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Item #08 Approval for the Authorization to Piggyback from the Agreement between Charlotte County and Public Resources Management Group, Inc., Contract No. 2016000052 for Water, Sewer, Reclaimed Water and Miscellaneous Fees-Rate Study
'' J Ocoee florida AGENDA ITEM COVER SHEET Meeting Date: June 21, 2016 Item # Reviewed By: Contact Name: Bob Briggs Department Director: 1 (// Contact Number: 1018 City Manager: Subject: Authorization to piggyback from the Charlotte County Florida Contract No. 2016000052, Water, Sewer, Reclaimed Water and Miscellaneous Fees-Rate Study. Background Summary: Public Resources Management Group (PRMG) has historically provided utility rate study and fee support to the City. The City will need additional support as we move through the capital project planning, funding and construction of the Western Loop Wastewater Transmission system and downtown infrastructure related projects. Charlotte County competitively solicited and awarded these type services that resulted in contracting with PRMG. Piggybacking this award and contract will allow the City to employ PRMG through September 2020 on an as-needed basis with no financial commitment beyond work agreed to with individual task authorizations. Issue: Should the Commission approve piggybacking from Charlotte County Florida for the use of PRMG in conducting utility rate and fee-related financial services? Recommendations Staff recommends the Honorable Mayor and City Commission approve piggybacking the Charlotte County Florida Contract No. 2016000052. Attachments: Contract No. 2016000052, Water, Sewer, Reclaimed Water and Miscellaneous Fees-Rate Study RFP No. 2016000052, Water, Sewer, Reclaimed Water and Miscellaneous Fees-Rate Study. Financial Impact: Services are budgeted annually for rate study updates and other financial work on an as needed basis in account number 401-531-00-3128 Professional Services Other. Sufficient funds are available in the current year, and services this year with PRMG should not exceed $19,800. However the final scope is contingent on approval of the final long-term financing option selected for the Utility's CIP. Utility Rate and Fee Study is part of the Department's recurring budget. Type of Item: (please mark with an 5c) Public Hearing For Clerk's Dept Use: Ordinance First Reading k Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by () N/A 2 CONTRACT NO. 2016000052 AGREEMENT BETWEEN CHARLOTTE COUNTY and PUBLIC RESOURCES MANAGEMENT GROUP, INC. for WATER, SEWER, RECLAIMED WATER AND MISCELLANEOUS FEES — RATE STUDY THIS AGREEMENT, is made and entered into by and between CHARLOTTE COUNTY, a political subdivision of the State of Florida, 18500 Murdock Circle, Port Charlotte, Florida 33948-1094, hereinafter referred to as the "County," and PUBLIC RESOURCES MANAGEMENT GROUP, INC., 341 Maitland Avenue, Suite 300, Maitland, Florida 32751 hereinafter referred to as the "Consultant." WITNESSETH WHEREAS, the County has determined that it is necessary to retain a CONSULTANT to provide professional services to provide financial management consulting and utility rate-making services; and WHEREAS, the Consultant has reviewed RFP No. 2016000052 required pursuant to this Agreement and is qualified, willing and able to provide and perform all such services in accordance with its terms. WHEREAS, the County, through a selection process conducted in accordance with the requirements of law and County policy, has determined that it would be in the best interest of the County to award a contract to Consultant for the rendering of those services described in the Scope of Services. NOW, THEREFORE, the County and the Consultant, in consideration of the mutual covenants contained herein, do agree as follows: ARTICLE 1. INCORPORATION OF DOCUMENTS 1.1. RFP No. 2016000052, consisting of pages 1 through and including 22, and the Proposal submitted by Consultant dated December 2, 2015, all filed with the Clerk of the Circuit Court of Charlotte County, Minutes Division, as RFP No. 2016000052, are hereby specifically made part of this Agreement as if same had been set forth at length herein. 1.2. In the event of any conflict between the documents constituting this Agreement, the documents shall be given precedence in the following order: Public Resources Management Group, Inc. Contract No. 2016000052 Water, Sewer, Reclaimed Water and Miscellaneous Fees—Rate Study 1) This Agreement; 2) Work Assignments; 3) RFP No. 2016000052; 4) The Proposal submitted by Consultant dated December 2, 2015. ARTICLE 2. REQUEST FOR SERVICES BY COUNTY 2.1. The County may, in its sole discretion, issue an authorization to Consultant to provide professional services for a specific project under the terms of this Agreement and in accordance with the procedures contained in RFP No. 2016000052 (hereinafter "specific project authorization" or "authorization") and any subsequent addenda thereto. Each specific project authorization shall be in writing and set forth: (1) the scope of services for the specific project; (2) an enumeration of the deliverables for the specific project, if applicable; (3) the time for performance of Consultant's services for the specific project; and (4) the basis and amount of compensation for Consultant's services for the specific project. Each authorization shall be subject to all the terms and conditions of this Agreement. Each authorization shall be in writing in the form of a Work Assignment using the form attached hereto as Exhibit A. After approval by the County Purchasing Director, County Administrator, or Board of County Commissioners, whichever is applicable under the provisions of RFP No. 2016000052, each Work Assignment shall become an amendment to this Agreement. ARTICLE 3 BASIC SERVICES 3.1. The basic services which shall be performed by Consultant under this Agreement are financial management consulting services and utility rate-making services for the utility department. The Consultant shall provide current and future financial feasibility reports (5-year and 20-year plans), revenue and expenditure analysis, and multi-scenario impact studies. Tasks shall be performed by Consultant on an "as assigned" basis and may include, but not be limited to, projects involving one or more of the following: • Water, Sewer, Reclaimed Water and Miscellaneous Fees Utility Rate and Financial Feasibility Study • Water, Sewer and Reclaimed Water Connection Fee Study • Analysis of existing and proposed Water Supply Agreements, Interlocal Agreements and Amendments • Educational presentations of utility information to County personnel and Board of County Commissioners • Analysis of financial data related to the acquisition, expansion or disposal of any water/sewer/reclaimed water within the utility service area • Requests for updated analyses or additional financial or cost of service scenarios after substantial completion of the initial work 2 Public Resources Management Group, Inc. Contract No. 2016000052 Water, Sewer, Reclaimed Water and Miscellaneous Fees—Rate Study • Information and analysis required relating to debt issuance and bond coverage, and service of senior debt • Provide comparisons of current and projected water and sewer costs (operational, capital improvement, bonded debt) against appropriate industry benchmarks • Analysis of impact to all rates based on future expansions of service • Assistance with State Revolving Fund(SRF), US Department of Agriculture (USDA) loan or grant funding applications and repayment options • Assistance with establishing, operating or realigning various Fund Accounts in order to streamline accounting with Renewal and Replacement (R&R) programs, Capitol Improvement Programs (CIP), and such • The delivery of non-proprietary multi-scenario modeling software as a deliverable at a milestone to be determined • General assistance with other methods of charging various fees and charges, evaluation of funding scenarios, and other related needs. 3.2. PRMG will provide the Department a monthly status report that identifies all outstanding projects, PRMG'S progress, future plans and outstanding issues. The Status Report shall address each specific work assignment. It is understood by both parties that this list of services is by no means inclusive; County may require additional consulting services not listed therein to be performed by PRMG in accordance with the terms and conditions of this contract. A detailed scope of services for a specific project shall accompany the Work Assignment for the project. 3.3. Consultant shall be responsible for knowledge of and compliance with all federal, state and local laws, rules, practices and regulations. Consultant must conclusively demonstrate its professional ability to represent the County before any and all regulatory agencies and County departments as necessary. 3.4. Consultant shall have an office staffed with professional technical personnel to prepare, assemble, and present reports to the County. These reports will include items such as preliminary analysis and progress. 3.5. No guarantee is expressed or implied as to the quantity of services, if any, to be procured under RFP No. 2016000052 or any addenda thereto, by Charlotte County. 3.6. The County, at its sole discretion, may expand the scope of work to include additional requirements. The County reserves the right to investigate as it deems necessary to determine the ability of Consultant to perform the work or services requested. Information the County deems necessary in order to make a determination shall be provided by Consultant upon request. 3.7. Consultant shall perform any services described in a Work Assignment issued to Consultant by the County. 3 Public Resources Management Group, Inc. Contract No. 2016000052 Water, Sewer, Reclaimed Water and Miscellaneous Fees—Rate Study 3.8. Consultant agrees to meet with County at reasonable times and with reasonable notice. 3.9. Consultant agrees to perform such duties and responsibilities, and accepts such authority, as set forth in a Work Assignment issued by the County to Consultant and further agrees to perform any services in the time allowed for performance in a Work Assignment issued by the County to Consultant. ARTICLE 4. COMPENSATION AND PAYMENT OF CONSULTANT'S SERVICES 4.1. The amount and basis of compensation, whether it be lump sum, not-to- exceed, or some other basis, for Consultant's services on any specific project shall be determined during negotiations for that specific project, as provided in RFP No. 2016000052 and any subsequent addenda. The amount and basis of compensation shall be contained in the Work Assignment and calculated based upon the rate schedule attached hereto as Exhibit B. 4.2. Payment for services rendered by Consultant shall be made on a monthly basis in proportion to the percentage completed of those tasks listed any given Work Assignment. Percentage of services completed shall be subject to review and approval by the County Director of Budget and Administrative Services or his or her designee. 4.3. Consultant shall submit all billings for payment of services rendered on a monthly basis to the County Purchasing Division. Billings shall be detailed as to the nature of the services performed and shall refer to the specific tasks listed in the Scope of Services that were actually performed by Consultant. Billings shall include a summary of any amounts previously billed and any credits for amounts previously paid. 4.4. Consultant acknowledges that each billing must be reviewed and approved by the County Director of Budget and Administrative Services or his or her designee. Should the County Director of Budget and Administrative Services or his or her designee, determine that the billing is not commensurate with services performed, work accomplished or hours expended, Consultant shall adjust billing accordingly. However, Consultant shall be entitled to payment of any portion of a billing not in dispute. 4.5. Payment for services rendered by Consultant on a lump sum basis shall be made on a monthly basis in proportion to the percentage of services completed. Percentage of services completed shall be subject to review and approval of County. 4.6. Payment for services rendered by Consultant on a not-to-exceed basis shall be made monthly based on actual hours spent, multiplied by appropriate hourly rates. Hours of service performed shall be subject to review and approval of County. 4.7. County shall pay Consultant's monthly billings in accordance with Sections 218.70 through 218.80 Florida Statutes, the Local Government Prompt Payment Act. 4 Public Resources Management Group, Inc. Contract No. 2016000052 Water, Sewer, Reclaimed Water and Miscellaneous Fees—Rate Study ARTICLE 5. CONSULTANT'S RESPONSIBILITIES 5.1. Consultant shall perform or furnish consulting and related services to a level of technical skill, ability, and diligence customarily provided by an experienced professional in his or her field of expertise when rendering the same services, and in accordance with sound principles and practices generally acknowledged by professionals in his or her field of expertise, as represented to the County, both orally and in writing, to be possessed by Consultant, all in accordance with the standards contained elsewhere in this Agreement and in accordance with generally accepted standards of professional consulting practice and with the laws, statutes, ordinances, codes, rules and regulations governing Consultant's profession. The same standards of care shall be required of any subconsultant or subcontractor engaged by Consultant. 5.2. Consultant shall, without additional compensation, correct and revise any errors, omissions, or other deficiencies in its work product, services, or materials arising from the negligent act, error or omission of Consultant or any subconsultant or subcontractor engaged by Consultant for one year after the completion of Consultant's services under this Agreement. The foregoing shall be construed as an independent duty to correct rather than a waiver of County's rights under any applicable statute of limitations. County review of, approval of, acceptance of, or payment for any of Consultant's work product, services, or materials shall not be construed to operate as a waiver of any of County's rights under this Agreement, or cause of action County may have arising out of the performance of this Agreement. ARTICLE 6. OWNERSHIP AND USE OF DOCUMENTS 6.1. All documents, data, studies, surveys, analyses, sketches, tracings, specifications, plans, designs, design calculations, details, computations, drawings, maps, models, photographs, reports, and other documents, deliverables and plans resulting from Consultant's services under this Agreement shall become the property of and shall be delivered to County and will be without exception available for duplication, dissemination and use by the County as needed without restriction or limitation as to use or liability=ty for copyright royalties or usage fees, regardless of the format of the document (paper or electronic). However, any use subsequent to or other than for the specific project for which such items were created, shall be at sole risk of County. 6.2. Consultant agrees that any software, computer systems and databases used for providing the documents necessary to this Agreement shall be compatible with existing County software and systems. It is anticipated that the software utilized will be run on windows based PC's and will consist of AutoCAD release 2010, ICPR, Microsoft Word 2010, Microsoft Excel 2010, Microsoft Project 2010, Microsoft PowerPoint 2010, and Adobe Reader 10. 5 Public Resources Management Group, Inc. Contract No. 2016000052 Water, Sewer, Reclaimed Water and Miscellaneous Fees—Rate Study ARTICLE 7. COUNTY'S RESPONSIBILITIES 7.1. County shall perform the responsibilities contained in this Article 6 in a timely manner so as not to delay the services of Consultant. 7.2. County shall furnish to Consultant, upon request of Consultant and at County expense, all existing studies, reports and other available data pertinent to the services to be performed under this Agreement which are within the County's possession. However, Consultant shall be required to evaluate all materials furnished hereunder using reasonable professional judgment before relying on such materials. 7.3. County shall provide reasonable access and entry to all public property required by Consultant to perform the services described in this Agreement. All such access and entry shall be provided at County expense. County shall also use reasonable efforts to obtain permission for reasonable access and entry to any private property required by Consultant to perform the services described in this Agreement. ARTICLE 8. TERM ! TERMINATION 8.1. The term of this Agreement shall be for the period commencing on the date this Agreement is executed by both parties, and up to and including September 30, 2020, with an option to renew for two (2) additional one- (1) year terms, at the same terms and conditions, with the mutual consent of the parties. 8.2. This Agreement, or any specific project authorized under this Agreement, may be terminated by County, with or without cause, by written notice to Consultant of the intent to terminate. Such termination shall be effective fourteen (14) days after receipt by Consultant of such written notice of intent to terminate. However, no termination for cause will be effective unless Consultant is first given ten (10) calendar days after receipt of notice of intent to terminate in which to cure the cause for termination. 8.3. In the event that the Consultant has abandoned performance under this Agreement, then the County may terminate this Agreement upon three (3) calendar day's written notice to the Consultant indicating its intention to terminate. The written notice shall state the evidence indicating the Consultant's abandonment. Payment for services performed prior to the Consultant's abandonment shall be as stated Section 3 above. 8.4. In the event of termination, Consultant shall be entitled to compensation for services rendered and costs incurred through the effective date of termination. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports, prepared by Consultant shall become the property of County and shall be delivered by Consultant to County immediately upon the effective date of termination. 6 Public Resources Management Group, lnc. Contract No. 2016000052 Water, Sewer, Reclaimed Water and Miscellaneous Fees—Rate Study ARTICLE 9. NOTICES 9.1. Any notice required or permitted to be sent hereunder shall be sent certified mail, return receipt requested to the parties at the addresses listed below: CONSULTANT: COUNTY: Public Resources Management Group, Inc. Purchasing Division Name: Henry L. Thomas Name: Kim Corbett, Sr. Div. Manager Address: 341 N. Maitland Ave., Ste. 300 Address: 18500 Murdock Circle, Ste. 344 Maitland, FL 32751 Port Charlotte, FL 33948 ARTICLE 10. NO CONTINGENT FEES 10.1. Consultant certifies that it 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 it 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 other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, County shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. ARTICLE 11. TRUTH-IN-NEGOTIATION CERTIFICATE 11.1. In accordance with Section 287.055 Florida Statutes and Charlotte County Resolution 2003-059, signature of this Agreement by Consultant shall act as the execution of a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which County determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE 12. ASSIGNMENT 12.1. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances by Consultant without the prior written consent of County. Further, no portion of this Agreement may be performed by 7 Public Resources Management Group, Inc. Contract No. 2016000052 Water, Sewer, Reclaimed Water and Miscellaneous Fees—Rate Study subcontractors or subconsultants without written notice to and approval of such action by County. ARTICLE 13. EXTENT OF AGREEMENT I SEVERABILITY/ MODIFICATION 13.1. This Agreement represents the entire and integrated agreement between the County and Consultant and supersedes all prior negotiations, representations or agreement, either written or oral. 13.2. In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any breach of any provision, term, condition or covenant shall not be construed by the other party as a waiver of any subsequent breach. 13.3. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed by both parties. 13.4. This is a nonexclusive contract. The County has the right to enter into contracts with other consultants for providing professional services. ARTICLE 14. GOVERNING LAW/VENUE 14.1. This Agreement shall be governed and construed in accordance with Florida law. In the event any litigation arises between the parties in connection with this Agreement, venue for such litigation shall lie exclusively in Charlotte County, Florida. ARTICLE 15. INDEPENDENT CONTRACTOR STATUS 15.1. Consultant is an independent contractor and is not an employee, servant, agent, partner or joint venturer of the County. Neither the County nor any of its employees shall have any control over the conduct of Consultant or any of Consultant's employees, except as herein set forth, and Consultant expressly warrants not to represent at any time or in any manner that Consultant or any of Consultant's agents, servants or employees are in any manner agents, servants or employees of the County. It is understood and agreed that Consultant is, and shall at all times remain as to the County, a wholly independent contractor and that Consultant's obligations to the County are solely as prescribed by this Agreement. 8 Public Resources Management Group, Inc. Contract No. 2016000052 Water, Sewer, Reclaimed Water and Miscellaneous Fees—Rate Study ARTICLE 16. AUDIT REQUIREMENTS 16.1. Consultant shall maintain books, records, documents, and other evidence directly pertaining to or connected with the services under this Agreement which shall be available and accessible at Consultant's offices for the purpose of inspection, audit, and copying during normal business hours by the County, or any of its authorized representatives. Such records shall be retained for a minimum of five (5) years after completion of the services. If any litigation, claim or audit is commenced prior to the expiration of the five (5) year period, the records shall be maintained until all litigation, claims or audit findings involving the records have been resolved. 16.2 Consultant shall require all subcontractors to comply with the provisions of this paragraph by insertion of the requirements hereof in a written contract agreement between Consultant and the subcontractor. ARTICLE 17. INDEMNIFICATION 17.1. For ten dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Consultant shall indemnify and hold harmless County, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Consultant and other persons employed or utilized by Consultant in the performance of services under this Agreement. ARTICLE 18. PUBLIC RECORDS 18.1. Pursuant to Section 119.0701 of the Florida Statutes, Contractors performing government functions on behalf of the County must: a) keep and maintain public records associated with the contracted project; b) provide the public with access to public records pursuant to the terms of Chapter 119 of the Florida Statutes; c) ensure that public records that are exempt or confidential from public records disclosure requirements are not disclosed except as authorized by law; and d) meet all requirements for retaining public records, transfer at no cost to the County all public records in their possession upon termination of the contract, and destroy any duplicate public records that are confidential and exempt. ARTICLE 19. EMPLOYEE RESTRICTIONS 19.1. Charlotte County will not intentionally award publicly-funded contracts to any Consultant who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) 9 Public Resources Management Group, Inc. Contract No. 2016000052 Water, Sewer, Reclaimed Water and Miscellaneous Fees—Rate Study of the Immigration and Nationality Act ("INA")]. The County shall consider employment by any Consultant or subconsultant or subcontractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Contractor of the employment provisions contained in Section 274A(e) of the INA shall be grounds for termination of this Agreement by the County. 19.2. If the Contractor or an employee has been convicted of any offenses requiring registration as a sexual offender or sexual predator, regardless of the location of conviction, the Contractor shall ensure that the offender's or predator's work on the project is consistent with the terms of his probation and registry requirements. 19.3. The Consultant shall incorporate the terms of paragraphs 19.1 an 19.2 into all contracts with any subconsultants or subcontractors. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 10 Public Resources Management Group, Inc. Contract No. 2016000052 Water, Sewer, Reclaimed Water and Miscellaneous Fees—Rate Study IN WITNESS WHEREOF, the parties hereto have caused the execution of these premises as of the date and year first above written. PUBLIC RESOURCES MANAGEMENT GROUP, INC. WITNESSES j/�1 rte' Signed By: Y► •lam_ Signed by: °V,/t •j -et,,r� Print Name: we,- . •ktem- �� - Print Name: /9 i'�/ L . aD.tfizi Date: M ?) 2a 1 (/ Title: 1!/1 tr' "dic ,r Date: Afrie c.)20/rP Signed By: Print Name: r-,-}1.,;G V c .trertir'N Date: (•-*cx. 15. 20 q.p eas ,,.,....,,'r ATTEST: BOARD OF CO 'i"Y C• Mf I©NERS Barbara T. Scott, Clerk of Circuit OF CHA LO A OU ' FLO) O Court and Ex-officio Clerk to the : + Board of County Commissioners By: a4t, ( a /,1.5 illiam G. , Cf m �•4y By7 1 �ICkat Di C (L1'to Date: gad_ P jO 011410.01 • Deputy Clerk APPROVED AS TO FORM AND L GAL SUFFICIENCY By, =£ • ..r..(L`J!'' Janette S. •: ton, County Attorney LR 16-15 Exhibit List: Exhibit A—Work Assignment—Sample form Exhibit B—Rates Schedule P:\WPDATAITETREAULT\Contracts\Contract No,2016000052 Water Serer Reclaimed Water and Miscellaneous Fees Rate Study.doc 11 WORK ASSIGNMENT CHARLOTTE COUNTY PURCHASING DIVISION CONTRACT NO. 2016000052 WATER, SEWER, RECLAIMED WATER AND MISCELLANEOUS FEES-RATE STUDY **THIS WORK ASSIGNMENT** 1. Work Assignment# 2. Short Title 3. Date Submitted 4. Amount ; }� 5. Scheduled Completion iili` � iij:'' r i�,i,t,g ;t , . I' In presenting this Work Assignment, Consultant agrees that: ` i'';j[jl; '� }1i III , � Unless detailed herein, all drawings, data, electronic files a�n�& o> er 1n atiorlhr sired for this Work Assignment has been accepted by Consultant. Specifically, all electronic files have n revs i d and a ted the purposes of this Work Assignment. Unless specified herein, additional information Jot be 'red. � r iJill SUBMITTED AND AGREED TO BY: 'tl ',i ;i, ll ' a ;;ti BY: ti ,'iii II , E},�;}li Name oi;Consultent I Firnj'(Type/Print) W ,i: . Signature `}1 ! '' !Ii ('='!ili;. DATE. 4'',i, lt }' li `iii,. • :i ii'""+ iii t,, t t'i tii',f ft !g l! viii' RECOMMEND 'AND APPROVEDBY:•,}'' ( , ii,i FISCAL REVIEWEb Blij `i, l '! .`':1:, ;II I, 1111x CHARLOTTE COUNTY(DEPARTMITID ISION): idhl CHARLOTTE COUNTY PURc aASING: CHARLOTTE COUNTY ADMINISTRATION: APPROVED by the COUNTY Administrative Agent,the day of ,20_. ;z. — EXHIBIT A SCHEDULE OF DIRECT LABOR HOURLY RATES AND STANDARD COST RATES DIRECT LABOR HOURLY RATES Direct Labor Project Team Title Hourly Rates Public Resources Management Group, Inc. (PRMG) Principal $185.00 Associate $150.00 Managing Consultant $135.00 Supervising Consultant $120.00 Senior Consultant $115.00 Rate Consultant $105.00 Consultant $ 95.00 Senior Rate Analyst $ 85.00 Rate Analyst $ 75.00 Analyst $ 65.00 Assistant Analyst $ 55.00 Administrative $ 55.00 SCHEDULE OF STANDARD COST RATES The following is a summary of the standard cost rates for PRMG and our subconsultants that will be relied upon for the billing of other direct costs associated with providing professional services to the County: STANDARD COST RATES Expense Description Standard Rates—PRMG Standard Rates—HDR Reproduction(Black and White)(In-house) $0.05 per Page $0.06 per Page Reproduction(Color)(In-house) $0.25 per Page $0.32 per Page Reproduction(Contracted) Actual Cost Actual Cost Computer Time $0.00 per Hour $3.70 per Hour Telephone Charges Actual Cost Actual Cost Delivery Charges Actual Cost Actual Cost Subconsultant Services Actual Cost Plus 5.0% Actual Cost Plus 5.0% Other Costs for Services Rendered Actual Cost Actual Cost B-1 -- EXHIBIT B I ` Charlotte County Purchasing Division r' �" `, 18500 Murdock Circle, Suite 344 _ t' — Port Charlotte, Florida 33948-1094 ._AN ' kk„ ,r Phone 941 .743.1378 Fax 941 .743.1384 ‘1*-\k--•/. ' '''.-"i 0-, • NOTICE OF AVAILABILITY REQUEST FOR PROPOSALS CHARLOTTE COUNTY, FLORIDA The County of Charlotte will be receiving sealed proposals at the Purchasing Division, Suite 344, Charlotte County Administration Center, 18500 Murdock Circle, Port Charlotte, FL 33948-1094, for: RFP NO. 2016000052 WATER, SEWER, RECLAIMED WATER AND MISCELLANEOUS FEES - RATE STUDY Charlotte County is seeking professional services to provide financial management consulting and utility rate-making services for the Utilities Department.The Firm is to provide current and future financial feasibility reports(5-year plan), revenue and/or expenditure analysis, and impact studies. PRE-SUBMITTAL CONFERENCE: 11:00 a.m. (EST) NOVEMBER 17, 2015 PURCHASING DIVISION CONFERENCE ROOM PROPOSAL DUE DATE: 5:00 p.m. (EST), DECEMBER 2, 2015 PURCHASING DIVISION CONFERENCE ROOM Proposal Documents may be obtained by accessing the Charlotte County Purchasing Division's website at www.charlottecountyfl.com/purchasinq under"Purchasing Bids Online", document number 160522. Any questions can be answered by contacting Cheryl Mastin, CPPB, Senior Contract Specialist at 941.743.1526, or email: cheryl.mastin(a�charlottecountyfl.gov. Notice of Availability www.charlottecountyfl.com Posted: November 9, 2015 1 RFP No.2016000052 t 1._...„. I iff Charlotte County Purchasing Division � _ 18500 Murdock Circle, Suite 344 Port Charlotte, Florida 33948-1094 k., Phone 941 .743.1378 % ' -'-0) Fax 941 .743.1384 ADDENDA NOTIFICATION FORM RFP NO. 2016000052 WATER, SEWER, RECLAIMED WATER AND MISCELLANEOUS FEES -RATE STUDY The County will attempt to notify all prospective firms of addenda issued to the proposal documents. However, it shall be the responsibility of the firm,prior to submitting their proposal,to contact the Purchasing Division to determine if addenda were issued, acknowledging and incorporating it into their submittal. If you would like to request notification of any addenda that may be issued regarding this project, please complete the form below and return via fax to 941.743.1384, attention Cheryl Mastin, CPPB, Senior Contract Specialist or email to chervl.mastin a( charlottecountvfl.gov. By completing and returning this form,you are requesting notification of addenda that may be issued regarding this specific project only. COMPANY NAME: CONTACT PERSON: PHONE NUMBER: FAX NUMBER: E-MAIL ADDRESS: 2 RFP No.2016000052 ■ Charlotte County Purchasing Division 18500 Murdock Circle, Suite 344 — Port Charlotte, Florida 33948-1094 • i r Phone 941 .743.1378 Fax 941 .743.1384 STATEMENT OF NO SUBMITTAL If you do not intend to submit on this commodity/service, please return this form to the above address immediately. If this statement is not completed and returned, your company may be deleted from the Charlotte County Vendors' list for this commodity/service. We, the undersigned, have declined to submit on requested commodity/service RFP #2016000052, WATER, SEWER, RECLAIMED WATER AND MISCELLANEOUS FEES -RATE STUDY,for the following reason(s): Specifications too"tight", i.e. geared toward one brand or manufacturer only (explain below). Insufficient time to respond to the Request for Proposal. We do not offer this product or service. Our schedule would not permit us to perform. Unable to meet bond/insurance requirements. Unable to meet specifications. Specifications are unclear(explain below). Remove us from your vendors' list for this commodity/service. Other(specify below). Remarks: Company Name: Contact Person (typed or printed): Contact Person Signature: Phone: Fax: E-Mail Address: Note: Statement of No Submittal may be emailed to cheryl.mastin(a�charlottecountyfl.gov or faxed in to the Purchasing Division at 941.743.1384. 3 RFP No.2016000052 TABLE OF CONTENTS WATER, SEWER, RECLAIMED WATER AND MISCELLANEOUS FEES RATE STUDY RFP NO. 2016000052 Notice of Availability 1 Addenda Notification Form 2 "No Submittal" Response Page 3 Table of Contents 4 PART I -GENERAL INSTRUCTIONS 5 -9 PART II -SCOPE OF SERVICES 10 - 11 PART III - PROPOSAL FORMAT & CRITERIA FOR AWARD 12 - 15 PART IV- SUBMITTAL FORMS 16 -22 ATTACHMENT Sample of Work Assignment (1 page) 4 RFP No.2016000052 REQUEST FOR PROPOSAL WATER, SEWER, RECLAIMED WATER AND MISCELLANEOUS FEES -RATE STUDY RFP 2016000052 PART I -INSTRUCTIONS RP-01 INTENT: A. It is the intent of the County to select a firm who clearly demonstrates the highest level of ability and proven reliability to perform the professional services specified in the Scope of Services. Brief summaries applicable to the required work should be included with the proposal. B. Time and Date Due-Charlotte County will accept proposals from individuals,corporations, partnerships,and other legal entities authorized to conduct business in the State of Florida until 5:00 p.m. December 2, 2015. C. In order to insure that all prospective proposers have sufficient information and understanding of the County's needs, a Pre-submittal Conference will be held November 17,2015 @ 11:00 a.m.,Administration Complex,18500 Murdock Circle, Purchasing Division Conference Room#344, Port Charlotte, Florida. RP-02 CONTRACT AWARDS: The County anticipates entering into a contract with one(1)firm who submits the proposal judged to be most advantageous to the County. The selected firm shall be required to sign a formal agreement in the standard form currently used by Charlotte County for professional services. The proposer understands that this RFP does not constitute an agreement or a contract with the proposer. A proposal is not binding until proposals are reviewed and accepted by the Board of County Commissioners and a contract is executed by both parties. RP-03 DEVELOPMENT COSTS: The County shall not be liable for any expense incurred in connection with preparation of a response to this Request for Proposal (RFP). Proposers should prepare a straightforward and concise description of the proposers'ability to meet the requirements of the RFP. RP-04 INQUIRIES: The County will not respond to oral inquiries. Proposers may submit written, emailed or faxed inquiries regarding this RFP to Purchasing, 18500 Murdock Circle,Suite 344,Port Charlotte, Florida 33948; Fax No.941.743.1384,or they may be addressed at the pre-submittal conference. The County will respond to written,emailed or faxed inquiries received at least five (5)working days prior to the RFP due date. The County will record its responses to inquiries and any supplemental instructions in the form of written addenda and will send written addenda to all proposers who received the RFP. It shall be the responsibility of the proposer, prior to submitting their proposals,to contact Purchasing to determine if addenda were issued,acknowledging and incorporating them into their proposal. RP-05 PROPOSAL SUBMISSION AND WITHDRAWAL: The County will receive proposals at the following address: Senior Division Manager- Purchasing Charlotte County Administration Complex 18500 Murdock Circle, Suite 344 Port Charlotte, Florida 33948-1094 Proposals received after the established deadline will not be opened. Proposers may withdraw their proposal by notifying the County in writing at any time prior to the due date. Proposals not so withdrawn shall, upon opening,constitute an irrevocable offer for a period of 120 days to provide Charlotte County the services set forth in these specifications until one of the proposals has been accepted by the Board of County Commissioners. Upon opening,proposals become"public records"and shall be subject to public disclosure in accordance with Chapter 119, Florida Statutes. RP-06 PROPOSAL RESTRICTIONS: A. In order to control the cost of preparation, submittals should be limited to a maximum of 50 pages,one-sided, excluding cover letter, index, dividers, resumes, and the required forms. B. In accordance with Ordinance #96-002, the manufacture, use, display or other employment of any facsimile or reproduction of the Charlotte County Seal,without the express, prior,written approval of the Board of County Commissioners of Charlotte County, Florida, is hereby declared to be unlawful and punishable as a Second Degree Misdemeanor as provided in 5 RFP No.2016000052 Section 165.043, Florida Statutes. RP-07 DRUG FREE WORKPLACE:Charlotte County is a Drug Free Workplace. It is strongly suggested that the attached Drug Free Workplace Form be signed and returned to this office with the proposal. RP-08 PUBLIC ENTITY CRIMES STATEMENT: In accordance with Florida Statutes Sec. 287.133(2)(a), "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 on a contract to provide any goods/services to a public entity, may not submit a bid on a contract with a public entity for construction or repair of a public building or public work, may not submit bids 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 Section 287.017,for Category Two,for a period of 36 months from the date of being placed on the convicted vendor list". RP-09 CANCELLATION/TERMINATION: The County shall have the right to unilaterally cancel, terminate or suspend this Contract, in whole or in part, by providing the successful proposer thirty(30) days written notice by certified mail. It is expressly understood by the County and the Contractor that funding for any successive fiscal years is contingent upon appropriation of monies by the Board of County Commissioners. In the event that funds are not available or not appropriated,the County reserves the right to terminate the Contract and/or individual leases. The County will be responsible for any outstanding invoices prior to the termination. RP-10 RESERVED RIGHTS: The County reserves the right to accept or reject any and/or all proposals, to waive irregularities and technicalities,and to request resubmission. Any sole response received the first submission date may or may not be rejected by the County, depending on available competition and timely needs of the County. The County shall be the sole judge of the proposal and the resulting agreement that is in its best interest, and its decision shall be final. The County reserves the right to accept or reject any or any part of the submissions, if it is deemed in the best interest of the County.The County,in its sole discretion,may expand the scope of work to include additional requirements. The County reserves the right to investigate as it deems necessary to determine the ability of any firm to perform the work or services requested. The firms, upon request shall provide information the County deems necessary in order to make a determination. RP-11 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE:Charlotte County, Florida, in accordance with the provisions of Title VII of The Civil Rights Act of 1964 (78 Stat. 252)and the Regulations of the Department of Commerce(15 CFR, Part 8) issued pursuant to such Act,hereby notifies all firms it will affirmatively ensure in any contract entered into pursuant to this advertisement, women-owned and minority business enterprises (collectively MBEs) will be afforded full opportunity to submit proposals in response to this advertisement and will not be discriminated against on the grounds of gender, race, color or national origin in consideration for an award. The County will consider the firm's status as an MBE or a certified MBE, and also the status of any sub-contractors or sub-consultants proposed to be utilized by the firm, within the evaluation process. Interested MBEs and certified MBEs are encouraged to respond. All firms are hereby notified that the successful firms must and shall comply with the Civil Rights Act of 1964, the Age Discrimination in Employment Act,the Rehabilitation Act of 1973,the Americans with Disabilities Act and the Florida Civil Rights Act, all as amended. Specifically, firms agree that: No person shall, on the grounds of race, color, sex, religion, age, disability, national origin or marital status, be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under any program,activity or service funded through this Contract. • Contractor will not discriminate against any employee or applicant for employment because of race,color,religion, sex,age,disability, national origin or marital status. Contractor agrees to post in a conspicuous place,available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. • Contractor will, in all solicitations or advertisements regarding program activities,services provided or applications for employment, state that all qualified applicants will receive consideration for services or employment without regard to race, color, religion, sex, age, disability, national origin or marital status. • County may require Contractor to submit reports as may be necessary to indicate non-discrimination. County officials will be permitted access to Contractor's books, records,accounts and other sources of information and its facilities as may be pertinent to ascertain compliance with non-discrimination laws. It is expressly understood that County shall have the right to terminate this Contract upon receipt of evidence of discrimination. RP-12 PAYMENT: Request for payment must be submitted to Charlotte County Purchasing on a form approved by the County in accordance with contract documents. Price shall be net and all invoices payable according to the Local Government Prompt 6 RFP No.2016000052 Payment Act(F.S.218.74). RP-13 PERFORMANCE EVALUATION: At the end of the Contract, the receiving department will evaluate the successful proposers' performance. This evaluation will become public record. RP-14 INSURANCE REQUIREMENTS: Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees, or subcontractors. Contractor is free to purchase such additional insurance as may be determined necessary. A. MINIMUM SCOPE AND LIMITS OF INSURANCE -Contractor shall provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a"following form" basis. 1. Commercial General Liability—Occurrence Form (CG 00 01) Policy shall include bodily injury, property damage, broad form contractual liability and Explosion, Collapse and Underground (XCU)coverage. • General Aggregate $2,000,000 • Each Occurrence $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "Charlotte County a political subdivision of the state of Florida and it officers, employees, agents and volunteers" shall be named as an additional insured with respect to liability arising out of the activities performed by,or on behalf of the Contractor. b. Contractor's subcontractors shall be subject to the same minimum requirements identified above. c. Policy shall be endorsed for a waiver of subrogation against the Charlotte County. 2. Automobile Liability Bodily injury and property damage for any owned, hired, and non-owned vehicles used in the performance of this Contract. Automobile liability must be written on a standard ISO form (CA 00 01) covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned (Code 9)autos. Combined Single Limit(CSL) $1,000,000 a. The policy shall be endorsed to include the following additional insured language: "Charlotte County a political subdivision of the state of Florida and it officers,employees,agents and volunteers"shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including automobiles owned, leased, hired or borrowed by the Contractor". b. Contractor's sub-contractors shall be subject to the same minimum requirements identified in this section. c. Policy shall contain a waiver of subrogation against the Charlotte County. 3. Worker's Compensation and Employers' Liability Workers'Compensation Statutory Employers' Liability Each Accident, bodily injury or disease $1,000,000 a. Policy shall contain a waiver of subrogation against the Charlotte County. b. Contractor's sub-contractors shall be subject to the same minimum requirements identified in this section. c. If the contractor has no employees the contractor must submit to the County the Workers Compensation Exemption from the State of Florida. 4. Professional Liability(Errors and Omissions Liability)for Prime Contractors a. Estimated Projection Construction Cost up to$9,999,999 Each Claim $1,000,000 Annual Aggregate $2,000,000 b. Estimated Projection Construction Cost from$10,0000,000 to$19,999,999 Each Claim $2,000,000 7 RFP No.2016000052 Annual Aggregate $2,000,000 c. Estimated Projection Construction Cost from$20,0000,000 to$40,000,000 Each Claim $3,000,000 Annual Aggregate $3,000,000 d. In the event that any professional liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of five(5)years beginning at the time work under this Contract is completed. e. Policy shall contain a waiver of subrogation against Charlotte County. 5. Professional Liability (Errors and Omissions Liability)for Subcontractors In addition to the insurance requirements for the Contractor, the contractor's registered sub-contractors (including structural, civil, mechanical, plumbing, electrical engineering, landscape architecture, survey, geotechnical and materials testing) are required to carry Professional Liability insurance at the same levels and conditions as the Contractor. Additional Insured—All policies, except for the Workers Compensation and Professional Liability shall contain endorsements naming the County its officers,employees,agents and volunteers as additional insured with respect to liabilities arising out of the performance of services contained herein. The additional insured endorsements' shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to full extent provided by the policy,even if those limits exceed those required by this contract. Such additional insured coverage shall be at least as broad as Additional Insured(Form B) endorsement form ISO, CG 20 10 11 85 or both CG 20 10 and CG 23 37 if later revisions used. Waiver of Subrogation Rights—The Contractor shall require the carriers of required coverage's to waive all rights of subrogation against the County, its officers, employees, agents and volunteers. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor's employees or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County. Policies Primary and Non-Contributory—For any claims related to this contract,the Contractor's insurance coverage shall be primary insurance as respects the County, its officers, employees, agents and volunteers. Any insurance or self-insurance maintained by the County, its officers,employees,agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Severability of Interests— The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy. Proof of Coverage -Prior to the commencement of performance of services the Contractor shall furnish to the County Purchasing Division Certificates of Insurance and amendatory endorsements or copies of the applicable policy language effecting coverage required. These certificates shall provide that such insurance shall not be terminated or expire without notice thereof in accordance with the policy provisions and Contractor shall maintain such insurance from the time the Contractor commences performance of services until completion of such services. Within seven(7)calendar days of notice of award,the Contractor shall furnish a copy of the Declaration page and required endorsements for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request. Acceptability of insurance carrier—Unless otherwise approved by Risk Management, Insurance shall be written by insurers authorized to do business in the State of Florida and with a minimum Best Insurance Guide rating of"A:VII". Deductibles and Self-Insured Retention —Any and all deductibles or self-insured retentions in excess of$10,000 shall be declared to and approved by Risk Management. The County may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the deductible or retention. Failure to Procure Coverage—In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured or is cancelled and not replaced,the County has the right but not the obligation or duty to terminate the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance. 8 RFP No.2016000052 Insurance Review— Insurance requirements are subject to periodic review by the County. The Risk Manager or designee is authorized, but not required,to reduce,waive, or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced or is not needed to protect the interests of the County. In addition, if Risk Management determines that heretofore, unreasonably or unavailable types of insurance coverage or coverage limits become reasonably priced or available,the Risk Manager or designee is authorized, but not required,to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits,provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk. Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty(30) days of receipt. Any failure,actual,or alleged,on part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the par to the County. RP-15 UNAUTHORIZED ALIEN WORKERS: Charlotte County will not intentionally award publicly-funded contracts to any Contractor who knowingly employs unauthorized alien workers,constituting a violation of the employment provisions contained in 8 U.S.C.Section 1324a(e)[Section 274A(e)of the Immigration and Nationality Act("INA")].The County shall consider employment by any Contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Contractor of the employment provisions contained in Section 274A(e)of the INA shall be grounds for termination of this Agreement by the County. RP-16 EMPLOYEE BACKGROUND CHECK: If an owner,except a stockholder in a publicly traded corporation,or an employee of the Contractor has been convicted of any offenses requiring registration as a sexual offender or sexual predator, regardless of the location of conviction, the Contractor shall ensure that the offender's or predator's work on the project is consistent with the terms of his probation and registry requirements. RP-17 CONTRACTS PUBLIC RECORDS: Pursuant to Section 119.0701 of the Florida Statutes, Contractors performing government functions on behalf of the County must: a) keep and maintain public records associated with the contracted project; b) provide the public with access to public records pursuant to the terms of Chapter 119 of the Florida Statutes; c) ensure that public records that are exempt or confidential from public records disclosure requirements are not disclosed except as authorized by law; and d) meet all requirements for retaining public records, transfer at no cost to the County all public records in their possession upon termination of the contract, and destroy any duplicate public records that are confidential and exempt. END OF PART I 9 RFP No.2016000052 PART I I SCOPE OF SERVICES RP-18 SCOPE OF SERVICES: Charlotte County is seeking an experienced Financial Management Consultant to furnish professional financial management consulting and utility rate-making services for the Utilities Department. The Firm is to provide current and future financial feasibility reports(5-year and 20 year plans), revenue and/or expenditure analysis,and multi-scenario impact studies. The selected Firm is required to have utilities rate study and financial management experience within the State of Florida. The Financial Management Consultant shall have an office of professional and technical personnel qualified to prepare,assemble, and present reports to the County.These reports will include such items as the preliminary analysis and progress reports in order that the final recommendation may be promptly pursued. The successful Financial Management Consultant shall provide the County assistance and professional review of current and future projects to assure service providers are providing the County a professional level of service,and are using sound financial management principles and practices. The successful Financial Management Consultant will be required to present their analysis at the Board of County Commission meetings and/or workshops. The successful Financial Management Consultant may not furnish advice, information, direction, or assistance to a direct water provider of Charlotte County Utilities. CURRENT& FUTURE FINANCIAL MANAGEMENT CONSULTANT SERVICES: • Water, Sewer Reclaimed Water and Miscellaneous Fees Utility Rate and Financial Feasibility Study • Water, Sewer and Reclaimed Water Connection Fee Study • Analysis of existing and proposed Water Supply Agreements, Interlocal Agreements and Amendments • Educational presentations of utility information to County personnel and Board of County Commissioners • Analysis of financial data related to the acquisition, expansion or disposal of any water/sewer/reclaimed water within the utility service area • Requests for updated analyses and/or additional financial or cost of service scenarios after substantial completion of the initial work • Information and analysis required relating to debt issuance, bond coverage, and service of senior debt • Provide comparisons of current and projected water and sewer costs (operational, capital improvement, bonded debt) against appropriate industry benchmarks • Analysis of impact to all rates based on future expansions of services • Assistance with State Revolving Fund(SRF),US Department of Agriculture(USDA)loan or grant funding applications and repayment options • Assistance with establishing, operating or realigning various Fund Accounts in order to streamline accounting with Renewal and Replacement (R&R) programs, Capitol Improvement Programs (CIP), and such. • The delivery of non-proprietary multi-scenario modeling software as a deliverable at a milestone to be determined during the negotiation of the contract. • Consultant will be expected to agree that deliverables under any contract resulting from the award of the Request for Proposal will be without exception available for duplication, dissemination, and use by the Charlotte County Utilities as needed without restrictions or liability for copyright royalties or usage fees. • General assistance with other methods of charging various fees and charges,evaluation of funding scenarios,and other related needs DEVELOPMENT AND DELIVERY OF WORK PRODUCT 1. Conduct a review of the existing water and sewer, and reclaimed water rates and status of the utility funds. 2. Meet or confer with staff as needed and attend at least one (1) work session meeting with the Board of County Commissioners to present interim status of the study and obtain their input. 3. Conduct analysis as required to address the scope of the work. 4. Preliminary Report: a. Prepare a preliminary study report with tentative rate structures. b. Submit seven (7) copies c. Present preliminary report and tentative rate structures to staff for comments. d. Present preliminary report and tentative rate structures at Board of County Commissioner's work session. 10 RFP No.2016000052 5. Final Report a. Incorporate changes pursuant to comments from the Board of County Commissioners and staff. b. Submit seven (7)copies, plus one(1) reproducible copy. c. Provide disk with report in MS Word format and spreadsheets in Excel format. d. Present final report and recommended rate structures to the Board of County Commissioners at their regular Commissioner's session. 6. Supply a time schedule for developing the preliminary and final reports. The final report should be delivered to the Board of County Commissioners no later than five(5) months after Notice to Proceed. RP-19 WORK AUTHORIZATION:Once negotiations are reached,projects with total compensation of less than$50,000 require approval by the Senior Division Manager- Purchasing. Projects with a value in excess of$50,000 but less than $100,000 will require approval by the County Administrator. Projects with a value in excess of$100,000 must have Charlotte County Board of Commissioners'approval. Upon acceptance of the negotiated agreement,the Work Assignment properly signed by the County will be returned to the Financial Management Consultant. This shall duly serve as the official Notice to Proceed. RP-20 PROJECT WORK ASSIGNMENTS: For each project, a scope of services, completion time and fee schedule will be negotiated between the County and the Financial Management Consultant. In general,the successful Consultant shall provide a detailed summary of each project,tasks to be performed,and a listing of all staff relevant to the project(including clerical)and their applicable hourly earnings. Tasks shall be inclusive of any and all applicable State, Federal and County regulations. Three (3) copies of the final scope of services,completion time and fee schedule will be prepared with the Typical Work Assignment cover sheet signed by the Financial Management Consultant attached to each copy. The Firm/ Financial Management Consultant will provide the County a monthly invoice including the status of the work order assignment that identifies the Firm's progress. RP-21 TERM OF CONTRACT: The anticipated effective date of this contract is date of award through and including September 30, 2020. The contract may be renewed for two(2)additional one(1)year terms, by mutual consent, at the same prices,terms and conditions. Should any active individual project agreement extend beyond the termination date of the base contract, said project agreement shall be extended until the project has been satisfactorily and successfully completed and accepted. END OF PART II 11 RFP No.2016000052 PART III PROPOSAL FORMAT& EVALUATION METHOD RP-22 RULES FOR PROPOSALS: A. The proposal must name all persons or entities interested in the proposals as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this REP. B. The following is an excerpt from Charlotte County Resolution#2011-221 and applies to this proposal: "Any questions regarding a project or submittal shall be directed to the designated person in the Purchasing Division for a response. From the time the notice of request for proposals is published until the contract is awarded, there shall not be any contact between a proposer,agent or other representative and any member of the selection committee,user department, Administration,or any member of the Board of County Commissioners regarding the project or proposal submitted by any proposer. Should any member of the selection committee initiate contact or fail to report any contact, such committee member may be subject to disciplinary action up to and including dismissal. If any proposer,agent or other representative contacts any committee member, user department, Administration or member of the Board of County Commissioners regarding a request for proposals or submitted proposal,the proposer is subject to sanctions up to and including being disqualified from bidding or responding to requests for proposals or letters of interest issued by the County for twelve months from the date of the opening". C. For your information, the members of the Professional Services Committee for this project are as follows: Natalie Hinger, Budget and Administrative Services-Financial Manager Joan Brown, Utilities- Business Services Manager Bruce Bullert, CCU Engineering Manager Richard Allen, Solid Waste Operations Manager RP-23 PROPOSAL FORMAT: Firms shall prepare their proposals using the format outlined in the Consultant Evaluation Form on pages 14 and15. RP-24 PROPOSAL REQUIREMENTS: In addition to the information required in the Consultant Evaluation Form, provide the following information: A. Team Organization, Management and General Qualifications-Multiple firm or joint venture teams should clearly identify the roles and responsibilities of the proposed participants. Team and project management structure should be documented. The principal within the prime firm responsible for the project and the proposed project manager should be identified and a statement presented that those persons would not be substituted without the express permission of the County. Teams should demonstrate experience in previous similar projects. B. Work Plan-Firms submitting should demonstrate their understanding of the project. An outline description of anticipated project tasks in sequence should be prepared. Firms should identify anticipated deliverables and a general schedule for a project of this magnitude. C. Individual Qualifications - Firms should submit the resumes of key people. Firms should specifically identify the lead designer on the project and his/her qualifications. Provide a statement indicating that the designer will not be substituted without the express permission of the County. D. Experience and References-Supply materials indicative of experience in other projects of similar complexity. A reference list for each firm is required, including name, project and telephone number. A reference list for the lead is required identifying name, project and telephone number. Proposals are to be typed on the firm's letterhead, specifically referring to the project and the scope of services, containing all required information. That information is to be submitted in one (1) original completely unbound form (clearly marked ORIGINAL on the front page), plus four(4) bound, signed identical copies, and one (1) electronic identical copy on a Flash/Travel Drive of the response to this project placed in a sealed package clearly marked on the outside"RFP NO. 2016000052,WATER, SEWER, RECLAIMED WATER AND MISCELLANEOUS FEES - RATE STUDY"and addressed to: Senior Division Manager-Purchasing Charlotte County Administration Complex 18500 Murdock Circle, Suite 344 Port Charlotte, Florida 33948-1 094 12 RFP No.2016000052 RP-25 EVALUATION METHOD AND CRITERIA: A. General-The County shall be the sole judge as to the merits of the proposal,and the resulting agreement. The County's decision will be final. Please note that proposals will be evaluated on content, not bulk. The County's evaluation criteria will include,but shall not be limited to,considerations listed on Proposal Requirements,pages 12 and 13. As mentioned in PROPOSAL FORMAT, the proposals should be prepared using the format outlined in the Consultant Evaluation Form on pages 14 and 15. B. Selection-The Professional Services Committee shall evaluate the proposals submitted. Telephone discussions will be held with all firms submitting and a short list of firms from proposals will be ranked in order. Final approval will be by the Board of County Commissioners who may request public presentation. RP-26 ANTICIPATED SCHEDULE: The projected schedule of events for this proposal is as follows: 11/09/15 County advertises for proposals 11/17/15 Pre-Submittal meeting 12/02/15 Proposal due date 12/10/15 Professional Services Committee short lists firms 13 RFP No.2016000052 EVALUATION FORM CONSULTANT EVALUATION FORM CHARLOTTE COUNTY, FLORIDA PROJECT DESCRIPTION DATE WATER, SEWER, RECLAIMED WATER AND MISCELLANEOUS REES RATE STUDY PROJECT LOCATION PROJECT NO: CHARLOTTE COUNTY FLORIDA 2016000052 Evaluation Criteria Value Assigned Weight Score Value I. TEAM PROPOSED FOR THIS PROJECT A. Background of the personnel 1. Project Manager 1 —5 X 10 2. Other Key Personnel 3. Consultants II. PROPOSED MANAGEMENT PLAN A. Team Organization 1. Quality Control &Assurance 1 —5 X 10 2. Analytical &Technical III. PREVIOUS EXPERIENCE OF TEAM PROPOSED FOR THIS PROJECT 1 —5 X 10 A. Describe projects IV. LOCATION/FACILITIES OF WORKING OFFICE(S) THAT WILL PROVIDE STAFF FOR THIS PROJECT A. Length of time"Local Office"established 15, 10, 5 or 0 Points = B. Location of"Local Office" 20, 15 or 0 Points = C. Residencies of personnel which live in Charlotte County 5, 3, 2 or 0 Points = D. Use of local sub-consultants ** See Affidavit for detail of criteria and point association. 10, 10 or 0 Points V. PROJECT CONTROL A. Schedule 1. What techniques are planned to assure that schedule will be met? 2. Who will be responsible to assure that schedule will be met? 1 —5 X 5 B. Cost 1. What control techniques are planned? 2. Demonstrate ability to meet project cost control. 3. Who will be responsible for cost control? C. Recent, current and projected workload VI. PRESENT PROPOSED DESIGN APPROACH FOR THIS PROJECT A. Describe proposed philosophy. B. What problems do you anticipate and how do you propose to 1 —5 X 10 solve them? C. Managing multiple task&projects. D. Describe innovative and valued added services. VII. PRESENT EXAMPLES OF RECENTLY ACCOMPLISHED SIMILAR PROJECTS A. Describe the projects to demonstrate. 1 —5 X 18 1. Schedule control. 2. Rate case studies 14 RFP No.2016000052 VIII. DESCRIBE YOUR EXPERIENCE AND CAPABILITIES IN THE FOLLOWING AREAS A. County Utility Ordinances, Resolutions and Codes 1 —5 X 25 B. Utility Third Party Rate Analysis C. Utility Operations D. Debt coverage expertise IX. VOLUME OF WORK—TOTAL OF PAYMENTS RECEIVED FROM COUNTY WITHIN THE 24 MONTHS* $0-$49,999 5 points $50,000-$99,999 4 points $100,000-$199,999 3 points 0-5 X 01 $200,000-$349,999 2 points $350,000-$499,999 1 points $500,000+ 0 points * Based upon information provided on Proposal Submittal Signature Form, Magnitude of Charlotte County Projects X. LITIGATION—HAVE YOU BEEN NAMED AS A DEFENDANT OR CO-DEFENDANT IN A LAWSUIT IN THE LAST FIVE YEARS 1 —5 X 01 If so, describe circumstances and outcome, including Case Number, Case Name and Court. XI. MINORITY BUSINESS Certified MBE, Sub-Consultants Certified MBE, and/or Non- Yes or No Certified MBE. REMARKS: The value assigned is judged on a scale of 1 through 5, with 5 being the highest possible value. The three exceptions are: IV. Location/Facilities of Working Office; IX.Volume of Work;and XI.Minority Business. Category IV.Location will be evaluated by total points as listed on the attached affidavit;Category IX.Volume of Work has a value of 0 through 5 as indicated;and Category XI.Minority Business The County will consider the firm's status as an MBE or a certified MBE, and also the status of any sub-contractors or sub-consultants proposed to be utilized by the firm,within the evaluation process. END OF PART III 15 RFP No.2016000052 PART IV-SUBMITTAL FORMS PROPOSAL SUBMITTAL SIGNATURE FORM 1. Project Team Years City of office City City of Name and Title experience individual will individual's individual's work out of for office is residence this project normally located 2. Magnitude of Company Operations A)Total professional services fees received within last 12 months: $ B) Number of similar projects started within last 12 months: C) Largest single project to date: $ 3. Magnitude of Charlotte County Projects A) Number of current or scheduled County Projects B) Payments received from the County over the past 24 months (based upon $ executed contracts with the County). 4. Sub-Consultant(s) %of Work (if applicable) Location to be Services to be Provided Provided 5. Disclosure of interest or involvement: List below all private sector clients with whom you have an active pending contract and who have an interest within the areas affected by this project. Also include any properties or interests held by your firm, or officers of your firm,within the areas affected by this project. Firm Address Phone# Contact Name Start Date Ending Date Project Name/Description NAME OF FIRM (This form must be completed and returned) 16 RFP No.2016000052 6. Minority Business: Yes No The County will consider the firm's status as an MBE or a certified MBE, and also the status of any sub-contractors or sub- consultants proposed to be utilized by the firm, within the evaluation process. Comments or Additional Information: The undersigned attests to his/her authority to submit this proposal and to bind the firm herein named to perform as per contract,if the firm is awarded the Contract by the County. The undersigned further certifies that he/she has read the Request for Proposal, Terms and Conditions, Insurance Requirements and any other documentation relating to this request and this proposal is submitted with full knowledge and understanding of the requirements and time constraints noted herein. By signing this form, the proposer hereby declares that this proposal is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. As Addenda are considered binding as if contained in the original specifications, it is critical that the Consultant acknowledge receipt of same. The submittal may be considered void if receipt of an addendum is not acknowledged. Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Type of Organization (please check one): INDIVIDUAL (_) PARTNERSHIP (� CORPORATION (J JOINT VENTURE (_) Firm Name Telephone Fax Fictitious or d/b/a Name Federal Employer Identification Number(FEIN) Home Office Address City, State, Zip Number of Years in Business Address: Office Servicing Charlotte County, other than above Name/Title of your Charlotte County Rep. Telephone Fax Name/Title of Individual Binding Firm (Please Print) Signature of Individual Binding Firm Date Email Address (This form must be completed&returned) 17 RFP No.2016000052 AFFIDAVIT Proposer affirms that information provided as it relates to Location & Facilities of Working Office is true and meets the definition and criteria as defined below: Local office means the company has a valid Business Tax License issued by Charlotte County,Sarasota County or DeSoto County for at least 6 months prior to the proposal submission to do business within Charlotte County,Sarasota County or DeSoto County that authorizes the business to provide the services,and a physical business address located within the limits of Charlotte County, Sarasota County or DeSoto County from which the company operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a company shall not be considered having a"Local Office"unless it contributes to the economic development and well-being of Charlotte County,Sarasota County or DeSoto County in a verifiable and measurable way (as identified by the criteria below). Also, companies must demonstrate and document the in-County/in-office capability and availability of the personnel working in the local office and the type of services performed at this location that is pertinent to the type of project. Companies shall affirm in writing their compliance with the foregoing at the time of submitting their proposal to be eligible for consideration as having a"Local Office". A company who misrepresents the local preference status of its company in a proposal to the County will lose the privilege to claim local preference for a one year period. Please identify below by placing a checkmark next to the appropriate criteria and related points. Also, provide any documentation that substantiates the information given in this affidavit. Charlotte County reserves the right to request supporting documentation as evidence to substantiate the information given in this affidavit. Failure to do so will result in the proposer's submission being deemed non-responsive. Location & Facilities of Working Office: Length of time"Local Office"established: _Local Office has been established more than 3 years 15 Points _Local Office has been established between 1 to 3 years 10 Points _Local Office has been established between 6 months to 1 year 5 Points _Local Office has been established less than 6 months 0 Points Location of"Local Office": Headquarters located within the boundaries of Charlotte, Sarasota, or DeSoto County 20 Points _Satellite office located within the boundaries of Charlotte, Sarasota, or DeSoto County 15 Points No local office presence 0 Points Residencies of personnel which live in Charlotte, Sarasota or DeSoto County and are employed with the Prime Firm's Office;the Prime Firm's Office is defined as the office performing the services for this project: _50% or more live in Charlotte, Sarasota or DeSoto County * 5 Points _25%to 49% live in Charlotte, Sarasota or DeSoto County* 3 Points _Up to 25 % live in Charlotte, Sarasota or DeSoto County* 2 Points _None of the personnel live in Charlotte, Sarasota or DeSoto County 0 Points *Personnel Affidavit attached to be completed by each person living in Charlotte, Sarasota or DeSoto County. NAME OF FIRM (This form must be completed and returned) 18 RFP No.2016000052 Affidavit Cont'd: Use of Local Sub-Consultants(Sub-Consultants meeting "Local Office" definition): _Local Sub-Consultants on team with Prime 10 Points _Local Prime is performing all services in-house 10 Points No local Sub-Consultants on team 0 Points Sub-Consultant Name: Address: Company Name: Signature: Title: Year Business Established: Circle the appropriate County: Charlotte DeSoto Sarasota State of Florida County of Sworn to and subscribed before me, a Notary Public, for the above State and County on this Day of , 20 Notary Public Commission Expiration (Affix Official Seal) 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. (This form must be completed & returned) 19 RFP No.2016000052 PERSONNEL AFFIDAVIT The undersigned affiant says as an employee of the proposer listed below that"I live within the boundaries of Charlotte County, Sarasota County or Desoto County". Proposer/Company Name: Request for Proposal Number: Title of Project: Circle the appropriate County: Charlotte DeSoto Sarasota Under penalties of perjury, I declare that I have read the foregoing affidavit and the facts stated in it are true Employee Name: Signature: Title: WITNESSES: Signed By: Signed By: Print Name: Print Name: Date: Date: 20 RFP No.2016000052 DRUG FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that does: (name of business) 1. Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing, possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace,any available drug counseling, rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to,any violation of Chapter 893 or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Proposer's Signature Date END OF PART IV (This form must be completed&returned) 21 RFP No.2016000052 WORK ASSIGNMENT CHARLOTTE COUNTY PURCHASING DIVISION CONTRACT NO. 2016000052 WATER, SEWER, RECLAIMED WATER AND MISCELLANEOUS FEES - RATE STUDY **THIS WORK ASSIGNMENT** 1. Work Assignment# 2. Short Title 3. Date Submitted 4. Amount 5. Scheduled Completion In presenting this Work Assignment, Consultant agrees that: Unless detailed herein, all drawings, data, electronic files and other information required for this Work Assignment has been accepted by Consultant. Specifically, all electronic files have been reviewed and accepted for the purposes of this Work Assignment. Unless specified herein, additional information will not be required. SUBMITTED AND AGREED TO BY: BY: Name of Consultant/ Firm (Type/Print) Signature DATE: RECOMMENDED AND APPROVED BY: FISCAL REVIEWED BY: CHARLOTTE COUNTY (DEPARTMENT/DIVISION): CHARLOTTE COUNTY PURCHASING: CHARLOTTE COUNTY ADMINISTRATION: APPROVED by the COUNTY Administrative Agent, the day of , 20_. 22 RFP No. 2016000052