Agenda 03/27/2018 Item #16D1503/27/2018
EXECUTIVE SUMMARY
Recommendation to approve the selection committee rankings and authorize entering into
negotiations with Davidson Engineering, Inc. for a contract related to Request for Proposal (RFP)
Number 17-7199, “Design Services Collier County Sports Complex.”
OBJECTIVE: To approve selection committee rankings and authorize staff to negotiate a contract to
secure a firm to provide design services for the Collier County Sports Complex.
CONSIDERATION: On November 13, 2017, the Procurement Services Division released notice of RFP
# 17-7199 to 1805 firms for “Design Services Collier County Sports Complex.” Firms downloaded
eighty-five (85) solicitation packages, and the County received six (6) proposals by the January 10, 2018
solicitation close. Staff found all proposers responsive and responsible.
The Selection Committee met on February 20, 2018 to review proposals, and shortlisted five (5) firms to
bring back for oral presentations as required by F.S. § 287.055. Hole Montes withdrew itself from
consideration prior to the oral presentations, leaving four (4) shortlisted firms. On March 7, 2018, the
committee heard oral presentations from the remaining four (4) firms and ranked them in order of
preference. The final ranking is as follows:
1. Davidson Engineering, Inc.
2. Stantec Consulting Services, Inc.
3. Kimley-Horn and Associates, Inc.
4. GAI Consultants, Inc.
Staff recommends approval of the final ranking and requests authorization to commence contract
negotiations with Davidson Engineering, Inc. for this work. If contract negotiations are not successful
with Davidson Engineering, Inc., then staff is seeking authorization to commence contract negotiations
with the second-ranked proposer (and so on), with the objective of bringing an acceptable negotiated
contract back to the Board of County Commissioners (Board) for approval.
FISCAL IMPACT: Funds are provided for the Collier County Sports Complex Project within Tourist
Development Council (TDC) Capital Projects Fund (758) Project No. 50156.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
LEGAL CONSIDERATIONS: This Item is approved as to form and legality, and requires majority vote
for Board approval. -SRT
RECOMMENDATION: To approve the Selection Committee rankings for Solicitation No. 17-7199
Design Services Collier County Sports Complex, authorize staff to enter into negotiations with the
number one ranked firm, Davidson Engineering, Inc. (as set forth above), and bring a negotiated contract
to the Board for approval at a subsequent BCC Meeting.
Prepared By: Margaret A. Bishop, P.E., Principal Project Manager, Facilities Management Division
ATTACHMENT(S)
1. 17-7199 - Approved NORA (PDF)
16.D.15
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03/27/2018
2. 17-7199 - Final Ranking (Step 2) (PDF)
3. 17-7199 Scope of Services (DOCX)
4. 17-7199 Solicitation (DOCX)
16.D.15
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03/27/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.15
Doc ID: 5068
Item Summary: Recommendation to approve the selection committee rankings and authorize
entering into negotiations with Davidson Engineering, Inc. for a contract related to Request for Proposal
(RFP) Number 17-7199, “Design Services Collier County Sports Complex.”
Meeting Date: 03/27/2018
Prepared by:
Title: Project Manager, Senior – Facilities Management
Name: Margaret Bishop
03/13/2018 10:47 AM
Submitted by:
Title: Division Director - Facilities Mgmt – Facilities Management
Name: Dennis Linguidi
03/13/2018 10:47 AM
Approved By:
Review:
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 03/13/2018 4:08 PM
Procurement Services Adam Northrup Additional Reviewer Completed 03/14/2018 9:07 AM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 03/14/2018 9:56 AM
Tourism Jack Wert Additional Reviewer Completed 03/14/2018 11:56 AM
Procurement Services Swainson Hall Additional Reviewer Completed 03/14/2018 2:19 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 03/14/2018 2:23 PM
Procurement Services Ted Coyman Additional Reviewer Completed 03/14/2018 2:29 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 03/15/2018 8:05 AM
Parks & Recreation Barry Williams Additional Reviewer Completed 03/15/2018 1:19 PM
Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 03/16/2018 8:35 AM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 03/16/2018 9:26 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 03/16/2018 9:38 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/16/2018 9:53 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/16/2018 10:29 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 03/16/2018 4:30 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 03/19/2018 11:49 AM
16.D.15
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03/27/2018
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/20/2018 10:34 AM
Board of County Commissioners MaryJo Brock Meeting Pending 03/27/2018 9:00 AM
16.D.15
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16.D.15.aPacket Pg. 1383Attachment: 17-7199 - Approved NORA (5068 : Sports Complex Design Services)
Selection Committee
Final Ranking Sheet
RPS #: 17-7199
Title: Design Services Collier County Sports Complex
Name of Firm Margaret
Bishop Trinity Scott Tony Barone Barry
Williams
Dayne
Atkinson Total
Selection
Committee
Final Rank
Davidson Engineering, Inc.1 1 2 1 1 6 1
Stantec Consulting Services, Inc.3 2 1 2 2 10 2
Kimley-Horn and Associates, Inc.2 3 3 3 3 14 3
GAI Consultants, Inc.4 4 4 4 4 20 4
Procurement Professional Adam Northrup, 3/7/2018
Step 1: Upon direction by the Procurement professional, the individual selection committee member should provide their ranking of the
proposals (from highest being number one (1) to lowest.
Step 2: The procurement professional will review the mathematically calculated final rank and discuss the rank order and determine if
consensus is reached.
Page 1 of 1
16.D.15.b
Packet Pg. 1384 Attachment: 17-7199 - Final Ranking (Step 2) (5068 : Sports Complex Design Services)
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
REQUEST FOR PROFESSIONAL SERVICES
In accordance with Florida Statute 287.055
Consultants’ Competitive Negotiation Act
FOR
Design Services Collier County Sports Complex
RPS NO.: 17-7199
EVELYN COLON, PROCUREMENT STRATEGIST
PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FLORIDA 34112
TELEPHONE: (239) 252-2667
FAX: (239) 252-2810
evelyncolon@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.
16.D.15.c
Packet Pg. 1385 Attachment: 17-7199 Scope of Services (5068 : Sports Complex Design Services)
Attachment A - Scope of Work and Technical Specifications
Detailed Scope of Work
Components of Construction
The county’s vision for the execution of the construction phasing is outlined below and subject to available
funding after each phase is encumbered through the GMP process. These phases will be addressed through
amendments to the contract.
a. City Gate 60 +/- acre site civil including but not limited to utilities, stormwater, paving and grading, 8
multipurpose ball fields, amenities, lighting, irrigation, perimeter landscaping, etc.
b. Stadium including but not limited to championship field, lighting, irrigatio n, locker rooms, concession,
media accommodations, stands, stadium seating, etc
c. Field House/Event Center is intended to be a complete building with mechanical, electrical, plumbing
and technology or shell building to be outfitted at a later date. The County reverses the right to
negotiate alternate usage, such as a shelter to meet hurricane standards.
d. County 305 property site civil including but not limited to utilities, stormwater, paving and grading, 8
baseball/softball fields, amenities, lighting, irrigation, perimeter landscaping, etc. (d.) may be
combined with (a.) subject to availability of permits.
e. County seeks to maximize space for advertising.
The Design Professional will also work as part of the development team d uring the construction phase and will
work with the County selected Construction Manager at Risk.
16.D.15.c
Packet Pg. 1386 Attachment: 17-7199 Scope of Services (5068 : Sports Complex Design Services)
1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
REQUEST FOR PROFESSIONAL SERVICES (RPS)
In accordance with Florida Statute 287.055
Consultants’ Competitive Negotiation Act
FOR
Design Services Collier County Sports Complex
RPS NO.: 17-7199
EVELYN COLON, PROCUREMENT STRATEGIST
PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FLORIDA 34112
TELEPHONE: (239) 252-2667
FAX: (239) 252-2810
evelyncolon@colliergov.net (Email)
This proposal solicitation document is prepared in a Microsoft Word format (rev 8/16/17). 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.
16.D.15.d
Packet Pg. 1387 Attachment: 17-7199 Solicitation (5068 : Sports Complex Design Services)
17-7199 “Design Services Collier County Sports Complex”
2
TABLE OF CONTENTS
ITEM DESCRIPTION ........................................................................................................................................................
1. Introduction
2. Background
3. Request for Professional Services (RPS) Process
4. Grading Criteria for Development of Shortlist
Instruction to Proposers
5. Questions
6. Pre-Proposal Conference
7. Compliance with RPS
8. Ambiguity, Conflict, or Other Errors in the RPS
9. Proposals, Presentations, and Protest Costs
10. Delivery of Proposals
11. Validity of Proposals
12. Method of Source Selection
13. Evaluation of Proposals
14. References
15. Reserved Rights
16. Collier County Purchase Order Terms and Conditions
Additional Terms and Conditions for RPS
17. Insurance and Bonding Requirements
18. Additional items and/or Service
19. County’s Right to Inspect
20. Vendor Performance Evaluation
21. Additional Terms and Conditions of Contract
22. Public Records Compliance
23. Payment Method
24. Environmental Health and Safety
25. Licenses
26. Survivability
27. Principal/Collusion
28. Relation of County
29. Termination
30. Lobbying
31. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)
32. Single Proposal
33. Protest Procedures
34. Public Entity Crime
35. Security and Background Checks
36. Conflict of Interest
37. Prohibition of Gifts to County Employees
38. Immigration law Affidavit Certification
39. Term of Contract
Attachments
Scope of Services
Required RPS Forms
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Packet Pg. 1388 Attachment: 17-7199 Solicitation (5068 : Sports Complex Design Services)
17-7199 “Design Services Collier County Sports Complex”
3
FOR QUALIFICATIONS SUBMITTAL
SOLICITATION PUBLIC NOTICE
REQUEST FOR PROFESSINAL
SERVICES (RPS) NUMBER:
17-7199
PROJECT TITLE: Design Services Collier County Sports Complex
PRE-PROPOSAL CONFERENCE: No Pre-Proposal Conference for this solicitation
LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295
TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112
RFQ OPENING DAY/DATE/TIME: January 10, 2018 at 3:00 P.M.
PLACE OF RFQ OPENING: PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FL 34112
1. INTRODUCTION
As requested by the Collier County Board of County Commissioners the Procurement Services Division (hereinafter, “County”)
has issued this Request for Proposal (hereinafter, “RPS”) with the intent of obtaining proposals from interested and qualified
Contractors in accordance with the terms, conditions and specifications stated or attached. The Contractor, at a minimum, mu st
achieve the requirements of the Qualifications, Specifications, or Scope of Work stated.
Collier County is in the process of developing a regional tournament caliber sports facility in multiple phases, the “Project”. The
Project is located approximately 1 mile northeast of the I -75 and Collier Boulevard interchange. The Project will be constructed on
two tracts of land: approximately 60 acres in the City Gate Industrial Park and approximately 60 acres on the County’s property
immediately east of City Gate (see Attachment B “Location Map”). The Project was developed after extensive research determine d
that Collier County did not have adequate facilities that support sports tourism and there is growing local demand for field space.
The research culminated into a final sighting and amenities assessment completed by Hunden Strategic Partners (see Attachment C
Hunden Strategic Partners Report). The report identified three components for the initial sports complex: 1) 8 multipurpose fields
and 8 Baseball/softball fields; 2) a multipurpose championship venue with seating ranging from 3,000 to 6,000 seats; and 3) a
fieldhouse/indoor facility up to 125,000 square feet. The concept also calls for the potential for creative amenities to be designe d in
and around the water management features and fields such as walking/running trails, bicycle track, running track, beach volle yball,
and shaded rest areas.
Following the Hunden study, Collier County developed a technical report that included conceptual complex plans to determine
acreage and general sizing needs. The conceptual plans and cost estimates were used to develop the bud get and preliminary project
scope. The engineering evaluation resulted in a final technical report (see Attachment D - Final Technical Report; Memorandum
from Agnoli, Barber & Brundage, Inc.) that will be used as a guide for the “Development Team”: owner, construction manager, and
design team to include engineer of record, park planner, and architect. The concept plans and technical report should only be used
for a base understanding of the Project. Collier County fully expects that the development team wil l evaluate the needs identified in
the report and feedback from the sports complex task force to create an updated concept plan that will be used to guide the P roject
through design, establish phasing recommendations, and construct the Project.
2. BACKGROUND
This RPS will result in an award for the Preconstruction Phase with the option of adding the Construction Phase Services. The
Design Firm will be expected to work with the Development Team, (Construction Manager at Risk Approach) from the schematic
phase of the design in order to develop the best construction design for the most efficient installation. The Construction Manager is
being selected under a separate solicitation and will report to the County under a separate contract. The chosen Design Firm must
be creative, understand value design/engineering, and have worked in a Construction Manager at Risk environment in the past. The
Project will be constructed in phases as and it is the County’s intent that the Firm will work with the Development Team to run
overlapping designs so that as a phase is going through a Board approved guaranteed maximum price (GMP) contract amendment,
the subsequent phase will follow within approximately six months until the entire Project is completed. The phasing will be used
for cost containment/management while also working expediently to construct the eight multipurpose fields and site civil work as
soon as practicable.
3. REQUEST FOR PROFESSIONAL SERVICES (RPS) PROCESS
3.1 The selection process will involve a two-step proposal review to minimize Proposers’ costs in preparing initial
qualification proposals and expediting the review process. The Proposers will initially s ubmit a qualifications proposal
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17-7199 “Design Services Collier County Sports Complex”
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which will be scored based on the criteria in Section 4.0 Grading Criteria for Development of Shortlist, which will be the
basis for short-listing no less than three (3) firms.
The Proposers will need to meet the minimum requirements outlined herein in or der for their proposal to be evaluated and
scored by the COUNTY. The COUNTY will then issue an invitation for oral presentations (Step 2) to at least the top
three short-listed firms and produce a final ranking for approval by the Board of County Commissioners. Upon approval,
the County will enter into negotiations with the top ranked firms to establish cost for the services needed. With successful
negotiations, a contract will be developed with the selected firm, based on the negotiated price and technical components.
The COUNTY plans to include an allowance in the contract for items such as changes in scope and permit acquisition.
3.2 The COUNTY will use a Selection Committee in the Request for Professional Services selection process.
3.3 The intent of the Step 1 scoring of the qualifications proposal is for consultants to indicate their interest, relevant
experience, financial capability, staffing and organizational structure.
3.4 Based upon a review of these qualification proposals, the top three (3) short-listed firms will be requested to submit Step 2,
to make oral presentations.
3.5 The scores from the RPS - Step 1 used for short-listing for this Project will not be carried forward for the Step 2 of this
selection process.
3.6 The intent of the Step 2 oral presentations is to provide the firms with a venue where they can conduct discussions with the
Selection Committee to clarify questions and concerns before providing a final rank.
3.7 After review of the Step 2 oral presentations, the COUNTY will rank the Proposers based on the discussion and clarifying
questions on their approach and related criteria, and then negotiate in good faith an Agreement with the top ranked
Proposer.
3.8 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top-ranked firm,
negotiations with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a
contract cannot be successfully negotiated with the firm ranked second, negotiations with that firm will be formally
terminated and negotiations shall begin with the third ranked firm, and so on. The COUNTY reserves the right to
negotiate any element of the proposals in the best interest of the COUNTY.
4. GRADING CRITERIA FOR DEVELOPMENT OF SHORTLIST:
4.1 For the development of a shortlist, this evaluation criteria will be utilized by the COUNTY’S Selection Committee to score
each proposal. Consultants are encouraged to keep their proposals concise and to include a minimum of marketing
materials. Proposals must address the following criteria:
Evaluation Criteria Maximum Points
1. Ability of Professional Personnel 20 Points
2. Certified Minority Business Enterprise 5 Points
3. Past Performance 25 Points
4. Project Approach, Willingness to Meet Time and Budget Requirements 20 Points
5. Location 10 Points
6. Recent, Current, and Projected Workloads of the Firm 20 Points
TOTAL POSSIBLE POINTS 100 Points
Tie Breaker: In the event of a tie at final ranking, award shall be made by the Procurement Services Director or designee to
the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total
dollars paid to the proposer in the twenty-four (24) months prior to the RFP submittal deadline. Payment information will
be retrieved from the County’s financial system of record. The tie breaking procedure is only applied in the final ranking
step of the selection process. In the event a tie still exists, selection will be determined based on random selection by the
Procurement Services Director before at least three (3) witnesses.
-----------------------------------------------------------------------------------------------------------------------------------------------
Each criterion and methodology for scoring is further described below.
EVALUATION CRITERIA NO. 1: ABILITY OF PROFESSIONAL PERSONNEL (20 Total Points Available)
This criterion measures the ability of professional team personnel as shown by their level of experience on projects of
similar type, size and complexity. This criterion measures how well the team is staffed to address all facets of the project.
It measures how well the team is organized to deliver the project for the COUNTY. Preference will be given to teams
with knowledge and experience with local construction and regulatory conditions and who demonstrate a strong
commitment to team collaboration proximate to the project site. Preference will also be given to teams (both individual
within the teams and the companies making up the team) that have worked together on successful delivery of similar
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Packet Pg. 1390 Attachment: 17-7199 Solicitation (5068 : Sports Complex Design Services)
17-7199 “Design Services Collier County Sports Complex”
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projects. It measures the overall level of the team’s qualifications to successfully complete the project.
EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points
Available)
Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified
Minority Business Enterprise
EVALUATION CRITERIA NO. 3: PAST PERFORMANCE (25 Total Points Available)
This criterion measures the professional team’s past experience with projects similar in size, type and complexity as this
project. The professional teams will be evaluated on their sports complex design of the size and scope of this project,
including the experience the team members proposed on this project have together on the previous projects presented.
Experience with all elements of the project scope as generally described herein will be evaluated, with specific emphasis
on experience addressing the technical, community and project delivery categories. The professional team’s minimization
of change orders will be an important consideration. Preference will be given to sports complex which were designed
within the last 5 years in proximity to the proposed project.
The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed
reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal.
Provide information on the projects completed by the Proposer that best represent projects of similar size, scope and
complexity of this project using form provided in Attachment B – Form 8. Proposer may include two (2) additional pages
for each project to illustrate aspects of the completed project that provides the PSC information to assess the experience of
the Proposer on relevant project work.
EVALUATION CRITERIA NO. 4: PROJECT APPROACH, WILLINGNESS TO MEET TIME AND BUDGET
REQUIREMENTS (20 Total Points Available)
Written overview of the professional team’s resources available to complete the services requested in the schedule
outlined in the scope of services. The Proposer should illustrate to the COUNTY how they propose to approach the
project and assemble the resources to meet each phase and each major element of the project. (Limit response to 3 pages)
A conceptual level schedule should be included as a separate page to illustrate concepts of design and permitting time,
sequencing of the major elements. (Limit schedule to 1 page, 11” x 17” page size and 40 activities maximum)
Written overview of professional team’s concept and approach to managing the overall cost of the project. (Limit response
to 3 pages)
Include in the 3 page response specific information on past project performance that demonstrates the Proposer’s ability to
meet owners’ budgets including change order history on similar projects.
EVALUATION CRITERIA NO. 5: LOCATION (10 Total Points Available)
The professional team’s approach to management and execution of work with respect to location of various key project
team members will be evaluated under this criterion. The Proposer shall demonstrate from the project kick -off how they
will establish the project location in order to manage day-to-day or on-site information collection and distribution between
internal and external team members, and County staff, as well as other entities involved in the project.
EVALUATION CRITERIA NO. 6: RECENT, CURRENT, AND PROJECTED WORKLOADS OF THE FIRM
(20 Total Points Available)
This criterion measures the team’s proposed resources for the project and their availability to complete all elements of this
project with regards to the closeout of recent work, current workload, and projected projects that could impact the
completion of this project.
INSTRUCTIONS TO PROPOSERS
5. QUESTIONS
5.1 Direct questions related to this RPS to the Collier County Procurement Services Division Online Bidding System website:
www.colliergov.net/bid.
5.2 Consultants must clearly understand that the only official answer or position of the County will be the one stated on the
Collier County Procurement Services Division Online Bidding System website. For general questions, please call the
referenced Procurement Strategist noted on the cover page.
6. PRE-PROPOSAL CONFERENCE
6.1 The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff
regarding the RPS with all prospective Consultants having an equal oppor tunity to hear and participate. Oral questions will
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Packet Pg. 1391 Attachment: 17-7199 Solicitation (5068 : Sports Complex Design Services)
17-7199 “Design Services Collier County Sports Complex”
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receive oral responses, neither of which will be official, nor become part of the R PS. Only written responses to written
questions will be considered official, and will be included as part of the RPS as an addendum.
6.2 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.
7. COMPLIANCE WITH THE RPS
Proposals must be in strict compliance with this RPS. Failure to comply with all provisions of the RPS may result in
disqualification.
8. AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RPS
It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict, discrepancy, omission or
other error in the RPS, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request
modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make
modifications by issuing a written revision and will give written notice to all parties who have received this R PS from the
Procurement Services Division.
9. PROPOSALS, PRESENTATIONS, AND PROTEST COSTS
The County will not be liable in any way for any costs incurred by any Consultant in the preparation of its proposal in
response to this RPS, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if
applicable, any protest procedures.
10. DELIVERY OF PROPOSALS
10.1 All proposals are to be submitted before 3:00 P.M., Naples local time, on or before January 10, 2018 the Collier County
Procurement Services Division Online Bidding System website: www.colliergov.net/bid.
10.2 The County does not bear the responsibility for proposals delivered to the Procurement Services Division past the stated
date and/or time indicated.
11. VALIDITY OF PROPOSALS
11.1 No proposal can be withdrawn after it is opened unless the Consultant makes their request in writing to the County. All
proposals shall be valid for a period of one hundred eighty (180 ) days from the submission date to accommodate
evaluation and selection process.
12. METHOD OF SOURCE SELECTION
12.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as
authorized by Ordinance Number 2017-08, establishing and adopting the Collier County Procurement Ordinance.
12.2 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.
13. EVALUATION OF PROPOSALS
13.1 Collier County will evaluate and the proposals and select the firm in accordance with Florida Statute 287.055,
Consultants’ Competitive Negotiation Act (CCNA).
13.2 The County’s procedure for selecting is as follows:
13.2.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted.
13.2.2 The Request for Professional Services is issued.
13.2.3 Subsequent to the receipt closing date for the proposals, the Procurement professional will review the proposals
received and verify each proposal to determine if it minimally responds to the requirements of the published RPS.
13.2.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services
Division.
13.2.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted
proposals, and establish the next selection committee meeting date and time. After the first meeting, the
Procurement professional will publically announce all subsequent committee meeting dates and times. The
subsequent meeting dates and times will be posted with at least one (1) day advanced notice .
13.2.6 Selection committee members will independently review and score each proposal based on the evaluation
criteria stated in the Request for Professional Services using the Individual Selection Committee Score and Rank
Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and
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Packet Pg. 1392 Attachment: 17-7199 Solicitation (5068 : Sports Complex Design Services)
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Rank Form is merely a tool to assist the selection committee member in their review of the proposals.
13.2.7 At the publicly noticed selection committee meeting, the members will present their independent findings /
conclusions / comments based on their reading and interpretation of the materials presented to each other, and may
ask questions of one another. Time will be allowed for public comment.
13.2.8 Collier County selection committee members may consider all the material submitted by the Proposer and other
information Collier County may obtain to determine whether the Proposer is capable of and has a history of
successfully completing projects of this type, including, without limitation, additional in formation Collier County
may request, clarification of proposer information, and/or additional credit information.
13.2.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly.
The committee will make a determination on which firms will be invited to give oral presentations by short listing
the proposals submitted with the goal of having a minimum of three (3) firms giving oral presentations. The
selection committee may ask for additional information, present materials, interview, ask questions, etc. The
members may consider any and all information obtained through this method in formulating their final ranking.
13.2.10 The selection committee’s overall rank of firms in order of preference (from highest beginn ing with a rank of
one (1) to the lowest) will be discussed and reviewed by the Procurement Professional. By final consensus, and
having used all information presented (proposal, presentation, references, etc.), the selection committee members
will create a final ranking and staff will subsequently enter into negotiations.
13.3 The County reserves the right to withdraw this RPS at any time and for any reason, and to issue such clarifications,
modifications, addendums, and/or amendments as it may deem appropri ate, including, but not limited, to requesting
supplemental proposal information.
13.4 Receipt of a proposal by the County offers no rights upon the Consultant nor obligates the County in any manner.
13.5 Acceptance of the proposal does not guarantee issuance of any other governmental approvals.
14. REFERENCES
The County reserves the right to contact any and all references submitted as a result of this solicitation.
15. RESERVED RIGHTS
Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive mino r
irregularities and technicalities; or to request resubmission. Also Collier County reserves the right to accept all or any pa rt
of any bid, proposal, or offer, and to increase or decrease quantities to meet the additional or reduced requirements of
Collier County. Collier County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award
to one or more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be
in the best interest of the County. Collier County reserves its right to reject any sole response.
PURCHASE ORDER TERMS AND CONDITIONS
16. COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS
16.1 Offer
This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen
(14) days of issuance.
16.2 Acceptance and Confirmation
16.2.1 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.
16.2.2 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 t he 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.
16.3 Inspection
16.3.1 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
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at VENDOR’S expense.
16.3.2 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.
16.4 Shipping and Invoices
16.4.1 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 rece ipt of the goods by the
COUNTY nonetheless remain with VENDOR.
16.4.2 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 invoice s 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.
16.4.3 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.
16.4.4 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.
16.5 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.
16.6 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 require d 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 decr ease
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.
16.7 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 fo r 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.
16.8 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.
16.9 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
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marks or property without the prior written consent of the COUNTY’S Purchasing Department.
16.10 Indemnification
16.10.1 VENDOR shall defend, 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.
16.11 Warranty of Non Infringement
16.11.1 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.
16.11.2 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 a nd/or services provided under this Purchase
Order are inconsistent with VENDOR'S representations and warranties in section 11 (a).
16.11.3 If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur,
VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or
services, or replace or modify the goods or services so that they become non infringing, (without any material
degradation in performance, quality, functionality or additional c ost to the COUNTY).
16.12 Insurance Requirements
16.12.1 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 insu rance
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.
16.13 Compliance with Laws
16.13.1 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 prohib itions 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.
16.14 Force Majeure
16.14.1 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.
16.15 Assignment
16.15.1 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.
16.16 Taxes
16.16.1 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, o r services purchased (Florida
Statutes, Chapter 212), and from federal excise tax.
16.17 Annual Appropriations
16.17.1 The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an
annual appropriation of funds.
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16.18 Termination
16.18.1 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.
16.19 General
16.19.1 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
16.19.2 b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR
shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not
be deemed a waiver of any subsequent default by VENDOR.
16.19.3 c) All notices under this Purchase Order shall be sent to the respective addres ses 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 add ress for
notice by written notice complying with the requirements of this section.
16.19.4 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.
16.19.5 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 Coun ty
and/or provide the greatest protection to the County shall govern.
ADDITIONAL TERMS AND CONDITIONS FOR RPS
17. INSURANCE AND BONDING REQUIREMENTS
17.1 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.
17.2 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.
17.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
17.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of
Collier County.”
17.5 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.
17.6 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
17.7 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
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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.
17.8 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.
17.9 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 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.
17.10 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 ins urance 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.
17.11 If the initial or any subsequently issued Certificate of I nsurance 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.
18. ADDITIONAL ITEMS AND/OR SERVICES
Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the
Procurement Ordinance.
19. 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.
20. 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/terminatio n of this Agreement.
21. ADDITIONAL TERMS AND CONDITIONS OF CONTRACT
21.1 The selected Consultant shall be required to sign a standard Collier County contract.
21.2 The resultant contract(s) may include purchase or work orders issued by the County’s project manager.
21.3 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.
21.4 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.
22. PUBLIC RECORDS COMPLIANCE
22.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as
follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
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Communication and Customer Relations Division
3299 Tamiami Trail East
Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
22.2 The Contractor must specifically comply with the Florida Public Records Law to:
22.2.1 Keep and maintain public records required by the public agency to perform the service.
22.2.2 Upon request from the public agency’s custodian of public records, provide the public agency with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not
exceed the cost provided in this chapter or as otherwi se provided by law.
22.2.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and following
completion of the contract if the Contractor does not transfer the records to the public agency.
22.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the
Contractor or keep and maintain public records required by the public agency to perform the service. If the
Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from public reco rds disclosure
requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor
shall meet all applicable requirements for retaining public records. All records stored electronically must be
provided to the public agency, upon request from the public agency’s custodian of public records, in a format that
is compatible with the information technology systems of the public agency.
23. PAYMENT METHOD
23.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes.
Vendor’s invoices must include:
23.1.1 Purchase Order Number
23.1.2 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 East, Suite 700
Naples FL 34112
Or
Emailed to: bccapclerk@collierclerk.com
23.2 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.
23.3 In instances where the successful contractor may o we 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 o wed to the vendor or contractor for services performed of
for materials delivered in association with a contract.
23.4 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 pay ment for work not performed or for unsatisfactory performance of Contractual
requirements.
24. ENVIRONMENTAL HEALTH AND SAFETY
24.1 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
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around the work site. All firewall penetrations must be protected in order to meet Fire Codes.
24.2 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 provi sion is non-negotiable by any
department and/or Consultant.
24.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash
Studies where relevant as determined by the engineer.
24.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels.
25. LICENSES
25.1 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.
25.2 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.
25.3 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.
26. SURVIVABILITY
26.1 Bids (ITBs/RFPs/RPSs): The Consultant agrees that any Work Order/Purchase Order that extends beyond the expiration
date of Solicitation 17-7199 Design Services Collier County Sports Complex resultant of this solicitation will survive and
remain subject to the terms and conditions of that Agreement until the completion or termination of any Work
Order/Purchase Order.
27. PRINCIPAL/COLLUSION
By submission of this Proposal the undersigned, as Consultant, does declare that the only person or per sons 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.
28. RELATION OF COUNTY
It is the intent of the parties hereto that the Consultant shall be legally considered an independent Cons ultant, 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, thei r
employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or
corporation.
29. TERMINATION
Should the Consultant be found to have failed to perform services in a manner satisfactory to the County, the County may
terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a
thirty (30) day written notice. The County shall be sole judge of non performance. In the event that the award of this
solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated
at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board’s
Procurement Ordinance.
30. LOBBYING
After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact,
communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or
appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon
execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any
Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i)
may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to
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Suspension and Debarment outlined in section Twenty-eight of County Ordinance 2017-08.
31. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (Fl Statute 607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State Divisions of
Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority
(www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the
solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at
the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the
firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm.
32. SINGLE PROPOSAL
Each Consultant must submit, with their proposal, the required forms included in this RPS. Only one proposal from a legal
entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or
joint venture submitting as primary may not then act as a sub-consultant to any other firm submitting under the same RPS.
If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may
act as a sub-consultant to any other firm or firms submitting under the same RPS. All submittals in violation of this
requirement will be deemed non-responsive and rejected from further consideration.
33. PROTEST PROCEDURES
33.1 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 strictly in
accordance with the County’s current Procurement Ordinance and policies.
33.2 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 t hree (3) calendar days (excluding weekends and County
holidays) of the date that the recommended award is posted.
33.3 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.
34. 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 pub lic 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 fo r CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted Consultant list.
35. SECURITY AND BACKGROUND CHECKS
35.1 The Contractor is required to comply with County Ordinance 2004 -52, as amended. Background checks are valid for five
(5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management Division for all employees that shall
provide services to the 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.
35.2 All of Contractor’s employees and subcontractors must wear Collier County Government Identification badges at all
times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from
the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their
background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s
business.
35.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-
FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This
notification is critical to ensure the continued security of Collier Co unty facilities and systems. Failure to notify within
four (4) hours of separation may result in a deduction of $500 per incident.
35.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated
upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs.
36. CONFLICT OF INTEREST
Consultant shall complete the Conflict of Interest Affidavit included as an attachment to this R PS document. Disclosure
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17-7199 “Design Services Collier County Sports Complex”
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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.
37. 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 othe r
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/o r 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, R PS, and/or quotes; and, c. immediate termination
of any contract held by the individual and/or firm for cause.
38. IMMIGRATION LAW AFFIDAVIT CERTIFICATION
38.1 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.
38.2 The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland Security (DHS) in
partnership with the Social Security Administration (SSA), provid es an Internet-based means of verifying employment
eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification
requirements. The program will be used for Collier County formal Invitations to Bid (I TB) and Request for Proposals
(RFP) including Request for Professional Services (RPS) and construction services.
38.3 Exceptions to the program:
38.3.1 Commodity based procurement where no services are provided.
38.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners
38.4 Consultants / Bidders are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment,
at the time of the submission of the Consultant’s/bidder’s proposal. Acceptable evidence consists of a copy of the
properly completed E-Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of
Understanding for the company. Consultants are also required to provide the Collier County Procurement Services
Division an executed affidavit certifying they shall comply with the E -Verify Program. The affidavit is attached to the
solicitation documents. If the Bidder/Consultant does not comply with providing the acceptable E -Verify evidence and the
executed affidavit the bidder’s / Consultant’s proposal may be deemed non-responsive.
38.5 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.
38.6 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.
38.7 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.
39. TERM OF CONTRACT
County reserves the right to modify this scope during negotiations for budgetary reasons.
The contract term, if an a ward is made, will commence on the date of the Notice to Proceed and end upon acceptance and
approval of the final payment.
Surcharges will not be accepted in conjunction with this award, and such charges should be incorporated into the pricing
structure.
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