Agenda 10/08/2013 Item #16B2 10/8/2013 16.B.2.
EXECUTIVE SUMMARY
Recommendation to approve the shortlist of firms under RFP 13-6012 for
Thomasson Drive and Hamilton Avenue Streetscape Improvements Design and
direct staff to bring a negotiated contract with the top ranked firm to the Board for
subsequent approval.
OBJECTIVE: To approve staff selection committee rankings for the referenced
project.
CONSIDERATIONS: The purpose of this item is to approve the ranking of firms for
streetscape improvement design services on a section of Thomasson Drive from
Orchard Lane heading West. The improvements continue as the road turns into
Hamilton Avenue going South. The scope of these services will include those services
required for the proper administration of all phases of the design as well as post design
services.
The RFP was publicly advertised on May 6, 2013. Email notices were sent to 1150 firms
with 56 vendors requesting full packages. Three responses were received by the due
date of May 28, 2013. A public Selection Committee was held on July 24, 2013 and
after review and discussion, and by consensus of the members, the responding firms
were shortlisted in the order as follows:
1. Atkins North America, Inc.
Tied for 2nd: Q. Grady Minor and Associates, PA; RWA Consultants, Inc.
Staff will bring a negotiated contract with the top ranked firm back to the Board for
approval at a subsequent meeting.
ADVISORY COMMITTEE RECOMMENDATIONS: At the Bayshore Beautification
MSTU September 11, 2013 meeting this item was approved 5 to O.
FISCAL IMPACT: The Source of funds is from the Bayshore Beautification MSTU
Fund 163.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management
Plan related to this action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board action. - ERP
RECOMMENDATION: To approve the recommended short list for RFP 13-6012 and
direct staff to bring a negotiated contract to the Board for subsequent approval.
PREPARED BY: Ashley Caserta, Project Manager
Bayshore Gateway Triangle CRA/Bayshore Beautification MSTU
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.B.16.B.2.
Item Summary: Recommendation to approve the shortlist of firms under RFP 13-6012 for
Thomasson Drive and Hamilton Avenue Streetscape Improvements Design and direct staff to
bring a negotiated contract with the top ranked firm to the Board for subsequent approval.
Meeting Date: 10/8/2013
Prepared By
Name: CasertaAshley
Title: Grants Coordinator,
9/26/2013 2:57:38 PM
Submitted by
Title: Grants Coordinator,
Name: CasertaAshley
9/26/2013 2:57:40 PM
Approved By
Name: Markiewiczjoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 9/27/2013 10:48:23 AM
Name: JohnsonScott
Title: Purchasing Agent,Purchasing& General Services
Date: 9/27/2013 4:13:14 PM
Name:jourdan_j
Title: Project Manager,
Date: 9/30/2013 4:06:40 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 9/30/2013 4:34:26 PM
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10/8/2013 16.B.2.
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 9/30/2013 5:12:00 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/1/2013 8:11:21 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 10/1/2013 9:08:47 AM
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REQUEST FOR PROPOSALS
In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act.
CoitTer County
Administrative Services Division
Purchasing
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
CCNA Solicitation
13-6012 Streetscape Improvements Design of
Thomasson Drive and Hamilton Ave
Scott D. Johnson, Interim Acquisition Manager
239/252-8995(Telephone)
239/252-6588(Fax)
ScottJohnson @colliergov.net @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.
CI
Pirdasirg O t,es5•3327 lesse s Trail East•Naples,Florida 34112.4901•esssv c$erguv.net/purchawrg
CCNA(Revision 01/01/2013)
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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 10
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 14
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP 18
ATTACHMENT 1: CONSULTANT'S NON-RESPONSE STATEMENT 26
ATTACHMENT 2: CONSULTANT CHECK LIST 27
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT 28
ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT 29
ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION 31
ATTACHMENT 6: CONSULTANT SUBSTITUTE W—9 32
ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS 33
ATTACHMENT 8: REFERENCE QUESTIONNAIRE 35
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Co per County
Administrative Services Division
Purchasing
Legal Notice
Pursuant to approval by the County Manager, Sealed Proposals to provide Streetscape
Improvements Design of Thomasson Drive & Hamilton Ave will be received until 3:00 PM,
Naples local time, on May 28, 2013 at the Collier County Government, Purchasing
Department, 3327 Tamiami Trail E, Naples, FL 34112.
CCNA Solicitation
13-6012 Streetscape Improvements Design of Thomasson Drive & Hamilton Ave
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.collieroov.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
Interim Purchasing & General Services Director
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 May 6, 2013.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Community Redevelopment Agency (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 in accordance
with the terms, conditions and specifications stated or attached. The Consultant, at a minimum,
must achieve the requirements of the Specifications or Scope of Work stated.
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
The purpose is to improve a section of Thomasson Drive from Orchard Lane heading West.
Improvements continue as the road turns into Hamilton Avenue going South. The scope of
these services is to include those required for the proper administration of all phases of the
design as well as post design services.
Background
The MSTU conducted a master planning process which identified the improvements for
Thomasson Drive and Hamilton Avenue as a priority project. In October 2011 the MSTU
commenced the conceptual design for the project with an engineering firm. This exercise
produced alternative designs for the public to review. The improvements listed below are those
identified by the public as preferred for this project.
a. On Thomasson Drive from Orchard Lane to Bayshore Drive:
i. 8' shared-use path on both sides of Thomasson Drive from Orchard Lane to
Bayshore Drive.
ii. Medians and traffic separators
iii. Public art installations
iv. Improved (green) bicycle lanes
b. On Thomasson Drive West of Bayshore Drive and Hamilton Avenue:
i. Median as space permits
ii. 8' shared-use path on both sides of Thomasson Drive; one side of Hamilton
Avenue
iii. Public art installations
iv. Bicycle lanes on Thomasson Drive; paved shoulders on Hamilton Avenue
A video rendering was created of the project, available to the public.
The MSTU plans to construct the improvements in 2014.
Detailed Scope of Work
- Phase I:
o Task I: Data Collection & Existing Conditions
o Task II: Project Design
o Task III: Permitting
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o Task IV: Preparation of Bid Documents, Assistance with Bidding
- Phase II:
o Task V: Post-Design Services
The anticipated contract term for Phase I shall be for a period not to exceed 14 months. By
mutual agreement and funding availability, the contract may be renewed for up to six months for
design and permitting of Phase II.
The Firm(s) submitting as the Prime Contractor at a minimum must be pre-qualified
through FDOT in the following work groups:
2.0— Project Development& Environmental (PD&E) Studies
3.1 —Minor Highway Design
3.3—Controlled Access Highway Design
4.1.1 - Miscellaneous Structures
The firm (s) submitting as a subcontractor to the Prime at a minimum must be prequalified
through FDOT in the following work groups to provide that service:
6.1 — Traffic Engineering Studies
6.3.1 —Traffic Systems Analysis and Design f
7.1 — Signing, Pavement Marking & Channelization
7.2— Lighting
7.3 - Signalization
8.1 — Control Surveying
8.2— Design, Right of Way& Const. Survey
8.4— Right of Way Mapping
9.1 — Soil Exploration
Term of Contract
The contract term, if an award(s) is/are made is intended to be for duration of the design and
construction phase of the work.
Prices shall remain firm for the initial term of this contract. Price adjustments are dependent
upon the consumer price index (CPI) over the past twelve (12) months, budget availability
and program manager approval.
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 5/6/2013
Last Date for Receipt of Written Questions 5/21/2013, 12 noon,
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Naples Local Time
Addendum Issued Resulting from Written Questions or Pre- Date
Proposal Conference (Include if applicable)
Solicitation Deadline Date and Time 5/28/2013, 3PM,
Naples Local Time
Anticipated Evaluation of Submittals TBD
Consultant Presentations if Required (Include if applicable) TBD
Anticipated Completion of Contract Negotiations (Include if TBD
applicable)
Anticipated Board of County Commissioner's Contract TBD
Approval Date
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.
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.
1. Tab I, Cover Letter/ Management Summary (0 pts)
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.
• 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.
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REMOVE the following two paragraphs if not relevant Site Inspection: If services
to be provided involve or are related to a physical site(s), including, but not limited to:
design services for construction, physical monitoring, environmental studies, inspections
or other similar activities, prior to submission of proposal, proposers select one shall or
may visit the site(s)to become familiar with local conditions that may in any manner
affect performance of the Work.This site visit shall be documented in writing by the
proposer,this documentation shall be submitted with the proposal The proposal select
one may or will be deemed non-responsive if the site visit documentation is not
presented to the County in the proposer's submitted proposal materials. Upon award of
the contract, subsequent site visits shall be at intervals appropriate to the stage of the
project, as determined by the County project manager.'
No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties
that.may be encountered in the execution of the Work pursuant to this Agreement as a
of failure to make the necessary examinations and investigations shall be
accepted as an excuse for any failure or omission on the part of the awarded proposer,
nor shall they be accepted as a basis for any claims whatsoever for extra compensation
or for an extension of time.
2. Tab II, Business Plan (15 pts)
In this tab, include:
• Detailed plan of approach (including major tasks and sub-tasks).
• Detailed time line for completion of the project.
• Include with the Business Plan or as an attachment, a copy of a report as an
example of work product. This should be for one of the projects listed as a
reference.
3. Tab III, Experience and Capacity of Firm (40 pts)
In this tab, include:
• Provide information that documents Consultant's and subcontractors'
qualifications to produce the required deliverables, including abilities, capacity,
skill, and financial strength, and number of years of experience in providing the
required services.
• Provide details of risks that may be associated with the project and how the firm
may overcome those risks.
• Provide details of unique benefits that the firm offers on this project.
• Provide current list of projects in the format identified below:
Project Original Date End Date iginal Final Project Number of
Start Change
Description Budget Cost Orders
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4. Tab IV, Specialized Expertise of Team Members (25 pts)
In this tab, include:
• Description of the proposed contract team and the role to be played by each
member of the proposed team.
• Describe the various team members' successful experience in working with one
another on previous projects.
• Attach resumes of all proposed project team members who will be involved in the
management of the total package of services, as well as the delivery of specific
services.
• Attach resumes of any sub-consultants. If sub-consultants are being utilized,
letters of intent from stated sub-consultants must be included with proposal
submission.
5. Tab V, References—5 Completed and Returned (20 pts)
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 from clients whose
projects are of a similar nature to this solicitation as a part of their proposal. The County
will only use the methodology calculations for the first five (5) references (only)
submitted by the 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 the first decimal point(per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be
distributed among the five proposers.
Consultant Total
Consultant Name Points Awarded
Reference Score
Consultant ABC 445 20
Consultant DEF 435 19.6
Consultant GHI 425 19.1
Consultant JKL 385 17.3
Consultant MNO 385 17.3
Consultant PQR 250 11.2
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Note:Sample chart reflects a 20 point reference criterion.
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.
6. Tab VI, Acceptance of Conditions
Indicate any exceptions to the general terms and conditions of the RFP, and to
insurance requirements or any other requirements listed in the RFP. If no exceptions are
indicated in this tabbed section, it will be understood that no exceptions to these
documents will be considered after the award, or if applicable, during negotiations.
Exceptions taken by a Consultant may result in evaluation point deduction(s) and/or
exclusion of proposal for Selection Committee consideration, depending on the extent of
the exception(s). Such determination shall be at the sole discretion of the County and
Selection Committee.
7. Tab VII, Required Form Submittals (0 pts)
• 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
• Other: License, certifications, informational materials, etc.
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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.
6. Delivery of Proposals
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All proposals are to be delivered before 3:00 PM, Naples local time, on or before May 21,
2013 to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Scott D. Johnson, Interim Acquisition Manager
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
Purchasing/General Services 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 87-25, and Collier County Resolution
Number 2006-268 establishing and adopting the Collier County Purchasing Policy.
If the County receives proposals from less than three (3) firms, the Purchasing Director shall
review all the facts and determine if it is in the best interest of the County to solicit additional
proposals or request that the Selection Committee rank order the received proposals.
The County may, as it deems necessary, conduct discussions with qualified Consultants
determined to be in contention for being selected for award for the purpose of clarification to
assure full understanding of, and responsiveness to solicitation requirements.
9. Evaluation of Proposals
Collier County will evaluate and select these Services in accordance with Florida Statute 287.055,
Consultants' Competitive Negotiation Act.
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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
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.
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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.
Business Plan 15 pts
Experience and Capacity of the Firm 40 pts
Specialized Expertise of Team Members 25 pts
References 20 pts
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 and to comply with all carrier
This offer is subject to cancellation by the regulations. Risk of loss of any goods
COUNTY without notice if not accepted by sold hereunder shall transfer to the
VENDOR within fourteen (14) days of COUNTY at the time and place of
issuance. delivery; provided that risk of loss prior
to actual receipt of the goods by the
2. Acceptance and Confirmation COUNTY nonetheless remain with
This Purchase Order (including all VENDOR.
documents attached to or referenced b) No charges will be paid by the COUNTY
therein) constitutes the entire agreement for packing, crating or cartage unless
between the parties, unless otherwise otherwise specifically stated in this
specifically noted by the COUNTY on the Purchase Order. Unless otherwise
face of this Purchase Order. Each delivery provided in Purchase Order, no invoices
of goods and/or services received by the shall be issued nor payments made
COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and
be upon the terms and conditions contained other charges are itemized, any
in this Purchase Order. discount will be taken on the full amount
of invoice.
No additional terms may be added and c) All shipments of goods scheduled on the
Purchase Order may not be changed except same day via the same route must be
by written instrument executed by the consolidated. Each shipping container
COUNTY. VENDOR is deemed to be on must be consecutively numbered and
notice that the COUNTY objects to any marked to show this Purchase Order
additional or different terms and conditions number. The container and Purchase
contained in any acknowledgment, invoice Order numbers must be indicated on bill
or other communication from VENDOR, of lading. Packing slips must show
notwithstanding the COUNTY'S acceptance Purchase Order number and must be
or payment for any delivery of goods and/or included on each package of less than
services, or any similar act by VENDOR. container load (LCL) shipments and/or
with each car load of equipment. The
3. Inspection COUNTY reserves the right to refuse or
All goods and/or services delivered return any shipment or equipment at
hereunder shall be received subject to the VENDOR'S expense that is not marked
COUNTY'S inspection and approval and with Purchase Order numbers.
payment therefore shall not constitute VENDOR agrees to declare to the
acceptance. All payments are subject to carrier the value of any shipment made
adjustment for shortage or rejection. All under this Purchase Order and the full
defective or nonconforming goods will be invoice value of such shipment.
returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase
at VENDOR'S expense. Order number and any other specific
information as identified on the
To the extent that a purchase order requires Purchase Order. Discounts of prompt
a series of performances by VENDOR, the payment will be computed from the date
COUNTY prospectively reserves the right to of receipt of goods or from date of
cancel the entire remainder of the Purchase receipt of invoices, whichever is later.
Order if goods and/or services provided Payment will be made upon receipt of a
early in the term of the Purchase Order are proper invoice and in compliance with
non-conforming or otherwise rejected by the Chapter 218, Fla. Stets., otherwise
COUNTY. known as the "Local Government
4. Shipping and Invoices Prompt Payment Act," and, pursuant to
a) All goods are FOB destination and must the Board of County Commissioners
be suitably packed and prepared to Purchasing Policy.
secure the lowest transportation rates
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5. Time Is Of the Essence and transportation shall conform to all
Time for delivery of goods or performance of applicable laws, including but not limited to
services under this Purchase Order is of the the Occupational Health and Safety Act, the
essence. Failure of VENDOR to meet Federal Transportation Act and the Fair
delivery schedules or deliver within a Labor Standards Act, as well as any law or
reasonable time, as interpreted by the regulation noted on the face of the Purchase
COUNTY in its sole judgment, shall entitle Order.
the COUNTY to seek all remedies available
to it at law or in equity. VENDOR agrees to 9. Advertising
reimburse the COUNTY for any expenses No VENDOR providing goods and services
incurred in enforcing its rights. VENDOR to the COUNTY shall advertise the fact that
further agrees that undiscovered delivery of it has contracted with the COUNTY for
nonconforming goods and/or services is not goods and/or services, or appropriate or
a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other
upon further compliance with all identifying marks or property without the
specifications. prior written consent of the COUNTY'S
Purchasing Department.
6. Changes
The COUNTY may at any time and by 10. Indemnification
written notice make changes to drawings VENDOR shall indemnify and hold harmless
and specifications, shipping instructions, the COUNTY from any and all claims,
quantities and delivery schedules within the including claims of negligence, costs and
general scope of this Purchase Order. expenses, including but not limited to
Should any such change increase or attorneys' fees, arising from, caused by or
decrease the cost of, or the time required for related to the injury or death of any person
performance of the Purchase Order, an (including but not limited to employees and
equitable adjustment in the price and/or agents of VENDOR in the performance of
delivery schedule will be negotiated by the their duties or otherwise), or damage to
COUNTY and VENDOR. Notwithstanding property (including property of the COUNTY
the foregoing, VENDOR has an affirmative or other persons), which arise out of or are
obligation to give notice if the changes will incident to the goods and/or services to be
decrease costs. Any claims for adjustment provided hereunder.
by VENDOR must be made within thirty(30)
days from the date the change is ordered or 11. Warranty of Non-Infringement
within such additional period of time as may VENDOR represents and warrants that all
be agreed upon by the parties. goods sold or services performed under this
Purchase Order are: a) in compliance with
7. Warranties applicable laws; b) do not infringe any
VENDOR expressly warrants that the goods patent, trademark, copyright or trade secret;
and/or services covered by this Purchase and c) do not constitute unfair competition.
Order will conform to the specifications,
drawings, samples or other descriptions VENDOR shall indemnify and hold harmless
furnished or specified by the COUNTY, and the COUNTY from and against any and all
will be of satisfactory material and quality claims, including claims of negligence, costs
production, free from defects and sufficient and expense, including but not limited to
for the purpose intended. Goods shall be attorneys' fees, which arise from any claim,
delivered free from any security interest or suit or proceeding alleging that the
other lien, encumbrance or claim of any third COUNTY'S use of the goods and/or
party. These warranties shall survive services provided under this Purchase Order
inspection, acceptance, passage of title and are inconsistent with VENDOR'S
payment by the COUNTY. representations and warranties in section 11
(a).
8. Statutory Conformity
Goods and services provided pursuant to If any claim which arises from VENDOR'S
this Purchase Order, and their production breach of section 11 (a) has occurred, or is
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likely to occur, VENDOR may, at the and acts of nature. When VENDOR has
COUNTY'S option, procure for the COUNTY knowledge of any actual or potential force
the right to continue using the goods or majeure or other conditions which will delay
services, or replace or modify the goods or or threatens to delay timely performance of
services so that they become non-infringing, this Purchase Order, VENDOR shall
(without any material degradation in immediately give notice thereof, including all
performance, quality, functionality or relevant information with respects to what
additional cost to the COUNTY). steps VENDOR is taking to complete
delivery of the goods and/or services to the
12. Insurance Requirements COUNTY.
The VENDOR, at its sole expense, shall
provide commercial insurance of such type 15. Assignment
and with such terms and limits as may be VENDOR may not assign this Purchase
reasonably associated with the Purchase Order, nor any money due or to become due
Order. Providing and maintaining adequate without the prior written consent of the
insurance coverage is a material obligation COUNTY. Any assignment made without
of the VENDOR. All insurance policies shall such consent shall be deemed void.
be executed through insurers authorized or
eligible to write policies in the State of 16. Taxes
Florida. Goods and services procured subject to this
Purchase Order are exempt from Florida
13. Compliance with Laws sales and use tax on real property, transient
In fulfilling the terms of this Purchase Order, rental property rented, tangible personal
VENDOR agrees that it will comply with all purchased or rented, or services purchased
federal, state, and local laws, rules, codes, (Florida Statutes, Chapter 212), and from
and ordinances that are applicable to the federal excise tax.
conduct of its business. By way of non-
exhaustive example, this shall include the 17. Annual Appropriations
American with Disabilities Act and all The COUNTY'S performance and obligation
prohibitions against discrimination on the to pay under this Purchase Order shall be
basis of race, religion, sex creed, national contingent upon an annual appropriation of
origin, handicap, marital status, or veterans' funds.
status. Further, VENDOR acknowledges
and without exception or stipulation shall be 18. Termination
fully responsible for complying with the This Purchase Order may be terminated at
provisions of the Immigration Reform and any time by the COUNTY upon 30 days
Control Act of 1986 as located at 8 U.S.C. prior written notice to the VENDOR. This
1324, et seq. and regulations relating Purchase Order may be terminated
thereto, as either may be amended. Failure immediately by the COUNTY for breach by
by the awarded firm(s) to comply with the VENDOR of the terms and conditions of this
laws referenced herein shall constitute a Purchase Order, provided that COUNTY has
breach of the award agreement and the provided VENDOR with notice of such
County shall have the discretion to breach and VENDOR has failed to cure
unilaterally terminate said agreement within 10 days of receipt of such notice.
immediately. Any breach of this provision
may be regarded by the COUNTY as a 19. General
material and substantial breach of the a) This Purchase Order shall be governed
contract arising from this Purchase Order. by the laws of the State of Florida. The
venue for any action brought to
14. Force Majeure specifically enforce any of the terms and
Neither the COUNTY nor VENDOR shall be conditions of this Purchase Order shall
responsible for any delay or failure in be the Twentieth Judicial Circuit in and
performance resulting from any cause for Collier County, Florida
beyond their control, including, but without b) Failure of the COUNTY to act
limitation to war, strikes, civil disturbances immediately in response to a breach of
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this Purchase Order by VENDOR shall accordance with Florida Statute Chapter
not constitute a waiver of breach. 112.061, Per Diem and Travel
Waiver of the COUNTY by any default Expenses for Public Officers, employees
by VENDOR hereunder shall not be and authorized persons.
deemed a waiver of any subsequent e) In the event of any conflict between or
default by VENDOR. among the terms of any Contract
c) All notices under this Purchase Order Documents related to this Purchase
shall be sent to the respective Order, the terms of the Contract
addresses on the face page by certified Documents shall take precedence over
mail, return receipt requested, by the terms of the Purchase Order. To the
overnight courier service, or by personal extent any terms and /or conditions of
delivery and will be deemed effective this Purchase Order duplicate or overlap
upon receipt. Postage, delivery and the Terms and Conditions of the
other charges shall be paid by the Contract Documents, the provisions of
sender. A party may change its address the Terms and/or Conditions that are
for notice by written notice complying most favorable to the County and/or
with the requirements of this section. provide the greatest protection to the
d) The Vendor agrees to reimbursement of County shall govern.
any travel expenses that may be
associated with this Purchase Order in
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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 provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant
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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
Y Y
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 80% 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. 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.
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.
7. Work Orders on Fixed Term Contracts
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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
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 and with a maximum yearly contract amount
of $750,000 per firm. 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.
8. Payment Method
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk( collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and/or services as
part of this agreement.
Payment methods include:
• Traditional— payment by check, wire transfer or other cash equivalent.
• Standard —payment by purchasing card. Collier County's Purchasing Card Program is supported by
standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules
for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of using
the County's credit card for transactions relating to this solicitation. The County will entertain bids
clearly stating pricing for standard payment methods. An additional separate discounted price for
traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional
Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that
prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for
payment without prior approval from the Project manager. All invoices should be submitted within the
fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices
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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.
9. Environmental Health and Safety
All Consultants and Sub Consultants performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Consultants and Sub
Consultants shall be responsible for the safety of their employees and any unsafe acts or conditions that
may cause injury or damage to any persons or property within and around the work site. All firewall
penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County facility,
property and/or right-of-way for the purpose of inspection of any Consultant's work operations. This
provision is non-negotiable by any department and/or Consultant.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination
and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
10. Licenses
The Consultant is required to possess the correct Business Tax Receipt, professional license, and any
other authorizations necessary to carry out and perform the work required by the project pursuant to all
applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind.
Additionally, copies of the required licenses must be submitted with the proposal response
indicating that the entity proposing, as well as the team assigned to the County account, is
properly licensed to perform the activities or work included in the contract documents. Failure on
the part of any Consultant to submit the required documentation may be grounds to deem
Consultant non-responsive. A Consultant, with an office within Collier County is also required to have
an occupational license.
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All State Certified contractors who may need to pull Collier County permits or call in inspections must
complete a Collier County Contractor License registration form and submit the required fee. After
registering the license/registration will need to be renewed thereafter to remain "active" in Collier County
If you have questions regarding professional licenses contact the Contractor Licensing, Community
Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions
regarding required occupational licenses, please contact the Tax Collector's Office at(239) 252-2477.
11. Survivability
Purchase Orders: The Consultant/ContractorNendor agrees that any Purchase Order that extends
beyond the expiration date of the original Solicitation 13-6012 will survive and remain subject to the
terms and conditions of that Agreement until the completion or termination of this Purchase Order.
12. Principals/Collusion
By submission of this Proposal the undersigned, as Consultant, does declare that the only person or
persons interested in this Proposal as principal or principals is/are named therein and that no person
other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that
this Proposal is made without connection with any person, company or parties making a Proposal, and
that it is in all respects fair and in good faith without collusion or fraud.
13. Relation of County
It is the intent of the parties hereto that the Consultant shall be legally considered an independent
Consultant, and that neither the Consultant nor their employees shall, under any circumstances, be
considered employees or agents of the County, and that the County shall be at no time legally
responsible for any negligence on the part of said Consultant, their employees or agents, resulting in
either bodily or personal injury or property damage to any individual, firm, or corporation.
14.Termination
Should the Consultant be found to have failed to perform his services in a manner satisfactory to the
County, the County may terminate this Agreement immediately for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole
judge of non-performance.
15. 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 Purchasing 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.
16. 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.orq/search.html) prior to execution of a contract. A copy of the
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document may be submitted with the solicitation response and the document number shall be identified.
Firms who do not provide the certificate of authority at the time of response shall be required to provide
same within five (5) days upon notification of selection for award. If the firm cannot provide the document
within the referenced timeframe,the County reserves the right to award to another firm.
17. Single Proposal
Each Consultant must submit, with their proposal, the required forms included in this RFP. Only one
proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a
primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-
consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a
primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-
consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this
requirement will be deemed non-responsive and rejected from further consideration.
In addition, consultants that have participated and/or will participate in the development of scope,
background information or oversight functions on this project are precluded from submitting a
Proposal as either a prime or sub-consultant.
18. Protest Procedures
Any actual or prospective Consultant to a Request for Proposal, who is aggrieved with respect to the
former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of
proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier
County time on the final published date for the acceptance of the Request for Proposals.
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 Purchasing 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 Purchasing Director.
19. Public Entity Crime
A person or affiliate who has been placed on the convicted Consultant list following a conviction for a
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for
the construction or repair of a public building or public work; may not submit bids, proposals, or replies
on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the convicted Consultant list.
20. Security and Background Checks
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.
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Contractor shall be required to maintain records on each employee and make them available to the
County for at least four(4) years.
21. 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.
22. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311.
Violation of this provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and/or any employee of the firm from contact with County staff for a specified period of
time; b. Prohibition by the individual and/or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any contract held by the individual and/or firm for cause.
23. Immigration Law Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United States
and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based
means of verifying employment eligibility of workers in the United States; it is not a substitute for any
other employment eligibility verification requirements. The program will be used for Collier County formal
Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction
services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
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.dov/E-Verify. It shall be the Consultant's responsibility to
familiarize themselves with all rules and regulations governing this program.
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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.
VIII
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Col firer Comity
Administrative Services Division
Purchasing
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 13-6012 Street Improvement Design Thomasson Drive&
Hamilton Ave 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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Co G;r county
Administrative Services Division 5'
Purchasing
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.
❑ The mailing envelope has been addressed to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn:Scott D. Johnson, Interim Acquisition Manager
CCNA Solicitation: 13-6012 Streetscape Improvements — Thomasson Drive &
Hamilton Ave.
❑ 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.)
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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Co Tier County
Administrative Senrioes Division
Purchasing
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
Purchasing/General Services 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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Co Ter Count
Administrative Services Division
Purchasing
Attachment 4: Consultant Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: CCNA Solicitation: 13-6012 Streetscape Improvements—Thomasson Drive & Hamilton Ave.
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:
II
ail
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Co i*r County
Administrative Services Division
Purchasing
Attachment 5: Immigration Affidavit Certification
CCNA Solicitation: 13-6012 Streetscape Improvements—Thomasson Drive & Hamilton Ave.
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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Coikr county
Administrative Services Dvscn
Purchasing
Attachment 6: Consultant Substitute W—9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County(including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address City
State Zip
Telephone FAX Email
Order Information Remit/Payment Information
Address Address
City State Zip City State Zip
FAX FAX
Email Email
2. Company Status(check only one)
_Individual/Sole Proprietor _Corporation _Partnership
_Tax Exempt(Federal income tax-exempt entity _Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c)3) 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, t certify that the information shown on this form is correct to
my knowledge.
Signature Date
Title Phone Number
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Cofer County
Administrative Services Division
Purchasing
Attachment 7: Insurance and Bonding Requirements
Insurance/Bond Type Required Limits
1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. ® Employer's Liability $1,000,000 single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability(Occurrence Form)
patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form 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
ContractorNendor/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 ContractorNendor/Consultant or anyone
employed or utilized by the ContractorNendor/Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence
of Collier County.
4. ®Automobile Liability $ 500,000 Each Occurrence; Bodily Injury& Property Damage,
Owned/Non-owned/Hired;Automobile Included
5. ❑ Other insurance as ❑Watercraft $ Per Occurrence
noted:
❑ 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 $ per claim and in
the aggregate
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• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
❑Valuable Papers Insurance $ Per Occurrence
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 For projects in excess of$200,000, bonds shall be submitted with the
Payment Bonds 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.
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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Coo,er County
Administrative Services()vision
Purchasing
Attachment 8: Reference Questionnaire
Solicitation: 13-6012 Streetscape Improvements—Thomasson Drive & Hamilton Ave.
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name: Company:
(Evaluator completing reference questionnaire) (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/indivdival 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 Close out project process (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 County 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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FROM: STAPLES INC
315 WEA1,LEY RD NO POSTAGE
CALEXICO GA 92231 PARCEL POST NECESSARY
IF MAILED IN
THE UNITED
POSTAGE DUE COMPUTED BY DELIVERY UNIT STATES
POSTAGE $
TOTAL POSTAGE AND FEES DUE $
MERCHANDISE RETURN LABEL
PERrv1ITNO1 CALEXICO CA 92231
STAPLES CARTRIDGE RETURN 315 WEAKLEY RD
limannalmmiomm
IMIIINEMNINMEIN
IONIMMINNOMMOMM
POSTAGE WILL BE PAID BY ADDRESSEE
POSTAGE DUE UNIT
U S POSTAL SERVICE
PO BOX 9998
CALEXICO CA 92231
Recycle your toner cartridge and help the environment!
Its easy and FREE with Staples.
Recycling empty toner cartridges with Staples is a great way to help the environment, and
it's a free service to you. Staples pays the postage when you use this recycling label.
Follow these easy steps:
1. Place your empty toner cartridge with packing materials into a box and tape it
securely.
•
2. Print this postage paid label using the "Print" functionality of your browser.
3. Cut the label off at the center perforation line.
4. Attach the preformatted label to the package and drop it in the US Mail.
This program is neither sponsored nor endorsed by any original equipment manufacturer.
Packet Page-1804-