Agenda 09/25/2012 Item #16C3 9/25/2012 Item 16.C.3.
EXECUTIVE SUMMARY
Recommendation to approve a contract with Johnson Engineering, Inc., in the not-to-exceed
amount of $234,470 for Request for Proposal No. 12-5919, "Utility Design Engineering Services -
U.S.41 from C.R. 951 to Greenway Road,"Project Numbers 70045 and 73045.
OBJECTIVE: To provide professional utility design engineering services for water and wastewater
infrastructure relocations along U.S. 41 from C.R. 951 to Greenway Road.
CONSIDERATIONS: The Florida Department of Transportation (FDOT) is planning a road widening
improvement project along U.S. 41 from C.R. 951 to Greenway Road. The Collier County Water-Sewer
District has water and wastewater infrastructure in the area that requires relocation to accommodate the
FDOT project. On June 24, 2008, as Agenda Item 10G, the Board of County Commissioners (Board)
adopted the 2008 Water Master Plan Update and 2008 Wastewater Master Plan Update that identified the
requirement for coordination with FDOT projects. This project is consistent with the 2008 Water Master
Plan Update, Project 70045, "FDOT Joint Project Agreements—Water" as shown in Section 8, Table 8-2,
Page 2 of 5, Line 53; and, with the 2010 Water CIP Update, Page 3 of 4, Line 87,as identified in the 2011
User Fee Rate Study. This project is also consistent with the 2008 Wastewater Master Plan Update,
Project 73045, "FDOT Joint Project Agreements - Sewer" as shown in Section 8, Table 8-2, Page 2 of 5,
Line 73; and, with the 2010 Wastewater CIP Update, Page 2 of 4, Line 50, as identified in the 2011 User
Fee Rate Study.
On July 24, 2012, as Agenda Item 16(C)10, the Board approved the selection committee rankings that
selected Johnson Engineering, Inc., to provide required professional services for Request for Proposal
(RFP)No. 12-5919, Utility Design Engineering Services—U.S.41 from C.R. 951 to Greenway Road,and
authorized staff to enter into contract negotiations with Johnson Engineering, Inc. Staff and Johnson
Engineering, Inc., successfully negotiated a contract in the not-to-exceed amount of$234,470. Johnson
Engineering, Inc., is qualified and has extensive experience providing professional utility design
engineering services. 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 Water User Fees, Fund 412, and
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.
RECOMMENDATION: That the Board of County Commissioners, as Ex-officio the Governing Board
of the Collier County Water-Sewer District,approve a contract with Johnson Engineering,Inc., in the not-
to-exceed amount of $234,470 for Request for Proposal No. 12-5919, "Utility Design Engineering
Services—U.S. 41 from C.R. 951 to Greenway Road,"Project Numbers 70045 and 73045.
Prepared By: Nathan Beals, Project Manager, Public Utilities Planning and Project Management
Department
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9/25/2012 Item 16.C.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.3.
Item Summary: Recommendation to approve a contract with Johnson Engineering, Inc.,
in the not-to-exceed amount of$234,470 for Request for Proposal No. 12-5919, "Utility Design
Engineering Services - U.S. 41 from C.R. 951 to Greenway Road," Project Numbers 70045 and
73045.
Meeting Date: 9/25/2012
Prepared By
Name: Nathan Beals
Title: Project Manager,Associate,Public Utilities Engine
8/20/2012 3:35:17 PM
Approved By
Name: HapkeMargie
Title: Operations Analyst,Public Utilities
Date: 8/20/2012 3:50:49 PM
Name: CromerAaron
Title:Project Manager,Principal,Public Utilities Engineering
Date: 8/20/2012 4:06:07 PM
Name: ChmelikTom
Title: Director,Public Utilities Engineering
Date: 8/24/2012 11:06:10 AM
Name: Susan Jacobs
Title: Operations Analyst,Public Utilities
Date: 9/6/2012 1:31:13 PM
Name: WardKelsey
Title: Manager-Contracts Administration,Purchasing&Ge
Date: 9/11/2012 5:34:21 PM
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
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9/25/2012 Item 16.C.3.
Date: 9/11/2012 7:41:59 PM
Name: JohnsonScott
Title: Purchasing Agent,Purchasing&General Services
Date: 9/12/2012 8:36:40 AM
Name: YilmazGeorge
Title: Administrator,Public Utilities
Date: 9/12/2012 2:31:39 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 9/12/2012 6:30:50 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/14/2012 10:00:23 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 9/17/2012 2:59:20 PM
Name: OchsLeo
Title: County Manager
Date: 9/17/2012 3:50:23 PM
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9/25/2012 Item 16.C.3.
Contract #12-5919
Utility Design Engineering Services - US41 from CR951 to Greenway Road
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
Johnson Engineering, Inc., authorized to do business in the State of Florida, whose business
address is 2350 Stanford Court, Naples FL. 34112 (hereinafter referred to as the
"CONSULTANT").
WITNESSETH:
WHEREAS, the OWNER desires to obtain Utility Design Engineering Services of the
CONSULTANT concerning US41 from CR951 to Greenway Road (hereinafter referred to as
the "Project"), said services being more fully described in Schedule A, "Scope of Services",
which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
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ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER Utility Design Engineering 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.
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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 Michael Dickey, 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
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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
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deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or
federal requirements and/or codes and ordinances applicable to Consultant's performance of
the work as related to the project. This list is not deemed to be all-inclusive, and the County
reserves the right to make sole determination regarding deductions. After notification of
deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these
funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and/or items necessary to correct the deficiencies directly related to the
Consultant's non-performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the
RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have
common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement -
EOP, etc), and adhere to industry standard CAD specifications.
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ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT
shall furnish or obtain from others Additional Services of the types listed in Article Two herein.
The agreed upon scope, compensation and schedule for Additional Services shall be set forth in
the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time
such services are authorized. These services will be paid for by OWNER as indicated in Article
Five and Schedule B. Except in an emergency endangering life or property, any Additional
Services must be approved in writing via an Amendment to this Agreement prior to starting such
services. OWNER will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such
Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but
rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER
determines that a change in the Agreement is. required because of the action taken by
CONSULTANT in response to an emergency, an Amendment shall be issued to document the
consequences of the changes or variations, provided that CONSULTANT has delivered written
notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT
knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written
notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an
adjustment to its compensation or time of performance under this Agreement. The following
services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Services:
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
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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
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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).
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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;
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(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.
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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.
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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
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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
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or reflect its services hereunder. The records and documentation will be retained by
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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:
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9.3.1. All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation policy,
provided by CONSULTANT to meet the requirements of this Agreement
shall name Collier County Government, Collier County, Florida, as an
additional insured as to the operations of CONSULTANT under this
Agreement and shall contain a severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse
against OWNER for payment of premiums or assessments for any
deductibles which all are at the sole responsibility and risk of
CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any
insurance or self-insurance program carried by OWNER applicable to this
Project, and the "Other Insurance" provisions of any policies obtained by
CONSULTANT shall not apply to any insurance or self-insurance program
carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work
performed on behalf of Collier County, or reference this contract
number.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida,
and shall be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and
received by OWNER, except such rights as they may have to the proceeds of such
insurance held by any of them.
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
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Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
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
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between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
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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
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provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
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
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Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT'S services to be provided under this
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Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
.15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
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: Nathan Beals, Project Manager
Phone: 239-252-2583
Fax: 239-252-6460
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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:
Johnson Engineering, Inc.
2350 Stanford Court
Naples, FL. 34112
Attention: Michael Dickey, PE.
Phone: 239-434-0333
Fax: 239-434-9320
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.
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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
RFP # 12-5919 Utility Design Engineering Services - US41 from CR951 to
Greenway Road Terms and Conditions
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
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this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any 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."
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ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and
by OWNER'S staff person who would make the presentation of any settlement reached at
mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
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.
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9/25/2012 Item 16.C.3.
SCHEDULE A
SCOPE OF SERVICES
TASK 1.0 PROJECT MANAGEMENT
The CONSULTANT will assist the COUNTY with project management by providing the following
professional services:
1.1 Attend an initial kick-off meeting with the COUNTY staff to review project objectives
and standards for completing the work. The CONSULTANT shall prepare a written
meeting memorandum summarizing the discussion and project action plan.
1.2 Prepare and submit bi-weekly updates on project progress to COUNTY staff.
1.3 Attend up to six (6) team meetings during preparation of construction plans.
1.4 Coordinate and/or attend meetings w/ FDOT concerning proposed relocations of
utilities.
1.5 Attend meetings with COUNTY staff to present and review 90% and final construction
plans. Participate with COUNTY staff to generate suggestions and comments to
incorporate into the design.
TASK 2.0 DESIGN
2.1 Review record drawings to indentify existing utilities along construction corridor. It is
understood that FDOT will provide digital file of soft dig work to locate existing utilities.
2.2 Review FDOT's construction plans for US 41 Road Improvements Phase III submittal
and prepare detailed Utility Work Schedule for submittal to FDOT.
2.3 Using the Phase III base map provided by FDOT's consultant, prepare 90% level of
completion drawings per the general requirements of the UWHC agreement. The
ENGINEER will prepare 90% Plans, including Key Sheet, Plan Sheets, and Water &
Wastewater Details. The CONSULTANT shall submit to the COUNTY three (3) sets
of prints (11" x 17") for review purposes.
2.4 Prepare final plans, including Key Sheet, Plan View Sheets, Water & Wastewater
Details. The CONSULTANT shall submit to the COUNTY three (3) sets of prints (11"
x 17") for review purposes. Plans will incorporate permit conditions, as appropriate,
from FDOT.
2.5 Design horizontal directional drills for water main and force main crossings at four (4)
creek locations. Design will include plan and profile sheets, pull back calculations and
construction requirements for incorporation into the supplemental specifications.
2.6 Assist COUNTY with preparation of Technical Specifications pursuant to FDOT
requirements and a Bid Item Summary pursuant to the general requirements of the
UWHC Agreement. The CONSULTANT shall review the documents prepared by the
COUNTY and provide assistance with Supplemental Conditions, if appropriate.
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2.7 Prepare and submit electronic submittal package as part of the professional electronic
data delivery system as required by FDOT.
2.8 The CONSULTANT will prepare a Construction Cost Opinion based upon the Final
Construction Plans.
TASK 3.0JOINT PARTICIPATION AGREEMENT (JPA) & UTILITY WORK BY HIGHWAY
CONTRACTOR AGREEMENT (UWHC)
Assist COUNTY with the preparation and submittal of a JPA and UWHC Agreement between
the COUNTY and FDOT. Submittals will be made as outlined in the FDOT Schedule of Events
for this project.
TASK 4.0 PERMITTING
FDEP Permitting
4.1 Assist COUNTY with the preparation and submittal of the following Florida
Department of Environmental Protection (FDEP) permit applications:
a. FDEP Public Water System Application
b. FDEP Domestic Wastewater Collection/Transmission System Application
4.2 Prepare permit applications and submit via PDF files to COUNTY for review and signature as part of the 60% level of completeness submittal. Schedule and attend
pre-application meetings with agencies as required.
Both water and wastewater FDEP permit application fees are included in Task 7.0 —
Reimbursables. It is recognized by the COUNTY that permitting is a regulatory function and
CONSULTANT does not guarantee issuance of any permit.
SFWMD Environmental Resource Permitting
4.3 CONSULTANT will map the habitat types within the project corridor. If agency staff
determines wetland boundaries must be field delineated or survey located, a
supplemental agreement will be necessary.
4.4 CONSULTANT will conduct a review of the proposed alignment for threatened and
endangered species involvement, and coordinate with Florida Fish and Wildlife
Service (FWS) staff as necessary during environmental permitting. If agency staff
determines formal consultation, preparation of an Environmental Assessment,
Protected Species Survey Report, Biological Opinion or species specific management
plans are required, a supplemental agreement will be necessary.
4.5 CONSULTANT will prepare and submit the Environmental Resource Permit (ERP) to
the FDEP and Section 404 Dredge and Fill Permit to the U.S. Army Corps of
Engineers (ACOE). This task includes preparation of environmental support materials,
including environmental permit drawings. Also included are meetings with the
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COUNTY and agency staff to facilitate the permit submittal and review process as
well as environmental assistance to respond to agency requests for additional
information (RAI). This ERP will cover the four (4) creek crossings at the existing
canals.
It is recognized by the COUNTY that wetlands mitigation is not included in this scope.
CONSULTANT assumes that any necessary wetlands mitigation will be obtained as part of
the road improvements.
It is further recognized by the COUNTY that the permit application fees for Tasks 4.3 through
4.5 are the responsibility of the COUNTY and that permitting is a regulatory function and
CONSULTANT does not guarantee issuance of any permit.
TASK 5.0 CONSTRUCTION CONTRACT ADMINISTRATION
The CONSULTANT shall assist the COUNTY with the construction contract administration,
which shall include the following professional services:
5.1 Respond to inquiries by the contractor or FDOT related to the design of the
improvements.
5.2 Attend pre-bid meeting.
5.3 Attend pre-construction meeting.
TASK 6.0 ADDITIONAL MODIFICATIONS/SUBMITTALS
These fees will be used In the event additional plan modifications or submittals occur beyond
the above-described 90% plans or final plan submittal.
TASK 7.0 REIMBURSABLES
CONSULTANT will provide deliverables that will include, but is not limited to the following:
courier and express delivery charges, reproduction of plans and reports, photography, field
supplies, FDEP water and wastewater permit application fees and costs of other materials
and/or equipment specifically used for and solely applicable to this project.
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SCHEDULE B
BASIS OF COMPENSATION
TIME AND MATERIAL AND LUMP SUM
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then-authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1 All monthly status reports and invoices shall be mailed to the attention of:
Clerk's Finance Department Collier County Public Utilities Dept.
ATTN: Accounts Payable ATTN: Nathan Beals, Project Manager
3299 Tamiami Trail E Ste 700 3339 Tamiami Trail E Suite 303
Naples FL 34112 Naples, FL, 34112
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump
sum payments to CONSULTANT in accordance with the terms stated below. Payments will be
made in accordance with the following Schedule; however, the payment of any particular lump
sum line item noted below shall not be due until all services associated with any such line item
have been completed to OWNER'S reasonable satisfaction. Monthly payments to
CONSULTANT for Time and Material Items will be based upon CONSULTANT'S Direct Labor
Costs and Reimbursable Expenses in accordance with the terms stated below. Provided,
however, in no event shall such compensation exceed the amounts set forth in the table below.
Task LUMP SUM
1 Project Management $37,340.00
2 Design $110,370.00
TIME AND MATERIALS NOT TO EXCEED
3 Joint Participation & Utility Work by Highway Contractor $9,160.00
4 Permitting $23,520.00
5 Construction Contract Administration $38,560.00
6 Additional Modifications/Submittals $10,520.00
7 Reimbursable items $5,000.00
TOTAL FOR TASKS 1 through 7 $234,470
B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive)
paid to CONSULTANT'S personnel, with respect to this Project, including all indirect
payroll related costs and fringe benefits, all in accordance with and not in excess of the
rates set forth in the Attachment I to this Schedule B.
B.2.3. With each monthly Application for Payment for Time and Material Items, CONSULTANT
shall submit detailed time records, and any other documentation reasonably required by
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OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to
be reviewed and approved by OWNER.
B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or
Additional Services without OWNER'S prior written approval.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out-of-pocket expenses incurred in the performance of all such
services.
B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees and Reimbursable Expenses earned that month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in triplicate in a form and manner required by
Owner. Additionally, the number of the purchase order granting approval for such
services shall appear on all invoices.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non-payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and the Project name and shall not be submitted more than one time monthly.
B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the
applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage
Owner has determined CONSULTANT has completed such task as of that particular
monthly billing.
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B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B.3.5 Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up
by the CONSULTANT, and shall consist only of the following items:
B.3.5.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and
Specifications.
B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER. Such
expenses, if approved by OWNER, may include coach airfare, standard
accommodations and meals, all in accordance with section 112.061, F.S. Further,
such expenses, if approved by OWNER, may include mileage for trips that are
from/to destinations outside of Collier or Lee Counties. Such trips within Collier
and Lee Counties are expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4 Expense of overtime work requiring higher than regular rates approved
in advance and in writing by OWNER.
B.3.5.1.5 Expense of models for the County's use.
B.3.4.1.6 Other items on request and approved in writing by the OWNER.
Alsok
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SCHEDULE B
BASIS OF COMPENSATION
Personnel Category Standard Hourly Rate
Principal $190
Engineer VIII $170
Engineer V $135
Construction Manager $150
Tech IV $100
Tech II $65
Tech III $75
Ecologist $150
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 Consultant as
needed.
END OF SCHEDULE B.
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SCHEDULE C
PROJECT MILESTONE SCHEDULE
Tasks 1 and 2 shall be completed within ninety (90) days from the date of the Notice to Proceed
(NTP) issued by the County Project Manager. The schedule for the remaining Tasks 3 through 6
shall be determined upon FDOT project approval, and upon issuance of a second NTP by the
County Project Manager, not to exceed three hundred sixty five (365) days unless modified in
writing by the parties in accordance with Purchasing Policy and Procedures. Task 7 shall run
concurrent with each respective NTP.
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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
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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
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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)
$500,000 Each Accident
$500,000 Disease Aggregate
$500,000 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
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(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 A0,t,
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
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(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
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(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the Ask
ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less ; ..
than:
Bodily Injury & Property Damage - $ 500,000
_X Bodily Injury & Property Damage - $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
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$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.
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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 SCHEDULE D
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SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Johnson Engineering, Inc. hereby certifies that wages, rates and other factual unit
costs supporting the compensation for the services of the CONSULTANT to be provided under
the Professional Services Agreement, concerning Utility Design Engineering Services for
US41 from CR951 to Greenway Road are accurate, complete and current as of the time of
contracting.
JOHNSON ENGINEERING, INC.
BY:
TITLE:
DATE:
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SCHEDULE F
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
Michael Dickey Principal 30%
Steve Morrison Principal 19%
Jared Brown Engineer VII 4%
James Lofton Construction Manager 4%
Tremayne Whitfield Tech IV 18%
Michele Newbury Tech II 12%
Lisa Baughman Tech III 4%
John Curtis Ecologist 9%
100%
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9/25/2012 Item 16.C.3.
REQUEST FOR PROPOSALS
In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act.
Coffer Count
Admnistative Services Dwison
Purasinq
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
CCNA Solicitation
12-5919 Utility Design Engineering Services -
US41 from CR951 to Greenway Road
Scott D. Johnson, Procurement Strategist
239/252-8995 (Telephone)
239/252-6588(Fax)
scottjohnson @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.
010
Pt:F..:ngGerzrn _-TEM..,,Era _as :a;)e_ , v-,:a <i^.::::: :i:...,iet ur t_a.r..r.
CCNA(Revision 3/1/2012)
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Amok
Table of Contents
LEGAL NOTICE 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT 4
EXHIBIT II: GENERAL RFP INSTRUCTIONS 10
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 14
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP 18
ATTACHMENT 1: VENDOR'S NON-RESPONSE STATEMENT 26
ATTACHMENT 2: VENDOR CHECK LIST 27
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT 28
ATTACHMENT 4: VENDOR DECLARATION STATEMENT 29
ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION 31
ATTACHMENT 6: VENDOR SUBSTITUTE W—9 32
ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS 33
ATTACHMENT 8: REFERENCE QUESTIONNAIRE 35
Alak
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ple,
r County
�—
Adrr nisuat ve Services Division
Purchasing
Legal Notice
Pursuant to approval by the County Manager, Sealed Proposals to provide 12-5919 Utility
Design Engineering Services - US41 from CR951 to Greenway Road will be received until 3:00
PM, Naples local time, on July 6, 2012 at the Collier County Government, Purchasing
Department, 3327 Tamiami Trail E, Naples, FL 34112.
CCNA Solicitation
12-5919 Utility Design Engineering Services - US41 from CR951 to Greenway Road
A pre-proposal conference is not applicable for this solicitation.
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.colliertiov.net/bid.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: /S/ Joanne Markiewicz
Interim Purchasing & General Services Director
This Public Notice was posted on the Collier County Purchasing Department website:
www.collieraov.nettpurchasinq and in the Lobby of Purchasing Building "G", Collier County
Government Center on June 15, 2012.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Public Utilities Planning & Project Management Department
(hereinafter, the "Division or Department"), the Collier County Board of County Commissioners
Purchasing Department (hereinafter, "County") has issued this Request for Proposal
(hereinafter, "RFP")with the intent of obtaining proposals from interested and qualified firms in
accordance with the terms, conditions and specifications stated or attached.
The Vendor, at a minimum, must achieve the requirements of the Specifications or Scope of
Work stated herein.
Brief Description of Purchase
The professional services will include, but not be limited to, design engineering, permitting and
permitting services, specifications, utility work schedules, project management, construction
contract administration, and post construction services. The scope of these services is to
include those required for the administration of all phases of the design as well as post design.
This scope does not include construction inspection or observation as the County will retain the
services of a separate CEI firm for this task.
Estimated Construction cost: $2.7 million.
Background
The purpose is to relocate all the water and wastewater infrastructure to accommodate a future
Florida Department of Transportation (FDOT) project to widen US41 between CR951 and
Greenway Road from two lanes to six lanes. It is expected that the entire three and a half miles
of water main and force main will require relocation.
The County plans for the relocations to be performed by the FDOT highway contractor that is
planned to be let during the first quarter of 2013 or Collier County.
The proposer should have local experience working with FDOT, utility design within Collier
County Water-Sewer District using the Collier County Utilities Standards Manual, and local
FDEP permitting procedures.
Detailed Scope of Work
TASK I — PROJECT MANAGEMENT
1.1 Attend an initial kick-off meeting with the County staff to review project objectives and
standards for completing the work. The Consultant shall prepare a written meeting
memorandum summarizing the discussion and project action plan.
1.2 Prepare and submit bi-weekly updates on project progress to Department staff.
1.3 Attend up to six team meetings during preparation of construction plans.
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1.4 Coordinate and/or attend meetings w/ FDOT concerning proposed relocations of utilities.
1.5 Attend meetings with County staff to present and review 60%, 90% and final construction
plans. Participate with County staff to generate suggestions and comments to incorporate
into the design.
TASK II — DESIGN
2.1 Review record drawings to indentify existing utilities along construction corridor. It is
understood that FDOT will provide digital file of soft dig work to locate existing utilities.
2.2 Review FDOT construction plans for US 41 Road Improvements Phase II submittal and
prepare detailed Utility Work Schedule for submittal to FDOT.
2.3 Using the Phase II base map provided by FDOT consultant, prepare drawings per the
general requirements of the Utility Work by Highway Contractor Agreement (UWHCA). The
plans shall depict proposed conflict resolutions of water and wastewater infrastructure using
the Collier County Utilities Standards Manual. Prepare an Engineer's Opinion of Probable
Construction Cost. Transmit copies of the plans to FDOT for review and comment as
required.
2.4 Using the Phase III base map provided by FDOT consultant, prepare 90% level completion
drawings per the general requirements of the UWHCA. The Consultant will prepare 90%
Plans, including; Key Sheet, Plan Sheets, and Water&Wastewater Details. The Consultant
shall submit to the County scalable PDF files of 11" x 17" prints for review purposes.
2.5 Prepare final plans. The Consultant shall submit to the County scalable PDF files of 11" x
17" prints for review purposes:Plans will incorporate permit conditions as appropriate from
FDOT.
2.6 Assist County with preparation of Technical Specifications pursuant to FDOT requirements
and a Bid Item Summary pursuant to the general requirements of the UWHCA. The
Consultant shall review the documents prepared by the County and provide assistance with
Supplemental Conditions, if appropriate.
2.7 The Consultant will prepare a Construction Cost Opinion pursuant to the general
requirements of the UWHCA based upon the Final Construction Plans.
TASK III —FDEP PERMITTING
3.1 Assist COUNTY with the preparation and submittal of the following Florida Department of
Environmental Protection (FDEP) permit applications:
a) FDEP Public Water System Application
b) FDEP Domestic Wastewater Collection/Transmission System Application
c) Any additional as required
Task IV— ENVIRONMENTAL/WILDLIFE RESOURCE PERMITTING
4.1 Consultant will map the habitat types within the project corridor.
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4.2 Consultant will conduct a review of the proposed alignment for threatened and endangered
species involvement, and coordinate with Florida Fish and Wildlife Service (FWS) staff as
necessary during environmental permitting.
4.3 Consultant will prepare and submit the Environmental Resource Permit (ERP)to the FDEP
and Section 404 Dredge and Fill Permit to the U.S. Army Corps of Engineers (ACOE).
Task V—CONSTRUCTION CONTRACT ADMINISTRATION
5.1 Respond to inquiries by the contractor or FDOT related to the design of the improvements.
5.2 Modify construction plans as needed to accommodate field changes.
5.3 Witness pressure testing of water and force mains.
5.4 Prepare Record/As-Built Drawings based on information provided by contractor.
5.5 Consultant shall attend progress meetings to observe the various aspects of Contractor's
work in order to certify project completion to the various permitting agencies and submit
request to place into service to the FDEP.
Term of Contract
The contract term, if an award(s) is/are made is intended to be thirty (30) days after the final
completion of the construction project close out.
Consultant's rates and material 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 6/15/2012
Last Date for Receipt of Written Questions 6/29/2012, Noon,
Naples Local Time
Addendum Issued Resulting from Written Questions 7/2/2012
Solicitation Deadline Date and Time 7/6/2012, 3PM,
Naples Local Time _
Anticipated Evaluation of Submittals 7/9 —7/17/2012
Anticipated Completion of Contract Negotiations July-August
Anticipated Board of County Commissioner's Contract 9/11/2012
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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.
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.
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 (30)— Page limit of 10 pages
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.
3. Tab III, Experience and Capacity of Firm (35)— Page limit 10 pages
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
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describe the various team members' successful experience in working with one another
on previous projects.
List Current Projects in the Format Identified Below
Project Number of
Start Date End Date Original final Project Change
Description Budget Cost g
Orders
4. Tab IV, Specialized Expertise of Team Members (15) Page limit of 10 pages
Attach resumes of all proposed project team members who shall be intimately involved
in the management of the total package of services, as well as the delivery of specific
services. The same should be done for any sub-consultants. If sub-consultants are
being utilized, letters of intent from stated sub-consultants must be included with
proposal submission.
5. Tab V, References—5 Completed and Returned (20)
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).
For illustrative purposes only, see chart for an example of how these points would be
distributed among the five proposers.
Vendor Total Reference
Vendor Name Points Awarded
Score
Vendor ABC 445 20
Vendor DEF 435 19.6
Vendor GHI 425 19.1
Vendor JKL 385 17.3
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Vendor MNO 385 17.3
Vendor PQR 250 11.2
Note:Sample chart reflects a 20 point reference criterion.
The points awarded by vendor will be distributed to the Selection Committee prior to
their evaluation of the proposals. The Selection Committee will review the vendor's
proposal to ensure consistency and completion of all tasks in the RFP, and review the
Points Awarded per vendor. The Selection Committee may, at their sole discretion,
contact references, and/or modify the reference points assigned after a thorough review
of the proposal and prior to final ranking by the final Selection Committee.
6. Tab VI, Acceptance of Conditions (0)
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 (0)
• Attachment 2: Vendor Checklist
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Vendor Declaration Form'
• Attachment 5: Immigration Affidavit and company's E-Verify profile page and
memorandum of understanding
• Attachment 6: Vendor Substitute 9
• Attachment 7: Insurance Requirements
• Attachment 8: Reference Questionnaire
• Other: Signed addendum, license and any other informational materials
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Exhibit II: General RFP Instructions
1. Questions
Direct questions related to this RFP to the Collier County Purchasing Department E-
Procurement website: www.colliergov.net/bid.
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.
6. Delivery of Proposals
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All proposals are to be delivered before 3:00PM, Naples local time, on or before 7/6/2012
to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Scott D. Johnson, 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 one (1) paper copy clearly labeled "Master," and five (5) compact
disks (CD's)with one copy of the proposal on each CD in Word, Excel or PDF. List the
Solicitation Number and Title on the outside of the box or envelope.
7. Validity of Proposals
No proposal can be withdrawn after it is filed unless the 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.
If the County receives proposals from less than three (3)firms, the Purchasing Director shall
review all the facts and determine if it is in the best interest of the County to solicit additional
proposals or request that the Selection Committee rank order the received proposals.
The County may, as it deems necessary, conduct discussions with qualified 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.
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9/25/2012 Item 16.C.3.
The County's procedure for selecting is as follows:
1. The County Manager shall appoint a Selection Committee to review all proposals
submitted.
2. Request for Proposals issued.
3. Subsequent to the closing of proposals, the Procurement Strategist and Project
Manager shall review the proposals received and verify whether each proposal
appears to be minimally responsive to the requirements of the published RFP.
4. Meetings shall be open to the public and the Procurement Strategist shall publicly
post prior notice of such meeting in the lobby of the Purchasing Building at least one
(1) day in advance of all such meetings.
5. The committee members shall review each Proposal individually and score each
proposal based on the evaluation criteria stated herein.
6. Prior to the first meeting of the selection committee, the Procurement Strategist will
post a notice announcing the date, time and place of the first committee meeting.
Said notice shall be posted in the lobby of the Purchasing Building not less than
three (3)working days prior to the meeting. The Procurement Strategist shall also
post prior notice of all subsequent committee meetings and shall endeavor to post
such notices at least one (1) day in advance of all subsequent meetings.
7. Collier County will consider all the material submitted by the Proposer and other
information Collier County may obtain to determine whether the Proposer is capable
of and has a history of successfully completing projects of this type, including,
without limitation, additional information Collier County may request, 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.
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10. References
The County reserves the right to contact any and all references submitted as a result of this
solicitation.
11. Proposal Selection Committee and Evaluation Factors
The County Manager shall appoint a Selection Committee to review all proposals submitted.
The factors to be considered in the evaluation of proposal responses are listed below.
Business Plan 30 pts
Experience and Capacity of the Firm 35 pts
Specialized Expertise of Team Members 15 pts
Customer and Reference Listing 20 pts
TOTAL 100 pts
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 re-solicit for proposals, if desired, and upon recommendation and
justification by Collier County to accept the proposal which in the judgment of the County is
deemed the most advantageous for the public and the County of Collier.
Any proposal which is incomplete, conditional, obscure or which contains irregularities of
any kind, may be cause for rejection. In the event of default of the successful 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 re-advertise using the same or revised
documentation, at its sole discretion.
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9/25/2012 Item 16.C.3.
Exhibit Ill: 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
Aes loto
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
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5. Time Is Of the Essence and transportation shall conform to all
Time for delivery of goods or performance of applicable laws, including but not limited to
services under this Purchase Order is of the the Occupational Health and Safety Act, the
essence. Failure of VENDOR to meet Federal Transportation Act and the Fair
delivery schedules or deliver within a Labor Standards Act, as well as any law or
reasonable time, as interpreted by the regulation noted on the face of the Purchase
COUNTY in its sole judgment, shall entitle Order.
the COUNTY to seek all remedies available
to it at law or in equity. VENDOR agrees to 9. Advertising
reimburse the COUNTY for any expenses No VENDOR providing goods and services
incurred in enforcing its rights. VENDOR to the COUNTY shall advertise the fact that
further agrees that undiscovered delivery of it has contracted with the COUNTY for
nonconforming goods and/or services is not goods and/or services, or appropriate or
a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other
upon further compliance with all identifying marks or property without the
specifications. prior written consent of the COUNTY'S
Purchasing Department.
6. Changes
The COUNTY may at any time and by 10. Indemnification
written notice make changes to drawings VENDOR shall indemnify and hold harmless
and specifications, shipping instructions, the COUNTY from any and all claims,
quantities and delivery schedules within the including claims of negligence, costs and
general scope of this Purchase Order. expenses, including but not limited to
Should any such change increase or attorneys' fees, arising from, caused by or
decrease the cost of, or the time required for related to the injury or death of any person
performance of the Purchase Order, an (including but not limited to employees and
equitable adjustment in the price and/or agents of VENDOR in the performance of
delivery schedule will be negotiated by the their duties or otherwise), or damage to
COUNTY and VENDOR. Notwithstanding property (including property of the COUNTY
the foregoing, VENDOR has an affirmative or other persons), which arise out of or are
obligation to give notice if the changes will incident to the goods and/or services to be
decrease costs. Any claims for adjustment provided hereunder.
by VENDOR must be made within thirty (30)
days from the date the change is ordered or 11. Warranty of Non-Infringement
within such additional period of time as may VENDOR represents and warrants that all
be agreed upon by the parties. goods sold or services performed under this
Purchase Order are: a) in compliance with
7. Warranties applicable laws; b) do not infringe any
VENDOR expressly warrants that the goods patent, trademark, copyright or trade secret;
and/or services covered by this Purchase and c)do not constitute unfair competition.
Order will conform to the specifications,
drawings, samples or other descriptions VENDOR shall indemnify and hold harmless
furnished or specified by the COUNTY, and the COUNTY from and against any and all
will be of satisfactory material and quality claims, including claims of negligence, costs
production, free from defects and sufficient and expense, including but not limited to
for the purpose intended. Goods shall be attorneys' fees, which arise from any claim,
delivered free from any security interest or suit or proceeding alleging that the
other lien, encumbrance or claim of any third COUNTY'S use of the goods and/or
party. These warranties shall survive services provided under this Purchase Order
inspection, acceptance, passage of title and are inconsistent with VENDOR'S
payment by the COUNTY. representations and warranties in section 11
(a).
8. Statutory Conformity
Goods and services provided pursuant to If any claim which arises from VENDOR'S
this Purchase Order, and their production breach of section 11 (a) has occurred, or is
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likely to occur, VENDOR may, at the and acts of nature. When VENDOR has Ask
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
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this Purchase Order by VENDOR shall accordance with Florida Statute Chapter
not constitute a waiver of breach. 112.061, Per Diem and Travel
Waiver of the COUNTY by any default Expenses for Public Officers, employees
by VENDOR hereunder shall not be and authorized persons.
deemed a waiver of any subsequent e) In the event of any conflict between or
default by VENDOR. among the terms of any Contract
c) All notices under this Purchase Order Documents related to this Purchase
shall be sent to the respective Order, the terms of the Contract
addresses on the face page by certified Documents shall take precedence over
mail, return receipt requested, by the terms of the Purchase Order. To the
overnight courier service, or by personal extent any terms and /or conditions of
delivery and will be deemed effective this Purchase Order duplicate or overlap
upon receipt. Postage, delivery and the Terms and Conditions of the
other charges shall be paid by the Contract Documents, the provisions of
sender. A party may change its address the Terms and/or Conditions that are
for notice by written notice complying most favorable to the County and/or
with the requirements of this section. provide the greatest protection to the
d) The Vendor agrees to reimbursement of County shall govern.
any travel expenses that may be
associated with this Purchase Order in
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Exhibit IV: Additional Terms and Conditions for RFF 9/25/2012 Item 16.C.3.
1. 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.
Amitot
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Should at any time the Vendor not maintain the insurance coverage(s) requir€
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and
charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such
costs within thirty (30) days after demand, the County has the right to offset these costs from any amount
due 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
Additional items and / or services may be added to the resultant contract, or purchase order, in
compliance with the Purchasing Policy.
4. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly responsible
for 50% 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
The County reserves the right to order such services from selected firms as may be required during said
period, but does not guarantee any minimum or maximum services to be ordered during the period
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specified from any given firm. Work Order service assignments shall be at the _925/2012 IteCTI 16.C.3.
County.
The contracts are classified as fixed-term Countywide Agreements for various and miscellaneous
services which will be utilized on an as-needed basis. Assignments shall be implemented with Work
Orders subject to a maximum of$200,000 per Work Order and with a maximum yearly contract amount
of$750,000 per firm. Work Order assignments in excess of$200,000 shall be approved by the Board of
County Commissioners.
Should any project that is active on a work order extend past the contract termination date, that work order shall
be active and extended as necessary until completion of such project.
8. Site Inspection
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
Or emailed to: bccapclerk�7a collierclerk.com
Collier County, in its sole discretion, will determine the method of payment for goods and/or services as
part of this agreement.
Payment methods include:
• Traditional —payment by check, wire transfer or other cash equivalent.
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• Standard —payment by purchasing card. Collier County's Purchasing Car_ . . _... ._
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
the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized
by the Project Manager.
Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or other
fees)to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts,
the County reserves the right to off-set the amount owed to the County by applying the amount owed to
the vendor or contractor for services performed of for materials delivered in association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance
with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for
work not performed or for unsatisfactory performance of Contractual requirements.
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.
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All electrical installations shall be labeled with appropriate NFPA 70E arch flas. 9/25/2012 Item 16.0.3.
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
applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind.
Additionally, copies of the required licenses must be submitted with the proposal response
indicating that the entity proposing, as well as the team assigned to the County account, is
properly licensed to perform the activities or work included in the contract documents. Failure on
the part of any Vendor to submit the required documentation may 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
If you have questions regarding professional licenses contact the Contractor Licensing, Community
Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions
regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-2477.
12. Survivability
Bids (ITBs/RFPs): The Consultant/Contractor/Vendor agrees that any Work Order/Purchase Order that
extends beyond the expiration date of Solicitation 12-5919 resultant of this solicitation will survive and
remain subject to the terms and conditions of that Agreement until the completion or termination of any
Work Order/Purchase Order.
Avoit
13. 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.
14. 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.
15. 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.
Admik
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16. Lobbying 9/25/2012 Item 16.C.3.
All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be
lobbied, either individually or collectively about a project for which a firm has submitted a Proposal.
Firms and their agents are not to contact members of the County Commission for such purposes as
meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final
Board approval, no firm or their agent shall contact any other employee of Collier County in reference to
this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this
provision may serve as grounds for disqualification for award of this contract to the firm.
17. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)
In order to be considered for award, firms submitting a response to this solicitation shall be required to
provide a certificate of authority from the Florida Department of State Divisions of Corporations in
accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.orq/search.html). A copy of
the document shall be submitted with the solicitation response and the document number shall be
identified. Firms who do not provide the certificate of authority at the time of response shall be required
to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the
document within the referenced timeframe, the County reserves the right to award to another firm.
18. Single Proposal
Each 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-
consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this
requirement will be deemed non-responsive and rejected from further consideration.
Does this section apply? 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.
19. 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.
20. Public Entity Crime
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A person or affiliate who has been placed on the convicted vendor list followin9/25/2012 Item 16_C.3.
,
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, Al Ilk
subcontractor, or consultant under a contract with any public entity; and may not transact business with
any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted vendor list.
21. Security and Background Checks
If required, Vendor/ Contractor/ Proposer shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department, and drug testing for all employees that
shall provide services to the County under this Agreement. This may include, but not be limited to,
checking federal, state and local law enforcement records, including a state and FBI fingerprint check,
credit reports, education, residence and employment verifications and other related records. Contractor
shall be required to maintain records on each employee and make them available to the County for at
least four(4) years.
22. Conflict of Interest
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.
23. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311.
Violation of this provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and/or any employee of the firm from contact with County staff for a specified period of
time; b. Prohibition by the individual and/or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any contract held by the individual and/or firm for cause.
24. Immigration Law Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United States
and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based
means of verifying employment eligibility of workers in the United States; it is not a substitute for any
other employment eligibility verification requirements. The program will be used for Collier County formal
Invitations to Bid (ITB)and Request for Proposals (RFP) including professional services and construction
services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Amok
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Vendors/ Bidders are required to enroll in the E-Verify program, and provide e 9/25/2012 Item 16.C.3.
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 BidderNendor
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 seq. and regulations relating thereto, as either may be amended and with
the provisions contained within this affidavit. Failure by the awarded firm(s)to comply with the laws
referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and
the County shall have the discretion to unilaterally terminate said agreement immediately.
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9/25/2012 Item 16.C.3.
Colter C.-A:11411U
AcInnistrative seances Division
P rrch. a�ng
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 12-5919 Utility Design Engineering Services - US41 from
CR951 to Greenway Road 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:
IOW
•
❑ Other reason(s):
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
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9/25/2012 Item 16.C.3.
rirCounty
AdtTanistratIve Servi ces; vision
urchasrnc
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: Scott D. Johnson
CCNA Solicitation: 12-5919 Utility Design Engineering Services - US41 from CR951
to Greenway Road
❑ The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due
Date.
❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date
and time. (Otherwise Proposal cannot be considered.)
ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
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9/25/2012 Item 16.C.3.
Co war County
Acimnstratve Services Division
Pur-hasing
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
Amok
County of
SUBSCRIBED AND SWORN to before me this day of
20
by , who is personally known to me to be the
for the Firm, OR who produced the following identification
•
Notary Public
My Commission Expires
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9/25/2012 Item 16.C.3.
Cot County
r dnistattve Services Derision
purc hasinq
Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: CCNA Solicitation: 12-5919 Utility Design Engineering Services - US41 from CR951 to Greeway Road
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: 12-5919 Utility Design Engineering Services - US41 from
CR951 to Greeway Road.
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:
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Additional Contact Information 9/25/2012 Item 16.C.3.
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:
•
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9/25/2012 Item 16.C.3.
Co ier C.,owrty
Atimmistrative S ,
z•urchasing
Attachment 5: Immigration Affidavit Certification
CCNA Solicitation: 12-5919 Utility Design Engineering Services- US41 from CR951 to Greeway Road
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's)and Request for Proposals (RFP)submittals. Further, Vendors / Bidders are
required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of
the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly
completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of
Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the
E-Verify program may deem the Vendor/ Bidder's proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)
of the Immigration and Nationality Act("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of
the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall
be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act
and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with
E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the
Vendor's/Bidder's proposal.
Company Name
Print Name Title
Signature Date
State of
County of
The foregoing instrument was signed and acknowledged before me this day of
20_, by
who has produced as identification.
(Print or Type Name) (Type of Identification and Number)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein,the truth and accuracy of
this affidavit to interrogatories hereinafter made.
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9/25/2012 Item 16.C.3.
tP
C.4)f copy
or
Attachment 6: Vendor Substitute W—9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County(including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address City
State Zip
Telephone FAX Email
Order Information Remit I Payment Information
Address Address
City State Zip City State Zip
FAX FAX
Email Email
2. Company Status (check only one)
_Individual/Sole Proprietor _Corporation _Partnership
_Tax Exempt (Federal income tax-exempt entity _Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c)3) Enter the tax classification
(D=Disregarded Entity, C= Corporation, P=Partnership)
3. Taxpayer Identification Number(for tax reporting purposes only)
Federal Tax Identification Number(TIN)
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge.
Signature Date
-
Title Phone Number
ostwrk
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9/25/2012 Item 16.C.3.
Cot ier C...ovinty
Adr> nisWative Services Division
Purchasing
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 $1,000,000 single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability(Occurrence Form)
patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
4. ® Indemnification To the maximum extent permitted by Florida law, the
Contractor/Vendor/Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys'fees and
paralegals'fees,to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the ContractorNendor/Consultant or anyone
employed or utilized by the ContractorNendor/Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence
of Collier County.
4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage,
Owned/Non-owned/Hired;Automobile Included
5. ® Other insurance as ❑Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act)shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
® Professional Liability $1,000,000 per claim and in
the aggregate
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9/25/2012 Item 16.C.3.
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
❑Valuable Papers Insurance $ Per Occurrence
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers'check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A-"or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders'surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Vendor shall provide County with certificates of insurance meeting the required
insurance provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercia,.
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 Date
Vendor Signature
Print Name
Insurance Agency
Agent Name Telephone Number
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9/25/2012 Item 16.C.3.
Coder County
.��.-...moSav ,�.,_
?drrvsia es.D
Attachment 8: Reference Questionnaire
Solicitation: 12-5919 Utility Design Engineering Services - US41 from CR951 to Greeway Road
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name: Company:
(Evaluator completing reference questionnaire) (Evaluator's Company completing reference)
Email: FAX: Telephone:
Collier County is implementing a process that collects reference information on firms and their key personnel to be used in
the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a
client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of
your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual
again)and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not
have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0."
Project Description: Completion Date:
Project Budget: Project Number of Days:
Change Orders - Dollars Added : Change Orders- Days Added:
Item Citeria Score
1 Ability to manage the project costs (minimize change orders to scope).
2 Ability to maintain project schedule (complete on-time or early).
3 Quality of work.
4 Quality of consultative advice provided on the project.
5 Professionalism and ability to manage personnel.
6 Close out project process (final product turnover; invoices; manuals or going
forward documentation, etc.)
7 Ability to verbally communicate and document information clearly and succinctly.
8 Abiltity to manage risks and unexpected project circumstances.
9 Ability to follow County policies, procedures, rules, regulations, etc.
10 Overall comfort level with hiring the company in the future(customer satisfaction).
TOTAL SCORE OF ALL ITEMS
Please FAX this completed survey to: By
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