Agenda 07/11/2017 Item #16A2607/11/2017
EXECUTIVE SUMMARY
Recommendation to approve the ranked list of design professionals pursuant to RFP No. 17-7132
“2017 Beach Renourishment Engineering” and authorize staff to negotiate a contract with the top
ranked firm CB&I Environmental & Infrastructure, Inc. for subsequent Board approval, and, if
contract negotiations are not successful with CB&I, then to authorize staff to commence contract
negotiations with the remaining ranked firm, and make a find that this item promotes tourism.
OBJECTIVE: To obtain professional engineering services for the 2017 Beach Renourishment
Engineering.
CONSIDERATIONS: Engineering services are required to obtain a Notice to Proceed from the Florida
Department of Environmental Protection (FDEP) and the United States Army Corps of Engineers
(USACE) for 2017 Beach Renourishment.
The physical beach surveys conducted in January/February 2017 indicated that the Naples Beach is in
need of renourishment in 2017. The beach width measurements and three years of advanced
renourishment placement indicated that the Naples Beach (R58A-R65) will require approximately
106,500 CY’s (cubic yards) of renourishment. South of Doctors Pass between R58A and R61 will
require approximately 89,424 CY’s of renourishment and the beach in front of the Naples Beach hotel
between markers R63 and R65 will require approximately 17,082 CY’s.
The area south of Doctors Pass (R58A-R61) will be renourished in two parts. The first will be with the
sand dredged from Doctors Pass (approximately 27,000 CY’s) and then with approximately 62,424 CY’s
of truck haul sand for a total quantity of 89,424 CY’s. The area in front of the Naples Beach hotel
between markers R63 and R65 will require approximately 17,082 CY’s and be renourished with truck
haul sand.
The scope of work the engineering consultant is required to perform is as follows:
1. Analyze recent survey data on existing beach for actual beach conditions and make
recommendations
2. Develop, plan, design, specifications, Construction Drawings, NTP documentation, bid package
and other related services as required to engineer the project utilizing a truck haul renourishment
3. Complete application for and obtain a FDEP NTP to accomplish this work
4. Estimate of most probable costs
5. Bid Package generation
6. Evaluation and Recommendation of bidders
7. Coordinate as needed to complete this project
8. Certify the project at completion
9. Time is of the essence. Engineering must be accomplished to allow beach renourishment to begin
on 11/1/2017 and be complete by 1/1/2018.
The County posted Request for Proposal (RFP) No. 17-1732, “2017 Beach Renourishment Engineering”
for the project’s design in compliance with the Consultants’ Competitive Negotiations Act (CCNA) on
April 4, 2017. The County sent out one-thousand seven hundred-twelve (1,712) notices and sixty-five
(65) firms downloaded full document packages. The County received two (2) responsive proposals by
May 8, 2017. On June 2, 2017, a five-member selection committee short-listed the two (2) firms based
on an evaluation of their technical proposals. The selection committee ranked (4-1) the firms as shown
below:
07/11/2017
Name of Firm Final Ranking
CB&I Environmental & Infrastructure, Inc. 1
Stantec 2
The top firm, CB&I Environmental & Infrastructure, Inc., is sufficiently familiar with the scope of this
project and is qualified by having performed similar work in Collier County. Staff recommends approval
of the final ranking and requests authorization to commence contract negotiations with CB&I
Environmental & Infrastructure, Inc., for this work. If contract negotiations are unsuccessful with CB&I,
staff seeks authorization to commence contract negotiations with the remaining ranked firms in order with
the objective of bringing back an acceptable negotiated contract for Board approval.
FISCAL IMPACT: There is no fiscal impact at this time. Once negotiations are completed and
approved, funding is available and budgeted in Fund 195 Tourist Development Tax to accomplish this
project.
FEDP cost share funding may be requested at a future date to reimburse Collier County for a portion of
the completed work.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
ADVISORY COMMITTEE RECOMMENDATIONS: At the June 8, 2017 Coastal Advisory
Committee (CAC) meeting this item was recommended for approval by a unanimous vote of 5 to 0.
At the June 26, 2017 Tourist Development Council (TDC) meeting this item was recommended for
approval by a unanimous vote of 9 to 0.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval. -SRT
RECOMMENDATION: To approved the ranked list of design professionals pursuant to RFP No. 17 -
7132 “2017 Beach Renourishment Engineering” and authorize staff to negotiate a contract with the top
ranked firm CB&I Environmental & Infrastructure, Inc. for subsequent Board approval, and, if contract
negotiations are not successful with CB&I, then to authorize staff to commence contract negotiations with
the remaining ranked firm, and make a find that this item promotes tourism.
Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees
and Program Management Division
ATTACHMENT(S)
1. Notice of Rec Award 17-7132 (PDF)
2. 17-7132 - Final Ranking (Step 2) (PDF)
3. 17-7132 - 2017 Beach Renourishment Engineering RFP (PDF)
07/11/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.26
Doc ID: 3319
Item Summary: Recommendation to approve the ranked list of design professionals pursuant to
RFP No. 17-7132 “2017 Beach Renourishment Engineering” and authorize staff to negotiate a contract
with the top ranked firm CB&I Environmental & Infrastructure, Inc. for subsequent Board approval, and,
if contract negotiations are not successful with CB&I, then to authorize staff to commence contract
negotiations with the remaining ranked firm, and make a find that this item promotes tourism.
Meeting Date: 07/11/2017
Prepared by:
Title: Accountant – Capital Project Planning, Impact Fees, and Program Management
Name: Gail Hambright
06/06/2017 9:12 AM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
06/06/2017 9:12 AM
Approved By:
Review:
Procurement Services Barbara Lance Level 1 Purchasing Gatekeeper Completed 06/06/2017 9:43 AM
Zoning Gary McAlpin Additional Reviewer Completed 06/06/2017 9:54 AM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 06/06/2017 1:05 PM
Procurement Services Ted Coyman Additional Reviewer Completed 06/07/2017 11:58 AM
Capital Project Planning, Impact Fees, and Program Management Tara Castillo Additional Reviewer Completed 06/08/2017 12:41 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 06/13/2017 11:12 AM
Growth Management Operations Support Gail Hambright Additional Reviewer Skipped 06/14/2017 2:16 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 06/14/2017 3:37 PM
Growth Management Department Gail Hambright Level 2 Division Administrator Skipped 06/06/2017 9:09 AM
Growth Management Department James French Additional Reviewer Completed 06/14/2017 3:46 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 06/14/2017 4:02 PM
Grants Edmond Kushi Level 2 Grants Review Completed 06/14/2017 4:05 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/16/2017 2:00 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/21/2017 10:52 AM
07/11/2017
Budget and Management Office Ed Finn Additional Reviewer Completed 06/21/2017 2:39 PM
Grants Therese Stanley Additional Reviewer Completed 07/05/2017 9:34 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/05/2017 11:36 AM
Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM
Date: 6/2/2017
Collier CoNnty
Administrative Services Department
Procurement Services Derision
Notice of Recommended Award
Solicitation: 17-7132 Title: 2017 Beach Renourishment Engineering
Due Date and Time: 5/3/2017
Respondents:
Company Name
City
County
State
Bid Amount
Responsive/Responsible
CB&I Environment and
Infrastructure
Boca Raton
Palm Beach
FL
NA
Yes
Stantec
Naples
Collier
FL
NA
Yes
Utilized Local Vendor Preference: Yes = No
Recommended Vendor(s) For Award:
That the BCC approves the ranking of CBI #1, and Stantec #2, and allows for negotiation to commence with the
top ranked firm, CB&I.
Project Manager: Gary McAlpin;
Required Signatures
Procurement Strategist: Adam Northrup;
P ur ent ervices 'rector:
�Z S- 90/
Edward F. Coyman Jr. Date
Page 1 of 1
Selection Committee
Final Ranking Sheet (Step 2)
RFP #: 17-7132
Title: 2017 Beach Renourishment Engineering
Name of Firm Eddie
Chesser
Gary
McAlpin Claude Nesbitt Clint
Perryman Chad Sweet Final
Total
Final
Ranking
CB&I Environement and Infrastructure 1 1 1 1 2 6 1.00
Stantec 2 2 2 2 1 9 2.00
Procurement Professional
Step 1: Upon direction by the Procurement professional, the individual selection committee member should provide their final ranking of the
proposals.
Step 2: The rankings of each committee member will be added together. The Firm with the lowest total shall be the number one (1) ranked firm.
The firm with the second lowest total shall be the number tow (2) ranked firm, and so on.
Step 3: The County will enter in to negotiations with the top ranked firm. If negotiations with that firm are not successful, the County will move on
to negotiations with the second ranked firm, and so on, in accordance with Florida Statute 287.055 Consultants Competitive Negotiation Act.
CCNA (Revision 06132016
REQUEST FOR PROFESSIONAL
SERVICES (RPS)
In accordance with Florida Statute 287.055, Consultants’ Competitive Negotiation
Act.
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Grant Funded RPS Solicitation
(CSFA 37.003/CFDA 97.036)
17-7132 – 2017 Beach Renourishment
Engineering
Adam Northrup, Procurement Strategist
(239) 252-6098 (Telephone)
(239) 252-6302 (Fax)
Adamnorthrup@colliergov.net (Email)
This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this
document made by the Consultant may be grounds for rejection of proposal, cancellation of any
subsequent award, or any other legal remedies available to the Collier County Government.
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
2
Table of Contents
LEGAL NOTICE ......................................................................................................................... 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ...................... 4
EXHIBIT II: GENERAL RPS INSTRUCTIONS ........................................................................... 8
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ................12
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RPS ...........................................15
ATTACHMENT 1: CONSULTANT’S NON-RESPONSE STATEMENT ......................................24
ATTACHMENT 2: CONSULTANT CHECK LIST .......................................................................25
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ........................................................26
ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT ............................................27
ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION ..............................................29
ATTACHMENT 6: CONSULTANT SUBSTITUTE W – 9 ............................................................30
ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS ........................................31
VENDOR SUBMITTAL – CONFLICT OF INTEREST CERTIFICATION ....................................42
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
3
Legal Notice
Pursuant to approval by the County Manager, Sealed Proposals to provide Engineering
Services will be received until 3:00PM, Naples local time on 5/03/2017. All Proposals must
be submitted electronically on the County’s on-line bidding system:
www.colliergov.net/bid
RPS Solicitation
17-7132 – 2017 Beach Renourishment Engineering
Services to be provided may include, but not be limited to the following:
Perform all permitting and design activities to obtain an FDEP and USACE Notice to Proceed for the
renourishment of various Collier County Beaches.
A pre-proposal conference is not applicable for this solicitation.
All statements should be made upon the official proposal form which must be obtained only on
the Collier County Procurement Services 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/ Edward F. Coyman, Jr.
Director, Procurement Services
Division
This Public Notice was posted on the Collier County Procurement Services Division website:
www.colliergov.net/purchasing and in the Lobby of Procurement Services Division Building "G",
Collier County Government Center on 04/04/2017.
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
4
Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Coastal Zone Management Division (hereinafter, the “Division or
Department”), the Collier County Board of County Commissioners Procurement Services
Division (hereinafter, “County”) has issued this Request for Professional Services (hereinafter,
“RPS”) 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 Specif ications or Scope of Work stated.
Brief Description of Purchase
Collier County Coastal Zone Management Division is soliciting for a design firm to p erform all
permitting and design activities to obtain an FDEP and USACE Notice to Proceed for a truck
haul beach renourishment project within Collier County in the fall of 2017 utilizing the existing 15
year Joint Coastal Permit (JCP). A limited amount of coordination with the dredging consultant
from Doctors Pass will also be included in the resulting contract.
Background Information
The physical beach surveys conducted in January/February 2017 indicated that the Naples
beach is in need of renourishment in 2017. The beach width measurements and three years of
advanced renourishment placement was included in the calculations and indicate the following:
• Naples Beach will require approximately 106,500 CY’s (cubic yards) of renourishment at
two locations.
• South of Doctors Pass between R58A and R61 will require approximately 89,424 CY’s of
renourishment.
• The beach in front of the Naples Beach hotel between markers R63 and R65 will require
approximately 17,082 CY’s.
• The area south of Doctors Pass will be renourished with approximately 27,000 CY’s of
material dredged from Doctors Pass and approximately 62,424 CY’s from a truck haul
renourishment for a total quantity of 89,424 CY’s.
Detailed Scope of Work
It is the intent of the County to perform beach renourishment activities after turtle nesting
season is complete beginning November 1, 2017.
Services requested under an awarded contract may include but are not limited to the following:
• Analyze recent survey data on existing beach for actual beach conditions and make
recommendations.
• Develop plan, design, specifications, Construction Drawings, NTP documentation, bid
package and other related services as required to engineer the project utilizing a truck
haul renourishment.
• Make application for and obtain a FDEP NTP to accomplish this work.
• Estimate of Most Probable Costs.
• Bid Package generation.
• Evaluation and recommendation of bidders.
• Coordinate as needed to complete this project.
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
5
• Certify the project at completion
Term of Contract
The contract term, if an award(s) is/are made is intended to be for current needs only.
Surcharges will not be accepted in conjunction with this contract, and such charges should
be incorporated into the pricing structure.
Projected Solicitation Timetable
The following projected timetable should be used as a working guide for planning purposes
only. The County reserves the right to adjust this timetable as required during the course of
the RPS process.
Event Date
Issue Solicitation Notice 04/04/2017
Last Date for Receipt of Written Questions 04/26/2017; 3:00PM
Solicitation Deadline Date and Time 05/03/2017; 3:00PM
Anticipated Evaluation of Submittals May 2017
Consultant Presentations if Required May 2017
Anticipated Completion of Contract Negotiations May 2017
Anticipated Board of County Commissioner’s Contract
Approval Date
June 2017
Response Format
The Consultant understands and agrees to abide by all of the RPS specifications,
provisions, terms and conditions of same, and all ordinances and policies of Collier County.
The Consultant further agrees that if the contract is awarded the work will be performed in
accordance with the provisions, terms and conditions of the contract.
To facilitate the fair evaluation and comparison of proposals, all proposals must conform to
the guidelines set forth in this RPS.
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 Consultant’s approach and ability to meet the County’s needs, as stated in
the RPS. All proposals should be presented as described in the RPS in PDF or Microsoft
Word format with Tabs clearly marked.
The items listed below are to be submitted with each proposal and submitted 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.
1. Tab I, Cover Letter / Management Summary (5 Points)
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
6
In this tab:
• 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 RPS.
• Provide details of unique benefits that the firm offers on this project.
• Describe how your firm will meet the specific needs of the County.
2. Tab II, Firm Credentials and Experience (35 Points)
In this tab, include:
• Provide a “not to exceed” two page “Firm Credential and Experience” narrative that
identifies and highlights the firms credentials and experience relative to JCP multi-
year beach renourishment permitting, success and cost effectiveness.
• Provide the resumes of key individual and qualifying experience relative to major
beach renourishment JCP permitting that are available resources and assigned to
this project.
• Provide information that documents Consultant’s and any suggested subcontractors
qualifications to perform a beach renourishment project such as this, include,
including abilities, capacity, skill, and financial strength, and number of years of
experience in providing the required services.
3. Tab III, Discipline Experience (30 Points)
In this tab, include:
• Provide a list of projects that includes sufficient detailed description that outlines the
firms experience in JCP multi-year beach renourishment permitting, success and
cost effectiveness.
• Describe how your firm plans to take on this contract while balancing work from other
clients.
• Provide details of risks that may be associated with the project and how the firm may
overcome those risks.
• Provide three (3) references from previous dredging projects in the last ten (10)
years. Include contact name, company address, phone, email description of specific
project your firm completed, and any other relevant information.
• Detailed plan of approach (including major tasks and sub-tasks).
• Detailed time line for completion of the project.
• Include with the Business Plan or as an attachment, a copy of a report as an
example of work product. This should be for one of the projects listed as a reference.
4. Tab IV, Firm’s Location, Availability and Responsiveness (30 Points)
In this tab, include:
• Provide a “not to exceed” two page narrative that identifies demonstrated
responsiveness to county needs; availability of resources and identification of firm
location.
• Description of the proposed contract team and the role to be played by each member
of the proposed team.
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
7
• Describe the various team members’ successful experience in working with one
another on previous projects.
• Provide the resumes of key individual and qualifying experience relative to dredging
that are available resources and assigned to this project. Include details of unique
benefits that the firm offers on this project.
• Attach resumes of any sub-consultants. If sub-consultants are being utilized, letters
of intent from stated sub-consultants must be included with proposal submission.
5. Tab VI, Acceptance of Conditions
Indicate any exceptions to the general terms and conditions of the RPS, and to
insurance requirements or any other requirements listed in the RPS. 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.
6. Tab VII, Required Form Submittals
• Attachment 2: Consultant Checklist
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Consultant Declaration Form’
• Attachment 5: Immigration Affidavit and company’s E-Verify profile page and
memorandum of understanding
• Attachment 6: Consultant Substitute W9
• Attachment 7: Insurance Requirements
• Other: Licenses, Certifications, etc.
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
8
Exhibit II: General RPS Instructions
1. Questions
Direct questions related to this RPS to the Collier County Procurement Services 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 Services 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 the RPS 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 RPS. Only written responses to written
questions will be considered official, and will be included as part of the RPS 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 RPS
Proposals must be in strict compliance with this RPS. Failure to comply with all provisions of
the RPS may result in disqualification.
4. Ambiguity, Conflict, or Other Errors in the RPS
It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity,
conflict, discrepancy, omission or other error in the RPS, to immediately notify the
Procurement Strategist, noted herein, of such error in writing and request modification or
clarification of the document prior to submitting the proposal. The Procurement Strategist will
make modifications by issuing a written revision and will give written notice to all parties who
have received this RPS from the Procurement Services 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 RPS, 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 submitted electronically on the County’s online bidding system:
www.colliergov.net/bid before 3:00PM, Naples local time, on or before 05/03/2017.
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
9
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 2008-08 establishing and adopting
the Collier County Procurement Ordinance. If the County receives proposals from less
than three (3) firms, the Procurement Director shall review all the facts and determine if it is
in the best interest of the County to solicit additional proposals or request that the Selection
Committee rank order the received proposals.
The County may, as it deems necessary, conduct discussions with qualified 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.
9. Evaluation of Proposals
Collier County will evaluate and select these Services in accordance with Florida Statute 287.055,
Consultants’ Competitive Negotiation Act.
The County’s procedure for selecting is as follows:
1. The County Manager or designee shall appoint a selection committee to review all
proposals submitted.
2. The Request for Professional Services is issued.
3. Subsequent to the receipt closing date for the proposals, the Procurement
professional will review the proposals received and verify each proposal to determine
if it minimally responds to the requirements of the published RPS.
4. Selection committee meetings will be open to the public and the Procurement
professional will publicly post prior notice of such meeting(s) in the lobby of the
Procurement Services Division Building and on the County’s Procurement Services
Internet site.
5. Prior to the first meeting (Organization Meeting) of the selection committee, the
Procurement professional will post a notice announcing the date, time and place of
the meeting at least three (3) working days prior to the meeting. At the initial
organization meeting, the selection committee members will receive instructions, the
submitted proposals, and establish the next selection committee meeting date and
time. After the first meeting, the Procurement professional will publically announce
all subsequent committee meeting dates and times. The subsequent meeting dates
and times will be posted with at least one (1) day advanced notice.
6. At the beginning of the selection committee discussion, members of the public will be
offered an opportunity (not to exceed three (3) minutes) to provide comments.
7. Selection committee members will independently review and score each proposal
based on the evaluation criteria stated in the Request for Professional Services using
the Individual Selection Committee Score and Rank Form and prepare comments for
discussion at the next meeting. The Individual Selection Committee Score Form is
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
10
merely a tool to assist the selection committee member in their review of the
proposals.
8. At the scheduled selection meeting, the members will present their independent
findings / conclusions / comments based on their reading and interpretation of the
materials presented to each other, and may ask questions of one another.
9. At the conclusion of the discussion, the selection committee members will announce
their scores of the proposers. Collier County selection committee members may
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, clarification of proposer
information, public comments, and/or additional credit information.
10. The Procurement professional will record individual scores on the preliminary scoring
Sheet which will mathematically compile into an overall preliminary committee rank
of proposers.
11. Selection committee will then, by consensus, determine how many proposers to
bring back for oral presentations.The members may consider any and all information
obtained through this method in formulating their individual ranking and subsequent
selection committee overall ranking and final ranking.
12. The selection committee’s overall rank of firms in order of preference (from highest
beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the
Procurement Strategist. By final consensus, and having used all information
presented (proposal, presentation, references, etc.), the selection committee
members will create a final ranking and staff will subsequently enter into
negotiations. Award of the contract is dependent upon the successful and full
execution of a mutually agreed contract, pending the final approval by the Board of
County Commissioners.
The County reserves the right to withdraw this RPS 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.
10. References
The County reserves the right to contact any and all references submitted as a result of this
solicitation.
11. Proposal Selection Committee and Evaluation Factors
The County Manager or designee will appoint a Selection Committee to review all proposals
submitted. The factors to be considered in the evaluation of proposal responses are listed
below.
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
11
Tab I, Cover Letter / Management Summary 5 Points
Tab II, Business Plan 30 Points
Tab III, Experience and Capacity of the Firm 35 Points
Tab IV, Specialized Expertise of Team Members 30 Points
TOTAL 100 Points
Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with
the lower volume of work previously awarded. Volume of work shall be calculated based
upon total dollars paid to the proposer in the twenty-four (24) months prior to the RFP
submittal deadline. Payment information will be retrieved from the County’s financial system
of record. The tie breaking procedure is only applied in the final ranking step of the selection
process. In the event a tie still exists, selection will be determined based on random
selection by the Procurement Services Director before at least three (3) witnesses.
12. Acceptance or Rejection of Proposals
The right is reserved by the County to waive any irregularities in any proposal, to reject any
or all proposals, to re-solicit for proposals, if desired, and upon recommendation and
justification by Collier County to accept the proposal which in the judgment of the County is
deemed the most advantageous for the public and Collier County. 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 Consultant, or their refusal to enter into
the Collier County contract, the County reserves the right to accept the proposal of any other
Consultant or to re-advertise using the same or revised documentation, at its sole discretion.
13. Reserved Rights
Collier County reserves the right in any solicitation to accept or reject any or all bids,
proposals or offers; to waive minor irregularities and technicalities; or to request
resubmission. Also, Collier County reserves the right to accept all or any part of any bid,
proposal, or offer, and to increase or decrease quantities to meet additional or reduced
requirements of Collier County. Notwithstanding any other provisions of this Article, if none
or only one responsive and responsible bid or proposal is received following any solicitation,
the County Manager, or designee, reserves the right to reject all bids, proposals or offers
and to negotiate with any responsible providers to secure the best terms and conditions in
the sole interest of the County unless otherwise provided by law.
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
12
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 communication 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 must 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.
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
13
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 its business.
By way of non-exhaustive example, this shall
include the American with Disabilities Act and all
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
14
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.
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
15
Exhibit IV: Additional Terms and Conditions for RPS
1. Insurance and Bonding Requirements
The Consultant shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in the Insurance and
Bonding attachment of this solicitation. The Consultant 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 Consultant waive against each other and the County’s separate Consultants,
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 Consultant and County shall, where appropriate, require
similar waivers of subrogation from the County’s separate Consultants, 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 Consultant to meet the requirements of this solicitation
shall name Collier County, Florida, as an additional insured as to the operations of Consultant
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
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. The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set
forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms
and endorsements or their equivalents. If Consultant has any self-insured retentions or
deductibles under any of the below listed minimum required coverage, Consultant must identify
on the Certificate of Insurance the nature and amount of such self- insured retentions or
deductibles and provide satisfactory evidence of financial responsibility for such obligations. All
self-insured retentions or deductibles will be Consultant’s sole responsibility.
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 Consultant 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 Consultant. The
Consultant shall also notify the County, in a like manner, within twenty-four (24) hours after
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
16
receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or
limits received by Consultant from its insurer and nothing contained herein shall relieve Consultant
of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy
to be provided by Consultant hereunder, Consultant shall immediately take steps to have the
aggregate limit reinstated to the full extent permitted under such policy.
Should at any time the Consultant 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 Consultant for such coverage(s) purchased. If Consultant fails to
reimburse the County for such costs within thirty (30) days after demand, the County has the right
to offset these costs from any amount due Consultant under this Agreement or any other
agreement between the County and Consultant. 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 Consultant 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 Consultant 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 Consultant extending the pricing, terms
and conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful Consultant.
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 Procurement Ordinance.
4. County’s Right to Inspect
The County or its authorized Agent shall have the right to inspect the Consultant’s facilities/project
site during and after each work assignment the Consultant is performing.
5. 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.
6. Additional Terms and Conditions of Contract
Collier County has developed standard contracts/agreements, approved by the Board of County
Commissioners (BCC). The selected Consultant shall be required to sign a standard Collier
County contract within twenty one (21) days of Notice of Selection for Award.
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
17
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 Vendor / Contractor the return of any
surplus assets, including materials, supplies, and equipment associated with the scope or work.
7. Public Records Compliance
Florida Public Records Law Chapter 119, including specifically those contractual requirements in
119.0701(2)(a)-(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency’s custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the Contractor does not
transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency’s custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
8. 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.
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
18
Invoices shall be sent to:
Board of County Commissioners
Clerk’s Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk@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 t o 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.
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
19
9. Environmental Health and Safety
All Consultants and Sub Consultants 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. Consultants
and Sub Consultants shall be responsible for the safety of their employees and any unsafe acts or
conditions that may cause injury or damage to any persons or property within and around the work
site. All firewall penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County
facility, property and/or right-of-way for the purpose of inspection of any Consultant’s work
operations. This provision is non-negotiable by any department and/or Consultant.
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.
10. Licenses
The Consultant 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 Consultant to submit the required
documentation may be grounds to deem Consultant non-responsive. A Consultant, 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.
11. Survivability
Bids (ITBs/RPSs): The Consultant/Contractor/Vendor agrees that any Work Order/Purchase
Order that extends beyond the expiration date of Solicitation 17-7132 resultant of this solicitation
will survive and remain subject to the terms and conditions of that Agreement until the completion
or termination of any Work Order/Purchase Order.
12. Principals/Collusion
By submission of this Proposal the undersigned, as Consultant, does declare that the only person
or persons interested in this Proposal as principal or principals is/are named therein and that no
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
20
person other than therein mentioned has any interest in this Proposal or in the contract to be
entered into; that this Proposal is made without connection with any person, company or parties
making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud.
13. Relation of County
It is the intent of the parties hereto that the Consultant shall be legally considered an independent
Consultant, and that neither the Consultant 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 Consultant, their employees or agents, resulting
in either bodily or personal injury or property damage to any individual, firm, or corporation.
14. Termination
Should the Consultant be found to have failed to perform 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. In the event that the award of this solicitation is made by the
Procurement Services Director, the award and any resultant purchase orders may be terminated
at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant
to the Board’s Procurement Ordinance.
15. Lobbying
After the issuance of any solicitation, no current or prospective vendor or any person acting on
their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with
any Collier County employee or elected or appointed official, other than the Procurement Services
Director or his/her designees. This prohibition ends upon execution of the final contract or upon
cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County
employee or elected or appointed official while a solicitation is open or being recommended for
award (i) may be deemed ineligible for award of that solicitation by the Procurement Services
Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty-eight of
County Ordinance 2017-08.
16. Certificate of Authority to Conduct Business in the State of Florida (FL 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.
17. Single Proposal
Each Consultant must submit, with their proposal, the required forms included in this RPS. 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 RPS. If a legal entity is
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
21
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 RPS. All
submittals in violation of this requirement will be deemed non-responsive and rejected from further
consideration.
18. Protest Procedures
With respect to a protest of the terms, conditions and specifications contained in a solicitation,
including any provisions governing the methods for evaluation of bids, proposals or replies,
awarding contracts, reserving rights for further negotiation or modifying or amending any contract,
the protesting party shall file a notice of intent to protest within three (3) days, excluding weekends
and County holidays, after the first publication, whether by posting or formal advertisement of the
solicitation. The formal written protest shall be filed within five (5) days of the date the notice of
intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the
information required for the Procurement Services Director, to render a decision on the formal
protest and determine whether postponement of the bid opening or proposal/response closing
time is appropriate. The Procurement Services Director's decision shall be considered final and
conclusive unless the protesting party files an appeal of the Procurement Services Director's
decision.
Any actual bidder or respondent to who desires to protest a recommended contract award shall
submit a notice of intent to protest to the Procurement Services Director within three (3) calendar
days, excluding weekends and County holidays, from the date of the initial posting of the
recommended award.
All formal protests with respect to a recommended contract award shall be submitted in writing to
the Procurement Services Director for a decision. Said protests shall be submitted within five (5)
calendar days, excluding weekends and County holidays, from the date that the notice of intent to
protest is received by the Procurement Services Director, and accompanied by the required fee.
Complete form and instructions for formal protest are set forth in Section 23 of Collier County
Ordinance 2017-08. The protesting party must have standing as defined by established Florida case
law to maintain a protest.
19. Public Entity Crime
A person or affiliate who has been placed on the convicted Consultant 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 Consultant list.
20. Security and Background Checks
The Contractor is required to comply with County Ordinance 2004-52, as amended. Background
checks are valid for five (5) years and the Contractor shall be responsible for all associated costs.
If required, Contractor shall be responsible for the costs of providing background checks by the
Collier County Facilities Management Division for all employees that shall provide services to the
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
22
County under this Agreement. This may include, but not be limited to, checking federal, state and
local law enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records. Contractor shall be
required to maintain records on each employee and make them available to the County for at least
four (4) years.
All of Contractor’s employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and properties.
Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed
each year at no cost to the Contractor during the time period in which their background check is
valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s
business.
The Contractor shall immediately notify the Collier County Facilities Management Division via e-
mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates
from their employment. This notification is critical to ensure the continued security of Collier
County facilities and systems. Failure to notify within four (4) hours of separation may result in a
deduction of $500 per incident.
CCSO requires separate fingerprinting prior to work being performed in any of their locations.
This will be coordinated upon award of the contract. If there are additional fees for this process,
the vendor is responsible for all costs..
21. Conflict of Interest
Consultant shall complete the Conflict of Interest Affidavit included as an attachment to this RPS
document. Disclosure of any potential or actual conflict of interest is subject to County staff review
and does not in and of itself disqualify a firm from consideration. These disclosures are intended
to identify and or preclude conflict of interest situations during contract selection and execution.
22. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan,
fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III,
Florida 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, RPS, and/or quotes; and, c. immediate termination of any contract held by the
individual and/or firm for cause.
23. Immigration Law Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides
an Internet-based means of verifying employment eligibility of workers in the United States; it is
not a substitute for any other employment eligibility verification requirements. The program will be
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
23
used for Collier County formal Invitations to Bid (ITB) and Request for Professional Services
(RPS) 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
Consultants / 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 Consultant’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.
Consultants are also required to provide the Collier County Procurement Services Division an
executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached
to the solicitation documents. If the Bidder/Consultant does not comply with providing the
acceptable E-Verify evidence and the executed affidavit the bidder’s / Consultant’s
proposal may be deemed non-responsive.
Additionally, Consultants shall require all subcontracted Consultants 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 Consultant’s
responsibility to familiarize themselves with all rules and regulations governing this program.
Consultant 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.
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
24
Attachment 1: Consultant’s Non-Response Statement
The sole intent of the Collier County Procurement Services Division is to issue solicitations that are
clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for
prospective Consultants not wishing to respond to this solicitation. If your firm is not responding to
this RPS, please indicate the reason(s) by checking the item(s) listed below and return this form via
email or fax, noted on the cover page, or mail to Collier County Government, Procurement Services
Division, 3327 Tamiami Trail E, Naples, FL 34112.
We are not responding to CCNA Solicitation 17-7132 – 2017 Beach Renourishment Engineering
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 _____________
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
25
Attachment 2: Consultant Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces
indicated and return with your Proposal.
Consultant should check off each of the following items as the necessary action is completed:
The Proposal has been signed.
All applicable forms have been signed and included, along with licenses to complete the
requirements of the project.
Any addenda have been signed and included.
Copies of Engineering License.
Three (3) references from the last 10 years.
Name of Firm:
________________________________________________________
Address:
________________________________________________________
City, State, Zip:
________________________________________________________
Telephone:
________________________________________________________
Email:
________________________________________________________
Representative Signature:
________________________________________________________
Representative Name:
________________________________________ Date ___________
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
26
Attachment 3: Conflict of Interest Affidavit
The Consultant certifies that, to the best of its knowledge and belief, the past and current work on any
Collier County project affiliated with: 17-7132 – 2017 Beach Renourishment Engineering does not
pose an organizational conflict as described by one of the three categories below:
Biased ground rules – The firm has not set the “ground rules” for affiliated past or current Collier
County project identified above (e.g., writing a procurement’s statement of work, specifications, or
performing systems engineering and technical direction for the procurement) which appears to
skew the competition in favor of my firm.
Impaired objectivity – The firm has not performed work on an affiliated past or current Collier
County project identified above to evaluate proposals / past performance of itself or a competitor,
which calls into question the contractor’s ability to render impartial advice to the government.
Unequal access to information – The firm has not had access to nonpublic information as part
of its performance of a Collier County project identified above which may have provided the
contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and
contracts.
In addition to this signed affidavit, the contractor / consultant must provide the following:
1. All documents produced as a result of the work completed in the past or currently being
worked on for the above mentioned project; and,
2. Indicate if the information produced was obtained as a matter of public record (in the
“sunshine”) or through non-public (not in the “sunshine”) conversation (s), meeting(s),
document(s) and/or other means.
Failure to disclose all material or having an organizational conflict in one or more of the three
categories above be identified, may result in the disqualification for future solicitations affiliated with
the above referenced project(s).
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
project identified above has been fully disclosed and does not pose an organizational conflict.
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 Commission Expira tion
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
27
Attachment 4: Consultant Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: CCNA Solicitation: 17-7132 – 2017 Beach Renourishment Engineering
Dear Commissioners:
The undersigned, as Consultant declares that this proposal is made without connection or
arrangement with any other person and this proposal is in every respect fair and made in good faith,
without collusion or fraud.
The Consultant 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 Consultant states that the
proposal is based upon the proposal documents listed by the above referenced CCNA Solicitation.
Further, the consultant agrees that if awarded a contract for these services, the consultant will
not be eligible to compete, submit a proposal, be awarded, or perform as a sub-consultant for
any future design associated with work that is a result of this awarded contract.
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:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document
Number
Telephone:
FAX:
Signature by:
(Typed and written)
Title:
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
28
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:
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
29
Attachment 5: Immigration Affidavit Certification
CCNA Solicitation: 17-7132 – 2017 Beach Renourishment Engineering
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 Professional Services (RPS) submittals. Further,
Consultants / 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 Consultant’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 Consultant / Bidder’s proposal as non-responsive.
Collier County will not intentionally award County contracts to any Consultant 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 Consultant 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.
Consultant attests that they are fully compliant with all applicable immigration laws (specifically to the 1986
Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum
of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification
System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security
Administration at the time of submission of the Consultant’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 her ein, the truth and
accuracy of this affidavit to interrogatories hereinafter made.
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
30
Attachment 6: Consultant Substitute W – 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the
following information for tax reporting purposes from individuals and companies who do business with the
County (including social security numbers if used by the individual or company for tax reporting
purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for
collecting this information, which will be used for no other purpose than herein stated. Please complete all
information that applies to your business and return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name ________________________________________________________________________________
(as shown on income tax return)
Business Name ________________________________________________________________________________
(if different from taxpayer name)
Address ____________________________________ City ______________________________________________
State ______________________________________ Zip______________________________________________
Telephone __________________ FAX ______________________ Email _________________________________
Order Information
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) _______________________________________________________________
(Consultants who do not have a TIN, will be required to provide a social security number prior to an award ).
4. Sign and Date Form: Certification: Under penalties of perjury, I certify that the information shown on this form is correct to
my knowledge.
Signature ___________________________________________________________
Date _________________________________
Title _______________________________________________________________
Phone Number ________________________
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
31
.
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 incl ude 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 $ 500,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included. The State of
Florida, the Department, and the State of Florida Board of
Trustees of the Internal Improvement Trust Fund, must be
named as "ADDITIONAL INSURED" on the Insurance Certificate.
5. Other insurance as
noted:
Watercraft $ 300,000 Per
Occurrence
United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work .
$ 300,000 Per
Occurrence
Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ 300,000 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
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
32
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
Employee Dishonesty / Crime $__________ Per
Occurrence
Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss
Payee endorsement naming Collier County.
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. Consultant shall ensure that all subcontractors comply with the same
insurance requirements that he is required to meet. The same Consultant shall
provide County with certificates of insurance meeting the required insurance
provisions.
9. Collier County, the State of Florida, the Department, and the State of
Florida Board of Trustees of the Internal Improvement Trust Fund, 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.
RLC 3/22/2017
__________________________________________________________________________________
_____
Consultant’s Insurance Statement
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
33
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
____________________________
Consultant
Signature
_________________________________________________________________________
Print Name
_________________________________________________________________________
Insurance
Agency
_________________________________________________________________________
Agent Name
_______________________________________ Telephone Number
_________________
RPS Template_11032016
17-7132 – 2017 Beach Renourishment Engineering
34
Attachment 8: See attached document titled:
“17-7132 – Beach Preliminary Plans”
Attachment 9
Supplemental General Grant Terms and Conditions CSFA 37.003/CFDA 97.036
Est 02/15 R4
The supplemental conditions contained in this section are intended to cooperate with, to supplement,
and to modify the general conditions and other specifications. In cases of disagreement with any other
section of this contract, the Supplemental Conditions shall govern.
Flow Dow n of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a cop y of the
signed subcontract must be forwarded to the Department for review and approval. The vendor
agrees to include in the subcontract that (1) the subcontractors is bound by the terms of this
Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and
(iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever
nature arising out of the subcontractor’s performance of work under this Agreement, to the extent
allowed and required by law. The recipient shall document in the quarterly report the subcontractor’s
progress in performing its work under this agreement. For each subcontract, the Recipient shall
provide a written statement to the Department as to whether the subcontractor is a minority vendor as
defined in Section 288.703, Fla. Stat.
Attachment 9:
Supplemental General Grant Terms and Conditions CSFA 37.003/CFDA 97.036
36
02/15 R4
1. Conflict of Interest - This Contract/Work Order is subject to chapter 112, F.S. The vendor shall
disclose the name of any officer, director, employee, or other agent who is also an employee of the State.
Grantee shall also disclose the name of any State employee who owns, directly or indirectly, more than a five
percent (5%) interest in the Contractor’s company or its affiliates.
2. Discriminatory Vendors – (1) No person, on the grounds of race, creed, color, religion, national origin,
age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be
otherwise subjected to discrimination in performance during the term of the contract. (2) Contractor shall
disclose if they appear on the discriminatory vendor list. An entity or affiliate placed on the discriminatory
vendor list pursuant to section 287.134, F.S. may not: 1) Submit a bid on an agreement to provide any goods
or services to a public entity; 2) Submit a bid on an agreement with a public ent ity for the construction or repair
of a public building or public work; 3)Submit bids on leases of real property to a public entity; or 4) Be awarded
or perform work as a consultant under an agreement with any public entity; or transact business with any
public entity.
3. Lobbying - No funds received pursuant to this Agreement may be expended for lobbying the Federal
or State Legislature, the judicial branch, or a federal or state agency. The bidder or offeror certifies by signing
and submitting this bid or proposal, 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 Bidder or Offeror, 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 influencing or attempting to influence 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. (3)
The undersigned shall require that the language of this certification be included in the award documents for all
sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative
agreements) and that all sub-recipients 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 section 1352, title 31, U.S. Code. 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
4. Record Retention – A. The contractor shall maintain and retain sufficient records demonstrating its
compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made
and shall allow the County, the State, or its authorized representatives access to su ch records for audit
purposes upon request. B. In the event of litigation or settlement of claims arising from the performance of this
contract, in which case contractor agrees to maintain same until the County, the FEMA Administrator, the
Comptroller General of the United States, or any of their duly authorized representatives, have disposed of all
such litigation, appeals, claims or exceptions related to the litigation or settlement of claims
5. Diversity – All contracting and subcontracting opportunities afforded by this solicitation/contract
embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of
the State of Florida. Firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of
this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements
apply to all bidders/offerors, including those who qualify as a Minority Business vendor. A list of minority
Attachment 9:
Supplemental General Grant Terms and Conditions CSFA 37.003/CFDA 97.036
37
02/15 R4
owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of
Supplier Diversity at (850) 487-0915.
6. Indemnity Provision - Indemnification shall be included in all contracts with
contractors/subcontractors, consultants/sub-consultants who perform work in connection with this contract.
“The Contractor shall indemnify, defend, save, and hold harmless the Florida
Department of Environmental Protection and all of its officers, agents or employees
from all suits, actions, claims, demands, liability of any nature whatsoever arising out
of, because of, or due to any negligent act or occurrence of omission or commission of
the Contractor, its officers, agents, or employees.”
7. Applicable Laws - The contractor shall comply with all applicable federal, state and local rules and
regulations in providing services to the County. The contractor acknowledges that this requirement includes,
but is not limited to, compliance with all applicable federal, state and local health and safety rules and
regulations and that FEMA financial assistance may be used to fund the contract. As such, the contractor will
comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.
8. Scrutinized Companies – Pursuant Section 215.473, F.S. the Local Sponsor subcontractor certifies
that it is not listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, and/or Scrutinized Companies with Activities in Israel List
(eff. 10.1.2016). Created Pursuant to Subsection 287.135(5), F.S., the subcontractor agrees the County may
immediately terminate this Agreement for cause subcontractor is found to have submitted a false certification
or if the subcontractor is placed on the Scrutinized Companies list during the term of the Agreement.
9. Administrative, Contractual, or Legal Remedies - Unless other wise provided in this contract, all
claims, counter -claims, disputes and other matters in question between the local gover nment and the
contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the
parties mutually agree, or in a Florida court of competent j urisdiction.
10. Termination for Cause and for Convenience - This contract may be terminated in whole or in part in
writing by either party in the event of substantial failure by the other party to fulfill its obligations under this
contract through no fault of the ter mina ting party, provided that no ter mination may be effected unless the
other party is given: (a) Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate; and (b) An opportunity for consultation with the terminating party
prior to termination.
This contract may be terminated in whole or in part in writing by the local go vernment for its convenience,
provided that the other party is afforded the same notice and consultation oppor tunity specified in l (a) above.
If ter mination for default is effected by the local government, an eq uitable adjustment in the price for this
contract shall be made, but no amount shall be allowed for anticipated profit on unperfor med services or other
work, and any payment due to the contractor at the time of termination may be adjusted to cover any
additional costs to the local government because of the contractor’s default.
If ter mination for convenience is effected by the local government, the equitable adjustment shall include a
reasonable profit for services or other work performed for which profit has not already been included in an
invoice. For any ter mination, the equitable adjustment shall provide for payment to the contrac tor for
services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to
termination settlement costs reasonably incurred by the contractor relating to commitments (e.g., suppliers ,
subcontractors) which had become firm prior to receipt of the notice of intent to terminate.
Attachment 9:
Supplemental General Grant Terms and Conditions CSFA 37.003/CFDA 97.036
38
02/15 R4
Upon receipt of a termination action under paragraphs (a) or (b) above, the co ntractor shall promptly
discontinue all affected wor k (unless the notice directs otherwise) and deliver or otherwise make available
to the local gover nment all data, d rawings, reports specifications, summaries and other such infor mation,
as may have been accumulated by the contractor in performing this contract, whether completed or in process.
11. Compliance with the Contract Work Hours and Safety Standards Act. - (1) Overtime requirements.
No contractor or subcontractor contracting for any part of the contract work which may require or involve the
employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay
for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages;
liquidated damage. In the event of any violation of the clause set forth in paragraph (1) of this section the
contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum
of $10 for each calendar day on which such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime wages required by the clause set forth in
paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in th e name
of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as
may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4)
Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this
section.”
12. Patents and Data - No reports, maps, or other documents produced in whole or in part under this
contract shall be the subject of an application for copyright by or on behalf of the contractor. The grantor
agency and the grantee shall possess all rights to invention or discovery, as well as rights in data which may
arise as a result of the contractor’s services.
13. Clean Air Act and Federal Water Pollution Control Act - (1) The contractor agrees to comply with
all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §
7401 et seq. (2) The contractor agrees to comply with all applicable stndards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor
agrees to report each violation to the County and understands and agrees that the County will, in turn, report
each violation as required to assure notification to the Federal Emergency Management Agency, and the
appropriate Environmental Protection Agency Regional Office. (4) The contractor agrees to include these
requirements in each subcontract exceeding $100,000 financed in whole or in part wit h Federal assistance
provided by FEMA.
14. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt.
180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals
(defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2
Attachment 9:
Supplemental General Grant Terms and Conditions CSFA 37.003/CFDA 97.036
39
02/15 R4
C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with
these regulations in any lower tier covered transaction it enters into. (3) This certification is a material
representation of fact relied upon by the County. If it is later determined that t he contractor did not comply with
2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Florida
Department of Emergency Management, the Federal Government may pursue available remedies, including
but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the
requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to
include a provision requiring such compliance in its lower tier covered transactions.” (5) The Contractor’s
debarment and suspension status will be validated by the County at the System for Award Management at
www.sam.gov and the State of Florida at
http://dms.myflorida.com/business/operations/state/purchasing/ vendor information.
15. Reporting - The contractor will provide any information required to comply with the grantor agency
requirements and regulations pertaining to reporting. It is important that the contractor is aware of the reporting
requirements of the County, as the Federal or State granting agency may require the contractor to provide
certain information, documentation, and other reporting in order to satisfy reporting requirements to the
granting agency.
16. Access to Records – (1) The contractor agrees to provide the County, the FEMA Administrator, the
Comptroller General of the United States, or any of their authorized representatives access to any books,
documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes
of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the
foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably
needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives’
access to construction or other work sites pertaining to the work being completed under the contract.”
Pursuant to Section 20.055(5), F.S., the contractor will cooperate with the State of Florida’s Inspector General
in any investigation, audit, inspection, review, or hearing.
17. Energy Efficiency Standards - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act.
18. DHS Seal, Logo, and Flags - “The contractor shall not use the DHS seal(s), logos, crests, or
reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval.”
19. No Obligation by Federal Government - The Federal Government is not a party to this contract and is
not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to
any matter resulting from the contract.
20. Program Fraud and False or Fraudulent Statements or Related Acts - The contractor
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to
the contractor’s actions pertaining to this contract.”
Attachment 9.1:
Supplemental General Grant Terms and Conditions CSFA 37.003/CFDA 97.036
40
02/15 R4
CERTIFICATIONS AND FORMS
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY
DEADLINE TO BE CONSIDERED RESPONSIVE
1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered
Transactions
2. Conflict of Interest
3. Anticipated DBE, M/WBE or VETERAN Participation Statement
4. Contractors Bid Opportunity List
5. Lobbying Certification
6. Drug Free Workplace
7. General Grant Clauses
Attachment 9.1:
Supplemental General Grant Terms and Conditions CSFA 37.003/CFDA 97.036
41
02/15 R4
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 Project Name
__________________________ ________________________________________
Title Project Number
__________________________ ________________________________________
Firm Tax ID Number
________________________________________
DUNS Number
_________________________________________________________________________
Street Address, City, State, Zip
__________________________________
Signature
Attachment 9.1:
Supplemental General Grant Terms and Conditions CSFA 37.003/CFDA 97.036
42
02/15 R4
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 determin e compliance with
applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this r eport 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.
Attachment 9.1:
Supplemental General Grant Terms and Conditions CSFA 37.003/CFDA 97.036
43
02/15 R4
IS THE ACTIVITY OF THIS CONTRACT,
CONSTRUCTION ? Y N
CONSULTATION? Y N
OTHER? Y N
DBE, MBE, WBE
VET, SMB8A
SUBCONTRACTOR OR SUPPLIER
NAME
TYPE OF WORK OR
SPECIALTY
ETHNICITY CODE
(See Below)
SUB/SUPPLIER
DOLLAR AMOUNT
PERCENT OF CONTRACT
DOLLARS
TOTALS:
NOTE:
ETHNICITY CODE
Black American BA
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
DATE
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.
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.
B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN-OWNED, SMALL
BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION
A. PRIME VENDOR/CONTRACTOR INFORMATION
PRIME NAME PRIME FEID NUMBER
DEPARTMENT NAME COLLIER CONTRACT # (IFB/RFP or PO/REQ)
IF YES, REVISION NUMBER__________
EMAIL ADDRESS OF PRIME (SUBMITTER)
D. SECTION TO BE COMPLETED BY COLLIER COUNTY
ACCEPTED BY:
GRANT PROGRAM/CONTRACT
CONTRACT DOLLAR AMOUNT
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUBMITTER DATE TITLE OF SUBMITTER
WBE? Y N
MBE? Y N
DBE? Y N
TELEPHONE NUMBER FAX NUMBER
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? OR A SERVICE DISABLED VETERAN?
VETERAN? Y N
IS THIS SUBMISSION A REVISION? Y N
SDB 8A? Y N
Attachment 9.1:
Supplemental General Grant Terms and Conditions CSFA 37.003/CFDA 97.036
44
02/15 R4
Attachment 9.1:
Supplemental General Grant Terms and Conditions CSFA 37.003/CFDA 97.036
45
02/15 R4
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 conn ection 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 o f
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
Attachment 9.1:
Supplemental General Grant Terms and Conditions CSFA 37.003/CFDA 97.036
46
02/15 R4
COLLIER COUNTY
Acknowledgement of Terms, Conditions, and Grant Clauses
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontracts an y of the work required under this Agreement, a cop y of the
signed subcontract must be available to the Department for review and approval. The vendor agrees to
include in the subcontract that (1) the subcontractor is bound b y the terms of this Agreement, (ii) the
subcontractor is bound b y all applicable state and federal laws an d regulations, and (iii) the subcontractor
shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor’s performance of work under this Agreement, to the ex tent allowed and required by law. The
recipient shall document in the quarterl y report the subcontractor’s progress in performing its work under
this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to
whether the subcontractor is a minorit y vendor as defined in Section 288.703, Fla. Stat.
Certification
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 ______________________________
Date __________________
Authorized Signature ___________________________________________________________
Address _____________________________________________________________________
Solicitation/Contract # ____________________________
Attachment 9.1:
Supplemental General Grant Terms and Conditions CSFA 37.003/CFDA 97.036
47
02/15 R4
COLLIER COUNTY
Scrutinized Companies Certification
The undersigned (Vendor/ Contractor) certifies, to the best of his
or her knowledge and belief, that it is not listed on the
• Scrutinized Companies with Activities in Sudan List,
• Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and/or
• Scrutinized Companies with Activities in Israel List (eff. 10.1.2016),
pursuant to Section 215.473, F.S.
The subcontractor further agrees the County may immediately terminate this contract for cause if the
vendor/contractor is found to have submitted a false certification or is placed on the Scrutinized Companies list
during the term of the contract.
Name of Authorized Official
Title
Signature of Vendor/Contractor's Authorized Official
Date