Agenda 05/12/2015 Item #16A 7
EXECUTIVE SUMMARY
Recommendation to approve the ranked list of design professionals for Request for Proposal (RFP)
15-6382, “Grant Funded Professional Services for Coastal Zone Management,” authorize staff to
negotiate contracts with the top ranked firms for subsequent Board approval, and make a finding
that this item promotes tourism.
OBJECTIVE : To facilitate operations and capital project implementation by the Collier
County’s Capital Project Planning, Impact Fees and Program Management Division and other
County Divisions for grant funded professional services.
CONSIDERATIONS : The County’s current fixed term design services contract (13-6164), has
fifty one (51) contracted consultants across twenty one (21) disciplines. These disciplines range
from Civil and Structural Engineering to Permitting and Modeling. The contracts are designed
to provide on call small dollar (less than $200,000) supplemental architectural and engineering
services in accordance with the Florida Competitive Consultant Negotiation Act (CCNA).
With regards to Coastal Zone Management projects, it was found that a great deal of funds are
provided to the County in the form of grants and matching funds from outside agencies such as
Federal Emergency Management Agency (FEMA) and Florida Department of Environmental
Protection (FDEP). Contract 13-6164 cannot be used for projects funded by these grants because
the grantors’ requirements were not included in the original solicitation.
With the assistance of the Collier County Grants Compliance office, Procurement Services
developed a CCNA RFP for Grant funded Coastal Engineering Services. The RFP was
advertised on March 3, 2015. One thousand five hundred and seventeen (1,517) firms were
contacted; eighty-nine (89) of those contacts reviewed the solicitation materials; and, five (5)
firms submitted proposals for consideration by the March 26, 2015 due date. On April 24, 2015 a
selection committee ranked the five (5) firms based on an evaluation of their technical proposals.
The selection committee ranked the firms as shown below.
Firm Final Ranking Committee
Recommendation
CB&I Environmental & Infrastructure, Inc. 1 Award
Humiston & Moore 2 Award
Atkins North America 3 Award
Olsen Associates 4 Award
Coastal Engineering 5 Do Not Award
Following the committee’s ranking, Committee members were also asked (by consensus) to
recommend the number of firms to be awarded (denoted by column above labeled Committee
Recommendation). The committee recommended entering into negotiation with four (4) firms.
If contract negotiations are not successful with any of the four (4) recommended firms, staff is
seeking authorization to commence contract negotiations with the next ranked proposer, with the
objective of bringing four (4) acceptable negotiated contracts back to the Board for approval.
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In order to maximize contract efficiencies, staff also recommends:
• One (1) – five (5) year contract term for these services with the understanding that a
termination clause will be included. This contract will not preclude the County from
adding additional firms to the contract or issuing separate solicitations for required
services.
• Distribution of Work (consistent with Florida Statute 287.055 and grantor agency
requirements at the time of work order):
o Projects less than $100,000 : Project managers may select any consultant from the
list of four (4) awarded firms;
o Projects between $100,000 - $200,000: Project managers may seek proposals
from at least three (3) of the four (4) firms, and conduct a qualifications based
review, evaluation and ranking of the proposals; the final recommended firm will
be presented to the Purchasing Director for final review and approval; no further
Board action will be required for the work to proceed;
FISCAL IMPACT : Approval of the design professional ranking and authorization to negotiate
contracts with the top rated firms will allow Coastal Zone Management to enter into grant related
design agreements for future beach projects without entering into the formal Request for
Proposal procurement process for expected engineering cost less than $200,000 and related
construction costs of less $2,000,000. Funds for these services shall come from Coastal Zone
Management budget as projects are identified.
GROWTH MANAGEMENT IMPACT : There is no impact to the Growth Management Plan
related to this action.
ADVISORY COMMITTEE RECOMMENDATIONS : Staff is recommending approval of
this item.
LEGAL CONSIDERATIONS : This item has been approved as to form and legality and
requires majority vote for approval. – CMG
RECOMMENDATION : That the Board of County Commissioners approves the ranked list of
design professionals for Request for Proposal (RFP) 15-6382, “Grant Funded Professional
Services for Coastal Zone Management”; authorizes staff to negotiate a contract with the top
ranked firms for subsequent Board approval and make a finding that this item promotes tourism.
Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning,
Impact Fees and Program Management Department
Attachments : 1) RFP Ranking; and 2) Solicitation
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.7.
Item Summary: Recommendation to approve the ranked list of design professionals for
Request for Proposal (RFP) 15-6382, "Grant Funded Professional Services for Coastal Zone
Management," authorize staff to negotiate contracts with the top ranked firms for subsequent
Board approval and make a finding that this item promotes tourism.
Meeting Date: 5/12/2015
Prepared By
Name: HambrightGail
Title: Accountant, Coastal Zone Management
4/13/2015 5:17:34 PM
Submitted by
Title: Accountant, Coastal Zone Management
Name: HambrightGail
4/13/2015 5:17:35 PM
Approved By
Name: McAlpinGary
Title: Manager - Coastal Management Programs, Coastal Zone Management
Date: 4/24/2015 4:45:01 PM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Capital Construction & Maintenance Budget/Fiscal
Date: 4/27/2015 4:49:53 PM
Name: Tara Castillo
Title: Management/Budget Analyst, Capital Construction & Maintenance Budget/Fiscal
Date: 4/27/2015 4:56:48 PM
Name: MarkiewiczJoanne
Title: Division Director - Purchasing & Gen Svc, Procurement Services
Date: 4/28/2015 6:44:57 AM
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5/12/2015 16.A.7.
Name: PattersonAmy
Title: Manager - Impact Fees & EDC, Capital Project Planning, Impact Fees and Program Management
Date: 4/28/2015 9:20:14 AM
Name: PuigJudy
Title: Operations Analyst, Operations & Regulatory Management
Date: 4/28/2015 9:40:33 AM
Name: NorthrupAdam
Title: Procurement Specialist, Procurement Services
Date: 4/28/2015 10:11:13 AM
Name: JohnsonScott
Title: Manager - Procurement, Procurement Services
Date: 4/28/2015 11:39:00 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/28/2015 6:06:58 PM
Name: MaeEsther
Title: Accountant, Senior, Grants Management Office
Date: 4/29/2015 9:59:03 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 4/29/2015 11:59:25 AM
Name: StanleyTherese
Title: Manager - Grants Compliance, Grants Management Office
Date: 4/29/2015 2:54:57 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/30/2015 10:10:41 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/30/2015 11:19:40 AM
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Page 1 of 1
Selection Committee
Final Ranking Sheet
RFP #: 15-6382
Title: Grant Funded Professional Services for CZM
Name of Firm Nathan Beals Melissa
Hennig Justin Lobb Gary McAlpin
TravisGossard
(Not in
attendance)
Average Ranking
Atkins North America, Inc.3 4 2 4 3.25 3.0000
CB&I Environmental & Infrastructure 1 3 1 1 1.5 1.0000
Coastal Engineering Consultants, Inc.2 5 4 5 4 5.0000
Humiston & Moore Engineers 4 1 3 2 2.5 2.0000
Olsen Associates, Inc.5 2 5 3 3.75 4.0000
TOTAL
Number of Firms to award 4 4 4 4 4
Purchasing Representative Adam Northrup 4/24/2015; 2:30PM
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15-6382
Grant Funded Professional Services
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REQUEST FOR PROPOSALS
In accordance with Florida Statute 287.055, Consultants’ Competitive Negotiation Act.
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
CCNA Solicitation
15-6382 – Grant Funded Professional Services for
Coastal Zone
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 .
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Table of Contents
LEGAL NOTICE ......................................................................................................................... 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ....................... 4
EXHIBIT II: GENERAL RFP INSTRUCTIONS .......................................................................... 12
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ............... 23
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP .......................................... 27
ATTACHMENT 1: CONSULTANT’S NON-RESPONSE STATEMENT ..................................... 35
ATTACHMENT 2: CONSULTANT CHECK LIST ...................................................................... 36
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ....................................................... 37
ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT ........................................... 38
ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION ............................................. 40
ATTACHMENT 6: CONSULTANT SUBSTITUTE W – 9 ........................................................... 41
ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS ........................................ 42
ATTACHMENT 8: REFERENCE QUESTIONNAIRE ................................................................ 44
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Legal Notice
Pursuant to approval by the County Manager, Sealed Proposals to provide Coastal Zone Study, Planning
and Design will be received until 3:00 PM, Naples local time, on March 26th, 2015 at the Collier County
Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.
CCNA Solicitation
15-6382 – Grant Funded professional Services for Coastal Zone
Services to be provided may include, but not be limited to the following: Coastal Zone Study, Planning and
Design.
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 Purchasing Department Online Bidding System website: www.colliergov.net/bid .
Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or
marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: /S/ Joanne Markiewicz
Director, Procurement Services
This Public Notice was posted on the Collier County Purchasing Department website:
www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County Government
Center on 03/03/2015 .
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Coastal Zone Management Department (hereinafter, the “Division or Department”),
the Collier County Board of County Commissioners Purchasing Department (hereinafter, “County”) has
issued this Request for Proposal (hereinafter, “RFP”) with the intent of obtaining proposals from interested
and qualified Consultants to provide professional services for various projects that will be funded all or in
part by Grants. These services will supplement an array of professional in-house staff.
It is the intent of the County to have multiple firms available to provide on-demand professional services for
Coastal Zone Management. The services provided as a result of these contracts will be available to all
County departments and may include additional architectural and engineering services as required by the
County in accordance with the terms, conditions and specifications stated or attached.
The results of this solicitation may be used by other County departments once awarded according to the
Board of County Commissioners Purchasing Policy.
Brief Description of Purchase
Historically, County departments have spent approximately $420,000 per year.
Background
The County currently has a master contract for professional services (13-6164 – Professional Services
Architect and Engineering), that allows for small dollar work (up to $200,000) across 19 specialized
disciplines, ranging from Civil and Structural engineering to Coastal Zone Study, Planning and Design.
Over time, we have determined there is a need for a similar contract for work in Coastal Zone
Study/Planning/Design which is in compliance with various grant funding requirements.
Detailed Scope of Work
The scope of services shall include, but may not be limited to the description listed below.
Coastal engineering is defined as the application of skills, knowledge, expertise, and theory
associated with purposeful engineering intervention in the coastal system. Activities in this
category include the application of scientific principles underlying a broad range of traditional
engineering disciplines to a zone in which there are significant interactions between water and
land, including shorelines, bays, lakes, estuaries, inlets, river mouths, and harbors, and the
structures within these environments. Coastal engineering involves the practice of civil
engineering, as well as the sciences of oceanography and coastal geology, to control erosion;
place, construct, and monitor coastal structures; nourish beaches; and develop and maintain
ports, harbors, and related navigation facilities, support/mitigate environmental, ecological,
wetland and water quality issues. Coastal sciences, defined here as near shore oceanography
and coastal geology, are the scientific knowledge base for coastal engineering. A number of
coastal engineers are involved in research in many aspects of coastal sciences, such as
sediment transport in the surf zone and the mechanics of breaking waves.
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Support activities historically used by Collier County include.
Beach nourishment planning, development and oversight
Coastal structures
Dune restoration
Coastal management
Inlet/navigation studies
Emergency response
Permitting and surveying
Scientific program development and research such as wave and current modeling
It is anticipated that the projects for Coastal Zone Study, Planning and Design will be funded by
State and Federal grants from agencies such as FEMA or the FWC.
Term of Contract
The contract term, if an award(s) is/are made is intended to be for five (5) years and will begin upon
award by the Board of County Commissioners.
Prices shall remain firm for the full term of this contract.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
Projected Solicitation Timetable
The following projected timetable should be used as a working guide for planning purposes only. The
County reserves the right to adjust this timetable as required during the course of the RFP process.
Event Date
Issue Solicitation Notice 03/03/2015
Last Date for Receipt of Written Questions 03/23/2015; 3:00PM
Solicitation Deadline Date and Time 03/26/2015; 3:00PM
Anticipated Evaluation of Submittals Week of March 30th
Anticipated Completion of Contract Negotiations April 2015
Anticipated Board of County Commissioner’s Contract
Approval Date
May 2015
Response Format
The Consultant understands and agrees to abide by all of the RFP specifications, provisions, terms and
conditions of same, and all ordinances and policies of Collier County. The Consultant further agrees that
if the contract is awarded the work will be performed in accordance with the provisions, terms and
conditions of the contract.
To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the
guidelines set forth in this RFP.
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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 RFP. All
proposals should be presented as described in the RFP in PDF or Microsoft Word format with Tabs
clearly marked. If applicable, the utilization of recycled paper for proposal submission is strongly
encouraged.
The items listed below 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.
Tab 1: Tab I, Cover Letter / Management Summary
In this tab, include:
• 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 (2 pages).
• Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning
proposal. Submission of a signed Proposal is Consultant's certification that the Consultant will accept
any awards as a result of this RFP (Can be added as a separate page from cover letter).
T ab 2: Firm’s Credentials and Experience – 40 Points
• Provide a “not to exceed” two (2) page “Firm Credential and Experience” narrative that highlights your
f irms credentials or enhances the information requested on page 7 .
• Include resumes of key individuals and experts available to the County.
• Provide responses to the following seven (7) items below in the format requested so that the Selection
Committee members will be provided with the same objective information for each firm for scoring
purposes.
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Firm Name: _______________________________________________
1. Identify the number of years the firm has provided engineering or
architectural services to the public sector (under the same name
and/or the same principle owners).
(number of years)
2. Identify the number of “industry awards and/or recognitions” that
the firm has received from peer group (i.e. American Council of
Engineering Companies, American Institute of Architects,
National Society of Professional Engineers, etc.) in the past five
(5) years (1/1/2010 - 12/31/2014).
(number of awards)
3. Identify the number of licensed engineering or architectural
professionals who hold offices in engineering professional
organization (i.e. American Council of Engineering Companies,
National Society of Professional Engineers, etc.).
(number of office
holders)
4. Identify the firm’s number of “published articles” in professional
e ngineering or architectural journals that the firm has been
recognized for in the past five (5) years (1/1/2010 – 12/31/2014)
(number of
published articles)
5. Identify the number of licensed engineers or architects in the firm
who have at least four (4) years of engineering experience.
(number of license
engineers > 4 yrs)
6. Identify the total number of Collier County projects in the past
five (5) years (1/1/2010 – 12/31/2014) where the firm has been
the lead consultant.
• Provide a list of those projects, the year, and
the Collier County project manager.
(number of “lead”
Collier County
projects)
7. Identify the total number of Collier County projects in the past
five (5) years (1/1/2010 – 12/31/2014) where the firm has been a
sub-consultant.
• Provide a list of those projects, the year, and
the Collier County project manager.
(number of
“subcontractor”
Collier County
projects)
Tab 3, Discipline Experience – 30 Points
SUBMIT FORM THE FOLLOWING FORM LABELED “TAB 3”
(If you wish to include additional information regar ding the three projects listed below in tab 3, please
limit it to 2 pages.
***Remainder of this page intentionally left blank***
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Tab 3
Solicitation 15-6382 – Grant Funded Professional Services for Coastal Zone
(Submit Responses on this Form)
1. Firm Name
2. Identify the number of
discipline “experts” at the firm
who may be available to
Collier County.
3. Provide a project with
adequate information to
determine the project's
success.
Project name:
__________________________________________________________
Project
location:____________________________________________________
Project scope:
___________________________________________________________
Proposers responsibility:
___________________________________________________________
Start date:_____________________ End Date _____________________
Project
budget:_____________________________________________________
Did project meet budget (circle): Yes No
Project
schedule:___________________________________________________
Did project meet schedule (circle): Yes No
How did your firm handle errors/omissions/mistakes (EOM’s) (circle one):
1. Professional had no significant quality control process in place
2. Professional proactively identified EOM’s to customer
3. Professional proactively identified EOM’s and provided solutions
Contact name, address and phone number: _________________________
____________________________________________________________
4. Provide a second project
with adequate information to
determine the project's
success.
Project name:
__________________________________________________________
Project
location:____________________________________________________
Project scope:
___________________________________________________________
Proposers responsibility:
___________________________________________________________
Start date:_____________________ End Date _____________________
Project
budget:_____________________________________________________
Did project meet budget (circle): Yes No
Project
schedule:___________________________________________________
Did project meet schedule (circle): Yes No
How did your firm handle errors/omissions/mistakes (EOM’s) (circle one):
1. Professional had no significant quality control process in place
2. Professional proactively identified EOM’s to customer
3. Professional proactively identified EOM’s and provided solutions
Contact name, address and phone number: _________________________
____________________________________________________________
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5. Provide a third project with
adequate information to
determine the project's
success.
Project name:
__________________________________________________________
Project
location:____________________________________________________
Project scope:
___________________________________________________________
Proposers responsibility:
___________________________________________________________
Start date:_____________________ End Date _____________________
Project
budget:_____________________________________________________
Did project meet budget (circle): Yes No
Project
schedule:___________________________________________________
Did project meet schedule (circle): Yes No
How did your firm handle errors/omissions/mistakes (EOM’s) (circle one):
1. Professional had no significant quality control process in place
2. Professional proactively identified EOM’s to customer
3. Professional proactively identified EOM’s and provided solutions
Contact name, address and phone number: _________________________
____________________________________________________________
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Tab 4, References – 5 Completed and Returned (20)
In order for the Consultant to be awarded any points for this tab, the County requests that the
Consultant submits five (5) completed reference forms (Blank form is included in this solicitation
as Attachment 8: Reference Questionnaire) from clients whose projects are of a similar nature to this
solicitation as a part of their proposal on the reference form below. The County will only use the
methodology calculations for the first five (5) references (only) submitted by the Consultant in their
proposal.
Prior to the Selection Committee reviewing proposals, the following methodology will be applied to
each Consultant’s information provided in this area:
• The County will total each of the Consultant’s five reference questionnaires and create a ranking
from highest number of points to lowest number of points. References marked with an N/A (or
similar notation will be given the score of zero (0)). Consultants who do not turn in reference
forms will be counted as zero (0).
• The greatest number of points allowed in this criterion will be awarded to the Consultant who has
the highest score.
• The next highest Consultant’s number of points will be divided by the highest Consultant’s points
which will then be multiplied by criteria points to determine the Consultant’s points awarded.
Each subsequent Consultant’s point score will be calculated in the same manner.
• Points awarded will be extended to a whole number (per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be distributed
among the five proposers.
Consultant Name Consultant Total
Reference Score Points Awarded
Consultant ABC 445 20
Consultant DEF 435 20
Consultant GHI 425 19
Consultant JKL 385 17
Consultant MNO 385 17
Consultant PQR 250 11
The points awarded by Consultant will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the Consultant’s proposal to
ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per
Consultant. The Selection Committee may, at their sole discretion, contact references, and/or
modify the reference points assigned after a thorough review of the proposal and prior to final
ranking by the final Selection Committee.
All questionnaires should be submitted with the proposal , not faxed directly to the County.
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Tab 5: Firm’s Availability and Responsiveness – Maximum 10 points
• Provide a “not to exceed” two (2) page “Firm Availability and Responsiveness” narrative that highlights
or enhances the information requested below.
F irms will be awarded points for demonstrated experience and understanding of the Southwest
Florida construction guidelines, land development codes and contractor’s license issues;
environmental conditions relating to the disciplines requested in this scope of work; demonstrated
responsiveness to meetings, telephone calls, emails and emergencies; and sensitivity to reducing
travel expenses.
Tab 6, 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
• Attachment 8: Reference Questionnaire
• Attachment 9: Required Grant Forms
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EXHIBIT I A: SUPPLEMENTAL TERMS AND CONDITIONS
FEMA 97.036 Provisions
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 Down of Terms and Conditions from the Grant Agreement
Subcontracts : If the vendor subcontracts any of the work required under this Agreement, a copy 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.
Administrative, Contractual, or Legal Remedies
Unless otherwise provided in this contract, all claims, counter-claims, disputes and
other matters in question between the local government 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 jurisdiction.
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 terminating party, provided that no termination 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 government for its
convenience, provided that the other party is afforded the same notice and consultation
opportunity specified in l (a) above. If termination for default is effected by the local
government, an equitable adjustment in the price for this contract shall be made, but no
amount shall be allowed for anticipated profit on unperformed 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.
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If termination 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 termination, the equitable adjustment shall
provide for payment to the contractor 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.
Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall
• promptly discontinue all affected work (unless the notice directs otherwise) and
• deliver or otherwise make available to the local government all data, drawings, reports
specifications, summaries and other such information, as may have been
accumulated by the contractor in performing this contract, whether completed or in
process.
Compliance with Executive Order 11246 of September 24, 1965, entitled “Equal
Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967,
and as supplemented in Department of Labor regulations
During the performance of this contract, the contractor agrees as follows:
• The contractor will not discriminate against any employee or applicant for employment
because of race, creed, color, or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, creed, color, or national origin. Such action
shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
• The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, creed, color, or national origin.
• The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice, to
be provided by the agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under Section 202 of Executive Order
No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
• The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
• The contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
• In the event of the contractor's noncompliance with the nondiscrimination clauses of this
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contract or with any of such rules, regulations, or orders, this contract may be
cancelled, terminated or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order No. 11246 of Sept 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order No. 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
• The contractor will include the provisions of Paragraphs (1) through (6) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of
Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any subcontract or purchase
order as the contracting agency may direct as a means of enforcing such provisions
including sanctions for noncompliance: Provided, however, That in the event the
contractor becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the contracting agency, the contractor may
request the United States to enter into such litigation to protect the interests of the
United States."
Reporting
The contractor will provide any information required to comply with the grantor agency
requirements and regulations pertaining to reporting.
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.
Access to Records
The local government, the Florida Department of Emergency Management, the Federal grantor
agency, the Comptroller General of the United States, and any of their duly authorized
representatives, shall have access to any books, documents, papers, and records of the
contractor which are directly pertinent to this contract for the purpose of making audit,
examination, excerpts, and transcriptions.
Retention of Records
The contractor shall retain all records relating to this contract for five (5) years after the local
government makes final payment and all other pending matters are closed.
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Clean Air Act, Federal Water Pollution Control Act, Executive Order 11738, and US EPA
Regulations
Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that
requires the Contractor or recipient to comply with all applicable standards, orders, or
requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h),
Section 508 of the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S.
Environmental Protection Agency regulations (40 CFR Part 15 and 61). Violations shall be
reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA).
Energy Efficiency Standards
The contractor shall comply with any 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 (Pub. L. 94-163, 89 Stat. 871).
Debarment and Suspension (Executive Orders 12549 and 12689)
Contract awards that exceed the small purchase threshold and certain other contract awards
shall not be made to parties listed on the nonprocurement portion of the General Services
Administration's List of parties Excluded from Federal Procurement or Nonprocurement
Programs in accordance with E.O.s 12549 and 12689, “Debarment and Suspension.” This list
contains the names of parties debarred, suspended, or otherwise excluded by agencies,
and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549.
Contractors with awards that exceed the small purchase threshold shall provide the required
certification regarding its exclusion status and that of its principals. Vendors submitting
proposals for this purchase must attest that they, and their subcontractors and partners, are not
excluded from receiving Federal contracts, certain subcontracts, and certain Federal financial
and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note,
E.O. 12549, E.O. 12689, 48 CFR 9.404, and each agency's codification of the Common Rule for
Nonprocurement suspension and debarment. Contractor’s debarment and suspension status
will be validated at the System for Award Management at www.sam.gov and the State of
Florida at http://dms.myflorida.com/business/operations/state/p urchasing/ vendor
information .
Convicted or Discriminatory Vendor Lists
A person or affiliated who has been placed on the convicted vendor list following a conviction for
a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with a public entity, and may not transact
business with any public entity in excess of Category Two for a period of 36 months from the
date of being placed on the convicted vendor list or on the discriminatory vendor list.
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Compliance with American With Disabilities Act (Public Law 101-336, 42 U.S.C. Section
12101 et seq.)
The contractor agrees to comply with the Americans With Disabilities Act, which prohibits
discrimination by public and private entities on the basis of disability in the areas of employment,
public accommodations, transportation, State and local government services, and
telecommunications.
If appropriate to the project, the Contractor will provide assurances regarding the
following:
It will establish safeguards to prohibit discrimination on the basis of age under the Age
Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits
discrimination on the basis of age or with respect to otherwise qualified handicapped
individuals as provided in Section 504 of the Rehabilitation Act of 1973.
It will establish safeguards to prohibit employees from using positions for a purpose
that is or gives the appearance of being motivated by a desire for private gain for
themselves or others, particularly those with whom they have family, business, or
other ties pursuant to Section 112.313 and Section 112.3135, Florida Statutes.
It will comply with the Rehabilitation Act of 1973, Section 504,29 U.S.C.794, regarding
non-discrimination.
It will require every building or facility (other than a privately owned residential
structure) designed, constructed, or altered with funds provided under this Agreement
to comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix
A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR
Part 40 for residential structures. The Subgrantee will be responsible for conducting
inspections to ensure compliance with these specifications by the contractor.
It will comply with Title IX of the Education Amendments of 1972, as amended (20
U.S.C.: 1681-
1683 and 1685 - 1686), which prohibits discrimination on the basis of sex.
It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to
nondiscrimination on the basis of alcohol abuse or alcoholism.
It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290
dd-3 and
290 ee-3) as amended, that relate to confidentiality of alcohol and drug abuse patient
records.
It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.)
which prohibits the use of lead based paint in construction of rehabilitation or residential
structures.
It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-
6422), and the provisions of the state Energy Conservation Plan adopted pursuant
thereto.
It will comply with environmental standards which may be prescribed pursuant to the
National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4347.
It will assist the awarding agency in assuring compliance with the Preservation of
Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq.
It will comply with the environmental standards which may be prescribed pursuant to the
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Safe Drinking Water Act of 1974 (42 U.S.C. 300f-300j) regarding the protection of
underground water sources.
It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642.
It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626.
It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544.
It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-763.
It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287,
relate d to protecting components or potential components of the national wild and
scenic rivers system.
It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738
(violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and
EO 12898 (Environmental Justice).
It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510.
It will assure project consistency with the approved state program developed under
the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464.
It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.
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EXHIBIT I B: REQUIRED GRANT FORMS
THE FOLLOWING DOCUMENTS ARE ATTACHED TO THIS SOLICITATION IN
ATTACHMENT 9 AND SHOULD BE RETURNED WITH SOLICIATION DOCUMENTS
BY DEADLINE TO BE CONSIDERED RESPONSIVE
1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Primary Covered Transactions
2. General Grant Clauses
3. Disclosure of Lobbying Activities
4. Conflict of Interest Affidavit
5. Anticipated DBE or M/WBE Participation Statement
6. Contractors Bid Opportunity List
7. Drug Free Workplace
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Exhibit II: General RFP Instructions
1. Questions
Direct questions related to this RFP to the Collier County Purchasing Department 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 Purchasing Department 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 RFP with all prospective Consultants having an
equal opportunity to hear and participate. Oral questions will receive oral responses, neither
of which will be official, nor become part of the RFP. Only written responses to written
questions will be considered official, and will be included as part of the RFP as an
addendum.
All prospective Consultants are strongly encouraged to attend, as, this will usually be the
only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted
as “mandatory”, prospective Consultants must be present in order to submit a proposal
response.
3. Compliance with the RFP
Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of
the RFP may result in disqualification.
4. Ambiguity, Conflict, or Other Errors in the RFP
It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity,
conflict, discrepancy, omission or other error in the RFP, to immediately notify the
Procurement Strategist, noted herein, of such error in writing and request modification or
clarification of the document prior to submitting the proposal. The Procurement Strategist will
make modifications by issuing a written revision and will give written notice to all parties who
have received this RFP from the Purchasing Department.
5. Proposal, Presentation, and Protest Costs
The County will not be liable in any way for any costs incurred by any Consultant in the
preparation of its proposal in response to this RFP, nor for the presentation of its proposal
and/or participation in any discussions, negotiations, or, if applicable, any protest
procedures.
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6. Delivery of Proposals
All proposals are to be delivered before 3:00PM, Naples local time, on or before March 26 th ,
2015 to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Adam Northrup, Procurement Strategist
The County does not bear the responsibility for proposals delivered to the Purchasing
Department past the stated date and/or time indicated, or to an incorrect address by
Consultant’s personnel or by the Consultant’s outside carrier. However, the Procurement
Director, or designee, reserves the right to accept proposals received after the posted close
time under the following conditions:
• The tardy submission of the proposal is due to the following circumstances, which
may include but not be limited to: late delivery by commercial carrier such as Fed Ex,
UPS or courier where delivery was scheduled before the deadline.
• The acceptance of said proposal does not afford any competing firm an unfair
advantage in the selection process.
Consultants must submit one (1) paper copy clearly labeled “Master,” and six (6)
compact disks (CD’s) with one copy of the proposal on each CD in Word, Excel or
PDF . List the Solicitation Number and Title on the outside of the box or envelope.
7. Validity of Proposals
No proposal can be withdrawn after it is filed unless the Consultant makes their request in
writing to the County prior to the time set for the closing of Proposals. All proposals shall be
valid for a period of one hundred eighty (180) days from the submission date to
accommodate evaluation and selection process.
8. Method of Source Selection
The County is using the Competitive Sealed Proposals methodology of source selection for
this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting
the Collier County Purchasing Policy.
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.
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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. Request for Proposals issued.
3. Subsequent to the closing of proposals, the Procurement Strategist will review the
proposals received and verify whether each proposal appears to be minimally
responsive to the requirements of the published RFP.
4. Meetings will be open to the public and the Procurement Strategist will publicly post prior
notice of such meeting in the lobby of the Purchasing Building.
5. The committee members will review each Proposal individually and score each proposal
based on the evaluation criteria stated herein.
6. Prior to the first meeting of the selection committee, the Procurement Strategist will post
a notice announcing the date, time and place of the first committee meeting. Said notice
will be posted in the lobby of the Purchasing Building not less than three (3) working
days prior to the meeting. The Procurement Strategist will also post prior notice of all
subsequent committee meetings and will endeavor to post such notices at least one (1)
day in advance of all subsequent meetings.
7. Collier County will consider all the material submitted by the Proposer and other
information Collier County may obtain to determine whether the Proposer is capable of
and has a history of successfully completing projects of this type, including, without
limitation, additional information Collier County may request, interviews, or oral
presentations.
8. The Selection Committee, as approved by the County Manager or designee, will review,
evaluate and rank all responsive proposals received from Proposers responding to this
RFP. The committee members will score each Proposal in accordance with the rating
criteria set forth below and may, at their discretion, schedule presentations from any
firms submitting a proposal. Consultant(s) shall have an opportunity to discuss their
qualifications, approach to the project and ability to furnish services for the scope of work
outlined in this solicitation during the publicly announced Selection Committee Meeting
prior to the final ranking. This discussion does not preclude the County from having
additional presentations by ranked firms at the County’s sole discretion.
9. The Selection Committee will rank qualified firms in order of preference and by
consensus using all information presented to the Committee, choose the top ranked firm
and will subsequently enter into negotiations with the top ranked firm. Award of the
contract is dependent upon the successful and full execution of a mutually agreed
contract.
10. Negotiations shall begin with the top-ranked firm(s) in accordance with Florida Statute
287.055.
11. Upon the successful completion of negotiations, contracts will be presented to the Board of
County Commissioners for approval.
The County reserves the right to withdraw this RFP at any time and for any reason, and
to issue such clarifications, modifications, addendums, and/or amendments as it may
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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.
Tab II, Firm’s Credentials and Experience 40
Tab III, Discipline Experience 30
Tab IV, References 20
Tab V, Firm’s Availability and Responsiveness 10
TOTAL 100 Points
Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm
with the lowest paid dollars by Collier County to the Consultant (as obtained from the
County’s financial system) within the last five (5) years will receive the higher individual
ranking. This information will be based on information provided by the Consultant, subject
to verification at the County’s option. If there is a multiple firm tie in either individual scoring
or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the
firm with the next lowest volume of work shall receive the next highest ranking and so on.
12. Acceptance or Rejection of Proposals
The right is reserved by the County to waive any irregularities in any proposal, to reject any
or all proposals, to re-solicit for proposals, if desired, and upon recommendation and
justification by Collier County to accept the proposal which in the judgment of the County is
deemed the most advantageous for the public and 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.
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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.
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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.
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
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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
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
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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.
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Exhibit IV: Additional Terms and Conditions for RFP
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 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
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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 Purchasing Policy.
4. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly
responsible for 10% or more of the solicitation amount for said work.
5. County’s Right to Inspect
The County or its authorized Agent shall have the right to inspect the Consultant’s facilities/project site
during and after each work assignment the Consultant is performing.
6. Vendor Performance Evaluation
The County has implemented a Vendor Performance Evaluation System for all contracts awarded in
excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of this Agreement.
7. Additional Terms and Conditions of Contract
Collier County has developed standard contracts/agreements, approved by the Board of County
Commissioners (BCC). The selected Consultant shall be required to sign a standard Collier County
contract within twenty one (21) days of Notice of Selection for Award.
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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.
8. Public Records Compliance
The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including
specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes,
rules, regulations and requirements of any governmental agencies.
9. Work Orders on Fixed Term Contracts
The County reserves the right to order such services from selected firms as may be required during
said period, but does not guarantee any minimum or maximum services to be ordered during the
period specified from any given firm. Work Order service assignments shall be at the sole discretion of
the County.
The contracts are classified as fixed-term Countywide Agreements for various and miscellaneous
engineering services which will be utilized on an as-needed basis. Assignments shall be implemented
with Work Orders subject to a maximum of $200,000 per Work Order. Work Order assignments in
excess of $200,000 shall be approved by the Board of County Commissioners.
Should any project that is active on a work order extend past the contract termination date, that work
order will be active and extended as necessary until completion of such project.
10. Payment Method
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor’s invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County’s
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk’s Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk@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:
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• Traditional – payment by check, wire transfer or other cash equivalent.
• Standard – payment by purchasing card. Collier County’s Purchasing Card Program is supported
by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the
Rules for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of
using the County’s credit card for transactions relating to this solicitation. The County will entertain
bids clearly stating pricing for standard payment methods. An additional separate discounted price for
traditional payments may be provided at the initial bid submittal if it is clearly marked as an “Additional
Cash Discount.”
Upon execution of the Contract and completion of each month’s work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that
prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for
payment without prior approval from the Project manager. All invoices should be submitted within
the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices
submitted after the close of the fiscal year will not be accepted (or processed for payment) unless
specifically authorized by the Project Manager.
Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of “laches” as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or
other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy
these debts, the County reserves the right to off-set the amount owed to the County by applying the
amount owed to the vendor or contractor for services performed of for materials delivered in
association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance
with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.”
Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for
work not performed or for unsatisfactory performance of Contractual requirements.
11. 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.
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All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
12. 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.
13. Survivability
Work Orders: The Consultant/Contractor/Vendor agrees that any Work Order that extends beyond
the expiration date of Solicitation 15-6382 will survive and remain subject to the terms and conditions
of that Agreement until the completion or termination of this Work Order.
14. 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 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.
15. 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.
16. Termination
Should the Consultant be found to have failed to perform his services in a manner satisfactory to the
County, the County may terminate this Agreement immediately for cause; further the County may
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terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance.
17. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be
lobbied, either individually or collectively about a project for which a firm has submitted a Proposal.
Firms and their agents are not to contact members of the County Commission for such purposes as
meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final
Board approval , no firm or their agent shall contact any other employee of Collier County in reference
to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by
this provision may serve as grounds for disqualification for award of this contract to the firm.
18. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide
a certificate of authority (www.sunbiz.org/search.html ) prior to execution of a contract. A copy of the
document may be submitted with the solicitation response and the document number shall be
identified. Firms who do not provide the certificate of authority at the time of response shall be required
to provide same within five (5) days upon notification of selection for award. If the firm cannot provide
the document within the referenced timeframe, the County reserves the right to award to another firm.
19. Single Proposal
Each Consultant must submit, with their proposal, the required forms included in this RFP. Only one
proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a
primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-
consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a
primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-
consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this
requirement will be deemed non-responsive and rejected from further consideration.
20. Protest Procedures
Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest with
the Procurement Director prior to the time of the bid opening strictly in accordance with the County’s
then current purchasing ordinance and policies.
The Board of County Commissioners will make award of contract in public session. Award
recommendations will be posted outside the offices of the Purchasing Department on Wednesdays
and Thursdays. Any actual or prospective respondent who desires to formally protest the
recommended contract award must file a notice of intent to protest with the Procurement Director
within two (2) calendar days (excluding weekends and County holidays) of the date that the
recommended award is posted.
Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be
given instructions as to the form and content requirements of the formal protest. A copy of the "Protest
Policy" is available at the office of the Procurement Director.
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21. 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.
22. Security and Background Checks
If required, Consultant / Vendor / Contractor / Proposer shall be responsible for the costs of providing
background checks by the Collier County Facilities Management Department, and drug testing for all
employees that shall provide services to the County under this Agreement. This may include, but not
be limited to, checking federal, state and local law enforcement records, including a state and FBI
fingerprint check, credit reports, education, residence and employment verifications and other related
records. Contractor shall be required to maintain records on each employee and make them available
to the County for at least four (4) years.
23. Conflict of Interest
Consultant shall complete the Conflict of Interest Affidavit included as an attachment to this RFP
document. Disclosure of any potential or actual conflict of interest is subject to County staff review
and does not in and of itself disqualify a firm from consideration. These disclosures are intended to
identify and or preclude conflict of interest situations during contract selection and execution.
24. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311.
Violation of this provision may result in one or more of the following consequences: a. Prohibition by
the individual, firm, and/or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.
immediate termination of any contract held by the individual and/or firm for cause.
25. Immigration Law Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United States
and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-
based means of verifying employment eligibility of workers i n the United States; it is not a substitute for
a ny other employment eligibility verification requirements. The program will be used for Collier County
formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and
construction services.
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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 Purchasing Department 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.
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Attachment 1: Consultant’s Non-Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise
and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Consultants
not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the
reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover
page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL
34112.
We are not responding to CCNA Solicitation 15-6382 – Grant Funded professional Services for
Coastal Zone 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 _____________
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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.
All grant forms listed in Exhibit IB have been signed and included.
The mailing envelope has been addressed to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Adam Northrup, Procurement Strategist
CCNA Solicitation: 15-6382 – Grant Funded professional Services for Coastal
Zone
The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and
Due Date.
The Proposal will be mailed or delivered in time to be received no later than the specified due date
and time . (Otherwise Proposal cannot be considered.)
If submitting a manual bid, include any addenda (initialed and dated noting understanding
and receipt). If submitting bid electronically, bidder will need to download all related
documents on www.colliergov.net/bid. The system will date and time stamp when the
addendum files were downloaded.
ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET
Name of Firm:
________________________________________________________
Address:
________________________________________________________
City, State, Zip:
________________________________________________________
Telephone:
________________________________________________________
Email:
________________________________________________________
Representative Signature:
________________________________________________________
Representative Name:
________________________________________ Date ___________
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Attachment 3: Conflict of Interest Affidavit
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that,
to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned
interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work;
and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully
disclosed.
Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the
Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract
and/or project duration.
Firm:
____________________________________________________________________
Signature and
Date:
____________________________________________________________________
Print Name
____________________________________________________________________
Title of Signatory
____________________________________________________________________
State of
_______________________________________________________________________
County of
_______________________________________________________________________
SUBSCRIBED AND SWORN to before me this ____________ day of __________________,
20___________,
by _______________________________________________, who is personally known to me to be the
________________________________________ for the Firm, OR who produced the following
identification ________________________________________.
Notary Public
My Commission Expires
___________________________________________
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Attachment 4: Consultant Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: CCNA Solicitation: 15-6382 – Grant Funded professional Services for Coastal Zone
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 .
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of _____________,
200__ in the County of _______________, in the State of _____________.
Firm’s Legal Name:
Address:
City, State, Zip
Code:
Florida Certificate of
Authority Document
Number
Federal Tax
Identification
Number
CCR # or CAGE
Code
__________________________________________________________________________
Telephone:
FAX:
Signature by:
(Typed and written)
Title:
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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:
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Attachment 5: Immigration Affidavit Certification
CCNA Solicitation: 15 -6382 – Grant Funded professional Services for Coastal Zone
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB’s) and Request for Proposals (RFP) submittals. Further, 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 herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
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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)
T axpayer Name ___________________________________________________________________________________
(as shown on income tax return)
Business Name ___________________________________________________________________________________
(if different from taxpayer name)
Address ____________________________________ Ci t y _______________________________________________
St a t e ______________________________________ Z ip ________________________________________________
T elephone __________________ FAX ______________________ Email __________________________________
Order Information
Address ___________________________________
Remit / Payment Information
Address ____________________________________________
Ci t y __________
St a t e ________ Zip ___________
Ci t y _____________
St a t e _________ Z ip ______________
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 of the
contract.)
4. Sign and Date Form: Certification : Under penalties of perjury, I certify that the information shown on this form is correct to
my knowledge.
Signature ___________________________________________________________ Date _________________________________
Title _______________________________________________________________
Phone Number ________________________
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.
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
$__________single limit per occurrence
3. Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
Bodily Injury and Property Damage
$__________ single limit per occurrence, $2,000,000 aggregate for Bodily
Injury Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
4. Indemnification To the maximum extent permitted by Florida law, the
Contractor/Vendor/Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys’ fees and
paralegals’ fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone
employed or utilized by the Contractor/Vendor/Consultant in the performance
of this Agreement.
4. Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. Other insurance as
noted:
Watercraft $ __________ Per Occurrence
United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ __________ Per Occurrence
Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ __________ Per Occurrence
Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ __________ Per Occurrence
Pollution $ __________ Per Occurrence
Professional Liability $1,000,000 per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
Project Professional Liability $__________ Per Occurrence
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Valuable Papers Insurance $__________ Per Occurrence
6. Bid bond
Shall be submitted with proposal response in the form of certified funds,
cashiers’ check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. Performance and
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 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.
Ljb 2/24/2015
Consultant’s Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be
required within five (5) days of the award of this solicitation.
Name of Firm
_______________________________________ Date ____________________________
Consultant
Signature
_________________________________________________________________________
Print Name
_________________________________________________________________________
Insurance Agency
_________________________________________________________________________
Agent Name
_______________________________________ Telephone Number _________________
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Attachment 8: Reference Questionnaire
Solicitation:
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name:
(Evaluator completing reference questionnaire)
Company:
(Evaluator’s Company completing reference)
Email:
FAX: Telephone:
Collier County is implementing a process that collects reference information on firms and their key personnel to be used in
the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a
client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of
your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual
again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not
have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.”
Project Description: ___________________________
Completion Date: _____________________________
Project Budget: _______________________________
Project Number of Days: _______________________
Item Citeria Score
1 Ability to manage the project costs (minimize change orders to scope).
2 Ability to maintain project schedule (complete on-time or early).
3 Quality of work.
4 Quality of consultative advice provided on the project.
5 Professionalism and ability to manage personnel.
6 Project administration (completed documents, final invoice, final product turnover;
invoices; manuals or going forward documentation, etc.)
7 Ability to verbally communicate and document information clearly and succinctly.
8 Abiltity to manage risks and unexpected project circumstances.
9 Ability to follow contract documents, policies, procedures, rules, regulations, etc.
10 Overall comfort level with hiring the company in the future (customer satisfaction).
TOTAL SCORE OF ALL ITEMS
Please FAX this completed survey to: _______________________________________ By ________________
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