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Agenda 12/13/2016 Item #16A46 16.A.46, 12/13/2016 EXECUTIVE SUMMARY Recommendation to approve a short-list of professional engineering consultants pursuant to Request for Proposal(RFP)# 15-6471,Design Services for Local Agency Program(LAP) Funded Projects and to authorize entering into negotiations between Collier County and Johnson Engineering,Inc.,for "Engineering&Design Services for LAP Funded Projects." Growth Management Grant Fund 711. OBJECTIVE: To obtain professional Engineering&Design Services for LAP funded projects. CONSIDERATIONS: The Florida Department of Transportation (FDOT) is empowered by legislative authority to contract with other governmental (local) agencies to develop, design, acquire right-of-way, and construct transportation facilities and to reimburse these governmental agencies for services provided to the traveling public. The FDOT Local Agency Program (LAP), administered at the FDOT district level, is the mechanism used to complete a prioritized project from FDOT's Five-Year Work program. On March 18, 2016 the Collier County Growth Management Department, through its Transportation Engineering Division, issued RFP #15-6471 and requested proposals from professional engineering consulting firms pre-qualified by the Florida Department of Transportation (FDOT) to provide services for LAP funded projects. One thousand four hundred and seventeen (1,417)notices of the RFP were sent out and one hundred and sixty one (161) were downloaded. Four proposals were received on September 28, 2016. On October 20, 2016, a selection committee reviewed the proposals based on an evaluation of their submittals,and the selection committee by consensus ranked the firms as follows: 1. Johnson Engineering, Inc. 2. Agnoli Barber&Brundage,Inc 3. Cardno, Inc 4. Q. Grady Minor&Associates FISCAL IMPACT: Funding is available in the Growth Management Grant Fund 711. The funding source is the Federal Highway Administration (FHWA); whereby, these grant dollars are passed through the Florida Department of Transportation via the LAP agreement. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.-SRT RECOMMENDATION: To approve the short-list of RFP #15-6471 Design Services for LAP Funded Projects so that negotiations can begin with the top-ranked firm, Johnson Engineering, Inc. Following negotiations, staff will return to the Board of County Commissioners to seek approval of a contract with the top-ranked firm. Prepared By: Mark McCleary, P.E., P.S.M., Principal Project Manager, Transportation Engineering Division, Growth Management Department Packet Pg. 994 16.A.46 12/13/2016 ATTACHMENT(S) 1. 15-6471_Final Rank 10 20 2016(PDF) 2. [Linked} 15-6471 Solicitation (PDF) Packet Pg. 995 16.A.46 12/13/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.46 Item Summary: Recommendation to approve a short-list of professional engineering consultants pursuant to Request for Proposal (RFP) # 15-6471, Design Services for Local Agency Program (LAP) Funded Projects and to authorize entering into negotiations between Collier County and Johnson Engineering, Inc., for "Engineering& Design Services for LAP Funded Projects." Growth Management Grant Fund 711. Meeting Date: 12/13/2016 Prepared by: Title: Project Manager—Growth Management Department Name: Mark McCleary 11/16/2016 2:44 PM Submitted by: Title: Department Head-Growth Management Dept—Growth Management Department Name: David Wilkison 11/16/2016 2:44 PM Approved By: Review: Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/17/2016 1:53 PM Procurement Services Brenda Brilhart Additional Reviewer Completed 11/18/2016 8:31 AM Capital Project Planning,Impact Fees,and Program Management Rookmin Nauth Additional Reviewer Completed Growth Management Department Anthony Khawaja Additional Reviewer Completed 11/21/2016 9:48 AM Growth Management Department Diane Lynch Additional Reviewer Completed 11/21/2016 4:51 PM Procurement Services Ted Coyman Level 1 Purchasing Gatekeeper Completed 11/21/2016 5:35 PM Growth Management Department David Wilkison Level 2 Division Administrator Completed 11/22/2016 1:46 PM Grants Edmond Kushi Level 2 Grants Review Completed 11/22/2016 1:53 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 11/22/2016 2:32 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/23/2016 8:20 AM Grants Therese Stanley Additional Reviewer Completed 12/05/2016 10:23 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/06/2016 11:49 AM Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM Packet Pg. 996 ca (u6isaa �g 6upeaui6u3 dYl : L8£Z) 9602 OZ 06 )jUe2! leu!3 6LP9-S6 :;uau)yae#}y wm Q °' `r° a.. a) c) ca al �, 0000 _. d 0000 0 0 0 -O • L�[ 0000 r N (�) 'CC Q) C O U ra co L r co co C C C) O O C N _0 U v C) �_ w E -O m o E -a r a) (II a) lf) lip M In NY CO N N N C C — Cr; E c6 a) E (a Q a) . ,, O N C — _ 4..., d U O >. r N M � OO � QEf ... d '-1U 0 f13 V Y (!) 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S'F- y) W O CO CO o J N — (' fi r -0 N _ s.._ !`*i Q t•v. ta. > Q O C O -0 0 Q U U °^ � .7' Owl O � (� • O O i< CtP. 11) au) 0 -) < OCF- 1 GRANT FUNDED (Federal Aid Highway Program Funded) CCNA REQUEST FOR PROPOSAL COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS RFP 15-6471 Engineering and Design Services For LAP Funded Projects Brenda Brilhart, Procurement Strategist brendabrilhart@colliergov.net, Email Address (239) 252 - 8446, Telephone Number (239) 252 - 6697, FAX Number This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 2 RFP 15-6471 Engineering and Design Services for LAP Funded Projects Table of Contents LEGAL NOTICE .................................................................................................................................................................. 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ........................................................................... 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS .......................................................................................................................... 8 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ....................................................................11 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP...........................................................................................14 -ATTACHMENT 1: VENDOR’S NON-RESPONSE STATEMENT .........................................................................................22 -ATTACHMENT 2: VENDOR CHECK LIST .......................................................................................................................23 -ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ..................................................................................................24 -ATTACHMENT 4: VENDOR DECLARATION STATEMENT ..............................................................................................25 -ATTACHMENT 5: IMMIGRATION LAW AFFIDAVIT CERTIFICATION..............................................................................26 -ATTACHMENT 6: VENDOR SUBSTITUTE W – 9 ............................................................................................................27 -ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS ...................................................................................28 -ATTACHMENT 8: REFERENCE QUESTIONNAIRE ..........................................................................................................30 EXHIBIT V: SCOPE OF SERVICES ………………………………………………………………….………………………………………………………………32 EXHIBIT VI: GRANTING AGENCY REQUIREMENTS ……………………………………….……………………………………………………………….50 EXHIBIT VII: GRANT FORMS ………………………………………………………………………………………..……………………………………………. 56 EXHIBIT VIII: LAP PROJECT LIST……………………………………………………………………………….………………………………………………… 57 3 RFP 15-6471 Engineering and Design Services for LAP Funded Projects Legal Notice Sealed Proposals to provide Professional Engineering and Design Services for Local Agency Program (LAP) funded projects will be received until 3:00 PM, Naples local time, on 3:00 PM on April 11, 2016 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. RFP 15-6471 Engineering and Design Services for LAP Funded Projects Services to be provided may include, but not be limited to the following: professional design services for LAP funded projects. A pre-proposal conference will not be held for this solicitation. All proposal statements will be made using the Request for Proposal format obtained on the Collier County Purchasing Division Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Director, Procurement Services Division This Public Notice was posted on the Collier County Purchasing Division website: www.colliergov.net/purchasing and in the Lobby of Collier County Government, Purchasing Division, 3327 Tamiami Trail E, Naples, FL 34112 on March 18, 2016. 4 RFP 15-6471 Engineering and Design Services for LAP Funded Projects Exhibit I: Scope of Work, Specifications and Response Format As requested by the Growth Management Department (hereinafter, the “Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Request for Proposal (hereinafter, “RFP”) with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. It is the intent of the County to award to one firm. To be considered for award, the firm(s) submitting as the prime Consultant must, at a minimum, be pre-qualified through the Florida Department of Transportation (hereinafter, “FDOT”) in the following work groups per Category:  3.1 Minor Highway Design  4.1.1 Miscellaneous Structures  7.1 Signing, Pavement Marking, and Channelization  7.2 Lighting  7.3 Signalization  8.1 Control Surveying  8.2 Design, Right of Way, and Construction Surveying  8.4 Right of Way Mapping  9.1 Soil Exploration  9.2 Geotechnical Classification Lab Testing Each assigned Task Work Order will provide a detailed Scope of Service, including project deliverables, and the time duration to complete the work. Task Work Orders will be assigned to the selected firm(s) on an alternating basis while utilizing a fair and balanced approach but may consider a firm’s specific qualifications based on the type of work requested, proximity to the project location or staffing availability at the time of the request. Brief Description of Purchase The Growth Management Division is seeking professional engineering and design services for Local Agency Program (LAP) funded projects. A list of these potential public works is attached as Exhibit VIII. The anticipated annual expenditures on these services will vary upon project design completion. The contract is limited to $1,500,000. Detailed Scope of Work – See Exhibit V The FDOT Local Agency Program (LAP), administered at the FDOT district level, is the mechanism used to complete prioritized projects from FDOT’s Five-Year Work Program (list of projects in Exhibit VIII). The projects include sidewalks, intersection improvements, median alterations, pedestrian pathways, etc. It is the intent of the County to award more than one contracts for Engineering & Design Services. Contract Term The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. The contract term, if an award(s) is/are made is intended to be for two (2) years with three (3) one year renewal options. Professional fees shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Procurement Director. Price adjustments are dependent upon the 5 RFP 15-6471 Engineering and Design Services for LAP Funded Projects consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Contract Payment Contract work will be distributed and initiated with a Work Order. Consultant acknowledges and agrees that each individual Work Order shall not exceed $200,000 per Consultant, and that the total compensation for all Work Orders issued under this Agreement shall not exceed $1,500,000 per Consultant. Purchase Orders will generally be issued as lump sum for design-related services and time and materials for post-design services, with not to exceed pricing. Projected Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice 3/18/16 Last Date for Receipt of Written Questions 5:00 PM 3/31/16 Pre-solicitation meeting N/A Addendum Issued By 4/7/16 Solicitation Deadline Date and Time 3:00 PM 4/11/16 Anticipated Evaluation of Submittals By 4/30/16 Anticipated Board of County Commissioner’s Contract Approval 6/30/2016 Consultant Response Requirements and Format The Consultant understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Consultant further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor’s approach and ability to meet the County’s needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below should be submitted with each proposal in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Consultant to include all listed items may result in the rejection of its proposal. Tab I, Cover Letter / Management Summary Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Consultant's certification that the Consultant will accept any awards as a result of this RFP. List all proposed subcontractors who will participate on the team. 6 RFP 15-6471 Engineering and Design Services for LAP Funded Projects Tab II, Business Plan (Maximum 20 Points – 5 Page Limit) In this tab, include:  Description of the proposed contract team and the role to be played by each member of the team.  Detailed plan of approach (including major tasks and sub-tasks).  Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference. Tab III, Experience and Capacity of Firm (Maximum 35 Points – 8 Page Limit) Provide information that documents your firm’s and subcontractors’ qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. Also describe the various team members’ successful experience in working with one another on previous projects. List Current Projects in the Format Identified Below Project Description Start Date End Date Original Budget Final Project Cost Number of Change Orders Tab IV, Specialized Expertise of Team Members (Maximum 35 Points – 8 Page Limit) Attach brief resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. The same should be done for any sub-consultants. If sub-consultants are being utilized, letters of intent from stated sub- consultants must be included with proposal submission. Tab V, References (Maximum 10 Points) In order for the Consultants to be awarded any points for this tab, the County requests that the Consultant submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor’s information provided in this area:  The County shall total each of the vendor’s five reference scores and create a ranking from highest number of points to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not turn in reference forms will be counted as zero (0).  The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score.  The next highest vendor’s number of points will be divided by the highest vendor’s points which will then be multiplied by criteria points to determine the vendor’s points awarded. Each subsequent vendor’s point score will be calculated in the same manner.  Points awarded will be extended to the whole number per Microsoft Excel. 7 RFP 15-6471 Engineering and Design Services for LAP Funded Projects For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Vendor Name Vendor Total Reference Score Points Awarded Vendor ABC 445 10 Vendor DEF 425 9.6 Vendor GHI 388 8.7 Note: Sample chart reflects a 10 point reference criterion. The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Consultant’s proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Consultant. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. Tab Vl, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Consultant may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. Tab VIl, Required Form Submittals  Attachment 2: Consultant Checklist  Attachment 3: Conflict of Interest Affidavit  Attachment 4: Vendor Declaration Form  Attachment 5: Immigration Affidavit Certification  Attachment 6: Vendor Substitute W9  Attachment 7: Insurance and Bonding Requirement Form  Attachment 8: Reference Questionnaire EXHIBIT VII: Grant Required Forms:  Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions  General Grant Clauses  Certification for Disclosure of Lobbying Activities on Federal Aid Contracts  Standard Form-LLL, Disclosure of Lobbying Activities Form  State Lobbying Form  Conflict of Interest Affidavit  Collier County DBE Participation Statement  Collier County Consultant Bid Opportunity List  Drug Free Workplace Certification  Truth in Negotiation Certification  Excluded Parties List System Documentation located at: www.sam.gov, and select SEARCH.  Licenses and/or Certifications 8 RFP 15-6471 Engineering and Design Services for LAP Funded Projects Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Procurement Division Online Bidding System website: www.colliergov.net/bid. Consultants must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Consultants having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Consultants are strongly encouraged to attend, as, this will usually be the only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted as “mandatory”, prospective Consultants must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Division. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Consultant in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 3:00 PM, local time, by April 11, 2016 to: Collier County Government Procurement Division 3327 Tamiami Trail E Naples FL 34112 Attn: Brenda Brilhart, Procurement Strategist The County does not bear the responsibility for proposals delivered to the Procurement Division past the stated date and/or time indicated, or to an incorrect address by Consultant’s personnel or by the Consultant’s outside carrier. However, the Procurement Services Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: 9 RFP 15-6471 Engineering and Design Services for LAP Funded Projects  The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline.  The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. If submitting manually, Proposers must submit one (1) paper copy clearly labeled “Master,” and one (1) compact disks (CD’s/DVD’s) with a copy of the proposal on the CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Consultant makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Ordinance. The County may, as it deems necessary, conduct discussions with qualified Consultants determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. Collier County will evaluate and select these Services in accordance with Florida Statute 287.055,Consultants’ Competitive Negotiation Act (CCNA). The County’s procedure for selecting is as follows: a) The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. b) Request for Proposals issued. c) Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. d) Meetings will be open to the public and the Procurement Strategist will publicly post prior notice of such meeting in the lobby of the Purchasing Building and publicly noticed on the County’s Procurement Services website. e) The committee members will review each proposal individually and score each proposal based on the evaluation criteria stated herein. f) Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice will be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and will endeavor to post such notices at least one (1) day in advance of all subsequent meetings. g) Collier County will consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, interviews, or oral presentations. h) The Selection Committee, as approved by the County Manager or designee, will review, evaluate and rank all responsive proposals received from Proposers responding to this RFP. The committee members will score each Proposal in accordance with the rating criteria set forth below and may, at their discretion, schedule presentations from any firms 10 RFP 15-6471 Engineering and Design Services for LAP Funded Projects submitting a proposal.. Consultant(s) shall have an opportunity to discuss their qualifications, approach to the project and ability to furnish services for the scope of work outlined in this solicitation during the publicly announced Selection Committee Meeting prior to the final ranking. This discussion does not preclude the County from having additional presentations by ranked firms at the County’s sole discretion. i) The Selection Committee will rank qualified firms in order of preference and by consensus using all information presented to the Committee, choose the top ranked firm and will subsequently enter into negotiations with the top ranked firm. Award of the contract is dependent upon the successful and full execution of a mutually agreed contract. j) Negotiations shall begin with the top-ranked firm(s) in accordance with Fl Statute 287.055. k) Upon the successful completion of negotiations, contracts will be presented to the Board of County Commissioners for approval. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Consultant nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances may not be considered. 9. References The County reserves the right to contact any and all references associated with this solicitation. 10. Proposal Selection Committee and Evaluation Factors The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Business Plan 20 Experience & Capabilities of Firm 35 Team Members 35 References 10 Total Points: 100 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor (as obtained from the County’s financial system) within the last five (5) years will receive the higher individual ranking. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 11. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion. 11 RFP 15-6471 Engineering and Design Services for LAP Funded Projects Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 2. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other comm unication from VENDOR, notwithstanding the COUNTY’S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 3. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR’S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non-conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers m ust be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR’S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act,” and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY’S right to insist upon further compliance with all specifications. 12 RFP 15-6471 Engineering and Design Services for LAP Funded Projects 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY’S name or other identifying marks or property without the prior written consent of the COUNTY’S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 11. Warranty of Non-Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY’S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non-infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of 13 RFP 15-6471 Engineering and Design Services for LAP Funded Projects its business. By way of non-exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. 14 RFP 15-6471 Engineering and Design Services for LAP Funded Projects Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance and Bonding Requirements (The specific insurance requirements for this solicitation are identified in the attachment for Insurance and Bonding Requirements.) The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding Requirements attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County’s separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests’ provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Attachment 7 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor’s sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like man ner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount 15 RFP 15-6471 Engineering and Design Services for LAP Funded Projects due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services Additional items and/or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Ordinance. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 51% or more of the solicitation amount for said work; or as otherwise approved by the County’s project manager prior to the execution of the work. The Consultant will maintain an adequate and competent professional staff so as to enable Consultant to timely perform under this Agreement and must be authorized to do business within the State of Florida and may associate with it such subconsultants, for the purpose of its services hereunder, without additional cost to the County, other than those costs negotiated within the limits and terms of this Agreement. The Consultant is fully responsible for satisfactory completion of all subcontracted work. The Consultant, however, will not sublet, assign or transfer any work under this Agreement to other than subconsultants specified in the Agreement without the written consent of the County. 5. County’s Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor’s facilities/project site during and after each work assignment the Vendor is performing. 6. Vendor Performance Evaluation The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 7. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in 16 RFP 15-6471 Engineering and Design Services for LAP Funded Projects any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. The resultant contract(s) may include purchase or work orders issued under one, or any combination of price methodologies by the County’s project manager: Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County’s project manager before payment for the fixed price contract is authorized. Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification required). The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Consultant. The County’s project manager shall coordinate with the Consultant the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work . 8. Work Orders on Fixed Term Contracts The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County. The contracts are classified as fixed-term Countywide Agreements for various and miscellaneous engineering and design services which will be utilized on an as-needed basis. Assignments shall be implemented with Work Orders subject to a maximum of $200,000 per Work Order. Work Order assignments in excess of $200,000 shall be approved by the Board of County Commissioners. Should any project that is active on a work order extend past the contract termination date, that work order will be active and extended as necessary until completion of such project. 9. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include:  Purchase Order Number  Description and quantities of the goods or services provided per instructions on the County’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk’s Finance Department ATTN: Accounts Payable 17 RFP 15-6471 Engineering and Design Services for LAP Funded Projects 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk@collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include:  Traditional – payment by check, wire transfer or other cash equivalent.  Standard – payment by purchasing card. Collier County’s Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County’s credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an “Additional Cash Discount.” Upon execution of the Contract and completion of each month’s work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of “laches” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 10. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. 18 RFP 15-6471 Engineering and Design Services for LAP Funded Projects Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor’s work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 11. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active” in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector’s Office at (239) 252-2477. 12. Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 13. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies 14. Security and Background Checks If required, Consultant shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Consultant shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 15. Survivability The Consultant agrees that any Work Order that extends beyond the expiration date of Solicitation 15- 6471 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. 19 RFP 15-6471 Engineering and Design Services for LAP Funded Projects 16. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 17. Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 18. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 19. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 20. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub - consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. In addition, consultants that have participated and/or will participate in the development of scope, background information or oversight functions on this project are precluded from submitting a Proposal as either a prime or sub- consultant. 21. Protest Procedures Any prospective proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County’s then 20 RFP 15-6471 Engineering and Design Services for LAP Funded Projects current purchasing ordinance and policies. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 22. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 23. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 24. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 25. Immigration Law Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program:  Commodity based procurement where no services are provided.  Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor’s/bidder’s proposal. Acceptable evidence 21 RFP 15-6471 Engineering and Design Services for LAP Funded Projects consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Proposer does not comply with providing the acceptable E-Verify evidence and the executed affidavit the vendor’s proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the “Exceptions to the program” clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor’s responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 22 RFP 15-6471 Engineering and Design Services for LAP Funded Projects Attachment 1: Vendor’s Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to this RFP for the following reason(s): Services requested not available through our company. Our firm could not meet specifications/scope of work. Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) Project is too small. Insufficient time allowed for preparation of response. Incorrect address used. Please correct mailing address: ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Other reason(s):__________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name: _______________________________________ Date ____________ 23 RFP 15-6471 Engineering and Design Services for LAP Funded Projects Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: The Proposal has been signed. All applicable forms (including granting agency forms) have been signed and included, along with licenses to complete the requirements of the project. Copy of Internet certification that the Vendor is not on the Federal Excluded Parties List System at: www.sam.gov, and select SEARCH. The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Brenda Brilhart, Procurement Strategist The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) If submitting a manual proposal, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded. ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: _____________________________ Email: ____________________ Representative Signature: ________________________________________________________ 24 RFP 15-6471 Engineering and Design Services for LAP Funded Projects Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fu lly disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: _____________________________________________________________ Signature and Date: _____________________________________________________________ Print Name _____________________________________________________________ Title of Signatory _____________________________________________________________ State of _______________________________________________________________________ County of _______________________________________________________________________ SUBSCRIBED AND SWORN to before me this __________ day of _________________, 20___, by _______________________________________________, who is personally known to me to be the ________________________________________ for the Firm, OR who produced the following identification ________________________________________. _________________________________________________________________________________ Notary Public My Commission Expires ___________________________________________ 25 RFP 15-6471 Engineering and Design Services for LAP Funded Projects Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation 15-6471 Engineering and Design Services LAP Funded Projects Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connec tion or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed in the solicitation noted above. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this ___ day of __________, 20__ in the County of _______________, in the State of _____________. Firm’s Legal Name: Firm’s Dun and Bradstreet Number (DUNS) (Found at www.dnb.com) CCR # or CAGE Code Florida Certificate of Authority Document Number (http://www.sunbiz.org) Federal Tax Identification Number Address: City, State, Zip Code: Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: 26 RFP 15-6471 Engineering and Design Services for LAP Funded Projects Attachment 5: Immigration Law Affidavit Certification Solicitation # and Title : 15-6471 Engineering and Design Services LAP Funded Projects This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB’s) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor’s proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (“INA”). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understan ding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E -Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor’s / Bidder’s proposal. Company Name ____________________________________________________________________ Print Name Title _______________________ Signature Date _______________________ State of ___________________ County of _________________ The foregoing instrument was signed and acknowledged before me this _____day of ____________, 20___, by _______________________________ who has produced _____________________________ as identification. (Print or Type Name) (Type of Identification and Number) _____________________________________ Notary Public Signature _____________________________________ Printed Name of Notary Public _____________________________________ Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 27 RFP 15-6471 Engineering and Design Services for LAP Funded Projects Attachment 6: Vendor Substitute W – 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notif y you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name ________________________________________________________________________________ (as shown on income tax return) Business Name ________________________________________________________________________________ (if different from taxpayer name) Address ____________________________________ City ______________________________________________ State ______________________________________ Zip_______________________________________________ Telephone __________________ FAX ______________________ Email _________________________________ Order Information Address ___________________________________ Remit / Payment Information Address ____________________________________________ City __________ State ________ Zip ___________ City _____________ State _________ Zip______________ FAX ______________________________________ Email ____________________________________ FAX __________________________________________ Email_____________________________________________ 2. Company Status (check only one) Individual / Sole Proprietor Corporation Partnership Tax Exempt (Federal income tax-exempt entity under Internal Revenue Service guidelines IRC 501 (c) 3) Limited Liability Company Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) _______________________________________________________________ (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature ___________________________________________________________ Date _________________________________ 28 Attachment 7: Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. Employer’s Liability $500,000 single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/ Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. 4. Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 5. Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ __________ Per Occurrence Professional Liability $1,000,000 per claim and in the aggregate  $1,000,000 per claim and in the aggregate  $2,000,000 per claim and in the aggregate Project Professional Liability $__________ Per Occurrence Valuable Papers Insurance $__________ Per Occurrence 29 RFP 15-6471 Engineering and Design Services for LAP Funded Projects 6. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certif icates of insurance meeting the required insurance provisions. 9. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. Thirty (30) Days Cancellation Notice required. Lbj 5/20/2015 Vendor’s Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm _______________________________________ Date ____________________________ Vendor Signature _________________________________________________________________________ Print Name _________________________________________________________________________ Insurance Agency _________________________________________________________________________ Agent Name _______________________________________ Telephone Number _________________ 30 RFP 15-6471 Engineering and Design Services for LAP Funded Projects Attachment 8: Reference Questionnaire Solicitation: 15-6471 Engineering and Design Services for LAP Funded Projects Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key pers onnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Change Orders - Dollars Added : _________________ Change Orders - Days Added: __________________ Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: _______________________________________ By ________________ 31 RFP 15-6471 Engineering and Design Services for LAP Funded Projects Exhibit V: Scope of Services ENGINEERING AND DESIGN FOR LOCAL AGENCY PROGRAM (LAP) PROJECTS Project Description The principal intent of this project is to provide Engineering & Design Services for the construction of Local Agency Program (LAP) projects. The Florida Department of Transportation (FDOT) is empowered by legislative authority to contract with other governmental (local) agencies to develop, design, acquire right-of- way, and construct transportation facilities and to reimburse these governmental agencies for services provided to the traveling public. The FDOT Local Agency Program, administered at the FDOT district level, is the mechanism used to complete a prioritized project from FDOT’s Five-Year Work program. The intent of the County is to award to one firm. 1.0 PURPOSE: The purpose of this general scope of services is to describe the services and responsibilities of the CONSULTANT and the COUNTY in connection with the design and preparation of a complete set of construction contract documents and incidental engineering services, as necessary, for projects initiated under the FDOT LAP program in Collier County. The general objective is for the CONSULTANT to prepare a set of contract documents including plans, specifications, supporting engineering analysis, calculations and other technical documents in accordance with COUNTY and FDOT policy, procedures and requirements. These Contract documents will be used by the contractor to build the project and will be used by the COUNTY or its Construction Engineering Inspection (CEI) representatives for inspection and final acceptance of the project. The CONSULTANT shall ensure that all required project components are included in the development of the Contract documents and the project can be built as designed and to specifications. 2.0 SCOPE: Provide services as defined in this Scope of Services, the referenced Florida Department of Transportation (FDOT) manuals, and procedures. For each project the CONSULTANT and/or Sub- Consultant(s) must be FDOT qualified (Rule Chapter 14-75) to perform the assigned work and/or services required of the project. As a minimum, the CONSULTANT and/or Sub-Consultant(s) must be qualified to perform the following types of work:  3.1 Minor Highway Design  4.1.1 Miscellaneous Structures  7.1 Signing, Pavement Marking, and Channelization  7.2 Lighting  7.3 Signalization  8.1 Control Surveying  8.2 Design, Right of Way, and Construction Surveying  8.4 Right of Way Mapping  9.1 Soil Exploration  9.2 Geotechnical Classification Lab Testing Services provided by the CONSULTANT shall comply with FDOT manuals, procedures, and memorandums in effect as of the date of execution of the Agreement; however it is the responsibility of the CONSULTANT to stay current with applicable regulations and procedures as they are 32 RFP 15-6471 Engineering and Design Services for LAP Funded Projects updated by FDOT and/or the County. Such FDOT manuals, procedures, and memorandums are found on FDOT’s website. Each assigned Task Work Order Proposal will provide a detailed Scope of Service, including project deliverables, and the time duration to complete the work. Due to the varied nature of the projects for which work is to be assigned, a description of the types of tasks generally associated with a design assignment follows below, but may be modified as needed according to the requirements for each Task Work Order Proposal. Each project Scope of Work may be modified to include the applicable provisions of the latest version of FDOT’s Scope of Services for Consulting Engineering Services as appropriate. 3.0 DEFINITIONS: A. Agreement: The Professional Services Agreement between the County and the CONSULTANT setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of services, and the basis of payment. B. Consultant: The Consulting firm under contract to the County for engineering and design services. C. Consultant Project Manager: The employee assigned by the CONSULTANT to be the lead contact for the county and in charge of coordinating the services to be provided for the Project. D. Consultant Engineer of Record: The Engineer assigned by the CONSULTANT to be in charge of signing and sealing plans in accordance with the Florida Board of Professional Regulation E. Transportation Engineering Director: The administrative head of the County’s Construction Offices / The Engineer assigned to administer Engineering and design as well as Construction Contracts for the County. F. County Project Manager: The County employee assigned to administer the CONSULTANT Engineering and Design Services on behalf of the County. G. County Professional Services Administrator: The Administrative Head of the Professional Services Office. H. County Manager: The County Administrator of the County. I. Engineer of Record: The Engineer noted on the Construction plans as the responsible person for the design and preparation of the plans. J. Road Maintenance Director: The County employee assigned to administer Maintenance Contracts for the County. K. Public Information Office: The County employee assigned to manage the Public Information Program. L. Resident Compliance Specialist: The employee assigned by the County to oversee project specific compliance functions and maintain compliance files. M. Owner: The Board of County Commissioners for Collier County, Florida. A political subdivision of the State of Florida N. County: Collier County, a political subdivision of the State of Florida. 33 RFP 15-6471 Engineering and Design Services for LAP Funded Projects 4.0 ITEMS TO BE FURNISHED BY THE COUNTY TO THE CONSULTANT: A. The COUNTY, on an as needed basis, will furnish all available project documentation to the CONSULTANT for each project. The documents available will be determined at the time of issuance of each task work order. Documents may be provided in either paper or electronic format. B. A list of all standard forms for use under the terms of this Agreement will be provided in one (1) hard copy or electronic format at the Pre-Services meeting. All directives, procedures, and standard forms can be accessed through the Collier County website. 5.0 ITEMS FURNISHED BY THE CONSULTANT: a. FDOT Documents All applicable FDOT documents referenced herein shall be a condition of this Agreement. All FDOT documents, directives, procedures, and standard forms are available through the FDOT’s Internet website. Most items can be purchased through the following address. All others can be acquired through the FDOT’s District Office or on-line at the FDOT’s website. Florida Department of Transportation Maps and Publication Sales 605 Suwannee Street, MS 12 Tallahassee, Florida 32399-0450 Telephone No. (850) 488-9220 http://www.dot.state.fl.us/ 6.0 LIAISON RESPONSIBILITY OF THE CONSULTANT: For the duration of the Agreement, keep the COUNTY’s Project Manager informed of all significant activities, decisions, correspondence, reports, and other communications related to its responsibilities under this Agreement. Facilitate communications between all parties (e.g., FDOT, local agencies, etc.) ensuring responses and resolutions are provided in a timely manner. Maintain accurate records to document the communication process. Submit all administrative items relating to Invoice Approval, Personnel Approval, User IDs, Time Extensions, and Change Orders to the COUNTY’s Project Manager for review and approval. 7.0 PERFORMANCE OF THE CONSULTANT: During the term of this Agreement and all Change Orders thereof, the COUNTY will review various phases of CONSULTANT operations and FDOT’s Local Agency Program Manual to determine compliance with this Agreement. If deficiencies are indicated, remedial action shall be implemented immediately. County recommendations and CONSULTANT responses/actions are to be properly documented by the CONSULTANT. No additional compensation shall be allowed for remedial action taken by the CONSULTANT to correct deficiencies. 8.0 REQUIREMENTS OF THE CONSULTANT: 8.1 Project Administration 8.1.1 Notice to Proceed/Project Initiation The CONSULTNAT will be issued a Notice to Proceed (NTP) accompanied by the executed Work Order. Following the issuance of the NTP, the CONSULTANT will prepare for and attend a Kick-off Meeting with the COUNTY’s Project Manager, staff and FDOT as 34 RFP 15-6471 Engineering and Design Services for LAP Funded Projects determined by the COUNTY. At this meeting, the COUNTY and FDOT and key members of the CONSULTANT’s team will set the final parameters for the project. 8.1.2 Project Schedule As part of the man-hour and fee proposal, the CONSULTANT will provide a Project Schedule, identifying the timetable for execution and completion of all elements of the Scope of Work. The schedule will identify major tasks, duration and task relationships. An electronic submittal, compatible with Microsoft Project is required. This schedule will indicate both projected and actual completion dates. The CONSULTANT will send the COUNTY’s Project Manager an e-mail update of the Microsoft Project compatible schedule monthly. 8.1.3 Project Status Meetings The appropriate members of the CONSULTANT’s team will attend as necessary, monthly progress meetings with the COUNTY’s Project Manager and staff to discuss the project’s progress, status and other activities. The purpose of these meetings is to maintain clear communication between the COUNTY and the CONSULTANT’s team. The CONSULTANT will prepare meeting notes from these meetings, and distribute these notes within ten (10) days following each meeting. The CONSULTANT will communicate with the COUNTY and FDOT biweekly, via email, the project’s progress and issues. 8.1.4 Coordination Meetings The CONSULTANT may be required to meet with various project stakeholders to discuss the project and receive input. The CONSULTANT should plan to attend at least four (4) such meetings. The CONSULTANT may be called upon to provide maps, plans sheets, audio- visual displays and similar material for these meetings. 8.1.5 Public Involvement It is to be assumed formal public involvement activities will generally not be required; however, the need for any project-specific public involvement activities for a specific assignment will be determined at the time of the development of the project Scope of Work. 8.2 Surveys 8.2.1 Control Surveys and Right-of-Way Maps The CONSULTANT is to provide the COUNTY with Control Survey for the project, if necessary, consistent with the Minimum Technical Standards for Land Surveying in the State of Florida set forth by the Board of Land Surveyors, Chapter 61G17-6, F.A.C., pursuant to Chapter 472, Florida Statutes. 8.2.2 Design Surveys The CONSULTANT shall furnish complete field verified design survey. The surveys shall include aerial targeting as necessary, wetlands vegetation lines, topography, right-of-way, 50’ interval cross sections for plotting purposes, cross sections at driveways with anticipated connection slopes approaching maximum design criteria, physical location of utilities, drainage and base line control, along with surveys necessary for side road connections or 35 RFP 15-6471 Engineering and Design Services for LAP Funded Projects upgrading. Should additional field surveys be required to successfully design, permit and construct this project, the CONSULTANT is to obtain this information as a fundamental requirement of this scope of services. The work shall be performed in accordance with the latest edition of the FDOT Location Manual, Policy No. 760.001-760.012 and the Minimum Technical Standards for Land Surveying in the State of Florida set forth by the Board of Land Surveyors, Chapter 61G17- 6, F.A.C., pursuant to Chapter 472, Florida Statutes. Variations in survey methodologies, etc., as required by FDOT, will be permitted if approved by the COUNTY and FDOT prior to submittal of man-hour and lump-sum fee proposals. Coordination with the COUNTY and FDOT Surveyor is required prior to beginning this work effort. 8.3 Final Design & Specifications 8.3.1 Assembly and Evaluation of Data The CONSULTANT is to collect and evaluate all available and appropriate data for the successful final design of this project. Specifically, and non-inclusively, the CONSULTANT will address the following items: 8.3.1.1 Assembly of Data: The CONSULTANT is to collect and review all available information such as records, maps, surveys, plans, soil investigation reports, utility service system, availability data, zoning classifications, building codes and standards, requirements of all agencies having jurisdiction over the project, and any other information which may have a bearing or impact to the planning, design, approval, permitting, construction and/or operation of this project. The CONSULTANT is to review all appropriate COUNTY information on this project. 8.3.1.2 Regulatory Agencies: The CONSULTANT is to coordinate all necessary and required activities with regulatory agencies throughout the entire design and permitting phases of the project. 8.3.1.3 Field Reviews and Surveys: The CONSULTANT is to field review data, including surveys, for consistency with actual field conditions. The CONSULTANT is to evaluate right-of-way and topographic surveys for consistency with design and construction requirements of the project, as well as adherence to appropriate standards of professional practice. 8.3.1.4 Soils Survey/Geotechnical Investigations: The CONSULTANT is to provide the necessary soil survey and analysis for the project design. The results of the soils survey will be analyzed, posted and summarized appropriately on the cross-sections and applicable plan sheets consistent with FDOT requirements. This analysis will include design recommendations for roadway fill and other design and construction elements. Further, the soils investigations will include all required soil parameters necessary to design and construct the improvement, drainage systems, including surface water management systems, utility installations, etc. 36 RFP 15-6471 Engineering and Design Services for LAP Funded Projects 8.3.1.5 Preliminary Drainage: The CONSULTANT is to evaluate the project’s existing drainage conditions to identify at the earliest possible stage the need to address large-scale drainage issues and/or issues of significance to the project. The CONSULTANT is to review these matters with the COUNTY and FDOT early in the progress of the final design. 8.3.1.6 Environmental Issues: The CONSULTANT is to evaluate the project’s overall impact to the environment, specifically addressing elements requiring agency permitting. The purpose is to identif y at the earliest possible stage the need to address the critical path(s) of design elements related to these issues. The CONSULTANT is to review these matters with the COUNTY and FDOT early in the progress of the final design. 8.3.1.7 Drainage Design The CONSULTANT is to provide for the drainage basin/sub-basin mapping and design sufficient to meet COUNTY, State and Federal Standards, as well as State and Federal regulatory agency permit requirements. The project must meet the following minimum requirements: A. The Collier County Land Development Code; B. South Florida Water Management District rules and regulations; C. Other State and Federal rules and regulations. Before or at the 60% submission, the CONSULTANT is to obtain COUNTY and FDOT approval for the conceptual layout and design for all stormwater management facilities (SWMF). The CONSULTANT is to submit the following minimum information at this time: A. Large-scale mapping of all drainage elements affecting the design of the project, including basin and sub-basin delineations on a scalable, readable contoured map; B. Definable locations of the SWMF on a scalable graphic including parcel identification information; C. Brief narrative on availability of land, zoning, current use, future land use (Growth Management Plan), environmental issues, if any, estimated construction costs, and other relevant data to adequately review and evaluate the proposed SWMF location. 8.3.2 Construction Plans Preparation The CONSULTANT is to provide all necessary and required construction plans for the successful design and construction of the project. Each contract plans package and its component parts will be prepared in accordance with FDOT standards, policies, procedures, memorandums and directives. Design work will comply with the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, latest non- metric edition, and FDOT Plans Preparation Manual, and other applicable standards. Each contract plans package shall be accurate, legible, complete in design, suitable for public bidding purposes and drawn to scales acceptable to the COUNTY and FDOT and in format acceptable to the COUNTY and FDOT. For recommendations concerning the plans preparation the CONSULTANT should refer to the latest non-metric editions of the Florida Greenbook, and other applicable manuals as determined by the COUNTY’s Project Manager 37 RFP 15-6471 Engineering and Design Services for LAP Funded Projects and FDOT. It is the CONSULTANT’s responsibility to acquire and utilize the necessary FDOT manuals that are required to complete the project design. The project must meet the following minimum plans and documentation requirements: 8.3.2.1 Plan sets: A. Cover/Key Sheet B. Summary of Pay Items C. Drainage Maps (1”=200’ maximum scale, with contours) D. Typical Sections E. Summary of Quantities F. Summary of Drainage Structures (Includes invert elevations) G. Project Layout H. Sidewalk Plan & Profiles (1” = 20’ maximum scale) I. Special Profiles (if necessary) J. Intersection Layouts (1”= 10’ maximum scale) K. Drainage Detail Sheets L. Drainage Structure Cross Sections M. Erosion Control Sheets (NPDES Sheet) N. Soils Survey Data Sheets O. Signing and Pavement Marking Plans P. Signalization Modification Plans Q. Sidewalk Cross Sections Sheets (scale 1”=2’ or 5’ by 1”=10, 20’, 40’, 50’) R. Traffic Control Data Sheet S. Utility Adjustment Sheets (if necessary) 8.3.3 Design Documentation Report: Technical criteria, strategic decisions, project influences and processes employed in the execution of project design and plans preparation are to be memorialized in a bound document submitted to the COUNTY and FDOT. The purpose is to provide a chronicle of the strategies, decision and events that lead to the preparation of the final construction documents. At a minimum, the CONSULTANT is to provide the following documentation: 8.3.3.1 Intersections, Project Termini Design & Driveways The CONSULTANT is to provide all necessary design and special detailing required to adequately detail improvements to intersections, terminus points and driveways within the project area. 8.3.3.2 Signing and Pavement Marking Plans The CONSULTANT is responsible for the preparation and design of a complete set of signing and pavement marking plans in compliance with the latest (non-metric) FDOT Standards, the M.U.T.C.D., and the “Sign/Marking Standards for Older Road Users Program Compliance” for the project. These plans will be included as a component part of the contract plans set and shall include all necessary side street signing and striping necessary for the safe and effective operation of vehicles and pedestrians on or crossing the roadway. Phase submittals for engineering review will be in accordance with the requirements for construction plans and submitted at 60% and 100% completion stages. 38 RFP 15-6471 Engineering and Design Services for LAP Funded Projects 8.3.3.3 Traffic Signal Plans The CONSULTANT is responsible for the preparation of design plans for any necessary modifications to existing signals within the project corridor. The design will be in accordance with the latest (non-metric) FDOT Standards and Specifications. All equipment specified in plans will be fully compatible with Collier County’s Signal System. The design will be signed and sealed by a Professional Engineer in the State of Florida. Phase submittal for engineering review will be in accordance with the requirements for construction plans and submitted at 60%, and 100% completion stages. 8.3.3.4 Standard Specifications, ADA Compliance and Special Provisions The CONSULTANT shall use the current edition of the FDOT “Standard Specifications for Road and Bridge Construction”, and Supplements thereto, and all technical memorandum and addenda henceforth for the standard specification on roadway and bridge construction. The CONSULTANT is responsible to ensure that all plans and design specifications meet or exceed the minimum standards necessary to comply with the Americans with Disabilities Act (ADA) as amended. The CONSULTANT is responsible to provide all Special Provisions necessary for the successful construction of the project. These Special Provisions are to be prepared in the same and complimentary format at the referenced standard specifications. The COUNTY and FDOT reserves the right to reject any special provision specification deemed inadequate for the project. 8.3.3.5 Engineer’s Estimate of Probable Construction Costs and Quantity Computation The CONSULTANT will prepare preliminary estimates of probable construction costs with unit prices based on current FDOT estimates and pay items. These estimates will be provided at the 60% and 100% phase submittals of the final construction plans. A “final” estimate will be provided when professionally endorsed plans are delivered to the COUNTY and FDOT. The CONSULTANT will prepare a Summary of Pay Items plan sheet to be incorporated as part of the final construction plans. Quantities are to be documented in the plan set using summary boxes and/or tabulation quantity sheets. Each pay item must be documented on either a plan summary box or tabulation sheet. In general, Roadway and Structures items are included on the plan summary boxes. Signing, Pavement Marking, Lighting, Signalization, Landscaping, and Utility component plans will use tabulation sheets. Whether provided by plan summary box or tabulation sheets, the quantity of each item, by location, is needed. 8.3.3.6 Maintenance of Traffic The CONSULTANT is responsible for providing a construction design conducive to safe maintenance of traffic for vehicles and pedestrians. 39 RFP 15-6471 Engineering and Design Services for LAP Funded Projects The CONSULTANT will prepare a Traffic Control Data Sheet (T.C.D.S.) for inclusion as part of the roadway plans. The intent of the T.C.D.S., as prepared by the CONSULTANT, is to provide adequate minimum requirements and direction to the construction contractor regarding specific project and construction plan conditions, and to enable the contractor to prepare a detailed maintenance of traffic plan for approval by FDOT prior to construction beginning. 9.0 Environmental & Regulatory Permitting The CONSULTANT is required to submit complete permit applications, respond to Requests for Additional Information (RAI) and provide all necessary follow up information for all permits necessary to successfully design and construct the project. 9.1 South Florida Water Management District (District) Environmental permitting, or exemption thereof, through the District is a requirement of this project. The CONSULTANT is to actively involve the COUNTY’s Project Manager in all permitting activities involving the District including pre-application conferences, RAI meetings, field meetings, Board of Governor meetings, etc. The CONSULTANT is responsible for early identification of all potential permitting issues. The CONSULTANT is to coordinate with the District and any other regulatory agencies having jurisdiction to assure that design efforts are properly directed toward permit requirements. The CONSULTANT will prepare a complete permit package necessary to construct the project, including site and system design information required by and acceptable to the District and all other regulatory agencies. The CONSULTANT will professionally endorse the permit package(s) for District permitting and any regulatory agency exercising jurisdiction with FDOT as applicant. The CONSULTANT is responsible for permit package submittal, agency coordination and for all the information necessary to secure permits from these regulatory agencies. 9.2 Florida Department of Environmental Protection (FDEP) At this juncture, we do not anticipate any site conditions that would initiate jurisdictional authority by the Florida Department of Environmental Protection (FDEP). However, if FDEP jurisdiction is exercised, the CONSULTANT is responsible to address their issues and pursue appropriate resolutions. Compensations for professional fees for this work will be negotiated as supplemental services to the existing design services Agreement using man- hour unit prices from the current Agreement. 10.0 Utility Coordination and Relocation Coordination of existing and proposed utilities is of critical importance to the cost and overall success of the project. The CONSULTANT is to contact all utility companies and local governments having facilities within the project area and obtain necessary information on their existing and proposed facilities. The CONSULTANT is to coordinate design activities with the respective utility companies/local governments and COUNTY Project Manager. 40 RFP 15-6471 Engineering and Design Services for LAP Funded Projects The CONSULTANT is responsible to accurately reflect the information provided by these utilities. When necessary for the accuracy of the design, the CONSULTANT will obtain actual field horizontal and vertical locations, coordinating this effort through respective utility companies/local governments. The CONSULTANT will field verif y vertical and horizontal conflicts. The field verification of vertical and horizontal positions will be at intervals not to exceed 200’, including all valves, changes in direction and structures. Accuracy shall be with 0.2 of a foot horizontally and vertically. The mapping work described in this section does not include normal design survey utility work specified in the Design Survey and the Utilities sections. The CONSULTANT will evaluate relocations, abandonments, adjustments, or facilities to remain in place for impact to design elements of the project. 10.1 Early Coordination The CONSULTANT will submit two (2) sets of plans to each entity for verification of respective utility locations after the initial field survey is plotted and field reviewed. One set should be marked up and returned to the CONSULTANT. 10.2 Coordination at 60% Plans The CONSULTANT will prepare 60% plans showing existing utilities. Following COUNTY and FDOT review and plan adjustment, the CONSULTANT will submit two (2) sets of plans to these groups for review and markup. One set should be marked up and returned to the CONSULTANT. Upon return of theses markups, the CONSULTANT is responsible to prepare and complete Utilities Adjustment Plan for the project as part of the roadway design process. This work includes coordination with public and private utility companies for the location and design of their pre-construction (existing) and post-construction (relocated) utilities. 10.3 Coordination at 100% Plans At the time of the 100% submittal, the CONSULTANT will contact these groups again and send two (2) sets of the 100% plans for review and approval. Additional submissions and coordination are at the discretion of the CONSULTANT. The CONSULTANT may request that the utility companies provide and electronic copy of any corrections. 11.0 Local Government, FDOT, Other Agencies Coordination Coordination with local governments, public agencies, e.g., Collier Area Transit (CAT), and others is of critical importance to the overall success of the project. Accordingly, the CONSULTANT is responsible to coordinate all design activities with these groups to ensure adequate opportunity on their behalf to address design and construction issues. The CONSULTANT is responsible to contact each local government, FDOT, and other known agencies having an interest in this project. The CONSULTANT is to coordinate their interest with the design of the project, as necessary, to work towards solutions acceptable to the COUNTY and these groups. Contact with these groups is to occur at the kick-off, 60% and 100% stages of design completion, and with a set of “final” plans delivered to these groups after the CONSULTANT has professionally endorsed the final plans. One (1) plan set is to be delivered to each group for review and comment at each submission stage. 41 RFP 15-6471 Engineering and Design Services for LAP Funded Projects 12.0 Deliverables/Phase Submission Documents The CONSULTANT will submit Design Plans and support documents to the COUNTY and FDOT for review and approval at specific junctures. Each plan set submitted will have the percentage complete for that submittal clearly indicated on the first sheet of each set of plans. 12.1 60% Design Documents Submission (2 week COUNTY review / 3-4 week FDOT review) A. Five (5) sets of prints (Construction Plans) for COUNTY and FDOT (FDOT Plan submittal may be electronically submitted) B. Preliminary estimate of probable construction cost C. Preliminary Drainage Computations D. 60% signed checklist E. A detailed utility conflict letter based upon the preliminary drainage design F. One (1) CD containing PDF files of deliverables 12.2 100% Design Documents Submission (2 week COUNTY review /3-4 week FDOT review) A. Five (5) sets of prints (Construction Plans) for COUNTY and fifteen (15) for FDOT (FDOT Plan submittal may be electronically submitted) B. One (1) CD containing PDF files for entire 100% plan set for bidding purpose C. Final Right-of-Way maps D. Final Drainage Computations E. One (1) engineer’s cost estimate F. One (1) set of bid forms (Provide forms electronically as well) G. One (1) Design Documentation Reports H. Contract Documents and Specifications I. 100% signed checklist J. One (1) CD containing PDF files of deliverables 12.3 Final Deliverables (after COUNTY and FDOT have approved 100% plans) A. Two (2) sets of bound and sealed Construction Plans for COUNTY and two (2) for FDOT B. One (1) set of unbound signed and sealed Construction Plans C. One (1) set of un-bound signed and sealed Construction Plans D. One (1) CD containing PDF files of deliverables 12.4 General Phase Submission Comments All plan submittals will be printed on 11” x 17” plan sheets. When aerial photography is used as a base, the plans will be halftone, clear, Photo- Mechanical Transfers (PMT’s) or equivalent quality. As a minimum, phase submittals to the COUNTY and FDOT will be in accordance with the current FDOT Plans Preparation Manual (non-metric) information content requirements including a written response to previous COUNTY and FDOT review comments. Phase submittal of construction plans shall not be considered complete if applicable individual component parts, such as signals, signing and pavement markings, utility adjustments, etc., are not included with the submittal. 42 RFP 15-6471 Engineering and Design Services for LAP Funded Projects If the COUNTY determines that the phase submittal is incomplete, the CONSULTANT is to pick-up the submittal, make it complete and resubmit. The COUNTY and FDOT may require additional data if determined by individual project requirements. Phase submittals of Construction Plans or Drainage computations will not be considered representative of the percent complete indicated until they have been reviewed and accepted by the COUNTY and FDOT. 13.0 POST-DESIGN SERVICES The CONSULTANT shall provide post-design construction assistance services which may include, but are not limited to, Plans Updates, Engineering Assistance, Expert Witness Testimony, Review of Shop Drawings and Meeting Attendance. These services are intended to deal with changed conditions or services not covered by other contract provisions, and are not intended for CONSULTANT errors and/or omissions. 13.1 Plans Update The CONSULTANT shall be the custodian of the project CADD files and shall be responsible for their upkeep during the construction period. At the conclusion of the construction, the CONSULTANT, if requested by the COUNTY, shall revise the CADD files to reflect as-built conditions based on marked up prints, drawings, and other data furnished to the CONSULTANT. At the conclusion of construction or at the COUNTY's request, the CONSULTANT shall return all CADD files to the COUNTY for its use and file. 13.2 Engineering Assistance The CONSULTANT shall provide to the COUNTY qualified representation during the construction phase to deal with issues concerning the intent and interpretation of the construction contract plans and documents prepared in the work. Should changed conditions be encountered in the field and when requested by the COUNTY, the CONSULTANT shall respond in a timely manner with suitable engineering solutions that take into account the changed conditions. On-site appearance of the CONSULTANT shall be made during construction at the written request of the COUNTY or its designated representative. From time to time during construction, the CONSULTANT may be requested by the COUNTY or its designated representative to review contractor proposed field changes or to respond with a recommended solution to remedy particular field situations not covered by the plans and specifications. 13.3 Expert Witness Testimony The CONSULTANT shall serve as an expert witness in legal proceedings such as construction claims, if required by the COUNTY. 13.4 Review of Shop Drawings The CONSULTANT shall be responsible for the review of construction shop drawings. Shop 43 RFP 15-6471 Engineering and Design Services for LAP Funded Projects drawing reviews shall be performed in accordance with the Shop Drawing Review Procedure, Chapter 28, Florida Department of Transportation Plans Preparation Manual. 13.5 Meeting Attendance At the COUNTY’s request, the CONSULTANT shall attend any pre-construction conferences, mandatory pre-bid meetings, design-to-construction hand-off meetings or other similar meetings. 14.0 QUALITY ASSURANCE (QA) PROGRAM: 14.1 Quality Assurance Plan: Within thirty (30) days after receiving award of an Agreement, furnish a QA Plan to the County’s Project Manager. The QA Plan shall detail the procedures, evaluation criteria, and instructions of the CONSULTANT’s organization for providing services pursuant to this Agreement. Unless specifically waived, no payment shall be made until the County approves the CONSULTANT QA Plan. Significant changes to the work requirements may require the CONSULTANT to revise the QA Plan. It shall be the responsibility of the CONSULTANT to keep the plan current with the work requirements. The Plan shall include, but not be limited to, the following areas: A. Organization: A description is required of the CONSULTANT QA Organization and its functional relationship to the part of the organization perf orming the work under the Agreement. The authority, responsibilities and autonomy of the QA organization shall be detailed as well as the names and qualifications of personnel in the quality control organization. B. Quality Assurance Reviews: Detail the methods used to monitor and achieve organization compliance with Agreement requirements for services and products. C. Quality Assurance Records: Outline the types of records which will be generated and maintained during the execution of the QA program. D. Control of Subconsultants and Vendors: Detail the methods used to control subconsultant and vendor quality. E. Quality Assurance Certification: An officer of the CONSULTANT firm shall certify that the design and documentation was done in accordance with FDOT specifications, plans, standard indexes, and FDOT procedures. 14.2 Quality Records: Maintain adequate records of the quality assurance actions performed by the organization 44 RFP 15-6471 Engineering and Design Services for LAP Funded Projects (including subcontractors and vendors) in providing services and products under this Agreement. All records shall be available to the County, upon request, during the Agreement term. All records shall be kept at the primary job site and shall be subject to audit review. 15.0 AGREEMENT MANAGEMENT: 15.1 General: (1) With each monthly invoice submittal, the CONSULTANT will provide a Status Report for the Agreement. This report will provide an accounting of the additional Agreement calendar days allowed to date, an estimate of the additional calendar days anticipated to be added to the original schedule time, an estimate of the Agreement completion date, and an estimate of the CONSULTANT funds expiration date per the Agreement schedule for the prime CONSULTANT and for each subconsultant. The CONSULTANT will provide a printout from the Equal Opportunity Reporting System showing the previous month’s payments made to subconsultants. Invoices not including this required information may be rejected. (2) When the CONSULTANT identifies a condition that will require an amendment to the Agreement, the CONSULTANT will communicate this need to the County’s Project Manager for acceptance. Upon acceptance, prepare and submit an Amendment Request (AR), and all accompanying documentation to the County’s Project Manager for approval and further processing. The AR is to be submitted at such time to allow the County 12 weeks to process, approve, and execute the AR. The content and format of the AR and accompanying documentation shall be in accordance with the instructions and format to be provided by the County. (3) The CONSULTANT is responsible for performing follow-up activities to determine the status of each Amendment Request submitted to the County. 16.0 OTHER SERVICES: Upon written authorization by the County’s Project Manager, the CONSULTANT will perform additional services in connection with the project not otherwise identified in this Agreement. Compensation will be separately reimbursed by a Supplement to this Agreement. 17.0 SUSPENSION OF WORK Due to the nature of the projects contemplated by this Agreement, on occasion it may be necessary to temporarily suspend work on the assignment. In the event the COUNTY determines it is necessary to temporarily stop work on a project, the CONSULTANT agrees, upon receipt of written notice from the COUNTY’s Project Manager, to immediately suspend all work until further notice. The length of time associated with a suspended project will dictate the need to adjust the scope of services and associated fees in order to restart the project. 18.0 CONTRADICTIONS: In the event of a contradiction between the provisions of this Scope of Services and the CONSULTANT’s proposal as made a part of their Agreement, the provisions of the Scope of Services shall apply. 45 RFP 15-6471 Engineering and Design Services for LAP Funded Projects Exhibit VI Federal Provisions Professional Services FHWA 20.205 FEDERAL LAWS AND REGULATIONS Because this project activity is funded in whole or in part by the Federal Government, or an Agency thereof, Federal Law requires that the Applicant's contracts relating to the project include certain provisions. CIVIL RIGHTS COMPLIANCE The Consultant, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 200d to 200d-7 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally- assisted programs of the Department of Transportation issued pursuant to such Act, Collier County hereby notifies all consultants that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, national origin, marital status, sex, age, disability in consideration for an award. Non Discrimination : All contracts shall contain a provision requiring compliance with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits. 1. Equal Employment Opportunity: The following equal employment opportunity requirements apply to the underlying contract: a. Age: Under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107), the Consultant agrees to refrain from discrimination against present and prospective employees on the basis of age. b. Race, Color, Creed, National Origin, Sex: Per Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, the Consultant agrees to refrain from discrimination against anyone on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts. The Consultant agrees to take affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer and in such actions as recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship. c. Disabilities: The Consultant agrees that it will comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. 46 RFP 15-6471 Engineering and Design Services for LAP Funded Projects OTHER REGULATIONS Access to Documents: Consultant shall exercise best efforts to maintain communication with Applicant's personnel, whose involvement in the project is necessary for successful and timely completion of the work of the project, including but not limited to the closing of specific transactions. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. During the term of the Agreement and for the ensuing record-retention period, Consultant shall make any or all project records available upon reasonable request, and in any event within two (2) business days if requested, to Collier County, and any other agency of State or Federal government, or the duly authorized representatives of any of the foregoing, that has provided funding or oversight or the project, for the purpose of making audit, examination, excerpts and/or transcriptions. For purposes of this section, "records" means any and all books, documents, papers and records of any type or nature that are directly pertinent. Retention of Documents: Consultant shall maintain all project records for a minimum period of three (3) years from the date of the last voucher. Debarment and Suspension (E.O.s 12549 and 12689): Contract awards that exceed the small purchase threshold and certain other contract awards shall not be made to parties listed on the nonprocurement portion of the General Services Administration's List of parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, “Debarment and Suspension.” This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and Consultants declared ineligible under statutory or regulatory authority other than E.O. 12549. Consultants with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principals. Vendors submitting proposals for this purchase must attest that they, and their sub- Consultants and partners, are not excluded from receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement suspension and debarment. Consultant’s debarment and suspension status will be validated at the System for Award Management at www.sam.govand the State of Florida at http://dms.myflorida.com/business_operations/state_purchasing/ vendor information. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352): Consultants who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded up from tier-to-tier-to recipient. DBE Participation The overall goal for the Florida Department of Transportation’s (FDOT) Disadvantaged Business Enterprise (DBE) program for FHWA assisted contracts is established on a triennial basis. The overall goal for federal fiscal years 2015 – 2017 has been set at 9.91% race-neutral utilizing the methodologies described in 49 CRF Part 26. This means that the State's goal is to spend at least 9.91% of the federal aid highway dollars with Certified DBE's as prime firms or as sub-consultants/sub- Consultants. Race-neutrality means that the Department has demonstrated that the 9.91% overall goal can be achieved through the normal competitive procurement process without using DBE contract goals. 47 RFP 15-6471 Engineering and Design Services for LAP Funded Projects The County encourages DBE firms to compete for County professional services projects, and also encourages non-DBE consultants to use DBE firms as sub-consultants. However, use of DBE sub- consultants is not mandatory and no preference points will be given in the selection process for DBE participation. The CONSULTANT, sub recipient or sub-Consultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The CONSULTANT shall carry our applicable requirements of 49 CFR Part 26 in the award and administration of DOT – assisted contracts. Failure of the CONSULTANT to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the COUNTY deems appropriate. Each subcontract the CONSULTANT or its subs signs in regards to a federal aid project must include the assurance in the above paragraph (see 49 CFR 26.13(b)). The CONSULTANT and its sub- Consultants agree to comply with all applicable federal implementing regulations and other implementing requirements the Federal government may issue. Prohibited Interests “No member, officer, or employee of the County or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof.” Each subcontract the CONSULTANT or its subs signs in regards to this Contract must include the assurance in the above paragraph. Terms for Federal Aid Contracts The following terms and conditions supersede any terms and conditions under the General Conditions of this contract and/or policy and guidelines of Collier County Government for the purpose of this engagement only. The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal funds: A. It is understood and agreed that all rights of Collier County relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. B. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of U.S.Department of Transportation, anything to the contrary in this Agreement notwithstanding. C. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. D. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant r shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 48 RFP 15-6471 Engineering and Design Services for LAP Funded Projects E. Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Consultant of the Consultant’s obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. F. Information and Reports: The Consultant will provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by Collier County, Florida Department of Transportation, a Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to Collier County, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. G. Sanctions for Noncompliance: In the event of the Consultant’s noncompliance with the nondiscrimination provisions of this contract, Collier County shall impose such contract sanctions as it or the Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: 1. withholding of payments to the Consultant under the contract until the Consultant complies and/or 2. cancellation, termination or suspension of the contract, in whole or in part. H. Incorporation of Provisions: The Consultant will include the provisions of paragraphs C through I in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as Collier County, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Adminsitration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request Collier County to enter into such litigation to protect the interests of Collier County and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. I. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the 49 RFP 15-6471 Engineering and Design Services for LAP Funded Projects Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). J. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any share or part of this contract or to any benefit arising therefrom. K. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. L. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Consultant and any subconsultant or contractor. The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. M. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement. N. It is understood and agreed that if the Consultant at any time learns that the certification it provided the County in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Consultant shall provide immediate written notice to the County. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation. O. Collier County hereby certifies that neither the consultant nor the consultant's representative has been required by the County, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to: 50 RFP 15-6471 Engineering and Design Services for LAP Funded Projects 1. employ or retain, or agree to employ or retain, any firm or person or 2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind. The County further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. P. The Consultant hereby certifies that it has not: 1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above contractor) to solicit or secure this contract; 2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this contract; or 3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract. The consultant further acknowledges that this agreement will be furnished to Collier County, the State of Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal- Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. E-Verify All consultants, and their subconsultants, performing work or providing services shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired during the contract term. 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 goods/services to a public entity nor be awarded or perform work as a contractor, supplier, subcontractor, or Consultant under a contract with any public entity, and may not tran sact 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. 51 RFP 15-6471 Engineering and Design Services for LAP Funded Projects Exhibit VII Granting Agency Requirements THE FOLLOWING DOCUMENTS SHOULD BE RETURNED WITH SOLICITATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE 1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions 2. General Grant Clauses 3. Certification for Disclosure of Lobbying Activities on Federal Aid Contracts 4. Standard Form-LLL, Disclosure of Lobbying Activities Form 5. State Lobbying Form 6. Conflict of Interest Affidavit 7. Collier County DBE Participation Statement 8. Collier County Consultant Bid Opportunity List 9. Drug Free Workplace Certification 10. Truth in Negotiation Certification COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name Title Firm Street Address, City, State, Zip Signature Project Name Project Number Tax ID Number DUNS Number 03/04/2013-(2) I COLLIER COUNTY General Grant Clauses On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name ~---------------~ Authorized Signature------------------------------ Address ~--------------------------------- Solicitation Contract# ----------------~ ---------- COLLIER COUNTY Certification Regarding lobbying The undersigned ________________ (Vendor/ Contractor) certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Vendor/Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Name of Authorized Official --------------___________ Title ______________ Signature of Vendor/Contractor's Authorized Official ______________ Date 02115 R3 DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan year _________ quarter _________ e. loan guarantee date of last report ______________ f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime: Tier ______, if known : Congressional District , if known : Congressional District, if known : 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable : _____________ 8. Federal Action Number, if known : 9. Award Amount, if known : $ 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, MI ): different from No. 10a ) (last name, first name, MI ): 11. Signature: Print Name: Title: Telephone No.: _______________________ Authorized for Local Reproduction Standard Form LLL (Rev. 7-97) Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available for public inspection. required disclosure shall be subject to a not more than $100,000 for each such failure. Prime Subawardee Federal Use Only: Date: who fails to file the Any person $10,000 and than civil penalty of not less INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employeeof a Member of Congress in connection with a covered Federal action.Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,State and zip code of the reporting entity.Include Congressional District,if known.Check the appropriate classification of the reporting entity that designates if it is, or expects to be,a prime or subaward recipient.Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. COLLIER COUNTY Certification Regarding lobbying The undersigned ----------------(Vendor/ Contractor) certifies, to the best of his or her knowledge and belief, that: (1) No State appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of the Legislature, an officer or employee of the judicial branch, or an employee of a State agency in connection with the awarding of any State contract, the making of any State grant, the making of any State loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State contract, grant, loan, or cooperative agreement. (2) No grantee, nor its persons or affiliates, may employ any person or organization with funds received pursuant to any State agreement for the purpose of lobbying the Legislature, the judicial branch, or a State agency. The purpose of lobbying includes, but is not limited to, salaries, travel expenses and per diem, the cost for advertising, including production costs; postage; entertainment; and telephone and telegraph; and association dues. The provisions of this paragraph supplement the provisions of section 11.062, Florida Statutes, which is incorporated by reference into this solicitation, purchase order or contract. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The Vendor/Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this certification and disclosure, if any. of Authorized Official ___________ Title ______________ Signature of Vendor/Contractor's Authorized Official Date -------------- 02/15 R3 COLLIER COUNTY Vendor Submittal -Conflict of Interest Certification Collier County Solicitation No. I, , hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by, the conduct of this matter. Name Signature Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made: (1) to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena; (3) to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified. Unverifable statuses will require the PRIME to either proivde a revised statement or provide source documentation that validates a status. ·. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, MINORITY OR WOMEN BUSINESS ENTERPRISE? (DBE/MBE/WBE) OR HAVE A SMALL DISADVANTAGED BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS ADMINISTRATION? A SERVICE DISABLED VETERAN? IS THIS SUBMISSION A REVISION? PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT DBE? Y N MBE? Y N WBE? Y N SDB 8A? Y N IS THE ACTIVITY OF THIS CONTRACT ... CONSTRUCTION ? CONSULTATION? OTHER? Y N IF YES, REVISION NUMBER y y y N N N . . .• < • . . ·. .. .•• . . . •. .·· . • . . • • .• : . . . •. . . B. IF PRIMEHAS SUBCONTRACTOR ORSUPPUER .. WHO IS A DISAOVANJAGED l\lllNORITY, WOMEN-OWl\JED, SMA~L BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION ', " ,' , •, ' ,.,. ' , , , '/ ,, ,•. ·. ·-: DBE M/WBE VETERAN SUBCONTRACTOR OR SUPPLIER NAME TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER SPECIALTY (See Below) DOLLAR AMOUNT PERCENT OF CONTRACT DOLLARS .. . • TOTALS: ··. c. SECTIONTC>,BE CQMPl.~TE,D B'(PRIMEVENDOR/CONTRA€'1"QR . NAME OF SUBMITTER DATE TITLE OF SUBMITTER EMAIL ADDRESS OF PRIME (SUBMITTER) TELEPHONE NUMBER FAX NUMBER NOTE: This information is used to track and report anticipated DBE or MBE participation in federally-funded contracts. The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation. If and when awarded a County contract, the prime will be asked to update the information for the grant compliance files. Hispanic American HA Native American NA Subcont. Asian American SAA Asian-Pacific American APA Non-Minority Women NMW Other: not of any other group listed O D •. SECTIONTO aECQiylPLETED BY COLUER COUNTY ... i ;.> .· • .. . . DEPARTMENT NAME COLLIER CONTRACT# (IFB/RFP or PO/REQ) GRANT PROGRAM/CONTRACT ACCEPTED BY: DATE COLLIER COUNTY GRANT COMPLIANCE FORM BID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES It is the policy of Collier County that disadvantaged businesses and minority vendors, as defined in the Code of Federal Regulations (CFR) or Florida Statutes {FS), must have the o ortunit to artici ate on contracts with edera/ and/or state rant assistance. Prime Contractor/Prime Consultant: Address and Phone Number: Procurement Number/Advertisement Number: The list below is intended to be a listing of firms that are, or attempting to, participate on the project numbered above. The list must include the firm bidding or quoting as prime, as well as subs and suppliers quoting for participation. Prime contractors and consultants must provide information for Numbers 1, 2, 3, and 4; and, should provide any information they have for Numbers 5, 6, 7, and 8. This form must be submitted with the bid package. 1. Federal Tax ID Number: 6.B DBE 8. Annual Gross Receipts 2. Firm Name: Non-DBE Less than $ 1 million 3. Phone Number: Between$ 1-5 million 4. Address Between$ 5-10 million 7.B Subcontractor Between$ 10-15 million Subconsultant More than$ 15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6.B DBE 8. Annual Gross Receipts 2. Firm Name: Non-DBE Less than$ 1 million 3. Phone Number: Between$ 1-5 million 4. Address Between$ 5-10 million 7.B Subcontractor Between$ 10-15 million Subconsultant More than $ 15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6.B DBE 8. Annual Gross Receipts 2. Firm Name: Non-DBE Less than$ 1 million 3. Phone Number: Between$ 1-5 million 4. Address Between$ 5-10 million 7.B Subcontractor Between$ 10-15 million Subconsultant More than$ 15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6.B DBE 8. Annual Gross Receipts 2. Firm Name: Non-DBE Less than $ 1 million 3. Phone Number: Between $ 1-5 million 4. Address Between$ 5-10 million 7.B Subcontractor Between$ 10-15 million Subconsultant More than$ 15 million 5. Year Firm Established: COLLIER COUNTY GRANT COMPLIANCE FORM BID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES Continued 1. Federal Tax ID Number: 2. Firm Name: 3. Phone Number: 4. Address 7.E1 5. Year Firm Established: 1. Federal Tax ID Number: 2. Firm Name: 6.E1 3. Phone Number: 4. Address 7.E1 5. Year Firm Established: 1. Federal Tax ID Number: 2. Firm Name: 6.E1 3. Phone Number: 4. Address 7.E1 5. Year Firm Established: 1. Federal Tax ID Number: 6.E1 2. Firm Name: 3. Phone Number: 4. Address 7.E1 5. Year Firm Established: 1. Federal Tax ID Number: 6.E1 2. Firm Name: 3. Phone Number: 4. Address 7.E1 5. Year Firm Established: DBE Non-DBE Subcontractor Subconsultant DBE Non-DBE Subcontractor Subconsultant DBE Non-DBE Subcontractor Subconsultant DBE Non-DBE Subcontractor Subconsultant DBE Non-DBE Subcontractor Subconsultant 8. Annual Gross Receipts Less than $ 1 million Between$ 1-5 million Between $ 5-10 million Between$ 10-15 million More than$ 15 million 8. Annual Gross Receipts Less than $ 1 million Between$ 1-5 million Between$ 5-10 million Between$ 10-lS million More than$ 15 million 8. Annual Gross Receipts Less than $ 1 million Between$ 1-5 million Between$ 5-10 million Between$ 10-15 million More than$ 15 million 8. Annual Gross Receipts Less than$ 1 million Between$ 1-5 million Between$ 5-10 million Between$ 10-15 million More than$ 15 million 8. Annual Gross Receipts Less than$ 1 million Between$ 1-5 million Between$ 5-10 million Between$ 10-15 million More than $ 15 million COLLIER COUNTY Certification Regarding Drug-Free Workplace Requirements The grantee certifies that it will provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about-(1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation and employee assistance programs, and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after each conviction; (e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). Certifying Official Name Title Signature Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRUTH IN NEGOTIATION CERTIFICATION 375-030-30 PROCUREMENT 10/01 For any lump-sum or cost-plus-a-fixed-fee professional service agreement over $60,000 the Florida Department of Transportation (Department) requires the Consultant to execute this certificate and include it with the submittal of the Technical Proposal. The Consultant hereby certifies, covenants and warrants that wage rates and other factual unit costs supporting the compensation for this project's agreement will be accurate, complete, and current at the time of contracting. The Consultant further agrees that the original agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the Department determines the agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such agreement adjustments shall be made within one (1) year following the end of the agreement. For purpose of this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of the work by the Department, whichever is later. Name of Consultant By: ____________ _ Authorized Signature Date 52 RFP 15-6471 Engineering and Design Services for LAP Funded Projects EXHIBIT VIII LAP FUNDED PROJECT LIST (List is not all inclusive and are potential projects, but work not guaranteed) FPN Project/Location Description 4175405 SR 29 FROM CR 846 (AIRPORT RD) TO N. OF NEW MARKET ROAD N. ADD LANES & RECONSTRUCT 4175407 SR 29 FROM FIRST STREET TO NINTH STREET ADD LANES & RECONSTRUCT 433175 SR 82 (IMMOKALEE RD) AT CR 850 (CORKSCREW RD) ADD TURN LANES(S) 433176 PINE RIDGE RD AT VARIOUS LOCATIONS ADD TURN LANES(S) 433177 CR 886 (GOLDEN GATE) AT LIVINGSTON RD ADD TURN LANES(S) 434990 GOLDEN GATE VARIOUS LOCATIONS SIDEWALK 435029 US 41 FROM CR 846 (111TH AVE) TO n OF 91ST AVE SIDEWALK 435030 SUNSHINE BLVD FROM 17TH AVE SW TO GREEN BLVD SIDEWALK 435116 GOLDEN GATE COLLECTOR SIDEWALKS VARIOUS LOCATIONS SIDEWALK 435117 NORTH NAPLES SIDEWALKS AT VARIOUS LOCATIONS SIDEWALK 435118 CR 862 (VANDERBILT) FROM CR 901 TO GULF PAVILION DR BIKE LANE/SIDEWALK 435119 49TH TERRACE SW FROM 20TH PLACE SW TO 19TH PLACE SW SIDEWALK ADDENDUM #1 Memorandum Date: March 28, 2016 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #1 RFP 15-6471 Engineering and Design Services for LAP Funded Projects The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: To be considered for award, the firm(s) submitting as the prime Consultant must, at a minimum, be pre-qualified through the Florida Department of Transportation (hereinafter, “FDOT”) in the following work groups per Category: • 3.1 Minor Highway Design To be considered for award, the firm(s) submitting as the prime Consultant or their subconsultants must, at a minimum, be pre-qualified through the Florida Department of Transportation (hereinafter, “FDOT”) in the following work groups per Category: • 3.1 Minor Highway Design • 4.1.1 Miscellaneous Structures • 7.1 Signing, Pavement Marking, and Channelization • 7.2 Lighting • 7.3 Signalization • 8.1 Control Surveying • 8.2 Design, Right of Way, and Construction Surveying • 8.4 Right of Way Mapping • 9.1 Soil Exploration • 9.2 Geotechnical Classification Lab Testing Note: Language deleted has been struck through. New language has been underlined. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Joe Delate, Project Manager Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 FAX: (239) 252-6697 1 ADDENDUM #2 Memorandum Date: April 8, 2016 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #2 RFP 15-6471 Engineering and Design Services for LAP Funded Projects The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: The due date for this RFP has been rescheduled to until 3:00 p.m. April 14, 2016. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Joe Delate, Project Manager Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 FAX: (239) 252-6697 1 ADDENDUM #3 Memorandum Date: April 12, 2016 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #3 RFP 15-6471 Engineering and Design Services for LAP Funded Projects The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: The due date for this RFP has been rescheduled to until 3:00 p.m. April 25, 2016. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Joe Delate, Project Manager Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 FAX: (239) 252-6697 1 ADDENDUM #4 Memorandum Date: April 20, 2016 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #4: RFP 15-6471 Engineering and Design Services for LAP Funded Projects The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: The due date for this RFP has been rescheduled to until 3:00 p.m. May 5, 2016. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Joe Delate, Project Manager Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 FAX: (239) 252-6697 1 ADDENDUM #5 Memorandum Date: May 2, 2016 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #5: RFP 15-6471 Engineering and Design Services for LAP Funded Projects The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: The due date for this RFP has been rescheduled to until 3:00 p.m. on May 31, 2016. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Joe Delate, Project Manager Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 FAX: (239) 252-6697 1 ADDENDUM #6 Memorandum Date: May 23, 2016 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #6: RFP 15-6471 Engineering and Design Services for LAP Funded Projects The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: The due date for this RFP has been rescheduled to until 3:00 p.m. on June 15, 2016. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Joe Delate, Project Manager Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 FAX: (239) 252-6697 1 ADDENDUM #7 Memorandum Date: June 7, 2016 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #7: RFP 15-6471 Engineering and Design Services for LAP Funded Projects The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: The due date for this RFP has been rescheduled to until 3:00 p.m. on July 14, 2016. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Joe Delate, Project Manager Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 FAX: (239) 252-6697 1 ADDENDUM #8 Memorandum Date: July 13, 2016 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #8: RFP 15-6471 Engineering and Design Services for LAP Funded Projects The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: The due date has been extended until 3:00 pm on July 28, 2016. Note: any additions are underlined and language removed is struck-through. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Joe Delate, Project Manager Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 FAX: (239) 252-6697 1 ADDENDUM #9 Memorandum Date: July 21, 2016 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #9: RFP 15-6471 Engineering and Design Services for LAP Funded Projects The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: The due date has been extended until 3:00 pm on August 17, 2016. Note: any additions are underlined and language removed is struck-through. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Joe Delate, Project Manager Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 FAX: (239) 252-6697 1 ADDENDUM #10 Memorandum Date: August 15, 2016 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #10: RFP 15-6471 Engineering and Design Services for LAP Funded Projects The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: The due date has been extended until 3:00 pm on August 31, 2016. Note: any additions are underlined and language removed is struck-through. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Joe Delate, Project Manager Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 FAX: (239) 252-6697 1 ADDENDUM #11 Memorandum Date: August 26, 2016 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #11: RFP 15-6471 Engineering and Design Services for LAP Funded Projects The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: The due date has been extended until 3:00 pm on September 14, 2016. Note: any additions are underlined and language removed is struck-through. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Mark McCleary, Project Manager Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 FAX: (239) 252-6697 1 ADDENDUM #12 Memorandum Date: September 13, 2016 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #12: RFP 15-6471 Engineering and Design Services for LAP Funded Projects The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE: The due date has been extended until 3:00 pm on September 28, 2016. Note: any additions are underlined and language removed is struck-through. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Mark McCleary, Project Manager Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 FAX: (239) 252-6697 1 ADDENDUM #13 Memorandum Date: September 14, 2016 From: Brenda Brilhart, Procurement Strategist To: Interested Parties Subject: Addendum #13: RFP 15-6471 Design Services for LAP Funded Projects The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: REPLACE/ADD with attached forms: • Updated Truth in Negotiations Certification 375-030-30 • Updated Certification Regarding Debarment 375-030-32 • Certification for Disclosure of Lobbying Activities on Federal Aid Contracts form 375-030-33 • Disclosure of Lobbying Activities 375-030-34 • Replace Conflict of Interest Statement (2/16 revision) 375-030-50 • Bid Opportunity list. CHANGE: • DBE Participation Statement and Bid Opportunity List must be submitted on line thorough the Departments EOC system. • Update all solicitation titles and footnotes to read: RFP 15-6471 Engineering and Design Services for LAP Funded Projects. • Page 4: Clarifying the number of consultants to be awarded via this RFP. i. Exhibit 4, (page 4) 1. The first paragraph implies one contract will be awarded from this solicitation. 2. Third paragraph provides instructions for how the County will award task work orders to multiple firms. (page 4) Each assigned Task Work Order will provide a detailed Scope of Service, including project deliverables, and the time duration to complete the work. Task Work Orders will be assigned to the selected firm(s) on an alternating basis while utilizing a fair and balanced approach but may consider a firm’s specific qualifications based on the type of work requested, proximity to the project location or staffing availability at the time of the request. 3. Fifth paragraph “Detail Scope of Work” change to “one contract will be awarded”. ii. Exhibit V, (page 31) Email: BrendaBrilhart@colliergov.net Telephone: (239) 252-8446 FAX: (239) 252-6697 1 • Page 4: Brief Description of Purchase The Growth Management Division is seeking professional design services for Local Agency Program (LAP) federal aid projects. A list of these potential public works is attached as Exhibit VIII. The anticipated annual expenditures on these services will vary upon project design completion. The contract is limited to $1,500,000. • Page 4: Detailed Scope of Work – See Exhibit V The FDOT Local Agency Program (LAP), administered at the FDOT district level, is the mechanism used to complete prioritized projects from FDOT’s Five-Year Work Program (list of projects in Exhibit VIII). The projects include sidewalks, intersection improvements, median alterations, pedestrian pathways, etc. It is the intent of the County to award more than to one contract for Engineering & Design Services. • Page 5 Contract Payment - Contract work will be distributed and initiated with a Work Order. Purchase Orders will generally be issued as lump sum for design-related services and time and materials for post-design services, with a not to exceed price. • Page 9, #8 (i): The Selection Committee will rank at a minimum three (3) qualified firms in order of preference and by consensus using all information presented to the Committee, choose the top ranked firm and will subsequently enter into negotiations with the top ranked firm. Award of the contract is dependent upon the successful and full execution of a mutually agreed contract. • Page 9, #8 Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice will be posted in the lobby of the Purchasing Building not less than three (3) seven (7) working days prior to the meeting. • Page 10. #10 Proposal Selection Committee and Evaluation Factors Regarding Tie-breaker: All Committee members are encouraged to break any tied scores at the table prior to arriving at consensus. In the event this cannot be accomplished, the facilitator will revert to breaking the tie based on the evaluation criteria • Page 15: # 2: Offer Extended to Other Governmental Entities: Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. • Page 15 #4: Use of Subcontractors: Bidders on any service related project, including construction, must be qualified and directly responsible for 51% or more of the solicitation the amount for said work; or as otherwise approved by the County’s project manager prior to the execution of the work. • Page 16 # 6: Vendor Performance Evaluation The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000 (All Federal-Aid awards will be evaluated regardless of contract value). To this end, vendors will be evaluated on their performance upon each milestone completion/termination of this Agreement. • Page 15 #7: Additional items and/or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Ordinance. Proposed services must meet the original scope of work type/general scope as advertised in the solicitation. 2 • Page 16 #7: The resultant contract(s) may include purchase or work orders issued under one, or any combination of price methodologies by the County’s project manager: Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification required). • Page 16 # 8: Work Orders on Fixed Term Contracts The County reserves the right to order such services from the selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County. • Page 16 # 8: Should any project that is active on a work order extend past the contract termination date, that work order will be active and extended (with FDOT prior approval) as necessary until completion of such project. • Page 17: In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract • Page 19, #20: Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. • Collier County Government staff members are not to be contacted for references. On page 38, replace with the following: 8.3.21 Plan sets: A. Cover/Key Sheet B. General Notes C. Summary of Pay Items D. Drainage Maps (1”=200’ maximum scale, with contours) E. Typical Sections F. Summary of Quantities G. Summary of Drainage Structures (Includes invert elevations) H. Project Layout I. Plan & Profiles (1” = 20’ maximum scale) J. Driveway Profiles (1”=10’ maximum scale, H&V) K. Special Profiles (if necessary) L. Intersection Layouts (1”= 10’ maximum scale) M. Drainage Detail Sheets N. Drainage Structure Cross Section 3 O. Erosion Control Sheets (per NPDES) P. Soils Survey Data Sheets Q. Signing and Pavement Marking Plans R. Signalization Modification Plans S. Cross Sections Sheets (scale 1”=2’ or 5’ by 1”=10, 20’, 40’, 50’) T. Traffic Control Data Sheet U. Utility Adjustment Sheets (if necessary) V. Construction Standards & Details 8.3.3 Design Documentation Report: Technical criteria, strategic decisions, project influences and processes employed in the execution of project design and plans preparation are to be memorialized in a bound document submitted to the COUNTY and FDOT. The purpose is to provide a chronicle of the strategies, decision and events that lead to the preparation of the final construction documents. At a minimum, the CONSULTANT is to provide the following documentation: 8.3.3.5. Engineer’s Estimate of Probable Construction Costs and Quantity Computation The CONSULTANT will prepare preliminary estimates of probable construction costs with unit prices based on current FDOT estimates and pay items. Pay items shall match both FDOT pay item numbers and descriptions. Any special (non-FDOT) pay item numbers and descriptions shall be approved by the COUNTY. 10.4 Non-responsive Utility Owners The COUNTY shall be notified of any utility owner failing to respond to requests for design coordination by the CONSULTANT prior to the issuance of 100% plans. 12.0 60% Design Documents Submission (2 week COUNTY review / 3-4 week FDOT review) G. CADD files in either Microstation V8 or Autocad format. 12.1 90% phase submittals will be provided to the County. 12.2 100% Design Documents Submission (2 week COUNTY review /3-4 week FDOT review) J. Documented responses to 60% review comments L. CADD files in either Microstation V8 or Autocad format. 12.3 Final Deliverables (after COUNTY and FDOT have approved 100% plans) E. CADD files in either Microstation V8 or Autocad format. F. Documented responses to 100% review comments 12.4 General Phase Submission Comments All plan submittals will be printed to scale (or half-size) on 11” x 17” plan sheets. 4 Additional Comments -- Contract Review Notes: a. Article 5.2 (Page 10) i. Per 23 CFR hourly rates should not be used in design. However, the method is acceptable for specialty services in support of design (i.e. survey, geotech work). b. Article 5.5 (Page 11) i. The contract indicates that there would be a max. 5% mark-up for sub-consultant work. In order for those costs to be eligible, the consultant and agency would need to demonstrate that the costs are justified. There cannot be a blanket amount or % of money for the prime’s effort, but there can be a negotiated amount of hours (i.e. for the prime’s quality control of their sub-consultant’s submittal, for billing, etc). Note: any additions are underlined and language removed is struck-through. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Mark McCleary, Project Manager Enc: 6 5