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Agenda 07/24/2012 Item #16C 67/24/2012 Item 16.0.6. EXECUTIVE SUMMARY Recommendation to approve a time and materials contract in the not -to- exceed amount of $265,888.25 with Q. Grady Minor for Request for Proposal No. I1- 5708, "Construction Engineering and Inspection Services for Master Pumping Station 312 Rehabilitation," Project Number 72549. OBJECTIVE: To provide expert construction engineering inspection (CEI) services for the Master Pumping Station (MPS) 312 Rehabilitation project to ensure proper adherence to the contract documents, and that the end result is a high - quality, best -value project providing fully regulatory compliant, reliable, and sustainable service. CONSIDERATIONS: On June 24, 2008, as Agenda items 10G, the Board of County Commissioners (Board) adopted the 2008 Wastewater Master Plan Update that identified the requirement for rehabilitating master pumping stations. This project is consistent with the 2008 Wastewater Master Plan Update, Project 72549, "LS Mechanical Improvements – User Fee" as shown in Section 8, Table 8 -2, Page 4 of 5, Line 119; and, with the 2011 Wastewater CIP Update, Page 2 of 4, line 53, as identified in the 2011 Internal Master Plan Review. On October 11, 2011, as Agenda Item 16(C)1, the Board approved the selection committee rankings that selected Q. Grady Minor (QGM) to provide the required CEI services for Request for Proposal No. 11 -5708, and authorized staff to enter into contract negotiations with QGM. Staff and QGM successfully negotiated a time and materials contract in the not -to- exceed amount of $265,888.25. QGM is qualified and has extensive experience both designing and inspecting MPS work. Staff recommends approval of this contract. FISCAL IMPACT: Funding is available in, and is consistent with, the FY2012 Capital Budget approved by the Board on September 22, 2011. The source of funding is Wastewater User Fees, Fund (414). LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the viability of public facilities. RECOMMENDATIONS: That the Board of County Commissioners, as Ex- officio the Governing Board of the Collier County Water -Sewer District, approve a time and materials contract in the not -to- exceed amount of $265,888.25 with Q. Grady Minor for Request for Proposal No. 11 -5708, "Construction Engineering and Inspection Services for Master Pumping Station 312 Rehabilitation," Project Number 72549. Prepared by: Peter Schalt, Senior Project Manager, Public Utilities Planning and Project Management Department Packet Page -1941- 7/24/2012 Item 16.0.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.C.6. Item Summary: Recommendation to approve a time and materials contract in the not -to- exceed amount of $265,888.25 with Q. Grady Minor for Request for Proposal No. 11 -5708, "Construction Engineering and Inspection Services for Master Pumping Station 312 Rehabilitation," Project Number 72549. Meeting Date: 7/24/2012 Prepared By Name: SchaltPeter Title: Project Manager, Senior,Public Utilities Engineeri 6/26/2012 9:23:47 AM Approved By Name: HapkeMargie Title: Operations Analyst, Public Utilities Date: 6/26/2012 10:46:15 AM Name: Steve Messner Title: Plant Manager,Water Date: 6/26/2012 11:06:04 AM Name: NagySteve Title: Manager - Wastewater Collection, Wastewater Date: 6/26/2012 11:20:41 AM Name: ParkerNicole Title: Contracts Specialist,Purchasing & General Services Date: 6/26/2012 12:55:16 PM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 6/27/2012 8:06:33 AM Name: JohnssenBeth Date: 6/27/2012 2:20:34 PM Packet Page -1942- Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 6/27/2012 3:41:47 PM Name: ChmelikTom Title: Director, Public Utilities Engineering Date: 6/28/2012 1:46:04 PM Name: PajerCraig Title: Project Manager, Senior,Public Utilities Engineering Date: 7/4/2012 8:12:29 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 7/5/2012 8:36:44 AM Name: YilmazGeorge Title: Administrator, Public Utilities Date: 7/9/2012 8:56:01 AM Name: Amysue Benker Title: Executive Secretary, Date: 7/10/2012 9:47:45 AM Name: KlatzkowJeff Title: County Attorney Date: 7/10/2012 11:17:56 AM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 7/13/2012 2:27:56 PM Name: OchsLeo Title: County Manager Date: 7/13/2012 9:34:42 PM Packet Page -1943- 7/24/2012 Item 16.0.6. 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Contract #11 -5708 Construction Engineering Inspection (CEI) Services for Master Pumping Station 312 Rehabilitation PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of 2012, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER ") and Q. Grady Minor & Associates, PA., authorized to do business in the State of Florida, whose business address is 3800 Via Del Rey, Bonita Springs, Florida, 34134 (hereinafter referred to as the "CONSULTANT') WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Construction Engineering Inspection (CEI) services of the CONSULTANT concerning Master Pumping Station 312 Rehabilitation (hereinafter referred to as the "Project "), said services being more fully described in Schedule A, "Scope of Services ", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein,.the parties hereto agree as follows: Packet Page -1945- 7/24/2012 Item 15.0.6. ARTICLE ONE CONSULTANT'S RESPONSIBILIT' 1.1. CONSULTANT shall provide to OWNER professional Construction Engineering Inspection (CEl) 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 David W. Schmitt, PE. a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator "). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by 2 Packet Page -1946- 7/24/2012 Item 16.C.6. the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including 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. 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 Packet Page -1947- 7/24/2012 Item 16.C.6. deliverables, incomplete and /or deficient documents, failure to comply with local, state and /or federa requirements andior 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 Packet Page -1948- 7/24/2012 Item 16.C.6. 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 u advances in connection with the Project. s Packet Page -1949- 7/24/2012 Item 16.C.6. 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 -1950- 7/24/2012 Item 16.C.6. 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; Packet Page -1951- 7/24/2012 Item 16.0.6. (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 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. s Packet Page -1952- 7/24/2012 Item 16.C.6. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to 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. 9 Packet Page -1953- 7/24/2012 Item 16.C.6. 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 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 io Packet Page -1954- 7/24/2012 Item 16.C.6. CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall 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. 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: 11 Packet Page -1955- 7;24/2012 Item 16.C.6. ` .Z. Ali insurance policies, other than the Business Automobiie 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 severabiiity 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, 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: 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 12 Packet Page -1956- 7/24/2012 Item 16.C.6. 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 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 13 Packet Page -1957- 7/24/2012 Item 16.0.6, 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 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 14 Packet Page -1958- 7124/2012 Item 16.C.6. 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. 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 15 Packet Page -1959- 7/24/2012 Item 16.C.E.. oy OWNER to CONSULTANT undeE this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSUL T ANT, 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' intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULT ANT 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 16 Packet Page -1960- 7/24/2012 Item 16.0.6. 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 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 Public Utilities Department 3339 Tamiami Trail East, Suite 303 Naples, FL. 34112 Attention: Pete Schalt, Senior Project Manager Phone: 239 - 252 -5343 Fax: 239- 252 -5378 Packet Page -1961- 7/24/2012 Item 16.C.6. 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: Q. Grady Minor & Associates, PA. 3800 Via Del Rey Bonita Springs, FL. 34134 Attention: David W. Schmitt, PE. Phone: 239 - 947 -1144 Fax: 239 - 947 -0375 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 18 Packet Page -1962- 7/24/2012 Item 16.C.6. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be R Packet Page -1963- 7/24/2012 Item 16.0.6. brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT /PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." 20 Packet Page -1964- 7/24/2012 Item 16.0.6. ARTICLE TWENT\,` DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et 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. 2] Packet Page -1965- 7/24/2012 Item 16.0.6. IN' WITNESS` WHEREOF, the parties hereto have execuied this Professional Services Agreement for Construction Engineering Inspection (CEI) services the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR Dwight E. Brock, Cleric COLLIER COUNTY, FLORIDA, By- Date: By. Fred W Coyle, Chairman Approved as to form and L fficiency; Scott Teach Deputy County Attorney r Witness Print Name Witness Print Name Q. GRADY MINOR & ASSOCIATES, PA. 22 Typed Name and Title Packet Page -1966- 7/24/2012 Item 16.0.6. SCHEDULE A SCOPE OF SERVICES TASK 1 — DETAILED OBSERVATION AND DOCUMENTATION TASK 1 - DETAILED OBSERVATION AND DOCUMENTATION NOT TO EXCEED COST (T& M) 1.1 Construction Observation $123,820.25 1.2 Log and Construction Documents $19,500.00 1.3 Photographic and Video Record $19,500.00 1.4 General Coordination $5,570.75 1.5 Observe Regulatory Agency Inspections $1,500.00 1.6 Construction Progress Meetings $23,183.50 1.7 Substantial Completion Inspections $2,500.00 1.8 Final Completion Inspection $3,025.50 1.9 Final Construction Certification $1,512.75 TOTAL FOR TASK 1 — Not to Exceed $200,112.75 One (1) Construction Inspector shall observe regular construction and testing activities related to the Project on a daily basis, including Master Pumping Station 312 Rehabilitation work. Construction daily reports and pictures of construction will be prepared daily by the Construction Inspector, on the day the construction activity takes place. All construction documentation will be provided no later than the next morning via electronic E -mail to the County project manager. A hard copy will be kept in the project file in the inspector's trailer. The Construction Inspector will provide the following services. 1.1 - Construction Observation —The Construction Inspector will conduct on -site observations and inspections of all construction activities on the Project on a full time daily basis unless directed otherwise by the County project manager, to ensure that all work is completed in accordance with the Contract Documents. The Construction Inspector will be obligated on a full -time basis in general. The Construction Inspector will inform the County project manager and the on -site superintendent of the construction contractor of any concerns or issues related to conformance of the work with the Contract Documents as an attempt to resolve any concern or issue on -site. If the concern or issue is not immediately resolved in the field, the Construction Inspector shall inform the Engineer of Record ( "EOR ") and the County project manager in A -1 Packet Page -1967- 7/24/2012 Item 16.C.6, writing about the concern or issue within eight (8) business hours, but not more than one (1 business day after the discovery of any concern or issue. The FOR will be responsible for investigating the concern or issue and resolving the same through a written directive to the construction contractor and so inform the County project manager and the Construction Inspector in writing. This protocol will be initiated any time the Construction Inspector becomes aware of any construction that is unsatisfactory, faulty or defective, does not conform to the Contract Documents, does not meet the requirements of any inspections, tests or approval required to be made, or any facility has been damaged. The Construction Inspector will maintain a separate Issue Resolution Log documenting any issue or concern that is conveyed in writing to the EOR, including the written directive resolving the issue or concern. 1.2 - Log and Construction Documentation — The Construction Inspector will prepare a daily log with pictures recording activities and details related to the work on a form approved in advance by the County project manager. Information will be recorded in the log when at the Project Site. Log entries will record all relevant aspects of the construction observed while on site including, but not limited to: construction crew (labor) details, equipment used, materials used, compliance testing and inspection performed, weather, temperature, site conditions, trench conditions, backfill material used, dewatering methods, compaction methods, location of the work, and all other details related to the Work. The log will reference the digital photographs and or video taken with appropriate file names and file locations. In addition to the construction details, the daily log will contain information related to: time and hours on the job site, weather conditions, data pertaining to questions of quantities of materials used, extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, observations in general and specific observations in more detail as in observing test procedures, conformance inspection of materials and fittings, name plate data for equipment and material installed, and other information requested by the project manager. Logs, photograph files and other construction documentation will be provided to the project manager by the Construction Inspector on a daily basis in an electronic file via E -mail, on a digital CD (only if requested by the County project manager) and a printed copy to be maintained on the project site in the inspector's trailer. 3 — Photographic and Video Record — The Construction Inspector will provide a comprehensive digital photographic record of all construction activities related to the Project. The digital file names will be referenced in the log along with a brief description of the A -2 Packet Page -1968- 7/24/2012 Item 16.C.6. photograph, the date and time of the photograph and the name of the photographer. The digital files will be transferred via E -mail to the County project manager on a daily basis, to a digital CD (if requested by the County project manager), and submitted on a daily basis along with the construction documentation. The photographs may be electronic sent via E -mail to the project manager on a daily basis. If requested by the project manager, pictures will be printed in high resolution color, two captioned photos per 8 Y2" x 11" sheet, printed one side only. The prints if requested will be provided to the project manager when needed. If requested by the County project manager, video will be provided in digital format on DVD bi- weekly. 1.4 - General Coordination — The Construction Inspector will coordinate all activities related to the Project between the construction contractor, the FOR and the County project manager. The Construction Inspector will oversee substantial and final completion inspections, and prepare and maintain the punch list, including follow -up inspections to ensure that punch list items are corrected and /or completed. 1.5 - Observe Regulatory Agency Inspections — The inspector will accompany visiting inspectors representing any regulatory agencies having jurisdiction over the Project and will record all discussions and the outcome of these regulatory inspections in the logs. The inspector will always notify the County project manager prior to any such inspections. 1.6 - Construction Progress Meetings — The inspector will coordinate bi- weekly progress meetings chaired by the County project manager, attended by the construction contractor to review project status and identify issues that may affect the Project. The inspector will prepare a DRAFT Agenda at least two (2) business days in advance of the each meeting and issue written meeting notes identifying a summary of the discussion, conclusions and any risks that have been encountered or are expected within two (2) days after the meeting to the County project manager, EOR, and the construction contractor. 1.7 - Substantial Completion Inspections — The Construction : nspector will conduct substantial completion inspections when requested "-.y the co- struction contractor and the FOR recommends that the work is sufficiently complete o warra , a substantial completion inspection. During the substantial completion inspection t' ;e Construction Inspector will prepare a punch list of items requiring completion or correction Lo the satisfaction of the FOR and the County project manager. The Construction Inspector will be responsible for maintaining the A -3 Packet Page -1969- 7/24/2012 Item 16.C.6. punch -iist and issuing updates to the punch -list on a weekly basiE. The Construction Inspecto: will coordinate and participate in the final walk - through to ensure that the punch -list items are completed to the satisfaction of the FOR and the County project manager. All services related to the Substantial Completion Inspection shall be provided in writing and pictures to the County project manager for the Project. 1.8 — Final Completion Inspection - Upon the request of the construction contractor and concurrence of the FOR and the County project manager, the Construction Inspector will conduct final inspections of portions of the project as they are finished, to determine if construction has been completed in accordance with the Contract Documents and the construction contractor has fulfilled all obligations therein. Based on the results of the final inspection, the EOR, County project manager, and the Construction Inspector will judge the work complete or not complete. If the work is judged complete, the Construction Inspector will issue a "notice of final acceptance and recommendation for final payment ". If the work is judged not complete, the Construction Inspector will issue written instructions to the construction contractor identifying the work judged not complete. Upon provision of the construction contractor evidence or assurance that the deficiencies noted above have been corrected or completed, a second final inspection will be scheduled to verify that the outstanding issues have been resolved and the Construction Inspector can issue a "notice of final acceptance and recommendation for final payment ". All services related to the Final Completion Inspection shall be provided to the County project manager of the Project. 1.9 — Final Construction Certification — Upon issuance of a "notice of final acceptance and recommendation for final payment" the Construction Inspector will provide a signed and sealed certification by a professional engineer of the FOR in responsible charge of the work provided by the Construction Inspectors stating that the "Project has been completed by the construction contractor in accordance with the Plans and Specifications of the Contract Documents as amended by the ENGINEER OF RECORD ". All services related to the Final Construction Certification shall be provided to the County project manager of the Project. A -4 Packet Page -1970- 7/24/2012 Item 16.C.6. TASK 2 — CONSTRUCTION INSPECTOR PROJECT MANAGEMENT SERVICES TASI< 2 - CONSTRUCTION INSPECTOR AND PROJECT MANAGEMENT SERVICES NOT TO EXCEED COST (T &M) 2.1 General Management and Oversight $9,844.25 2.2 Coordination of Shop Drawings, Contract Interpretations and Clarifications $22,141.50 2.3 Monitor Project Records $9,571.00 2.4 As Constructed Field Drawings $5,586.50 2.5 Start-up and Re- commissioning Support (includes warranty period) $15,132.25 TOTAL FOR TASK 2 — Not To Exceed $62,275.50 2.1 - General Management and Oversight — The Construction Inspector will provide support services customarily related to the construction observation and inspection of similar projects including, but not limited to: a. Participate in a pre- construction meeting with the County project manager, EOR, and the general contractor. b. Participate in other meetings as described or implied herein. c. Review and verify correctness of the construction contractor's monthly applications for payment and accompanying data and recommend approval of payments due to the construction contractor. The Construction Inspector's recommendation of any payment requested in an application for payment shall constitute a representation by the Construction Inspector to the County project manager as an experienced and qualified professional, that based on Construction Inspector's onsite observations and inspections of construction in progress, that the construction quantities in the applications for payment accurately reflect the progress of the work and that the work is constructed in accordance with the Contract Documents. The Construction Inspector will process pay requests in accordance with the Florida Prompt Payment Act. All incoming pay requests processed by the Construction Inspector shall be mechanically stamped with the date received. d. The Construction Inspector will review the monthly updates to the construction schedule prepared by the construction contractor and provide written comments to the County project manager and EOR. e. The Construction Inspector will provide such field testing and verification that all materials, equipment and supplies installed or utilized on the Project are in full accordance with the Contract Documents and approved Shop Drawings provided by the EOR. A -5 Packet Page -1971- 7/24/2012 Item 16.0.6. Within one (1 ) week after the construction contractor notifies the FOR and the County project manager that the Work on the Project is substantially complete in accordance with the Contract Documents, the Construction Inspector will provide a signed and sealed certification by a professional engineer registered in the State of Florida, that the Work was done under his supervision and performed in accordance with the Contract Documents, including all approved shop drawings and change orders except as noted. 2.2 — Coordination of Shop Drawings, Contract Interpretations and Clarifications — The Construction Inspector will coordinate with the design engineer (EOR) regarding the issuance of interpretations and clarifications of Contract Documents during construction. The DESIGN ENGINEER (EOR) shall be responsible for technical review and decisions regarding interpretation and clarification of Contract Documents. The Construction Inspector shall coordinate the DESIGN ENGINEER's (EOR) decisions and responses with the construction contractor. 2.3 - Monitor Project Records — The Construction Inspector shall monitor all required Project records, including but not limited to, delivery schedules, inventories and construction reports. 2.4 — As Constructed Field Drawings — The Construction Inspector shall maintain red pencil "mark -up" notations and sketches on full size construction plans that reflect the actual details of constructed facilities. These Constructed Field Drawings will be used by the Construction Inspector to validate the "As Built" documentation provided by the construction contractor. The Construction Inspector will notify the County project manager, FOR and the construction contractor of any differences in the documents maintained by the general contractor and the Construction Inspector on a weekly basis for resolution by the EOR. 2.5 — Start -up and Re- commissioning Support — The Construction Inspector will assist the County project manager, the EOR, and the construction contractor during start -up of each segment designated for Beneficial Use by the FOR and County project manager, including but not limited to signing off on regulatory permits and general coordination between the EOR, project manager, and construction contractor. A -6 Packet Page -1972- 7/24/2012 Item 16.C.6. TASK 3 — ADDITIONAL SERVICES (as required) TASK 3 - ADDITIONAL SERVICES NOT TO EXCEED COST (T &M) 3.1 Additional Services as Authorized $3,500.00 TOTAL FOR TASK 3 — Not to Exceed $3,500.00 3.1 — Additional Services (only as authorized in writing) —In accordance with the CEI contract, in the event that other services may arise during the course of the work, but were not envisioned as part of the original or amended scope of work; Construction Inspector shall submit a proposal to perform Additional Services prior to the performance of the work. The proposal shall include the specific services to be performed, time to complete, compensation, and an explanation as to why the services were not previously envisioned and /or included as part of the original scope of work. The proposed Additional Services must be approved by the County project manager in writing in advance of performance of said Additional Services. Failure to notify the County project manager in writing of the need for Additional Services shall be deemed a waiver of any claim by the Construction Inspector that such services were Additional Services. Written authorization from the County project manager will be required for any charges that exceed the predetermined upper limit. Total Compensation for Tasks 1 through 3: $265,888.25 (time and materials, not to exceed) A -7 Packet Page -1973- 7/24/2012 Item 16.C.6. SCHEDULE B BASIS OF COMPENSATION Personnel Category Standard Hourly Rate Principal $195 Senior Project Manager $165 Project Manager $148 Senior Engineer $155 Engineer $119 Senior Inspector $85 Inspector $65 Senior Planner $140 Planner $110 Senior Designer $115 Designer $100 Environmental Specialist $115 Senior GIS Specialist $145 GIS Specialist $100 Clerical $60 Surveyor and Mapper $130 CADD Technician $85 Survey Crew - 2 man $130 Survey Crew - 3 man $160 Survey Crew - 4 man $180 This list is not intended to be all- inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm as needed. B -t Packet Page -1974- 7/24/2012 Item 16.C.6. SCHEDULE C PROJECT MILESTONE SCHEDULE Task 1 — Detailed Observation and Documentation — not to exceed 480 days from the date of the Notice to Proceed. TASK 1- DETAILED OBSERVATION AND DOCUMENTATION 1.1 Construction Observation 1.2 Log and Construction Documents 1.3 Photographic and Video Record 1.4 General Coordination 1.5 Observe Regulatory Agency Inspections 1.6 Construction Progress Meetings 1.7 Substantial Completion Inspections 1.8 Final Completion Inspection 1.9 Final Construction Certification Task 2 — Construction Inspector and Project Management Services — not to exceed 480 days from the date of the Notice to Proceed. TASK 2 - CONSTRUCTION INSPECTOR AND PROJECT MANAGEMENT SERVICES 2.1 General Management and Oversight 2.2 Coordination of Shop Drawings, Contract Interpretations and Clarifications 2.3 Monitor Project Records 2.4 As Constructed Field Drawings 2.5 Start -up and Re- commissioning Support (includes warranty period) Task 3 — Additional Services — not to exceed 480 days from the date of the Notice to Proceed. TASK 3 - ADDITIONAL SERVICES 3.1 1 Additional Services as Authorized C -1 Packet Page -1975- 7/24/2012 Item 16.0.6. 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 policies required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall ,contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in D-1 Packet Page -1976- 7/24/2012 Item 16.C.6. the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has. the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (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 D -2 Packet Page -1977- 7/24/2012 Item 10.0.6. 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) $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 D-3 Packet Page -1978- 7/24/2012 Item 16.C.6. (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 $1,000,000 Products /Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 D-4 Packet Page -1979- 7/24/2012 Item 16.0.6. (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 AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes No D -5 Packet Page -1980- 7/24/2012 Item 16.0.6. (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: X Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 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? _X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: $ 500,000 each claim and in the aggregate X_ $1,000,000 each claim and in the aggregate D-6 Packet Page -1981- 7/24/2012 Item 16.C.6. $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, 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. D -7 Packet Page -1982- 7/24/2012 Item 16.C.6. 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. (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 subconsultant's as named insureds. END OF SCHEDULED D -8 Packet Page -1983- 7/24/2012 Item 16.C.6 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Q. Grady Minor & Associates, PA. 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 Construction Engineering Inspection Services for Master Pumping Station 312 Rehabilitation are accurate, complete and current as of the time of contracting. Q. Grady Minor & Associates, PA. AW TITLE: DATE: E -i Packet Page -1984- F -1 Packet Page -1985- 7/24/2012 Item 16.C.6. SCHEDULE KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS Principal Mark Minor, PE. 0.90% Project Manager David Schmitt, PE. 12.13 % Engineer David Schmitt, PE. 5.10% Senior Inspector Marc Miller 39.54% Inspector Marc Miller 37.32% Clerical Carin Dwyer / Kim Scuer 5.01% 100% total F -1 Packet Page -1985- 7/24/2012 Item 16.C.6. REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. C;0*r Cmnty Adrninistrabve Services Wsion Purchasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CCNA Solicitation #11 -5708 CEI Services for Master Pumping Station 312 Rehabilitation Nicole Parker (239)252 -4270 (Telephone) (239)252 -6549 (Fax) nicoleparker @colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. CCNA (Revision 8/10) Packet Page -1986- 7/24/2012 Item 16.C.6. P!—asr,,?eC r.- .3327 T a1a7,., , cac: Nxp s. FFlnd=,is 1 Table of Contents LEGALNOTICE .......................................................................................................................... ..............................3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT .................................. ..............................4 EXHIBIT II: GENERAL RFP INSTRUCTIONS ........................................................................... ........ ...•------------- - - - - -- 11A EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ........................... .............................19 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP .................................................. .............................23 ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT ...................................................... .............................30 ATTACHMENT 2: VENDOR CHECK LIST .................................................................................... .............................31 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ............................................................... .............................32 ATTACHMENT 4: VENDOR DECLARATION STATEMENT ........................................................... .............................33 ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION ................................................... .............................35 ATTACHMENT 6: VENDOR SUBSTITUTE W — 9 ......................................................................... .............................36 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS ............................................... .............................37 ATTACHMENT 8: REFERENCE QUESTIONNAIRE ..................................................................... ............................... 39 G /Current - Solicitation Template \RFP_CCNATemplate_08042010 RFP_CCNATemplate 2 Packet Page -1987- 7/24/2012 Item 16.0.6. dminis bve Servi es Dvisicr,✓ Purchasing X2 1 Notice Pursuant to approval by the County Manager, Sealed Proposals to provide Construction Engineering and Inspection Services, will be received until 3:00 pm. Naples local time, on Thursday, June 16, 2011 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. CCNA Solicitation #11 -5708 CEI Services for Master Pump Station 312 Rehabilitation Services to be provided shall include, but not be limited to the following: A non - mandatory pre - proposal conference will be held on Thursday, June 9, 2011 at 3:00 pm., 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.collieroov.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/ Stephen Y. Carnell C.P.M. Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/r)urchasino and in the Lobby of Purchasing Building "G ", Collier County Government Center on May 25, 2011. G /Current - Solicitation Template \RFP_CCNATemplate_08042010 RFP_CCNATemplate Packet Page -1988- 7/24/2012 Item 16.C.6. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Public Utilities Division (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 interest:, ai -,d que,lifled firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, -..! ist achieve the requirements of the Specifications or Scope of Work stated herein. Detailed Scope of Work TASK 1 — DETAILED OBSERVATION AND DOCUMENTATION One Construction Inspector shall observe regular construction and testing activities related to the Project on a daily basis, including Master Pumping Station 312 Rehabilitation work. Construction daily reports and pictures of construction will be prepared daily on the day the construction activity takes place by the Construction Inspector. All construction documentation will be provided no later than the next morning via electronic E -mail to the project manager. A hard copy will be kept in the project file in the inspector's trailer. The Construction Inspector will provide the following services. 1.1 - Construction Observation — The Construction Inspector will conduct on -site observations and inspections of all construction activities on the Project on a full time daily basis unless directed otherwise by the project manager to ensure that all work is completed in accordance with the Contract Documents. The Construction Inspector will be obligated on a full -time basis in general. The Construction Inspector will inform the project manager and the on -site superintendent of the construction contractor of any concerns related to conformance of the work with the Contract Documents (a concern or an Issue) as an attempt to resolve any concern or issue on -site. If the concern or issue is not immediately resolved in the field, the Construction Inspector shall inform the Engineer of Record ( "EOR ") and the project manager in writing about the concern or issue within eight (8) business hours, but not more than one business day after the discovery of any concern or issue. The FOR will be responsible for investigating the concern or issue and resolving the same through a written directive to the construction contractor and so inform the project manager and the Construction Inspector in writing. This protocol will be initiated any time the Construction Inspector becomes aware of any construction that is unsatisfactory, faulty or defective, does not conform to the Contract Documents, does not meet the requirements of any inspections, tests or approval required to be made, or has been G /Current- Solicitation Template \RFP_CCNATemplate_08042010 RFP_CCNATemplate Packet Page -1989- 7/24/2012 Item 16.C.E. damaged before final payment. The Construction Inspector will maintain a separate Issue Resolution Log documenting any issue or concern that is conveyed in writing to the EOR, including the written directive resolving the issue or concern. 1.2 - Log and Construction Documentation — The Construction Inspector will prepare a daily log with pictures recording activities and details related to the work on a form approved in advance by the project manager. Information will be recorded in the log when at the Project Site. Log entries will record all relevant aspects of the construction observed while on site including, but not limited to: construction crew (labor) details, equipment used, materials used, compliance testing and inspection performed, weather, temperature, site conditions, trench conditions, backfill material used, dewatering methods, compaction methods, location of the work, and all other details related to the Work. The log will reference the digital photographs and or video taken with appropriate file names and file locations. In addition to the construction details, the daily log will contain information related to: time and hours on the job site, weather conditions, data pertaining to questions of quantities of materials used, extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, observations in general and specific observations in more detail as in observing test procedures, conformance inspection of materials and fittings, name plate data for equipment and material installed, and other information requested by the project manager. Logs, photograph files and other construction documentation will be provided to the project manager by the Construction Inspector on a daily basis in an electronic file via E -mail, on a digital CD only if requested by the project manager, and a printed copy to be maintained on the project site in the inspector's trailer. 1.3 — Photographic and Video Record — The Construction Inspector will provide a comprehensive digital photographic record of all construction activities related to the Project. The digital file names will be referenced in the log along with a brief description of the photograph, the date and time of the photograph and the name of the photographer. The digital files will be transferred via E -mail to the project manager on a daily basis, to a digital CD if requested by the project manager, and submitted on a daily basis along with the construction documentation. The photographs may be electronic sent via E -mail to the project manager on a daily basis. If requested by the project manager, pictures will be printed in high resolution color, two captioned photos per 8' /z" x 11" sheet, printed one side only. The prints if requested will be G /Current - Solicitation Template \RFP_CCNATemplate_08042010 RFP_CCNATemplate 5 Packet Page -1990- 7/24/2012 Item 16.0.6. provided to the project manager when needed. If requested by the project manager, Video will - be provided in digital format on DVD bi- weekly. 1.4 - General Coordination — The Construction Inspector will coordinate all activities related to the Project between the construction contractor, the FOR and the project manager. The Construction Inspector will oversee substantial and final completion inspections, and prepare and maintain the punch list, including follow -up inspections to ensure that punch list items are corrected and /or completed. 1.5 - Observe Regulatory Agency Inspections — The inspector will accompany visiting inspectors representing any regulatory agencies having jurisdiction over the Project and will record all discussions and the outcome of these regulatory inspections in the logs. The inspector will always notify the project manager prior to any such inspections. 1.6 - Construction Progress Meetings — The inspector will coordinate bi- weekly progress meetings chaired by the project manager, attended by the construction contractor to review project status and identify issues that may affect the Project. The inspector will prepare a DRAFT Agenda at least two business days in advance of the each meeting and issue written meeting notes identifying a summary of the discussion, conclusions and any risks that have been encountered or are expected within two days after the meeting to the project manager, EOR, and the construction contractor. 1.7 - Substantial Completion Inspections — The Construction Inspector will conduct substantial completion inspections when requested by the construction contractor and the FOR recommends that the work is sufficiently complete to warrant a substantial completion inspection. During the substantial completion inspection the Construction Inspector will prepare a punch list of items requiring completion or correction to the satisfaction of the FOR and the project manager. The Construction Inspector will be responsible for maintaining the punch -list and issuing updates to the punch -list on a weekly basis. The Construction Inspector will coordinate and participate in the final walk- through to ensure that the punch -list items are completed to the satisfaction of the FOR and the project manager. All services related to the Substantial Completion Inspection shall be provided in writing and pictures to the project manager for the Project. G /Current - Solicitation Template \RFP_CCNATemplate_08042010 RFP_CCNATemplate 6 Packet Page -1991- 712412012 Item 16.0.6. 1.8 — Final Completion Inspection - Upon the request of the construction contractor and concurrence of the FOR and the project manager, the Construction Inspector will conduct final inspections of portions of the project, as they are finished to determine if construction has been completed in accordance with the Contract Documents and the construction contractor has fulfilled all obligations therein. Based on the results of the final inspection, the EOR, project manager, and the Construction Inspector will judge the work complete or not complete. If the work is judged complete, the Construction Inspector will issue a "notice of final acceptance and recommendation for final payment ". If the work is judged not complete, the Construction Inspector will issue written instructions to the construction contractor identifying the work judged not complete. Upon provision of the construction contractor evidence or assurance that the deficiencies noted above have been corrected or completed, a second final inspection will be scheduled to verify that the outstanding issues have been resolved and the Construction Inspector can issue a "notice of final acceptance and recommendation for final payment ". All services related to the Final Completion Inspection shall be provided to the project manager of the Project. 1.9 — Final Construction Certification — Upon issuance of a "notice of final acceptance and recommendation for final payment" the Construction Inspector will provide a signed and sealed certification by a professional engineer of the FOR in responsible charge of the work provided by the Construction Inspectors stating that the "Project has been completed by the construction contractor in accordance with the Plans and Specifications of the Contract Documents as amended by the ENGINEER OF RECORD ". All services related to the Final Construction Certification shall be provided to the project manager of the Project. TASK 2 — CONSTRUCTION INSPECTOR PROJECT MANAGEMENT SERVICES 2.1 - General Management and Oversight — The Construction Inspector will provide support services customarily related to the construction observation and inspection of similar projects including, but not limited to: a. Participate in a pre- construction meeting with the project manager, EOR, and the general contractor. b. Participate in other meetings as described or implied herein. G /Current- Solicitation Template \RFP_CCNATemplate_08042010 RFP_CCNATemplate Packet Page -1992- 7/24/2012 Item 16.C.6. c. Review and verify correctness of the construction contractor's monthly applications for payment and accompanying data and recommend approval of payments due to the construction contractor. The Construction Inspector's recommendation of any payment requested in an application for payment shall constitute a representation by the and qualified r professional, that based , onstruction Inspector's onsite observations and inspections of construction in progress, that the construction quantities in the applications for payment accurately reflect the progress of the work and that the work is constructed in accordance with the Contract Documents. The Construction Inspector will process pay requests in accordance with the Florida Prompt Payment Act. All incoming pay requests processed by the Construction Inspector shall be mechanically stamped with the date received. d. The Construction Inspector will review the monthly updates to the construction schedule prepared by the construction contractor and provide written comments to the project manager and EOR. e. The Construction Inspector will provide such field testing and verification that all materials, equipment and supplies installed or utilized on the Project are in full accordance with the Contract Documents and approved Shop Drawings provided by the EOR. f. Within one week after the construction contractor notifies the FOR and the project manager that the Work on the Project is substantially complete in accordance with the Contract Documents, the Construction Inspector will provide a signed and sealed certification by a professional engineer registered in the State of Florida, that the Work was done under his supervision and performed in accordance with the Contract Documents, including all approved shop drawings and change orders cept as noted. 2.2 — Coordination of Shop Drawings, Contract Interpretations an-, Clarifications — The Construction Inspector will coordinate with the design engineer _JR) regarding the issuance of interpretations and clarifications of Contract Documents durin construction. The DESIGN ENGINEER (EOR) shall be responsible for technical review end decisions regarding interpretation and clarification of Contract Documents. Th , Construction Inspector shall G /Current- Solicitation Template \RFP_CCNATemplate_08042010 RFP_CCNATemplate 8 Packet Page -1993- 7/24/2012 Item 16.0.6. coordinate the DESIGN ENGINEER's (EOR) decisions and responses with the construction contractor. 2.3 - Monitor Project Records — The Construction Inspector shall monitor all required Project records, including but .; iced to d = lec, inventories and construction reports. 2.4 — As Constructed Field Drawings — The Construction Inspector shall maintain red pencil "mark -up" notations and sketches on full size construction plans that reflect the actual details of constructed facilities. These Constructed Field Drawings will be used by the Construction Inspector to validate the "As Built" documentation provided by the construction contractor. The Construction Inspector will notify the project manager, FOR and the construction contractor of any differences in the documents maintained by the general contractor and the Construction Inspector on a weekly basis for resolution by the EOR. 2.5 — Start-up and Re- commissioning Support — The Construction Inspector will assist the project manager, the EOR, and the construction contractor during start -up of each segment designated for Beneficial Use by the FOR and project manager, including but not limited to signing off on regulatory permits and general coordination between the EOR, project manager, and construction contractor. TASK 3 — ADDITIONAL SERVICES 3.1 — Additional Services (only as authorized in writing) —In accordance with the CEI contract or work order, in the event that other services may arise during the course of the work, but were not envisioned as part of the original or amended scope of work; Construction Inspector shall submit a proposal to perform Additional Services prior to the performance of the work. The proposal shall include the specific services to be performed, time to complete, compensation, and an explanation as to why the services were not previously envisioned as part of the scope of work. The proposed Additional Services must be approved by the project manager in writing in advance of performance of said Additional Services. Failure to notify the project manager in writing of Additional Services shall be deemed a waiver of a - ly claim by the Construction Inspector that such services were Additional Services. W, den authorization from the project manager will be required for any charges that exceed t`.e predetermined upper limit. G /Current- Solicitation Template \RFP_CCNATemplate_08042010 RFP_CCNATemplate 9 Packet Page -1994- 7/24/2012 Item 16.C.6. Term of Contract The contract term, if an award(s) is /are made is intended to be for this project's 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 Issue Solicitation Notice May 25, 2011 Last Date for Receipt of Written Questions June 14, 2011, 3:00 pm., Naples Local Time Non - mandatory pre - solicitation meeting June 9, 2011, 3:00 pm., Naples Local Time and Locations Addendum Issued Resulting from Written Questions or Pre- TBD -Proposal Conference Solicitation Deadline Date and Time June 16, 2011, 3:00 pm., Naples, Florida Local Time -Anticipated Evaluation of Submittals TBD -Anticipated Completion of Contract Negotiations TBD Anticipated Board of County Commissioner's Contract August 2011 -Approval Date Response Format The Vendor 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 Vendor 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. G /Current - Solicitation Template \RFP_CCNATemplate_08042010 RFP_CCNATemplate 10 Packet Page -1995- 7/24/2012 Item 16.C.6. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor'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 Vendor to include all listed items may result in the rejection of its proposal. Each tab relates to the Selection Criteria that will be used to evaluate each proposal (see page 17) and the numbers in parentheses are the maximum number of points that can be awarded to each criteria. 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 Vendor's certification that the Vendor will accept any awards as a result of this RFP. 2. Tab II, Business Plan (20) In this tab, include: • Description of the proposed contract team and the role to be played by each member of the proposed team. • 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) 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. G /Current - Solicitation Template \RFP_CCNATemplate_08042010 UP_CCNATemplate il Packet Page -1996- List Current Projects in the Format Identified Below Project Start Date End Date Description 7/24/2012 Item 16.C.6. Original Final Project Number of Budget Cost Change Orders 4. Tab IV, Specialized Expertise of Team Members (35) 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, Customer and Reference Listing (15) In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five (5) completed reference forms 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 vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total each of the vendor's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score. • The next highest vendor's number of points will be divided by the highest vendor's points which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's point score will be calculated in the same manner. • Points awarded will be extended to the first decimal point (per Microsoft Excel). G /Current - Solicitation Template \RFP_CCNATemplate_08042010 RFP_CCNATemplate 12 Packet Page -1997- T24/2012 Item 16.C.6. For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Vendor .Name Vendor Total Reference Score Points Awarded Vendor ABC 445 20 Vendor DEF 435 14.6 Vendor GHI 425 14.3 Vendor JKL 385 13.0 Vendor MNO 385 13.0 Vendor PQR 250 8.4 The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references, and /or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. Failure to provide complete and accurate client information, as specified here, may result in the disqualification of your proposal. 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 Vendor may result in evaluation point deduction(s) and /or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. 7. Tab VII, Required Form Submittals • Attachment 1: Vendor Checklist • Attachment 2: Conflict of Interest Affidavit • Attachment 3: Vendor Declaration Form' • Attachment 4: Immigration Affidavit and company's E- Verify profile page and memorandum of understanding • Attachment 5: Insurance Requirements • Attachment 8: Reference Questionnaire G /Current - Solicitation Template \RFP_CCNATemplate_08042010 RFP_CCNATemplate 13 Packet Page -1998- Exhibit Il: General RFP Instructions 1. Questions 7/24/2012 Item 16.C.6. Direct questions related to this RFP to the Collier County Purchasing Department E- Procurement website: www.colliergov.net/bid. Vendors 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 Vendors 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 Vendors 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 Vendors 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 Vendor if the Vendor 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 Vendor 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. G /Current - Solicitation Template \RFP_CCNATemplate_08042010 RFP_CCNATemplate 14 Packet Page -1999- 7/24/2012 Item 16.0.6. 6. Delivery of Proposals All proposals are to be delivered before 3:00 pm., Naples local time, on or before June 16, 2011 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Nicole Parker, 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 Vendor's personnel or by the Vendor'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. Vendors must submit 1 paper copies with One (1) copy clearly labeled "Master," and Seven 17) 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 Vendor 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. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals Collier County will evaluate and select these Services in accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. The County's procedure for selecting is as follows: G /Current - Solicitation Template \RFP_CCNATemplate_08042010 RFP_CCNATemplate 15 Packet Page -2000- 7/24/2012 Item 16.C.6. 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, 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. 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. 9. Negotiations shall begin with the top- ranked firm(s) in accordance with Florida Statute 287.055. 10. Upon the successful completion of negotiations, contracts will be presented to the Board of County Commissioners for approval. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and /or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. G /Current- Solicitation Template \RFP_CCNATemplate_08042010 RFP_CCNATemplate 16 Packet Page -2001- 7/24/2012 Item 16.C.6. 10. References The County reserves the right to contact any and all references to obtain, without limitation, ratings for the following performance indicators: • On a scale of 1 -10, with 1 being very dissatisfied and ten exceeding your every expectation, how satisfied were you with the firm's performance? • What specifically did you like about their approach? • What do you believe were shortcomings or that they could have done better? • Did they meet your schedule requirements? • How were their communications? Were you always kept in the loop? • How responsive were they in addressing problems with the project? • How was the quality /experience /personality of their personnel? (Specifically the project manager ?) • Would you use this firm again? • Additional comments A uniform sample of references will be checked for each Vendor. Vendors will be scored on a scale of 1 to 10, with 10 being the highest possible score. This score will also be used in determining the score to be given to the "past performance" evaluation factor for each proposal. 11. Proposal Selection Committee and Evaluation Criteria The County Manager shall appoint a Selection Committee to review all proposals submitted. The Evaluation Criteria and the associated maximum point allocation to be considered in the evaluation of proposal responses are listed below. Evaluation Criteria Maximum Points Business Plan 20 Experience and Capacity of the Firm 30 Specialized Expertise of Team Members 35 Customer and Reference Listing 15 TOTAL 100 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 vendor (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 Vendor, 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 resolicit 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. G /Current - Solicitation Template \RFP_CCNATemplate_08042010 RFP_CCNATemplate 17 Packet Page -2002- 7/24/2012 Item 16.0.6. 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 Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to readvertise using the same or revised documentation, at its sole discretion. G /Current- Solicitation Template \RFP_CCNATemplate_08042010 RFP_CCNATemplate 18 Packet Page -2003- 7/24/2012 Item 16.C.6. Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer and to comply with all carrier This offer is subject to cancellation by the regulations. Risk of loss of any goods COUNTY without notice if not accepted by sold hereunder shall transfer to the VENDOR within fourteen (14) days of COUNTY at the time and place of issuance. delivery; provided that risk of loss prior to actual receipt of the goods by the 2. Acceptance and Confirmation COUNTY nonetheless remain with This Purchase Order (including all VENDOR. documents attached to or referenced b) No charges will be paid by the COUNTY therein) constitutes the entire agreement for packing, crating or cartage unless between the parties, unless otherwise otherwise specifically stated in this specifically noted by the COUNTY on the Purchase Order. Unless otherwise face of this Purchase Order. Each delivery provided in Purchase Order, no invoices of goods and /or services received by the shall be issued nor payments made COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and be upon the terms and conditions contained other charges are itemized, any in this Purchase Order. discount will be taken on the full amount of invoice. No additional terms may be added and c) All shipments of goods scheduled on the Purchase Order may not be changed except same day via the same route must be by written instrument executed by the consolidated. Each shipping container COUNTY. VENDOR is deemed to be on must be consecutively numbered and notice that the COUNTY objects to any marked to show this Purchase Order additional or different terms and conditions number. The container and Purchase contained in any acknowledgment, invoice Order numbers must be indicated on bill or other communication from VENDOR, of lading. Packing slips must show notwithstanding the COUNTY'S acceptance Purchase Order number and must be or payment for any delivery of goods and /or included on each package of less than services, or any similar act by VENDOR. container load (LCL) shipments and /or with each car load of equipment. The 3. Inspection COUNTY reserves the right to refuse or All goods and /or services delivered return any shipment or equipment at hereunder shall be received subject to the VENDOR'S expense that is not marked COUNTY'S inspection and approval and with Purchase Order numbers. payment therefore shall not constitute VENDOR agrees to declare to the acceptance. All payments are subject to carrier the value of any shipment made adjustment for shortage or rejection. All under this Purchase Order and the full defective or nonconforming goods will be invoice value of such shipment. returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase at VENDOR'S expense. Order number and any other specific information as identified on the To the extent that a purchase order requires Purchase Order. Discounts of prompt a series of performances by VENDOR, the payment will be computed from the date COUNTY prospectively reserves the right to of receipt of goods or from date of cancel the entire remainder of the Purchase receipt of invoices, whichever is later. Order if goods and /or services provided Payment will be made upon receipt of a early in the term of the Purchase Order are proper invoice and in compliance with non - conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise COUNTY. known as the "Local Government 4. Shipping and Invoices Prompt Payment Act," and, pursuant to a) All goods are FOB destination and must the Board of County Commissioners be suitably packed and prepared to Purchasing Policy. secure the lowest transportation rates G /Current - Solicitation Template \RFP_CCNATemplate_08042010 RFP_CCNATemplate 19 Packet Page -2004- Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and /or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and /or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and /or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production 7/24/2012 Item 16.C.6. and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and /or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and /or services to be provided hereunder. 11. Warranty of Non - Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and /or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is G /Current- Solicitation Template \RFP_CCNATemplate_08042010 RFP_CCNATemplate 20 Packet Page -2005- 7/24/2012 Item 16.0.6. likely to occur, VENDOR may, at the and acts of nature. When VENDOR has COUNTY'S option, procure for the COUNTY knowledge of any actual or potential force the right to continue using the goods or majeure or other conditions which will delay services, or replace or modify the goods or or threatens to delay timely performance of services so that they become non - infringing, this Purchase Order, VENDOR shall (without any material degradation in immediately give notice thereof, including all performance, quality, functionality or relevant information with respects to what additional cost to the COUNTY). steps VENDOR is taking to complete delivery of the goods and /or services to the 12. Insurance Requirements COUNTY. The VENDOR, at its sole expense, shall provide commercial insurance of such type 15. Assignment and with such terms and limits as may be VENDOR may not assign this Purchase reasonably associated with the Purchase Order, nor any money due or to become due Order. Providing and maintaining adequate without the prior written consent of the insurance coverage is a material obligation COUNTY. Any assignment made without of the VENDOR. All insurance policies shall such consent shall be deemed void. be executed through insurers authorized or eligible to write policies in the State of 16. Taxes Florida. Goods and services procured subject to this Purchase Order are exempt from Florida 13. Compliance with Laws sales and use tax on real property, transient In fulfilling the terms of this Purchase Order, rental property rented, tangible personal VENDOR agrees that it will comply with all purchased or rented, or services purchased federal, state, and local laws, rules, codes, (Florida Statutes, Chapter 212), and from and ordinances that are applicable to the federal excise tax. conduct of its business. By way of non - exhaustive example, this shall include the 17. Annual Appropriations American with Disabilities Act and all The COUNTY'S performance and obligation prohibitions against discrimination on the to pay under this Purchase Order shall be basis of race, religion, sex creed, national contingent upon an annual appropriation of origin, handicap, marital status, or veterans' funds. status. Further, VENDOR acknowledges and without exception or stipulation shall be 18. Termination fully responsible for complying with the This Purchase Order may be terminated at provisions of the Immigration Reform and any time by the COUNTY upon 30 days Control Act of 1986 as located at 8 U.S.C. prior written notice to the VENDOR. This 1324, et seq. and regulations relating Purchase Order may be terminated thereto, as either may be amended. Failure immediately by the COUNTY for breach by by the awarded firm(s) to comply with the VENDOR of the terms and conditions of this laws referenced herein shall constitute a Purchase Order, provided that COUNTY has breach of the award agreement and the provided VENDOR with notice of such County shall have the discretion to breach and VENDOR has failed to cure unilaterally terminate said agreement within 10 days of receipt of such notice. immediately. Any breach of this provision may be regarded by the COUNTY as a 19. General material and substantial breach of the a) This Purchase Order shall be governed contract arising from this Purchase Order. by the laws of the State of Florida. The venue for any action brought to 14. Force Majeure specifically enforce any of the terms and Neither the COUNTY nor VENDOR shall be conditions of this Purchase Order shall responsible for any delay or failure in be the Twentieth Judicial Circuit in and performance resulting from any cause for Collier County, Florida beyond their control, including, but without b) Failure of the COUNTY to act limitation to war, strikes, civil disturbances immediately in response to a breach of G /Current - Solicitation Template \RFP_CCNATemplate_08042010 RFP_CCNATemplate 21 Packet Page -2006- C) EE this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in 7/24/2012 Item 16.C.6. accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and /or Conditions that are most favorable to the County and /or provide the greatest protection to the County shall govern. G /Current- Solicitation Template \RFP_CCNATemplate_08042010 RFP_CCNATemplate 22 Packet Page -2007- Exhibit IV: Additional Terms and Conditions for RFr 7/24/2012 Item 16.0.6. Insurance and Bonding Requirements The Vendor 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 Vendor 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 Vendor waive against each other and the County's separate Vendors, 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 Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, 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 Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor 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 "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 Vendor has any self - insured retentions or deductibles under any of the below listed minimum required coverage, Vendor 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 Vendor'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 Vendor 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 Vendor. The Vendor 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 Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor 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 Packet Page -2008- charge the Vendor for such coverage(s) purchased. If Vendor fails to reimbur:_ 7/24/2012 Item 16.C.6. costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. 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 Vendor 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 Vendor 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 vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services During the contract term, Collier County reserves the right to add related items and /or services upon negotiation of a satisfactory price by the Project Manager and Vendor. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 90% 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 Vendor's facilities /project site during and after each work assignment the Vendor 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 Vendor 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 Vendor. 7. Work Orders Subject to Best Value Offer on Fixed Term Contracts Collier County has developed standard contracts /agreements, approved by the Board of County Commissioners (BCC). The selected Vendor 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 Vendor. Packet Page -2009- 8. Site inspection 7/24/2012 Item 16.C.6. If services to be provided involve or are related to a physical site(s), including, but not limited to: design services for construction, physical monitoring, environmental studies, inspections or other similar activities, prior to submission of proposal, proposers shall visit the site(s) with the County project manager to become familiar with local conditions that may in any manner affect performance of the Work. This site visit shall be documented in writing by the proposer with sign -off by the County project manager; this documentation shall be submitted with the proposal. The proposal will be deemed non - responsive if the site visit documentation is not presented to the County in the proposer's submitted proposal materials. Upon award of the contract, subsequent site visits shall be at intervals appropriate to the stage of the project, as determined by the County project manager. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to this Agreement as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the awarded proposer, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 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. Collier County cautions vendors to consider both methods of payment when determining pricing as no additional surcharges or fees will be considered (per Rules for VISA Merchants and MasterCard Merchant Rules). 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 Vendor 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 Packet Page -2010- the close of the fiscal year will not be accepted (or processed for payment) unL?/24/2012 Item 16.0.6. 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 C _:.,, _.. ;: _; '.�v ,':� r. ., trade arranaement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 10. Environmental Health and Safety All Vendors 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. Vendors 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 Vendor's work operations. This provision is non - negotiable by any department and /or Vendor. 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 Vendor 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 ar.rfir- kin 1= '4^ � :, 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 Vendor to submit the required document-*�nn --ay be grounds to deem Vendor non - responsive. A Vendor, 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 Packet Page -2011- If you have questions regarding professional licenses contact the Contractor L 7/24/2012 Item 16.C.6. 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. Principals /Collusion By submission of this Proposal the undersigned, as Vendor, 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. 13. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor 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 Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 14. Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 15. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 16. 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.org /search.htmi). 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. 17. Single Proposal Each Vendor 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- Packet Page -2012- consultant to any other firm or firms submitting under the same RFP. All subm 7/24/2012 Item 16.0.6. requirement will be deemed non - responsive and rejected from further consideration. In addition, consultants that have participated and /or will participate in the development of scope, background information or oversight functions on this project are precluded from submitting a Proposal as either a prime or sub - consultant. 18. Protest Procedures Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. 19. Public Entity Crime A person or affiliate who has been placed on the convicted 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. 20. 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. 21. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 22. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Packet Page -2013- Statutes, the current Collier County Ethics Ordinance and Countv Administrati 7/24/2012 Item 16.C.6. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 23. Immigration Law Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners 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. Vendors 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/Vendor does not comply with providing the acceptable E- Verify evidence and the executed affidavit the bidder's / vendor's proposal may be deemed non - responsive. Additionally, vendors shall require all subcontracted vendors 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 vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Packet Page -2014- 7/24/2012 Item 16.C.6. C,_Olrier C�014nty Acie-r ns,. -avve Servica.�Dmsion 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 #11 -5708 CEI Services for Master Pumping Station 312 Rehabilitation 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: Packet Page -2015- Date 7/24/2012 Item 16.G.6. C &-r C,0114nt' Adn, -u:.hs save Services - -zi Division urzl'iaDn,c; 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. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Nicole Parker CCNA Solicitation: #11 -5708 CEI Services for Master Pumping Station 312 Rehabilitation ❑ The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER - DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Packet Page -2016- Date 7/24/2012 Item 16.C.6. 'urrhasinq 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 , 2011, 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 -2017- 7%24/2012 Item 16.0.6. i�,drrins abve Semc , Dwisican Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONi=R^ Collier County Government Comrlax Naples, Florida 34112 RE: CCNA Solicitation: #11 -5708 CEI Services for Master Pumping Station 312 Rehabilitation 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: #11 -5708 CEI Services for Master Pumping Station 312 Rehabilitation. 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 -2018- 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 -2019- 7/24/2012 Item 16.C.6. 7/24/2012 Item 16.C.6. cl-0 ier unt<y -,urchasm Attachment 5: Immigration Affidavit Certification CCNA Solicitation: #11 -5708 CEI Services for Master Pumping Station 312 Rehabilitation 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 State of County of Date The foregoing instrument was signed and acknowledged before me this day of 20_, by (Print or Type Name) Notary Public Signature Printed Name of Notary Public Notary Commission Number /Expiration who has produced as identification. (Type of Identification and Number) The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. Packet Page -2020- 7/24/2012 Item 16.C.6. -C- or en county 11 rnirnis m,ive Services Owision �urhasi. 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 numbera il u ;,y ;....; ;u zany 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 vim.. ,u `s proposal. 1. General Information (provide all ii,, -,;-- -+ion) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address State Telephone FAX City Zip Email Order Information Remit / Payment Information Address . Address City State Zip City State Zip FAX Email 2. Company Status (check only one) FAX Email _Individual / Sole Proprietor _Corporation _,Partnership _Tax Exempt (Federal income tax - exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) (Vendors who do not have a TIN, will be required to provide a social securit, ember prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information s ✓n on this form is correct to my knowledge. Signature Date Title Phone Number Packet Page -2021- 7/24/2012 Item 16.0.6. AxImrmis,.rai,ve Serti•ioes Dfosion Attachment 7: Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $500,000.00 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000,000.00 single limit per occurrence ISO form 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor /Vendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor /Consultant or anyone employed or utilized by the Contractor/Vendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 500,000.00 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ® Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ;FP: xx -xxxx RFP CCNA Template-06012011 ❑ Pollution $ Per Occurrence ® Professional Liability $1,000,000 Per Occurrence • $ 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 Packet Page -2022- 37 6. ❑ Bid bond 7. ❑ Performance and Payment Bonds El 7/24/2012 Item 16.C.6. Project Professional Liability $ rcl %-)UL;u„C„LC ❑ Valuable Papers Insurance $ Per Occurrence 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. For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® 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. 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 Vendor Signature Print Name Insurance Agency Agent Name RFP: xx -xxxx RFP CCNA Template-06012011 Packet Page -2023- Date Telephone Number 38 ; 7/24/2012 Item 16.0.6. ar C:�otent� N,t rr i i n:v ✓� eitic a i .i: Llf�7�.•I ^C Attachment 8: Reference Questionnaire Solicitation: #11 -5708 CEI Services for Master Pumping Station 312 Rehabilitation Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm /individual again) and 1 representing that you were very unsatisfied (and would never hire the firm /indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Project Budget: Change Orders - Dollars Added : Completion Date: Project Number of Days: Change Orders - Days Added: Item Crteria 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: RFP: xx -xxxx RFP CCNA Template-06012011 Packet Page -2024- By 39