participation:6.9%(statewide)
(3) Standard Federal Equal Employment Opportunity
Minority participation (See Appendix at CDBG-25 Construction Contract Specifications(Executive Order
for goals for each county) 11246).
These goals are applicable to all Contractor's (a)As used in these specifications:
construction work (whether or not it is federally- 1. "Covered area" means the geographical
assisted) performed in the covered area. If the area described in the solicitation from which 44N
Contractor performs construction work in a this contract resulted;
geographic area located outside of the covered
area, it shall apply the goals established for such 2. "Director" means Director, Office of
geographic area where the work is actually Federal Contract Compliance Programs,
performed. With regard to this second area, the United States Department of Labor, or any
Contractor also is subject to the goals for both its person to whom the Director delegates
Federally involved and non-Federally involved authority;
construction.
3. "Employer identification number" means
The Contractor's compliance with Executive the Federal Social Security number used on
Order and the regulations in 41 CFR Part 60-4 the Employer's quarterly Federal Tax
shall be based on its implementation of the Equal Return, U. S. Treasury Department Form
Opportunity Clause, specific affirmative action 941.
obligations required by the specifications set forth
in 41 CFR 60-4.3 (a), and its efforts to meet the 4."Minority"includes:
goals established or the geographic area where the (I) Black (all persons having origins in any
contract resulting from his solicitation is to be of the Black African racial groups);
performed. The hours of minority and female (II) Asian and Pacific Islander (all persons
employment or training must be substantially having origins in any of the Far East,
uniform throughout the length of the contract and Southeast Asia, the Indian Subcontinent, or
in each trade the Contractor shall make a good the Pacific Island);and
faith effort to employ minorities and women (III) American Indian or Alaskan Native (all
evenly on each of its projects. The transfer of persons having origins in any of the original
minority or female employees or trainees from peoples of North America and maintaining
Contractor to Contractor or from project to project identifiable tribal affiliations through
for the sole purpose of meeting the Contractor's membership and participation or community
goals shall be a violation of the contract, the identification).
Executive Order, and the regulations in 41 CFR
10/1/2012-(2)
4
Packet Page -541-
5/28/2013 16.B.2.
Exhibit 1A
Community Development Block Grant(CDBG)
Supplemental Conditions
(4) Whenever the Contractor, or any Subcontractor at Executive Order 11246, or the regulations promulgated
any tier, subcontracts a portion of the work involving pursuant thereto.
any construction trade, it shall physically include in
each subcontract in excess of$10,000 the provisions of (8) In order for the nonworking training hours of
these specifications and the Notice which contains the apprentices and trainees to be counted in meeting
applicable goals for minority and female participation goals, such apprentices and trainees must be employed
and which is set forth in the solicitations from which by the Contractor during the training period, and the
this contract resulted. Contractor must have made a commitment to employ
the apprentices and trainees at the completion of their
(5) If the Contractor is participating (pursuant to 41 training, subject to the availability of employment
CFR 60-4.5) in a Hometown Plan approved by the U. opportunities. Trainees must be trained pursuant to
S. Department of Labor in the covered area either training programs approved by the U. S. Department of
individually or through an association, its affirmative Labor.
action obligations on all work in the Plan area
(including goals and timetables) shall be in accordance (9) The Contractor shall take specific affirmative
with that Plan for those trades which have unions actions to ensure equal employment opportunity. The
participating in the Plan. Contractors must be able to evaluation of the Contractor's compliance with these
demonstrate their participation in and compliance with specifications shall be based upon its effort to achieve
the provisions of any such Hometown Plan. Each maximum results from its actions. The Contractor shall
Contractor or Subcontractor participating in an document these efforts fully, and shall implement
approved Plan is individually required to comply with affirmative action steps at least as extensively as the
its obligations under the EEO clause, and to make a following:
good faith effort to achieve each goal under the Plan in
each trade in which it has employees.The overall good (a) Ensure and maintain a working environment
faith performance by other Contractors toward a goal free of harassment, intimidation, and coercion at
in an approved Plan does not execute any covered all sites, and in all facilities at which the
Contractor's or Subcontractor's failure to take good Contractor's employees are assigned to work. The
faith efforts to achieve the Plan goals and timetables. Contractor, where possible, will assign two or
more women to each construction project. The
(6) The Contractor shall implement the specific Contractor shall specifically ensure that all
affirmative action standards provided in paragraphs (9) foremen, superintendents, and other on-site
(a) through (p). of these specifications. The goals set supervisory personnel are aware of and carry out
forth in the solicitation from which this contract the Contractor's obligation to maintain such a
resulted are expressed as percentages of the total hours working environment, with specific attention to
of employment and training of minority and female minority or female individuals working at such
utilization the Contractor should reasonably be able to sites in such facilities.
achieve in each construction trade in which it has
employees in the covered area. Covered construction (b) Establish and maintain a current list of
contractors performing contracts in geographical areas minority and female recruitment sources, provide
where they do not have a Federal or Federally-assisted written notification to minority and female
construction contract shall apply the minority and recruitment sources and to community
female goals established for the geographic area where organizations when the Contractor or its unions
the contract is being performed. Goals are published have employment opportunities available, and
periodically in the Federal Register in notice form and maintain a record of the organization's responses.
such notices may be obtained from any Office of
Federal Contract Compliance Programs office or from (c) Maintain a current file of the names, addresses,
Federal procurement contracting officers. The and telephone numbers of each minority and
Contractor is expected to make substantially uniform female off-the-street applicant and minority or
progress in meeting its goals in each craft during the female referral from a union, a recruitment source,
period specified. or community organization and of what action was
taken with respect to each such individual. If such
(7) Neither the provisions of any collective bargaining individual was sent to the union hiring hall for
agreement, nor the failure by a union with whom the referral and was not referred back to the
Contractor has a collective bargaining agreement, to Contractor by the union, or if referred, not
refer either minorities or women shall excuse the employed by the Contractor, this shall be
Contractor's obligations under these specifications, documented in the file with the reason therefore,
10/1/2012-(2)
5
Packet Page -542-
5/28/2013 16.B.2.
Exhibit 1A
Community Development Block Grant(CDBG)
Supplemental Conditions
along with whatever additional actions the EEO policy with other Contractors and
Contractor may have taken.
(d) Provide immediate written notification to the
Director when the union or unions with which the
Contractor has a collective bargaining agreement
has not referred to the Contractor a minority
person or woman sent by the Contractor, or when
the Contractor has other information that the union
referral process has impeded the Contractor's
efforts to meet its obligations.
(e) Develop on-the-job training opportunities
and/or participate in training programs for the
areas which expressly include minorities and
women, including upgrading apprenticeship,
trainee and other programs relevant to the
Contractor's employment needs, especially those
programs funded or approved by the Department
of Labor. The Contractor shall provide notice of
these programs to the sources compiled under 7b
above.
(f) Disseminate the Contractor's EEO policy by
providing notice of the policy to unions and
training programs and requesting their cooperation
in assisting the Contractor in meeting its EEO
obligations; by including it in any policy manual
and collective bargaining agreement; by
publicizing it in the company newspaper, annual
report, etc.; by specific review of the policy with
all management personnel and with all minority
and female employees at least once a year; and by
posting the company EEO policy on bulletin
boards accessible to all employees at each location
where construction work is performed.
(g) Review, at least annually, the company's EEO
policy and affirmative action obligations under
these specifications with all employees having any
responsibility for hiring, assignment, layoff,
termination, or other employment decisions
including specific review of these items with on-
site supervisory personnel such as
Superintendents, General Foremen, etc., prior to
the initiation of construction work at any job site.
A written record shall be made and maintained
identifying the time and place of these meetings,
persons attending, subject matter discussed, and
disposition of the subject matter.
(h) Disseminate the Contractor's EEO policy
externally by including it in any advertising in the
news media, specifically including minority and
female news media, and providing written
notification to and discussing the Contractor's
10/1/2012-(2)
6
Packet Page-543-
5/28/2013 16.B.2.
Exhibit IA
Community Development Block Grant(CDBG)
Supplemental Conditions
Subcontractors with whom the Contractor does or (p) Conduct a review, at least annually, of all
anticipates doing business. supervisors adherence to and performance under
(i) Direct its recruitment efforts, both oral and
written, to minority, female and community
organizations, to schools with minority and female
recruitment and training organizations serving the
Contractor's recruitment area and employment
needs. Not later than one month prior to the date
for the acceptance of applications for
apprenticeship or other training by any recruitment
source, the Contractor shall send written
notification to organizations such as the above,
describing the openings, screening procedures, and
tests to be used in the selection process.
(j) Encourage present minority and female
employees to recruit other minority persons and
women and, where reasonable, provide after
school, summer and vacation employment to
minority and female youth both on the site and in
other areas of a Contractor's work force.
(k) Validate all tests and other selection
requirements where there is an obligation to do so
under 41 CFR 60-3.
(1) Conduct, at least annually, an inventory and
evaluation at least of all minority and female
personnel for promotional opportunities and
encourage these employees to seek or to prepare
for, through appropriate training, etc., such
opportunities.
(in) Ensure that seniority practices, job
classifications, work assignments and other
personnel practices, do not have a discriminatory
effect by continually monitoring all personnel and
employment related activities to ensure that the
EEO policy and the Contractor's obligations under
these specifications are being carried out.
(n) Ensure that all facilities and company activities
are nonsegregated except that separate or single-
user toilet and necessary changing facilities shall
be provided to assure privacy between the sexes.
(o) Document and maintain a record of all
solicitations of offers for subcontracts from
minority and female construction contractors and
suppliers, including circulation of solicitations to
minority and female contractor associations and
other business associations.
10/1/2012-(2)
7
Packet Page-544-
5/28/2013 16.B.2.
Exhibit 1A
Community Development Block Grant(CDBG)
Supplemental Conditions
the Contractor's EEO policies and affirmative carry out such sanctions and penalties shall be in
action obligations.
(10) Contractors are encouraged to participate in
voluntary associations which assist in fulfilling one or
more of their affirmative action obligations (9) (a)
through (p). The efforts of a contractor association,
joint contractor-union, contractor-community, or other
similar group of which the Contractor is a member and
participant, may be asserted as fulfilling any one or
more of its obligations under (9) (a) through (p) of
these Specifications provided that the Contractor
actively participates in the group, makes every effort to
assure that the group has a positive impact on the
employment of minorities and women in the industry,
ensures that the concrete benefits of the program are
reflected in the Contractor's minority and female
workforce participation, makes a good faith effort to
meet its individual goals and timetables, and can
provide access to documentation which demonstrates
the effectiveness of actions taken on behalf of the
Contractor. The obligation shall not be a defense for
the Contractor's noncompliance.
(11) A single goal for minorities and separate single
goal for women have been established. The Contractor,
however, is required to provide equal employment
opportunity and to take affirmative action for all
minority groups, both male and female, and all women,
both minority and non-minority. Consequently, the
Contractor may be in violation of the Executive Order
if a particular group is employed in a substantially
disparate manner (for example, even though the
Contractor has achieved its goals for women generally,
the Contractor may be in violation of the Executive
Order if a specific minority group of women is under
utilized).
(12) The Contractor shall not use the goals and
timetables or affirmative action standards to
discriminate against any person because of race, color,
religion,sex,or national origin.
(13) The Contractor shall not enter into any
Subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order
11246.
(14) The Contractor shall carry out sections and
penalties for violation of these specifications and of the
Equal Opportunity Clause, including suspension,
termination and cancellation of existing subcontracts as
may be imposed or ordered pursuant to Executive
Order 11246, as amended, and its implementing
regulations, by the Office of Federal Contract
Compliance Programs. Any Contractor who fails to
10/1/2012-(2)
8
Packet Page-545-
5/28/2013 16.B.2.
Exhibit IA
Community Development Block Grant(CDBG)
Supplemental Conditions
violation of these specifications and Executive not maintain or provide for his/her employees any
Order segregated facility at any of his/her establishments, and
11246, as that he/she does not permit employees to perform their
amended. services at any location, under his/her control, where
segregated facilities are maintained.He/She certifies further
(15) The Contractor, in fulfilling its obligations that he/she will not maintain or provide for employees any
under these specifications, shall implement segregated facilities at any of his/her establishments, and
specific affirmative action steps, at least as he/she will not permit employees to perform their
extensively as those standards prescribed in services at any location under his/her control where
paragraph 7 of these specifications, so as to segregated facilities are maintained. The bidder, offeror,
achieve maximum results from its effort to ensure applicant or subcontractor agrees that a breach of this
equal employment opportunity. If the Contractor certification is violation of the Equal
fails to comply with the requirement of the
Executive Order, the implementing regulations, or
these specifications, the Director shall proceed in
accordance with 41 CFR 60-4.8.
(16) The contractor shall designate a
responsible official to monitor all employment
related activity to ensure that the company EEO
policy is being carried out, to submit reports
relating to the provisions hereof as may be
required by the Government and to keep records.
Records shall at least include for each employee,
the name, address, telephone numbers, construction
trade, union affiliation, if any, employee
identification number where assigned, social
security number, race, sex, status (e.g., mechanic,
apprentice trainee, helper, or laborer), dates of
changes in status, hours worked per week in the
indicated trade, rate of pay, and location at which
the work was performed. Records shall be
maintained in an easily understandable and
retrievable form; however, to the degree that
existing records satisfy this requirement,
contractors shall not be required to maintain
separate records.
(17) Nothing herein provided shall be construed as
a limitation upon the application of other laws
which establish different standards of compliance
and upon the application of requirements for the
hiring of local or other area residents (e.g., those
under the Public Works Employment Act of 1977
and the Community Development Block Grant
Program).
C. Certification of Non-Segregated Facilities
(over
$10,
000)
By the submission of this bid, the bidder, offeror,
applicant or subcontractor certifies that he/she does
10/1/2012-(2)
9
Packet Page -546-
5/28/2013 16.B.2.
Exhibit 1A
Community Development Block Grant(CDBG)
Supplemental Conditions
Opportunity Clause of this contract. As used in this contractor's commitments under this section 3 clause,
certification, the term "segregated facilities" means any and will post copies of the notice in conspicuous places
waiting rooms, work eating areas, time clocks, locker at the work site where both employees and applicants
rooms, and other storage or dressing areas, transportation for training and employment positions can see the
and housing facilities provided for employees which are in notice. The notice shall describe the section 3
fact segregated on the basis of race, color, religion, or preference, shall set forth minimum number and job
otherwise. He/She further agrees that (except where he/she titles subject to hire, availability of apprenticeship and
has obtained identical certifications from proposed training positions, the qualifications for each; and the
subcontractors prior to the award of subcontractors have name and location of the person(s) taking applications
submitted identical certifications for specific time periods). for each of the positions; and the anticipated date the
work shall begin.
D. Civil Rights Act of 1964
(4) The contractor agrees to include this section 3
Under Title VI of the Civil Rights Act of 1964, no person clause in every subcontract subject to compliance with
shall, on the grounds of race, color, or national origin, be regulations in 24 CFR part 135, and agrees to take
excluded from participation in, be denied the benefits of, or appropriate action, as provided in an applicable
be subjected to discrimination under any program or provision of the subcontract or in this section 3 clause,
activity receiving Federal financial assistance. upon a finding that the subcontractor is in violation of
the regulations in 24 CFR part 135. The contractor will
E. Section 109 of the Housing and Community not subcontract with any subcontractor where the
Development Act of 1974 contractor has notice or knowledge that the
subcontractor has been found in violation of the
No person in the United States shall on the grounds of race, regulations in 24 CFR part 135.
color,national original,or sex be
excluded from participation in, be denied the benefits of, or (5) The contractor will certify that any vacant
be subjected to discrimination under any program or employment positions, including training positions,
activity funded in whole or in part with funds made that are filled (1) after the contractor is selected but
available under this title. before the contract is executed, and (2) with persons
• other than those to whom the regulations of 24 CFR
F. "Sec do n 3 " Co mp liance i n the P r o vision o part 135 require employment opportunities to be
f T r ainin g, directed, were not filled to circumvent the contractor's
Employment and Business Opportunities obligations under 24 CFR part 135.
(1) The work to be performed under this contract is
subject to the requirements of section 3 of the Housing (6) Noncompliance with HUD's regulations in 24 CFR
and Urban Development Act of 1968, as amended, 12 part 135 may result in sanctions, termination of this
U.S.C. 1701 u(section 3). The purpose of section 3 is to contract for default, and debarment or suspension from
ensure that employment and other economic future HUD assisted contracts.
opportunities generated by HUD assistance or HUD-
assisted projects covered by section 3, shall, to the (7) With respect to work performed in connection with
greatest extent feasible, be directed to low- and very section 3 covered Indian housing assistance, section
low-income persons, particularly persons who are 7(b) of the Indian Self-Determination and Education
recipients of HUD assistance for housing. Assistance Act (25 U.S.C. 450e) also applies to the
work to be performed under this contract. Section 7(b)
(2) The parties to this contract agree to comply with requires that to the greatest extent feasible (i)
HUD's regulations in 24 CFR Part 135, which preference and opportunities for training and
implement section 3. As evidenced by their execution employment shall be given to Indians, and (ii)
of this contract, the parties to this contract certify that preference in the award of contracts and subcontracts
they are under no contractual or other impediment that shall be given to Indian organizations and Indian-
would prevent them from complying with the Part 135 owned Economic Enterprises. Parties to this contract
regulations. that are subject to the provisions of section 3 and
section 7(b) agree to comply with section 3 to the
(3) The contractor agrees to send to each labor maximum extent feasible, but not in derogation of
organization or representative of workers with which compliance with section 7(b).
the contractor has a collective bargaining agreement or G. Section 503 Handicapped(Contracts$2,500 or Over)
other understanding, if any, a notice advising the labor
organization or workers' representative of the
10/1/2012-(2)
10
Packet Page-547-
5/28/2013 16.B.2.
Exhibit IA
Community Development Block Grant(CDBG)
Supplemental Conditions
(1) The Contractor will not discriminate against any
employee or applicant for employment because of H.Age Discrimination Act of 1975
physical or mental handicap in regard to any position
for which the employee or applicant for employment is No person in the United States shall,on the basis of age be
qualified. The Contractor agrees to take affirmative excluded from participation in,be denied the benefits of, or
action to employ, advance in employment and
otherwise treat qualified handicapped individuals
without discrimination based upon their physical or
mental handicap in all employment practices such as
the following: employment, upgrading, demotion or
transfer, recruitment, advertising, layoff or termination,
rates of pay or other forms of compensation, and
selection for training,including apprenticeship.
(2) The Contractor agrees to comply with the rules,
regulations and relevant orders of the Secretary of
Labor issued pursuant to the Act.
(3) In the event of the Contractor's noncompliance
with the requirements of this clause, actions for
noncompliance may be taken in accordance with the
rules, regulations, and relevant orders of the Secretary
of Labor issued pursuant to the Act.
(4) The Contractor agrees to post in conspicuous
places, available to employees and applicants for
employment, notices in a form to be prescribed by the
Director, provided by or through the contracting
officer. Such notices shall state the Contractor's
obligation under the law to take affirmative action to
employ and advance in employment qualified
handicapped employees and applicants for
employment, and the rights of applicants and
employees.
(5) The Contractor will notify each labor union or
representative of workers with which it has a collective
bargaining agreement or their contract understanding,
that the contractor is bound by the terms of Section 503
of the Rehabilitation Act of 1973, and is committed to
take affirmative action to employ and advance in
employment physically and mentally handicapped
individuals.
(6) The Contractor will include the provisions of this
clause in every subcontract or purchase order of$2,500
or more unless exempted by rules, regulations, or
orders of the Secretary issued pursuant to Section 503
of the Act, so that such provisions will be binding upon
each subcontractor or vendor. The Contractor will take
such action with respect to any subcontract or purchase
order as the Director of the Office of Federal Contract
Compliance Programs may direct to enforce such
provisions,including action for noncompliance.
10/1/2012-(2)
11
Packet Page-548-
5/28/2013 16.B.2.
Exhibit IA
Community Development Block Grant(CDBG)
Supplemental Conditions
be subjected to discrimination under, any program, or the Housing Act of 1949 in the construction or
activity receiving Federal Financial assistance. development of the project), will be paid
unconditionally and not less often than once a week,
8. CONFLICT OF INTEREST OF OFFICERS OR
EMPLOYEES OF THE LOCAL JURISDICTION,
MEMBERS OF THE LOCAL GOVERNING BODY,
OR OTHER PUBLIC OFFICIALS
No officer or employee of the local jurisdiction or its
designees or agents, no member of the governing body, and
no other public official of the locality who exercises any
function or responsibility with respect to this contract,
during his/her tenure or for one year thereafter, shall have
any interest, direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work to be
performed. Further, the Contractor shall cause to be
incorporated in all subcontracts the language set forth in
this paragraph prohibiting conflict of interest.
9. UTILIZATION OF MINORITY AND WOMEN
FIRMS(M/WBE)
The contractor shall take all necessary affirmative steps to
assure that M/WBE firms are utilized when possible as
suppliers and/or subcontractors, as applicable. Prior to
contract award, the contractor shall document efforts to
utilize M/WBE firms, including identifying what firms
were solicited as suppliers and/or subcontractors, as
applicable. Information regarding certified M/WBE firms
can be obtained from:
➢ Florida Department of Management Services,
Office of Supplier Diversity,
➢ Florida Department of Transportation(construction
services,particularly highway),
➢ Minority Business Development Center in most
major cities,and
➢ Local government M/WBE programs in many large
counties and cities.
A firm recognized as an M/WBE by any of the above
agencies is acceptable for the CDBG program.
10. FEDERAL LABOR STANDARDS PROVISIONS
(Davis-Bacon Act, Copeland Act, and Contract Works
Hours& Safety Standards Act)The Project to which the
construction work covered by this contract pertains is being
assisted by the United States of America and the following
Federal Labor Standards Provisions are included in this
Contract pursuant to the provisions applicable to such
Federal assistance.
A. (1) (a) Minimum Wages. All laborers and mechanics
employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under
10/1/2012-(2)
12
Packet Page-549-
5/28/2013 16.B.2.
Exhibit IA
Community Development Block Grant(CDBG)
Supplemental Conditions
and without subsequent deduction or rebate on any (3) The proposed wage rate, including any bona
account (except such payroll deductions as are fide fringe benefits, bears a reasonable relationship to
permitted by regulations issued by the Secretary of the wage rates contained in the wage determination.
Labor under the Copeland Act(29 CFR Part 3), the full
amount of wages and bona fide fringe benefits (or cash (ii) If the contractor and the laborers and mechanics to
equivalents thereof) due at time of payment computed be employed in the classification (if known), or their
at rates not less than those contained in the wage representatives, and HUD or its designee agree on the
determination of the Secretary of Labor which is classification and wage rate (including the amount
attached hereto and made a part hereof, regardless of designated for fringe benefits where appropriate), a
any contractual relationship which may be alleged to report of the action taken shall be sent by HUD or its
exist between the contractor and such laborers and designee to the Administrator of the Wage and Hour
mechanics. Contributions made or costs reasonably Division, employment Standards Administration, U. S.
anticipated for bona fide fringe benefits under Section Department of Labor, Washington, D. C. 20210. The
1(b)(2) of the Davis-Bacon Act on behalf of laborers or Administrator, or an authorized representative, will
mechanics are considered wages paid to such laborers approve, modify, or disapprove every additional
or mechanics, subject to the provisions of 29 CFR classification action within 30 days of receipt and so
5.5(a)(1)(iv); also, regular contributions made or costs advise HUD or its designee or will notify HUD or its
incurred for more than a weekly period (but not less designee within the 30-day period that additional time
often than quarterly) under plans, funds, or programs, is necessary. (Approved by the Office of Management
which cover the particular weekly period, are deemed and Budget under OMB control number 1215-0140.)
to be constructively made or incurred during such
weekly period. (iii) In the event that the Contractor, the laborers or
mechanics to be employed in the Classification or their
Such laborers and mechanics shall be paid the representatives, and HUD or its designee do not agree
appropriate wage rate and fringe benefits on the wage on the proposed classification and wage rate (including
determination for the classification of work actually the amount designed for fringe benefits, where
performed, without regard to skill, except as provided appropriate), HUD or its designee shall refer the
in 29 CFR Part 5.5(a)(4). Laborers or mechanics questions, including the views of all interested parties
performing work in more than one classification may and the recommendation of HUD or its designee,to the
be compensated at the rate specified for each Administrator for determination. The Administrator, or
classification for the time actually worked therein; an authorized representative, will issue a determination
provided, that the employer's payroll records within 30 days of receipt and so advise HUD or its
accurately set forth the time spent in each classification designee or will notify HUD or its designee within the
in which work is performed. The wage determination 30-day period that the additional time is necessary.
(including any additional classification and wage rates (Approved by the Office of Management and Budget
conformed under 29 CFR Part 5.5(a)(1)(ii) and the under OMB Control Number 1215-0140.)
Davis-Bacon poster (WH-1321) shall be posted at all
times by the contractor and its subcontractors at the site (iv) The wage rate (including fringe benefits where
of the work in a prominent and accessible place where appropriate) determined pursuant to subparagraphs
it can be easily seen by the workers. (b)(ii) or (iii) of this paragraph, shall be paid to all
workers performing work in the classification under
(b) (i) Any class of laborers or mechanics which is not this contract from the first day on which work is
listed in the wage determination and which is to be performed in the classification.
employed under the contract shall be classified in
conformance with the wage determination. HUD shall (c) Whenever the minimum wage rate prescribed in the
approve an additional classification and wage rate and contract for a class of laborers or mechanics includes a
fringe benefits; therefore, only when the following fringe benefit which is not expressed as an hourly rate,
criteria have been met: the contractor shall either pay the benefit as stated in
the wage determination or shall pay another bona fide
(1) The work to be performed by the classification fringe benefit or an hourly cash equivalent thereof.
requested is not performed by a classification in the
wage determination;and (d) If the contractor does not make payments to a
trustee or other third person, the contractor may
(2) The classification is utilized in the area by the consider as part of the wages of any laborer or
construction industry;and mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under
10/1/2012-(2)
13
Packet Page-550-
5/28/2013 16.B.2.
Exhibit IA
Community Development Block Grant(CDBG)
Supplemental Conditions
a plan or program. Provided, that the Secretary of
10/1/2012-(2)
14
Packet Page-551-
5/28/2013 16.B.2.
Exhibit 1A
Community Development Block Grant(CDBG)
Supplemental Conditions
Labor has found, upon the written request of the program described in Section 1(b)(2)(B) of the Davis-
contractor, that the applicable standards of the Davis-
Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or
program. (Approved by the Office of Management and
Budget under OMB Control Number 1215-0140.)
(2) Withholding. HUD or its designee shall upon its own
action or upon written request of an authorized
representative of the Department of Labor withhold or
cause to be withheld from the contractor under this contract
or any other federal contract with the same prime
contractor, or any other Federally-assisted contract subject
to Davis-Bacon prevailing wage requirements, which is
held by the same prime contractor so much of the accrued
payments or advances as may be considered necessary to
pay laborers and mechanics, including apprentices, trainees
and helpers employed by the contractor or any
subcontractor the full amount of wages required by the
contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee or helper,
employed or working on the site of the work (or under the
United States Housing Act of 1937 or under the Housing
Act of 1949 in the construction or development of the
project), all or part of the wages required by the contract,
HUD, or its designee may, after written notice to the
contractor, sponsor, applicant, or owners, take such action
as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such
violations have ceased. HUD or its designee may, after
written notice to the contractor, disburse such amounts
withheld for and on account of the contractor or
subcontractor to the respective employees to whom they are
due. The Comptroller General shall make such
disbursements in the case of direct Davis-Bacon Act
contracts.
(3) (a) Payrolls and Basic Records. Payrolls and basic
records relating thereto shall be maintained by the
contractor during the course of the work preserved for a
period of three years thereafter for all laborers and
mechanics working at the site of the work (or under the
United States Housing Act of 1937, or under the Housing
Act of 1949, in the construction or development of the
project). Such records shall contain the name, address, and
social security number of each such worker, his or her
correct classification, hourly rates of wages paid (including
rates of contributions or costs anticipated for bona fide
fringe benefits or cash equivalents thereof of the types
described in Section 1(b)(2)(B) of the Davis-Bacon Act),
daily and weekly number of hours worked, deductions
made and actual wages paid. Whenever the Secretary of
Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages
of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or
10/1/2012-(2)
15
Packet Page -552-
5/28/2013 16.B.2.
Exhibit 1A
Community Development Block Grant(CDBG)
Supplemental Conditions
Bacon Act, the contractor shall maintain records which and that no deductions have been made either
show that the commitment to provide such benefits is directly or indirectly from the full wages
enforceable, that the plan or program is financially
responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or
the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs. (Approved by the Office of
Management and Budget under OMB Control Numbers
1215-0140 and 1215-0017).
(b) (i) The contractor shall submit weekly for each
week in which any contract work is performed a copy
of all payrolls to HUD or its designee if the agency is a
party to the contract, but if the agency is not such a
party, the contractor will submit the payrolls to the
applicant, sponsor, or owners, as the case may be, for
transmission to HUD or its designee. The payrolls
submitted shall set out accurately and completely all of
the information required to be maintained under 29
CFR Part 5.5(a)(3)(I). This information may be
submitted in any form desired. Optional Form WH-347
is available for this purpose and may be purchased
from the Superintendent of Documents (Federal Stock
Number 029-005-00014-1),U. S. Government Printing
Office, Washington, DC 20492. The prime contractor
is responsible for the submission of copies of payrolls
by all subcontractors. (Approved by the Office of
Management and Budget under OMB Control Number
1215-0149).
(ii) Each payroll submitted shall be accompanied
by a "Statement of Compliance", signed by the
contractor or subcontractor or his or her agent who
pays or supervises the payment of the persons
employed under the contract and shall certify the
following:
(1) That the payroll for the payroll period
contains the information required to be
maintained under 29 CFR Part 5.5 (a)(3)(I)
and that such information is correct and
complete;
(2) That each laborer or mechanic (including
each helper, apprentice, and trainee) employed
on the contract during the payroll period has
been paid the full weekly wages earned,
without rebate, either directly or indirectly,
10/1/2012-(2)
16
Packet Page-553-
5/28/2013 16.B.2.
Exhibit 1A
Community Development Block Grant(CDBG)
Supplemental Conditions
earned, other than permissible deductions as eligible for probationary employment as an
set forth in 29 CFR Part 3; apprentice.
(3) That each laborer or mechanic has been
paid not less than the applicable wage rates
and fringe benefits or cash equivalents for the
classification of work performed, as specified
in the applicable wage determination
incorporated into the contract.
(iii) The weekly submission of a properly executed
certification set forth on the reverse side of Option
Form WH-347 shall satisfy the requirement for
submission of the "Statement of Compliance"
required by paragraph A(3)(b)(ii)of this section.
(iv) The falsification of any of the above
certifications may subject the contractor or
subcontractor to civil or criminal prosecution
under Section 1001 of Title 18 and Section 231 of
Title 31 of the United States Code.
(c) The contractor or subcontractor shall make the
records required under paragraph A(3)(a) of this
section available for inspection, copying, or
transcription by authorized representatives of
HUD or its designee or the Department of Labor,
and shall permit such representatives to interview
employees during working hours on the job. If the
contractor or subcontractor fails to submit the
required records or to make them available, HUD
or its designee may, after written notice to the
contractor, sponsor, applicant, or owner, take such
action as may be necessary to cause the suspension
of any further payment, advance, or guarantee of
funds. Furthermore, failure to submit the required
records upon request to make such records
available may be grounds for debarment action
pursuant to 29 CFR Part 5.12.
(4) (a)Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work
at less than the predetermined rate for the work they
performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship
program registered with the U. S. Department of Labor,
Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a State
Apprenticeship Agency recognized by the Bureau, or if
a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an
apprenticeship program, who is not individually
registered in the program, but who has been certified
by the Bureau of Apprenticeship and Training or a
State Apprenticeship Agency (where appropriate) to be
10/1/2012-(2)
17
Packet Page-554-
5/28/2013 16.B.2.
Exhibit IA
Community Development Block Grant(CDBG)
Supplemental Conditions
The allowable ratio of apprentices to journeymen on the
job site in any craft classification shall not be greater
than the ratio permitted to the contractor as to the entire
work force under the registered program. Any worker
listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated above, shall be
paid not less than the applicable wage rate on the wage
determination for the classification of work actually
performed. In addition, any apprentice performing work
on the job site in excess of the ratio permitted under the
registered program, shall be paid not less than the
applicable wage rate on the wage determination for the
work actually performed. Where a contractor is performing
construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate)
specified in the contractor's or subcontractor's registered
program shall be observed. Every apprentice must be paid
at not less than the rate specified in the registered program
for the apprentice's level of progress, expressed as a
percentage of the journeymen hourly rate specified in
the applicable wage determination. Apprentices shall be
paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does
not specify fringe benefits,apprentices must be paid the full
amount of fringe benefits listed on the wage
determination for the applicable classification. If the
Administrator determines that a different practice prevails
for the applicable apprentice classification, fringes shall be
paid in accordance with the determination. In the event
the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau,
withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate
for the work performed until an acceptable program is
approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees
will not be permitted to work at less than the
predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a
program which has received prior approval,evidenced by
formal certification by the U. S. Department of Labor,
Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater
than permitted under the plan approved by the Employment
and Training Administration. Every trainee must be paid at
not less than the rate specified in the approved program for
the trainee's level of progress, expressed as a percentage of
the journeyman hourly rate specified in the applicable
wage determination. Trainees shall be paid fringe benefits
in accordance with the provisions of the trainee
program. If the trainee program does not
10/1/2012-(2)
18
Packet Page-555-
5/28/2013 16.B.2.
Exhibit 1A
Community Development Block Grant(CDBG)
Supplemental Conditions
mention fringe benefits, trainees shall be paid the full not be subject to the general disputes clause of this contract.
amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage
and Hour Division determines that there is an
apprenticeship program associated with the
corresponding journeyman wage rate on the wage
determination which provides for less than full fringe
benefits for apprentices. Any employee listed on the
payroll at a trainee rate who is not registered and
participating in a training plan approved by the
Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage
determination for the work actually performed. In
addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage
rate on the wage determination for the work actually
performed. In the event the Employment and Training
Administration withdraws approval of a training
program the contract will no longer be permitted to
utilize trainees at less than the applicable
predetermined rate for the work performed until an
acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization
of apprentices, trainees and journeymen under this part
shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as
amended,and 29 CFR Part 30.
(5) Compliance with Copeland Act Requirements. The
contractor shall comply with the requirements of 29 CFR
Part 3 which are incorporated by reference in this contract.
(6) Subcontracts.The contractor or subcontractor will insert
in any subcontracts the clauses contained in 29 CFR
5.5(a)(1)through(10) and such other clauses as HUD or its
designee may by appropriate instructions require, and also a
clause requiring the subcontractors to include these clauses
in any lower tier subcontracts. The prime contract shall be
responsible for the compliance by any subcontractor or
lower tier subcontractor with all the contract clauses in 29
CFR Part 5.5.
(7) Contract Termination, Debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract and for debarment as a
contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act
Requirements. All rulings and interpretations of the Davis-
Bacon and Related Acts contained in 29 CFR Parts 1,3 and
5 are herein incorporated by referenced in this contract.
(9) Disputes Concerning Labor Standards. Disputes arising
out of the labor standards provisions of this contract shall
10/1/2012-(2)
19
Packet Page-556-
5/28/2013 16.B.2.
Exhibit 1A
Community Development Block Grant(CDBG)
Supplemental Conditions
Such disputes shall be resolved in accordance with the work in excess of forty hours in such workweek unless such
procedures of the Department of Labor set forth in laborer or mechanic receives compensation at a rate not less
29 CFR Parts 5, 6 and 7. Disputes within the
meaning of this clause include disputes between the
contractor (or any of its subcontractors) and HUD
or its designee, the U. S. Department of Labor, or
the employees or their representatives. (10) (a)
Certification of Eligibility. By entering into this
contract, the contractor certifies that neither it (nor
he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm
ineligible to be awarded Government contracts by
virtue of Section 3(a) of the Davis-Bacon Act or
29 CFR 5.12(a)(1) or to be awarded HUD
contracts or participate in HUD programs pursuant
to 24 CFR Part 24.
(b) No part of this contract shall be subcontracted to
any person or firm ineligible for award of a
Government contract by virtue of Section 3(a) of the
Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD
programs pursuant to 24 CFR Part 24.
(c) The penalty for making false statements is
prescribed in the U. S. Criminal Code, 18 U. S. C.
1001. Additionally,U. S. Criminal Code, Section 1010,
Title 18, U. S. C., "Federal Housing Administration
transactions", provides in part "Whoever, for the
purpose of... influencing in any way the action of such
Administration ... makes, utters or publishes any
statement, knowing the same to be false ... shall be
fined not more than $5,000 or imprisoned not more
than two years,or both."
(11) Complaints, Proceedings, or Testimony by Employees.
No laborer or mechanic to whom the wage, salary, or other
labor standards provisions of this contract are applicable
shall be discharged or in any other manner discriminated
against by the contractor or any subcontractor because such
employee has filed any complaint or instituted or caused to
be instituted any proceeding or has testified or is about to
testify in any proceeding under or relating to the labor
standards applicable under this contract to his employer.
B. Contract Work Hours and Safety Standards Act. As used
in the paragraph, the terms "laborers" and "mechanics"
include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
10/1/2012-(2)
20
Packet Page -557-
5/28/2013 16.B.2.
Exhibit 1A
Community Development Block Grant(CDBG)
Supplemental Conditions
than one and one-half times the basic rate of pay for all (formerly part 1518) and failure to comply may result in
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set
forth in subparagraph (1) of this paragraph, the contractor
and any subcontractor responsible therefore shall be liable
for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the
case of work done under contract for the District of
Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in
violation of the clause set forth in subparagraph(1) of this
paragraph, in the sum of $10 for each calendar day on
which such individual was required or permitted to work in
excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set
forth in subparagraph(1)of this paragraph.
(3) Withholding for unpaid wages and liquidated damages.
HUD or its designee shall upon its own action or upon
written request of an authorized representative of the
Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract, or
any other Federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act , which is held by
the same prime contractor such sums as may be determined
to be necessary to satisfy any liabilities of such contractor
or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in subparagraph (2) of
this paragraph.
(4) Subcontracts. The contractor or subcontractor shall
insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a
clause requiring the subcontractors to include these clauses
in any lower tier subcontracts.The prime contractor shall be
responsible for compliance by any subcontractor or lower
tier subcontractor with the clauses set forth in
subparagraphs(1)through(4)of this paragraph.
C.Health and Safety
(1) No laborer or mechanic shall be required to work in
surroundings or under working conditions which are
unsanitary,hazardous, or dangerous to his health and safety
as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation.
(2) The contractor shall comply with all regulations issued
by the Secretary of Labor pursuant to Title 29 Part 1926
10/1/2012-(2)
21
Packet Page-558-
5/28/2013 16.B.2.
Exhibit IA
Community Development Block Grant(CDBG)
Supplemental Conditions
imposition of sanctions pursuant to the Contract Work to a third party.
Hours and Safety Standards Act(Public Law 91-54.83 State
96).
(3) The contractor shall include the provisions of this
Article in every subcontract so that such provisions will be
binding on each subcontractor. The contractor shall take
such action with respect to any subcontract as the Secretary
of Housing and Urban Development or the Secretary of
Labor shall direct as a means of enforcing such provisions.
11. GUIDANCE TO CONTRACTOR FOR
COMPLIANCE WITH LABOR STANDARDS
PROVISIONS
A. Contracts with Two Wage Decisions
If the contract includes two wage decisions, the contractor,
and each subcontractor who works on the site, must submit
either two separate payrolls(one for each wage decision) or
one payroll which identifies each worker twice and the
hours worked under each wage decision. One single
payroll, reflecting each worker once, may be submitted
provided the Contractor uses the higher rate in the wage
decisions for each identical job classification. However,
where a job classification is not listed in a wage decision
and is needed for that portion of the work, the classification
must be added to the wage decision. A worker may not be
paid at the rate for a classification using the hourly rate for
that same classification in another wage decision. After the
additional classification is approved,the contractor may pay
the higher of the two rates and submit one payroll, if
desired.
B.Complying with Minimum Hourly Amounts
(1) The minimum hourly amount due to a worker in
each classification is the total of the amounts in the
"Rates" and "Fringe Benefits" (if any) columns of
the applicable wage decision.
(2) The contractor may satisfy this minimum hourly
amount by any combination of cash and bona fide
fringe benefits, regardless of the individual amounts
reflected in the "Rates" and "Fringe Benefits"
columns.
(3) A contractor payment for a worker which is
required by law is not a fringe benefit in meeting the
minimum hourly amount due under the applicable
wage decision. For example, contractor payments for
FICA or unemployment insurance are not a fringe
benefit; however, contractor payments for health
insurance or retirement are a fringe benefit.
Generally, a fringe benefit is bona fide if (a) it is
available to most workers and (b) involves payments
10/1/2012-(2)
22
Packet Page-559-
5/28/2013 16.B.2.
Exhibit 1A
Community Development Block Grant(CDBG)
Supplemental Conditions
(4) The hourly value of the fringe benefit is will provide forms to document agreement on the minimum
calculated by dividing the contractor's annual cost rate by the affected workers and contractor.
(excluding any amount contributed by the worker)
for the fringe benefit by 2080. Therefore,for workers The U.S. Department of Labor (USDOL) must approve the
with overtime, an additional payment may be proposed classification and rate. The contractor may pay
required to meet the minimum hourly wages since the proposed rate until the USDOL makes a determination.
generally fringe benefits have no value for any time Should the USDOL require a higher rate, the contractor
worked over 40 hours weekly. (If a worker is paid must make wage restitution to the affected worker(s) for all
more than the minimum rates required by the wage hours worked under the proposed rate.
decision,this should not be a problem. As long as the
total wages received by a worker for straight time F. Supervisory Personnel
equals the hours worked times the minimum hourly Foremen and other supervisory personnel who spend at
rate in the wage decision, the requirement of the least 80% of their time supervising workers are not covered
Davis-Bacon and Related Acts has been satisfied.) by the Davis-Bacon and Related Acts. Therefore, a wage
decision will not include such supervisory classifications
C. Overtime and their wages are not subject to any minimums under the
For any project work over 40 hours weekly, a worker Davis-Bacon and Related Act or overtime payments under
generally must be paid 150% of the actual hourly cash rate the Contract Work Hours and Safety Standards Act.
received, not the minimum required by the wage decision. However, foremen and other supervisory personnel who
(The Davis-Bacon and related acts only establish minimum spend less than 80% of their time engaged in supervisory
rates and does not address overtime; the Contract Work activities are considered workers/mechanics for the time
Hours Act contains the overtime requirement and uses spent engaged in manual labor and must be paid at least the
"basic rate of pay" as the base for calculation, not the minimum in the wage decision for the appropriate
minimum rates established by the Davis-Bacon and related classification(s)based on the work performed.
acts.)
G. Sole Proprietorships/Independent Contractors/Leased
D.Deductions Workers
Workers who have deductions, not required by law, from The nature of the relationship between a prime contractor
their pay must authorize these deductions in writing. The and a worker does not affect the requirement to comply
authorization must identify the purpose of each deduction with the labor standards provisions of this contract. The
and the amount, which may be a specific dollar amount or a applicability of the labor standards provisions is based on
percentage. A copy of the authorization must be submitted the nature of the work performed.
with the first payroll containing the deduction. If deducted
amounts increase, another authorization must be submitted. If the work performed is primarily manual in nature, the
If deducted amounts decrease, no revision to the original worker is subject to the labor standards provisions in this
authorization is needed. Court-ordered deductions, such as contract. For example, if John Smith is the owner of ABC
child support, may be identified by the responsible payroll Plumbing and performs all plumbing work himself, then
person in a separate document. This document should Mr. Smith is subject to the labor standards provisions,
identify the worker, the amount deducted and the purpose. including minimum wages and overtime. His status as
A copy of the court order should be submitted. "owner"is irrelevant for labor standards purposes.
E.Classifications Not Included in the Wage Decision If a worker meets the IRS standards for being an
If a classification not in the wage decision is required, independent contractor, and is employed as such, this
please advise the owner's representative in writing and means that the worker must submit a separate payroll as a
identify the job classification(s) required. In some subcontractor rather than be included on some other
instances,the State agency may allow the use of a similar payroll. The worker is still subject to the labor standards
classification in the wage decision. provisions in this contract, including minimum wages and
overtime.
Otherwise, the contractor and affected workers must agree
on a minimum rate, which cannot be lower than the lowest If a contractor or subcontractor leases its workers, they are
rate for any trade in the wage decision. Laborers (including subject to the labor standards provisions in this contract,
any subcategory of the laborer classification) and truck including minimum wages and overtime. The leasing firm
drivers are not considered a trade for this purpose. If the must submit payrolls and these payrolls must reflect
classification involves a power equipment operator, the information required to determine compliance with the
minimum cannot be lower than the lowest rate for any labor standards provisions of this contract, including a
power equipment operator in the wage decision.The owner classification for each worker based on the nature of the
10/1/2012-(2)
23
Packet Page-560-
5/28/2013 16.B.2.
Exhibit IA
Community Development Block Grant(CDBG)
Supplemental Conditions
work performed, number of regular hours worked, and of a Member of Congress in connection with this
number of overtime hours worked. Federal contract, grant, loan or cooperative
agreement, the Recipient shall complete and submit
H. Standard Form- LLL, "Disclosure Form to Report
Apprentices/Helpers Lobbying."
A worker may be classified as an apprentice only if
participating in a federal or state program. 1. The Recipient shall require that this
Documentation of participation must be submitted. certification be included in the award documents for
Generally, the apprentice program specifies that the all subawards (including subcontracts, subgrants, and
apprentice will be compensated at a percentage of the contracts under grants, loans, and cooperative
journeyman rate. For Davis-Bacon Act purposes, the agreements) and that all subrecipients shall certify
hourly rate cannot be lower than the percentage of the and disclose. This certification is a material
hourly rate for the classification in the applicable wage representation of fact upon which reliance was
decision. placed when this transaction was made or entered
into. Submission of this certification is a prerequisite
If the worker does not participate in a federal or state for making or entering into this transaction
apprentice program, then the worker must be classified imposed by Section 1352, Title 31, U.S. Code.
according to duties performed.This procedure may require Any person who fails to file the required
classification in the "trade" depending on tools used, or as certification shall be subject to a civil penalty of not
a laborer if specialized tools of the trade are not used. less than $10,000 and not more than $100,000 for
The contractor may want to consult with the Wage and each such failure.
Hour Division of the U.S. Department of Labor located
in most large cities regarding the appropriate classification. 13. DEBARMENT
Pursuant to 24 CFR 24, all grantees are required to
Presently, no worker may be classified as a "helper". verify that any/all persons, contractors, consultants,
As with apprentices not participating in a formal businesses, sub-recipients, etc. that are conducting
apprentice program, the worker must be classified business with the grantee, including any city/county or the
according to duties performed and tools used. grantee itself, are not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily
12.LOBBY PROHIBITION excluded from participation in the covered transaction or
(a) No funds or other resources received from in any proposal submitted in connection with the covered
the Department under this Agreement may be used transaction. Verification will be checked through the
directly or indirectly to influence legislation or any Excluded Parties Listing System (at website:
other official www.epls.gov).
action by the Florida Legislature or any state agency.
(b) The Recipient certifies, by its signature to this 14. HISTORIC PRESERVATION The Contractor
Agreement, that to the best of his or her knowledge and shall comply with the historic preservation requirements
belief; of 24
1. No Federal appropriated funds have been paid CFR 58.17 and the Secretary of the Interior's Standards
or will be paid, by or on behalf of the Recipient, to for Rehabilitation and Guidelines for Rehabilitating
any person for influencing or attempting to influence Historic Buildings and with all other environmental
an officer or employee of any agency," a Member of regulatory requirements. D. Historic Preservation: The
Congress, an officer or employee of Congress, or contractor agrees to comply with the Historic Preservation
an employee of a Member of Congress in requirements set forth in the National Historic Preservation
connection with the awarding of any Federal contract, Act of 1966, as amended(16 USC 470) and the procedures
the making of any Federal grant, the making of any set forth in 36 CFR 800, Advisory Council on
Federal loan, the entering into of any cooperative Historic reservation Procedures for Protection of Historical
agreement, and the extension, continuation, renewal, Properties.
amendment or modification of any Federal contract,
grant, loan or cooperative agreement. 15. RECORD KEEPING AND
DOCUMENTATION
2. If any funds other than Federal appropriated The Recipient, its employees or agents, including all
funds have been paid or will be paid to any person for contractors, subcontractors or consultants to be paid
influencing or attempting to influence an officer or from funds under this Agreement, shall allow access
employee of any agency, a Member of Congress, to its records at reasonable times to the
an officer or employee of Congress, or an employee Departments, its employees and agents. "Reasonable"
10/1/2012-(2)
24
Packet Page-561-
5/28/2013 16.B.2.
Exhibit IA
Community Development Block Grant(CDBG)
Supplemental Conditions
shall ordinarily mean during normal business hours of
8am to 5pm local time, on Monday through Friday.
"Agents" shall include, but not be limited to, auditors
retained by the Department.
1. The Contractor shall maintain all records required by the
grantor. 2. All reports, plans, surveys, information,
documents, maps and other data procedures developed,
prepared, assembled, or completed by the Contractor for
the purpose of this Agreements shall be made available to
the County by the Contractor at any time upon request by
the County, HHVS or HUD. Upon completion of all work
contemplated under this agreement copies of all
documents and records relating to this agreement shall be
surrendered to HHVS if requested. In any event the sub-
recipient shall keep all documents for six (6) years after
the expiration of this agreement.
16. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this
Agreement shall be clearly identified as to the funding
source. The subrecipient will include a reference to the
financial support herein provided by HHVS in all
publications and publicity. In addition, the subrecipient will
make a good faith effort to recognize HHVS' support for all
activities made possible with funds made available under this
Agreement. The Contractor will mount a temporary
construction sign for projects funded by HHVS. The design
concept is intended to disseminate key information regarding
the development team as well as Equal Housing Opportunity
to the general public. The Construction sign shall comply
with applicable County codes.
18. RIGHT AND PATENT RIGHTS
No reports, maps, or other documents produced in whole or
in part under this contract shall be the subject of an
application for copyright by or on behalf of the contractor.
The US Department of Housing and Urban Development and
the grantee shall possess all rights to invention or discovery,
as well as rights in data which may arise as a result of the
contractor's services.
19.RELIGIOUS OGANIZATIONS
CDBG funds may not be used for religious activites or
provided to primarily religions organizations. Section 24
CFR 570.200(j)specifies the limitations on CDBG funds.
10/1/2012-(2)
25
Packet Page-562-
5/28/2013 16.B.2.
Exhibit 1A
Community Development Block Grant(CDBG)
Supplemental Conditions
Appendix
Minority Participation Goals
These are the goals, by county, for meeting the minority participation portion of Section 7-
B(2)(b) of the CDBG Supplemental Conditions. These are contractor workforce goals, not goals
for subcontracting to minority and women firms. Solicitation of minority and women firms as
subcontractors is a separate federal requirement which the contractor must document
compliance with.
Tampa-St. Petersburg Area Percentage Orlando- Daytona Beach Area Percentage
Hillsborough, Pinellas, Pasco 17.9
Volusia 15.7
Charlotte,Citrus, Collier, 17.1
DeSoto, Hardee, Hernando, (all seven) Brevard 10.7
& Highlands
Orange,Osceola, Seminole 15.5
Lee 15.3
Flagler, Lake, Sumter 14.9
Manatee 15.9
Miami-Fort Lauderdale Area
Polk 18.0 Dade 39.5
Sarasota 10.5 Broward 15.5
Tallahassee Area Palm Beach 22.4
Leon,Wakulla 24.3
Glades, Hendry, Indian River 30.4
Calhoun, Franklin,Gadsden, 29.5 Martin, Monroe, (all seven)
Jackson,Jefferson, Liberty, (all eight) &Okeechobee, &St. Lucie
Madison,&Taylor
Pensacola- Panama City Area
Bay 14.1
Escambia, Santa Rosa 18.3
Gulf, Holmes,Okaloosa, 15.4
Walton, &Washington (all five)
Jacksonville Area
Alachua 20.6
Baker,Clay, Duval, 21.8
Nassau, & St. Johns (all five)
Bradford, Columbia, Dixie, 22.2
Gilchrist, Hamilton, Lafayette (all 11)
Levy, Marion, Putnam,
Suwannee, & Union
10/1/2012-(2)
26
Packet Page-563-
5/28/2013 16.B.2.
Exhibit 1A
Community Development Block Grant(CDBG)
Supplemental Conditions
State and Federal Statutes and Regulations
By signature of this Agreement, the contractor hereby certifies that it will comply with the
following (as applicable) federal and state requirements:
1. Community Development Block Grant Disaster 34. Flood Disaster Protection Act of 1973, P.L 92-
2. Recovery Emergency Rule 9BER09-2; The Solid 234;
Waste Disposal Act,as amended by the Resource 35. Protection of Historic and Cultural
Conservation and Recovery Act of 1975(42 U.S.C., Properties under HUD Programs, 24
s.6901 et.seq.); C.F.R. Part 59;
3. Florida Small a n d Minority Business Act, s.288.702- 36. Coastal Zone Management Act of 1972, P.L
288.714, F.S.; 92-583;
4. Florida Coastal Zone Protection Act, s. 161.52- 161.58, 37. Architectural and Construction Standards;
F.S.; 38. Architectural Barriers Act of 1968,42 U.S.C.
5. Local Government Comprehensive Planning and Land 4151;
Development Regulation Act, Ch. 163, F.S.; 39. Executive Order 11296, relating to
6. Title I of the Housing and Community Development evaluation of flood hazards;
7. Act of 1974, as amended 40. Executive Order 11288. relating to prevention,
8. Treasury Circular 1075 regarding drawdown of control and abatement of water pollution;
CDBG funds. 41. Cost-Effective Energy Conservation Standards,
9. Sections 290.0401-290.049, F.S.; 24 C.P.R. Part 39;
10. Rule Chapter 9B-43, Fla.Admin. Code.; 10. 42. Section 8 Existing Housing Quality Standards,
Department of Community Affairs Technical 24 C.F.R. Part 882;
Memorandums; 43. Coastal Barrier Resource Act of 1982;
11. HUD Circular Memorandums applicable to the Small 44. Federal Fair Labor Standards Act, 29 U.S.C.,s.
Cities CDBG Program; 201 et. seq.;
12. Single Audit Act of 1984; 45. Title VI of the Civil Rights Act of 1964
13. National Environmental Policy Act of 1969 and Non discrimination;
other provisions of law which further the purpose of 46. Title VII of the Civil Rights Act of 1968
this Act; Non-discrimination in housing;
14. National Historic Preservation Act of 1966(Public 47. Age Discrimination Act of 1975;
Law89-665) as amended and Protection of Historic 48. Executive Order 12892-Fair Housing
Properties (24C.F.R. Part 800); 49. Section 109 of the Housing and Community
15. Preservation of Archaeological and Historical Data Act Development Act of 1974, Non-discrimination;
of 1966; 50. Section 504 of the Rehabilitation Act of
16. Executive Order 11593-Protection and Enhancement 1973 and 24 C.F.R. Part 8;
of Cultural Environment; 51. Executive Order 11063-Equal Opportunity in
17. Reservoir Salvage Act; Housing;
18. Safe Drinking Water Act of 1974, as amended; 52. Executive Order 11246- Non-discrimination;
19. Endangered Species Act of 1958, as amended; 53. Section 3 of the Housing and Urban
20. Executive Order 12898-Environmental Justice Development Act of 1968, as amended
21. Executive Order 11988 and 24 C.F.R. Part 55- -Employment Training of Lower
Floodplain Management; Income Residents and Local Business
22. The Federal Water Pollution Control Act of 1972, as Contracting;
amended (33 U.S.C.,s. 1251 et.seq.); 54. Uniform Relocation Assistance and
23. Executive Order 11990-Protection of Wetlands; Real Property Acquisition Policies Act of
24. Coastal Zone Management Act of 1968, as 1970, P.L., 100-17, and 49 C.F.R. Part
amended; 24;
25. Wild and Scenic Rivers Act of 1968, as amended; 55. Copeland Anti-Kickback Act of 1934; Hatch Act;
26. Clean Air Act of!977; 56. Title N Lead-Based Paint Poisoning Prevention
27. HUD Environmental Standards(24 C.F.R. Part 58); Act(42 U.S.C.,s. 1251 et. seq.);
28. Farmland Protection Policy Act of 1981; 57. OMB Circulars A-87, A-!02,A-122, and A-
29. Clean Water Act of 1977; !33, as revised;
30. Davis-Bacon Wage Rate Act; 58. Administrative Requirements for Grants, 24
31. Contract Work Hours and Safety Standards Act of C.F.R. Part 85;
1962,40 U.S.C.s. 327 et. seq.; 59. Section 02 of the Department of Housing and
32. The Wildlife Coordination Act of 1958, as amended; Urban Development Reform Act of 1989 and 24
33. Noise Abatement and Control: Departmental Policy C.F.R. Part 12.
Implementation, Responsibilities, and Standards, 24
C.F.R. Part 51, Subpart B;
10/1/2012-(2)
27
Packet Page-564-
Exhibit 1A
5/28/2013 16.B.2.
Community Development Block Grant(CDBG)
Supplemental Conditions
mss..
10/1/2012-(2)
28
Packet Page-565-
Exhibit IA 5/28/2013 16.B.2.
Community Development Block Grant(CDBG)
Supplemental Conditions
Section 3 Requirements
What is Section 3?
Section 3 is a provision of the Housing and Urban Development (HUD)Act of 1968 that helps
foster local economic development, neighborhood economic improvement, and individual self-
sufficiency. The Section 3 program requires that recipients of certain HUD financial assistance, to
the greatest extent feasible, provide job training, employment, and contracting opportunities for
low- or very-low income residents in connection with projects and activities in their neighborhoods.
How does Section 3 promote self-sufficiency?
Section 3 is a starting point to obtain job training, employment and contracting opportunities. From
this integral foundation coupled with other resources comes the opportunity for economic
advancement and self-sufficiency.
• Federal, state and local programs
•Advocacy groups
• Community and faith-based organizations
How does Section 3 promote homeownership?
Section 3 is a starting point to homeownership. Once a Section 3 resident has obtained
employment or contracting opportunities they have begun the first step to self-sufficiency.
Remember, "It doesn't have to be fields of dreams". Homeownership is achievable. For more
information visit our HUD website.
Who are Section 3 residents?
Section 3 residents are:
• Public housing residents or
• Persons who live in the area where a HUD-assisted project is located and who have a
household income that falls below HUD's income limits.
Determining Income Levels
• Low income is defined as 80% or below the median income of that area.
•Very low income is defined as 50% or below the median income of that area.
What is a Section 3 business concern?
A business that:
• Is 51 percent or more owned by Section 3 residents;
• Employs Section 3 residents for at least 30 percent of its full-time, permanent staff; or
10/1/2012-(2)
29
Packet Page-566-
Exhibit 1A 5/28/2013 16.B.2.
Community Development Block Grant(CDBG)
Supplemental Conditions
• Provides evidence of a commitment to subcontract to Section 3 business concerns, 25
percent or more of the dollar amount of the awarded contract.
What programs are covered?
Section 3 applies to HUD-funded Public and Indian Housing assistance for development,
operating, and modernization expenditures.
Section 3 also applies to certain HUD-funded Housing and Community Development projects that
complete housing rehabilitation, housing construction, and other public construction.
What types of economic opportunities are available under Section 3?
• Job training
• Employment
• Contracts
Any employment resulting from these expenditures, including administration, management, clerical
support, and construction, is subject to compliance with Section 3.
Examples of Opportunities include:
•Accounting • Electrical • Marketing
•Architecture • Elevator Construction • Painting
•Appliance repair • Engineering • Payroll Photography
• Bookkeeping • Fencing • Plastering
• Bricklaying • Florists • Plumbing
• Carpentry • Heating • Printing Purchasing
• Carpet Installation • Iron Works • Research
• Catering • Janitorial • Surveying
• Cement/Masonry • Landscaping • Tile setting
• Computer/Information • Machine Operation • Transportation
• Demolition • Manufacturing • Word processing
• Drywall
Who will award the economic opportunities?
Recipients of HUD financial assistance will award the economic opportunities. They and their
contractors and subcontractors are required to provide, to the greatest extent feasible, economic
opportunities consistent with existing Federal, State, and local laws and regulations.
Who receives priority under Section 3?
For training and employment:
• Persons in public and assisted housing
• Persons in the area where the HUD financial assistance is spent
• Participants in HUD Youthbuild programs
• Homeless persons
For contracting:
Businesses that meet the definition of a Section 3 business concern
10/1/2012-(2)
30
Packet Page-567-
5/28/2013 16.B.2.
Exhibit 1A
Community Development Block Grant(CDBG)
Supplemental Conditions
How can businesses find Section 3 residents to work for them?
Businesses can recruit Section 3 residents in public housing developments and in the neighborhoods
where the HUD assistance is being spent. Effective ways of informing residents about available training
and job opportunities are:
• Contacting resident organizations, local community development and employment
agencies
• Distributing flyers
• Posting signs
• Placing ads in local newspapers
Are recipients, contractors, and subcontractors required to provide long-term employment
opportunities, not simply seasonal or temporary employment?
Recipients are required, to the greatest extent feasible, to provide all types of employment opportunities to
low and very low-income persons, including permanent employment and long-term jobs.
Recipients and contractors are encouraged to have Section 3 residents make up at least 30 percent of
their permanent, full-time staff.
A Section 3 resident who has been employed for 3 years may no longer be counted towards meeting the
30 percent requirement. This encourages recipients to continue hiring Section 3 residents when
employment opportunities are available.
What if it appears an entity is not complying with Section 3?
There is a complaint process. Section 3 residents, businesses, or a representative for either may file a
complaint if it seems a recipient is violating Section 3 requirements are being on a HUD-funded project.
Will HUD require compliance?
Yes. HUD monitors the performance of contractors, reviews annual reports from recipients, and
investigates complaints. HUD also examines employment and contract records for evidence that
recipients are training and employing Section 3 residents and awarding contracts to Section 3
businesses.
How can Section 3 residents or Section 3 business concerns allege Section 3 violations?
You can file a written complaint with your local HUD Field Office.
A written complaint should contain:
• Name and address of the person filing the complaint
• Name and address of subject of complaint (HUD recipient, contractor or subcontractor)
• Description of acts or omissions in alleged violation of Section 3
• Statement of corrective action sought i.e. training, employment or contracts
10/1/2012-(2)
31
Packet Page-568-
5/28/2013 16.B.2.
Exhibit 1A
Community Development Block Grant(CDBG)
Supplemental Conditions
DAVIS BACON GENERAL WAGE DECISION
FOLLOW ON NEXT SEVERAL PAGES
10/1/2012-(2)
32
Packet Page-569-
5/28/2013 16.B.2.
Exhibit IA
Community Development Block Grant(CDBG)
Supplemental Conditions
CERTIFICATIONS AND FORMS
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY
DEADLINE TO BE CONSIDERED RESPONSIVE
1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered
Transactions
2. Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Lower Tier
Covered Transactions
3. Affidavit for and Certification for Claiming Status as a Section 3 Business
4. General Grant Clauses
5. Acknowledgement of Religious Organization Requirements 24 CFR 570.200(j)
6. Conflict of Interest Affidavit
7. Certification for a Drug Free Workplace
8. Disclosure of Lobbying Activities
10/1/2012-(2)
33
Packet Page-570-
5/28/2013 16.B.2.
Exhibit IA
Community Development Block Grant(CDBG)
Supplemental Conditions
Certification Regarding
Debarment, Suspension, and Other Responsibility Matters
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph (I)(b) of
this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Name Project Name
Title Project Number
Firm Tax ID Number
Street Address DUNS Number
City, State, Zip
10/1/2012-(2)
34
Packet Page-571-
5/28/2013 16.B.2.
Exhibit IA
Community Development Block Grant(CDBG)
Supplemental Conditions
24 CFR 24.510&24 CFR, Part 24,Appendix A
Certification Regarding Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Lower Tier Covered Transactions
(1) The prospective lower tier participant certifies, by submission of this document, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to the above statement, the prospective
participant shall attach an explanation to this form.
Name Local Government
Title CDBG Contract Number
Firm Tax ID Number
Street Address DUNS Number
City, State, Zip
Date
10/1/2012-(2)
35
Packet Page-572-
5/28/2013 16.B.2.
Exhibit 1A
Community Development Block Grant(CDBG)
Supplemental Conditions
Affidavit for and Certification for Claiming Status as a Section 3 Business
Collier County provides an incentive to certified Section 3 businesses to enhance the opportunities and
ensure that employment and other economic opportunities generated by certain HUD Housing and/or
Community Development Assistance funding shall, to the greatest extent feasible, and consistent with
existing Federal, State, and local law and regulations, be directed to low- and very-low income persons and
to business concerns which provide economic opportunities to low- and very-low income persons of local
businesses to receive awards of Collier County contracts.
A"Section 3 Business" is defined as a business that provides evidence of their Section 3 certification at the
time the bid is offered to the County; evidence shall not be provided after the bid closing time. In the
evaluation of proposals, the County rewards Vendors for being Section 3 certified by assigning 20 percent
of the total award criterion toward businesses that is certified and/or provides evidence of a commitment to
train Section 3 residents.
1. Provide evidence of Section 3 certification (15 points)
2. Identify the proposer's commitment to train Section 3 residents and business under this scope of
work (5 points)
Proposer must complete and submit with their response the Affidavit and Certification for Claiming Status as
a Section 3 Business which is included as part of this solicitation and their current Section 3 certification.
Failure on the part of a Proposer to submit this Affidavit and the certification with their proposal
will preclude said Proposer from being considered for Section 3 preference on this solicitation.
A Proposer who misrepresents the Section 3 Preference status of its firm in a bid submitted to the County
will lose the privilege to claim Section 3 Preference status for a period of up to one (1) year.
The County may, as it deems necessary, conduct discussions with responsible proposer 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.
10/1/2012-(2)
36
Packet Page-573-
5/28/2013 16.B.2.
Exhibit 1A
Community Development Block Grant(CDBG)
Supplemental Conditions
Exhibit 5: Sample Section 3 Vendor Certification Letter
4224 Renaissance Preserve Way
Fort Myers,FL 33916
Phone:(239)344-3220
TTY!l 800-955-8771
Website:www.hacfm.org
.t
Marcus D.Goodson,Executive Director
The Housing Authority of the City of Fort Myers
June 21,2011
Freeman&Freeman,Inc.
Ernest N.Freeman Jr.
324 South 2nd St.
Immokalee,FL 34143
Dear Mr.Freeman:
On June 21,2011,The Housing Authority of the City of Fort Myers(HACFM)certified
Freeman&Freeman,Inc.as a Section 3 Business based on the premise that the business'
current workforce is comprised of 30%or more Section 3 residents. This certification will
remain in effect for a period of three years from the date of certification. In accordance with 24
CFR Part 135.5,any business seeking to qualify for a Section 3 contracting preference shall
certify or submit evidence if requested,that the business is a Section 3 business. This letter
serves as notice that Freeman&Freeman,Inc.has submitted such evidence to HACFM on
June 16,2011.
Certification as a Section 3 Business does not guarantee that your firm will receive work or a
contract award with HACFM for future projects. Upon requesting a bid or proposal package,
your business/firm must respond according to HACFM's procurement procedures. If you have
any questions regarding your Section 3 status,please contact me at the number provided.
•
Kind Regards,
444-
Twaski Jackson
Project Manager/Section 3 Coordinator
Real Estate Development Dept.
Housing Authority of the City of Fort Myers
(0)239-344-3232
(F)239-344-3270
twaski@hacfm.org
10/1/2012-(2)
37
Packet Page-574-
5/28/2013 16.B.2.
Exhibit IA
Community Development Block Grant(CDBG)
Supplemental Conditions
This project is subject to the provisions of Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u). The purpose of Section 3 is to ensure that employment and other economic opportunities
generated by certain HUD Housing and/or Community Development Assistance shall, to the greatest extent
feasible, and consistent with existing Federal, State, and local law and regulations, be directed to low-and
very-low income persons and to business concerns which provide economic opportunities to low-and very-low
income persons.
A Section 3 business concerned is defined as follows:
1. That is 51 percent or more owned by Section 3 residents; or
2. Whose permanent,full-time employees include persons, at least 30 percent of whom are
currently Section 3 residents, or within three years of the date of first employment with the
business concern were Section 3 residents; or
3. That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar award
of all subcontracts to be awarded to business concerns that meet the qualifications set forth in
section one or two above.
In conformance with Section 3 federal regulations(24 CFR Part 135), Collier County shall direct efforts to
award Section 3 covered contracts,to the greatest extent feasible, to Section 3 business concerns in the order
of priority listed below:
1. Category 1 businesses: Section 3 business concerns that provide economic opportunities for Section
3 residents in the service area or neighborhood in which the Section 3 covered project is located;
2. Category 2 businesses: Applicants(as this term is defined in 42 U.S.C. 12899)selected to carry out
HUD HOUSING AND/OR COMMUNITY DEVELOPMENT ASSISTANCE Youthbuild ',.
programs;
3. Category 3 businesses: Other Section 3 business concerns.
A business concern seeking to qualify for a Section 3 contracting preference shall certify that the
business concern is a Section 3 business concern as described above.
Vendor Name Date
Address
Signature Title
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this
Day of . 20
My Commission Expires:
Notary Public
10/1/2012-(2)
38
Packet Page-575-
5/28/2013 16.B.2.
Exhibit IA
Community Development Block Grant(CDBG)
Supplemental Conditions
(AFFIX SEAL)
10/1/2012-(2)
39
Packet Page-576-
5/28/2013 16.B.2.
Exhibit 1A
Community Development Block Grant(CDBG)
Supplemental Conditions
General Grant Clauses
On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements
identified in this solicitation document(s).
Vendor/Contractor Name Date
Authorized Signature
Address
Solicitation Contract#
10/1/2012-(2)
40
Packet Page-577-
5/28/2013 16.B.2.
Exhibit 1A
Community Development Block Grant(CDBG)
Supplemental Conditions
Acknowledgement of Religious Organization Requirements
24 CFR 570.200(j)
In accordance with the First Amendment of the United States Constitution "church/state principles," Community
Development Block Grant CDBG/NSP assistance may not, as a general rule, be provided to primarily religious
entities for any secular or religious activities.
Therefore, the following restrictions and limitations apply to any provider which represents that it is, or may be
deemed to be, a religious or denominational institution or an organization operated for religious purposes which
is supervised or controlled by or operates in connection with a religious or denominational institution or
organization.
A religious entity that applies for and is awarded CDBG/NSP funds for public service activities must agree to the
following:
1. It will not discriminate against any employee or applicant for employment on the basis of religion and will
not limit employment or give preference to persons on the basis of religion.
2. It will not discriminate against any person applying for such public services on the basis of religion and will
not limit such services or give preference to persons on the basis of religion.
3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no
religious proselytizing, and exert no other religious influence in the provision of such public services.
4. The portion of a facility used to provide public services assisted in whole or in part under this
agreement shall contain no sectarian or religious symbols or decorations;and
5. The funds received under this agreement shall be use to construct, rehabilitate or restore any facility,
which is owned by the provider and in which the public services are to be provided. However, minor repairs
may be made if such repairs are directly related to the public services located in a structure used
exclusively for non-religious purposes and constitute in dollar terms, only a minor portion of the CDBG/NSP
expenditure for the public services.
I hereby acknowledge that I have read the specific requirements contained in this attachment and that eligibility of
my organization's project depends upon compliance with the requirements contained in this agreement.
(Company)
(Signature) (Date)
(Print Name)
10/1/2012-(2)
41
Packet Page-578-
5/28/2013 16.B.2.
Exhibit 1A
Community Development Block Grant(CDBG)
Supplemental Conditions
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.
Vendor Name Date
Address
Signature Title
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
My Commission Expires
Notary Public
(AFFIX SEAL)
10/1/2012-(2)
42
Packet Page-579-