Agenda 06/24/2008 Item #16D20
Agenda Item No. 16020
June 24, 2008
Page 1 of 17
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EXECUTIVE SUMMARY
Recommendation to award Contract(s) #08.5068: "Physical and Biological
Monitoring for Collier County Coastal Zone Management Projects for Coastal
Zone Management to Coastal Planning and Engineering, inc.; Coastal
Engineering Consultants, Inc.; and Humiston & Moore Engineers
OBJECTIVE: To receive Board approval for the award of contracts to the above listed
Pre-Qualified Consultants in order to provide professional physical and biological
monitoring services for coastal zone management projects services for multiple
projects.
CONSIDERATIONS: Request for Proposal (RFP) was issued on April 2, 2008 to solicit
the contracts for these services. Notices were sent to two hundred ninety one (291)
firms and ninety one (91) firms requested an RFP package. Responses were received
from four (4) firms by the due date of April 24, 2008. A selection committee was formed
according to standard Purchasing Procedures and by consensus on May 29, 2008,
recommended the following firms to be awarded a contract.
1. Coastal Planning and Engineering, Inc.
2. Coastal Engineering Consultants, Inc.
3. Humiston & Moore Engineers
r.
Contract negotiations have been successfully completed by staff for the three (3) firms
at this time. All of the above listed firms have agreed to a standardized fee schedule for
their services, which staff believes will provide the opportunity for an equitable and fair
distribution of work. This is a fixed-term contract which provides for work orders to be
issued for each assignment subject to the terms of the contract.
FISCAL IMPACT: The funding for each work order that is assigned under the approved
contracts will come from each user Department.
LEGAL CONSIDERATIONS: This item has been reviewed and approved for form and
legal sufficiency. -CMG
GROWTH MANAGEMENT IMPACT: While these contracts have no direct growth
management impact, they are consistent with the County's long-tem growth plans.
RECOMMENDATION: That the Board of County Commissioners: (1) Award Contract
#08-5068 to the three (3) selected Pre-Qualified Consultants, and (2) Authorize the
Chairman of the Board to sign the standard, County Attorney approved agreements,
PREPARED BY: Gail Hambright, Coastal Zone Management Department
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Agenda Item No. 16020
June 24, 2008
Page 2 of 17
A G R E E MEN T #08-5068
For
Physical and BioIogical Monitoring for Collier County Coastal Zone Management Projects
THIS AGREEMENT, made and entered into on this day of , 2008 by
and between . authorized to do business in the State of Florida,
whose business address is: . hereinafter called the "Pre-
Qualified Consultant" and Collier County, a political subdivision of the State of Florida,
Collier County, Naples, hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. The contract shall be for a period commencing on
2008, and terminating on . 2010 or until such time as all outstanding Work
Orders issued prior to the expiration of the Agreement period have been completed.
This contract shall have two (2), twelve (12) month renewals, renewable annually. The
County Manager or his designee may, at his discretion, extend the Agreement under all
of the terms and conditions contained in this Agreement for up to one hundred eighty
(180) days. The County Manager, or his designee, shall give the Pre-Qualified
Consultant written notice of the County's intention to extend the Agreement terrn not
less than ten (10) days prior to the end of the Agreement term then in effect.
All Services to be performed by the Pre-Qualified Consultant pursuant to this
Agreement shall be in conformance with the scope of services, which shall be described
in a Work Order issued pursuant to the procedures described herein. The form of the
Work Order is set forth in attached Schedule B. Work Order. Reference to the term
"Work Order" herein, with respect to authorization of Services, includes all written
Amendments to any particular Work Order.
The "Commencement Date" for each Project Work Order shall be established in the
Notice to Proceed to be issued by the Owner. The Pre-Qualified Consultant shall
commence the work within five (5) calendar days from the Commencement Date. No
Work shall be performed prior to the Commencement Date. Any Work performed by the
Pre-Qualified Consultant prior to the Commencement Date shall be at the sole risk of the
Pre-Qualified Consultant.
2. STATEMENT OF WORK The Pre-Qualified Consultant shall provide Physical and
Biological Monitoring services in accordance with the terms and conditions of RFP #08-
5068 and the Pre-Qualified Consultant's proposal referred to herein and made an integral
part of this agreement.
Agenda Item No. 16020
June 24, 2008
Page 3 of 17
The Owner shall provide a summary of Work to be performed which will afford the Pre-
Qualified Consultant the opportunity to submit a formal quotation for the Work; the Pre-
Qualified Consultant shall respond with the information sought within ten (10) working
days.
For projects with an estimated cost of Two Hundred Thousand Dollars ($200,000) or less,
the Owner shall obtain quotations from all of the three ( 3 ) selected firms, negotiate
favorable project terms and conditions, and issue a numbered Work Order, signed by the
Project Manager and the Department Director, to initiate the projects.
For projects with an estimated cost over Two Hundred Thousand Dollars ($200,000) and
over, quotations shall be solicited from all of the three ( 3 ) selected firms. The County
will negotiate favorable project terms and conditions and issue a signed, numbered Work
Order. Board of County Commissioners approval is required in addition to the Project
Manager and Department Director signatures.
The total initial compensation for all Work Orders issued under this Agreement shall not
exceed $750,000 annually, unless otherwise approved in writing by the Board of County
Commissioners of Collier County.
In each Request for Quotation, the Owner reserves the right to specify the period of
completion.
3. COMPENSATION. The compensation (whether based upon a negotiated lump sum,
time and materials, hourly with a cap or some other agreed upon format) contained in
each separate proposal shall be based on the hourly rates as set forth and identified in
Schedule A Hourly Rate Schedule, which is attached hereto, for the time reasonably
expended by Pre-Qualified Consultant's personnel in performing the Services. The Rate
Schedule may be updated by mutual agreement, based upon current Consumer Price
Index (CPI) percentages, on an annual basis on the anniversary date of the contract if
Pre-Qualified Consultant so requests in writing. Assignments shall be made by purchase
order based on Pre-Qualified Consultant's proposal.
4. TRA VEL. PER DIEM AND LODGING. The successful Proposer will abide by contract
language related to reimbursement of travel expenses in accordance with Florida
Statutes chapter 112.061, Per diem and travel expenses of Public Officers, employees and
authorized persons. This requirement includes, but is not limited to, expenses such as
automobile travel expenses reimbursement at $.44.5 (forty four point five cents) per mile
and meal expenses reimbursements at the following rates:
Breakfast:
Lunch:
Dinner:
$ 6.00
$11.00
$I9.00
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Agenda Item No. 16020
June 24, 2008
Page 4 of 17
Parking:
Actual ticket cost of Coach fare
Actual rental cost of midsize or smaller car
Actual cost of reasonable lodging at
single occupancy rate
Actual cost of parking
Airfare:
Rental car:
Lodging:
5. INVOICING, The purchase order number and Work Order number must be referenced
on each invoice. Payment will be made upon receipt of a proper invoice and in
cornpliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government
Prompt Payment Act". The Pre-Qualified Consultant will endeavor to invoice County
every thirty (30) days for services performed against all purchases orders unless no
service was provided by Pre-Qualified Consultant to County. The Pre-Qualified
Consultant may be subject to audit by the County, in the County's sole discretion.
6. NOTICES. All notices from the County to the Pre-Qualified Consultant shall be deemed
duly served if mailed or faxed to the Pre-Qualified Consultant at:
Business Name:
Business Address
City, State, Zip
Atten:
Telephone:
Facsimile:
All Notices from the Pre-Qualified Consultant to the County shall be deemed duly
served if mailed or faxed to the County at:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiarni Trail, East
Naples, Florida 34112
Attn: Steve Carnell
Facsimile: 239-595-6584
The Pre-Qualified Consultant and the County rnay change the above mailing address at
any tirne upon giving the other party written notification. All notices under this Service
Agreement must be in writing.
7. NO PARTNERSHIP, Nothing herein contained shall create or be construed as creating
a partnership between the County and the Pre-Qualified Consultant or to constitute the
Pre-Qualified Consultant as an agent of the County.
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Agenda Item No. 16020
June 24. 2008
Page 5 of 17
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits
necessary for the prosecution of the Work shall be obtained by the Pre-Qualified
Consultant. Payment for all such permits issued by the County shall be processed
internally by the County. All non-County permits necessary for the prosecution of the
Work shall be procured and paid for by the Pre-Qualified Consultant. The Pre-
Qualified Consultant shall also be solely responsible for payment of any and all taxes
levied on the Pre-Qualified Consultant. In addition, the Pre-Qualified Consultant shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Pre-Qualified Consultant
agrees to comply with all laws governing the responsibility of an employer with respect
to persons employed by the Pre-Qualified Consultant.
9. NO IMPROPER USE, The Pre-Qualified Consultant will not use, nor suffer or permit
any person to use in any manner whatsoever, county facilities for any improper,
immoral or offensive purpose, or for any purpose in violation of any federal, state,
county or municipal ordinance, rule, order or regulation, or of any governmental rule or
regulation now in effect or hereafter enacted or adopted. In the event of such violation
by the Pre-Qualified Consultant or if the County or its authorized representative shall
deem any conduct on the part of the Pre-Qualified Consultant to be objectionable or
improper, the County shall have the right to suspend the contract of the Pre-Qualified
Consultant. Should the Pre-Qualified Consultant fail to correct any such violation,
conduct, or practice to the satisfaction of the County within twenty-four (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to continue
until the violation is cured. The Pre-Qualified Consultant further agrees not to
commence operation
during the suspension period until the violation has been corrected to the satisfaction of
the County.
10. TERMINATION. Should the Pre-Qualified Consultant be found to have failed to
perform his services in a manner satisfactory to the County as per this Agreement, the
County may terminate said agreement immediately for cause; further the County may
terminate this Agreement for convenience with a seven (7) day written notice. 111e
County shall be sole judge of non-performance.
11. NO DISCRIMINATION. The Pre-Qualified Consultant agrees that there shall be no
discrimination as to race, sex, color, creed or national origill.
12. INSURANCE. The Pre-Qualified Consultant shall provide insurance as follows:
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Agenda Item No. 16020
June 24, 2008
Page 6 of 17
A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000
per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent Pre-
Qualified Consultants; Products and Completed Operations and Contractual
Liability.
B. Business Auto Liability: Coverage shall have minimurn limits of $300,000 per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits of Florida Statutes, Chapter 440 and in compliance with all federal laws,
D. United States Long:shoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
1- Applicable _ Not Applicable
E. Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
X Applicable _ Not Applicable
In the event that the Pre-Qualified Consultant has a marina exposure, the Pre-
Qualified Consultant will purchase (or provide) the necessary and appropriate
insurance coverage for items D. and E.
F. Professional Liabilitv: Coverage shall be in the amount of $1,000,000 and shall be
written on a "claims-made" form. The policy and any annual renewals for the
policy will remain in full force and effect until completion of this Agreement. The
date under the policy or policies will be no later than the first date any such
consulting work is performed under this Agreement. The Pre-Qualified
Consultant agrees to provide either continuous claims-made coverage for at least
two (2) years following the completion of this Agreement or will purchase an
"Extended Reporting Period" following expiration of the policy for a two (2) year
period,
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Pre-Qualified Consultant during the duration of this Agreement.
Renewal certificates shall be sent to the County thirty (30) days prior to any
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Agenda Item No. 16020
June 24, 2008
Page 7 of 17
expiration date. There shall be a thirty (30) day notification to the County in the
event of cancellation or modification of any stipulated insurance coverage.
Pre-Qualified Consultant shall insure that all sub-Consultants comply with
the same insurance requirements that he is required to meet. The same Pre
Qualified Consultant shall provide County with certificates of insurance meeting
the required insurance provisions.
13. INDEMNIFICATION, To the maximum extent permitted by Florida law, the Pre-
Qualified 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 Pre-Qualified
Consultant or anyone employed or utilized by the Pre-Qualified 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.
14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Coastal Zone Management Department.
15. CONFLICT OF INTEREST: Pre-Qualified 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. Pre-Qualified
Consultant further represents that no persons having any such interest shall be
employed to perform those services.
16. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: RFP #08-5068; Pre-Qualified Consultant's Proposal; Schedule A, Hourly
Rates; Schedule B, Work Order; and Schedule C, Truth in Negotiations Certificate.
17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
18. 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
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Agenda Item No. 16D20
June 24, 2008
Page 8 of 17
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, 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, proposals, and/or quotes; and, c.
immediate termination of any contract held by the individual and/or firm for cause.
19. ADDITIONAL ITEMS/SERVICES: Additional items and/or services may be added to
this contract upon satisfactory negotiation of price by the County and Pre-Qualified
Consultant.
20. OFFER EXTENDED TO OTHER GOVERNMENT At ENTITIES: Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this contract to other governmental entities at the discretion of the
successful proposer.
21. VENUE. This agreement shall be construed in compliance with Florida Laws.
Venue shall be in Collier County, Florida.
22. DISPUTE RESOLUTION. 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 Pre-Qualified Consultant with full decision-making authority and
by County's staff person who would make the presentation of any settlement reached
during negotiations to County's 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 the Pre-Qualified Consultant with full decision-making
authority and by County's staff person who would make the presentation of any
settlement reached at mediation to County'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.
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Agenda Item No. 16D20
June 24, 2008
Page 9 of 17
IN WITNESS WHEREOF, the Pre-Qualified Consultant and the County, have each,
respectively, by an authorized person or agent, hereunder set their hands and seals on the date
and year first above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Tom Herming, Chairman
Dated:
(SEAL)
Name of Firm
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Agenda Item No. 16020
June 24, 2008
Page 10 of 17
Pre-Qualified Consultant
By:
First Witness
Signature
Type/print witness name
Second Witness
Typed signature and title
Type/print witness name
Approved as to form and
legal sufficiency:
Assistant County Attorney
ScheduIe A
Contract #08-5068 - Physical and BioIogical Monitoring for CoIIier County Coastal Zone
Management
Hourly Rate Schedule
Professional
Principal/President
Hourly Rate
$185.00/hr.
9
Senior Project Manager/VP Engineer
Project Manager ,Coordinator/Senior Engineer/
Senior Consultant
Project Engineer/Architect
Senior Inspector
Office Engineer
Project Construction Manager
Coastal Modeler
Senior Marine Biologist
Marine Biologist/Geologist
Engineer III/Coastal Engineer
Engineer II/Field Representative
Inspector
Senior Technician
Survey & Mapping
Surveyor and Mapper Senior
Surveyor and Mapper Junior
Hydrographer/Project Surveyor
GPS Survey Grade Three Man Party
Schedule A
Continued
Hourly Rate ScheduIe
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Agenda Item No. 16020
June 24, 2008
Page 11 of 17
$170.00/hr.
$ISO.OO/hr.
$I40.00/hr.
$12S.00/hr.
$lOS.00/hr.
$130.00/hr.
$11O.00/hr.
$13S.00/hr.
$ 95.00/hr.
$l1S.00/hr.
$12S.00/hr.
$ 8S.00/hr.
$14S.00/hr.
$110.00/hr.
$lOS.00/hr.
16S.00/hr.
Agenda Item No. 16020
June 24, 2008
Page 12 of 17
Professional
Hourly Rate
GPS Survey Grade Two Man Party
$11O.00/hr.
GIS & CAD
Principle GIS Consultant
$170.00/hr.
Senior GIS Consultant/Analyst
$160.00/hr.
GIS Technician
$ 7O.00jhr.
Senior CAD Operator
$ 90.00jhr.
CAD Operator
$ 80.00/hr.
Administrative
Office Manager
$ 60.00/hr.
Administrative Assistant/Secretary
$ 55.00jhr.
Clerical, other support
$ 40.00/hr.
Expert Witness
$250.00/hr.
This list is not intended to be all-inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County
and firm on a project by project basis as needed.
It
Agenda Item No. 16020
June 24, 2008
Page 13 of 17
Schedule B
Work Order
"Physical and Biological Monitoring for Collier County Coastal Zone Management"
Contract # 08-5068
Oated: , 200
Work Order Number:
This Wark Order is for professional describe services for work known as:
Project Name:
Project No:
The work is specified in the proposal dated , 200 which is attached hereto and made a part of this
Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order II
is assigned to:
Scope of Work: As detailed in the attached proposal and the following:
* Task I
* Task II
* Task 1II
Schedule of Work: Complete work within __days from receipt of the Notice to Proceed which is
accompanying this Work Order.
Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in
accordance with the following method(s): _Negotiated Lump Sum_Lump Sum Plus Reimbursable Costs
_Time & Material (established hourly rate - Schedule A) _Cost Plus Fixed Fee, as provided in the
attached proposal. (define which method will be used for which tasks)
Task I S
Task II S
Task III S
TOTAL FEE S
Any change made subsequent to final department approval will be considered an additional service and
charged according to Schedule "A" of the original Contract Agreement.
PREPARED BY:
name and title
Date
APPROVED BY:
Department Director, Department Name
Date
APPROVED BY:
Division Administrator, Division
Date
ACCEPTED BY:
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Agenda Item No. 16020
June 24, 2008
Page 14 of 17
Signature of Authorized Company Officer
Date
Type or Print Name and Title
SCHEDULE C
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055,
Florida Statutes,
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 the contract for Physical and
BioIogical Monitoring for CoIIier County Coastal Zone Management are accurate, complete
and current as of the time of contracting.
Name of Finn
BY:
TITLE:
DATE:
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Agenda Item No. 16D20
June 24, 2008
Page 15 of 17
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Agenda Item No. 16020
June 24, 2008
Page 16 of 17
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D20
Recommendation to award Contract(s) #08-5068: Physical and Biological Monitoring fOf
Collier County Coastal Zone Management Projects for Coastal Zone Management to Coastal
Planning and Engineering, Inc.; Coastal Engineering Consultants, Inc.; and Humiston &
Moore Engineers
Meeting Date:
6/24/20089:0000 AM
Approved By
Gary McAlpin
Costal Project Manager
Date
Public Services
Coastal Zone Management
6/5/20084:03 PM
Approved By
Linda Best
Contracts Agent
Oate
Administrative Services
Purchasing
6/6/20088:08 AM
Approved By
Scott Johnson
Purchasing Agent
Date
Administrative Services
Purchasing
6/8/20089:29 AM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
6/91200B 8:21 AM
Approved By
Colleen Greene
Assistant County Attorner
Date
County Attorney
County Attorney Office
6/91200B 9: 1 9 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
6/10/2008 5: 12 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Oate
Administrative Services
Purchasing
6/111200B 7:30 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
6/12/20082:57 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
61131200B 2:3B PM
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Agenda Item No. 16020
June 24, 2008
Page 17 of 17
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
6/17/20086:33 PM
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