Agenda 07/24/2012 Item #16C10Recommendation to approve
Johnson Engineering, Inc. for
Engineering Services - U.S. 41
73045.
7/24/2012 Item 16.x.10.
EXECUTIVE SUMMARY
selection committee rankings and enter into negotiations with
a contract for Request for Proposal No. 12 -5919, "Utility Design
from C.R. 951 to Greenway Road," Project Numbers 70045 and
OBJECTIVE: To provide professional utility design engineering services for water and wastewater
infrastructure relocations along U.S. 41 from C.R. 951 to Greenway Road.
CONSIDERATIONS: The Florida Department of Transportation (FDOT) is planning a road widening
improvement project along U.S. 41 from C.R. 951 to Greenway Road. The Collier County Water -Sewer
District has water and wastewater infrastructure that requires relocation to accommodate the FDOT
project. On June 24, 2008, as Agenda Item 10G, the Board of County Commissioners (Board) adopted
the 2008 Water Master Plan Update and 2008 Wastewater Master Plan Update that identified the
requirement for coordination with FDOT projects. This project is consistent with the 2008 Water Master
Plan Update, Project 70045, "FDOT Joint Project Agreements — Water" as shown in Section 8, Table 8 -2,
Page 2 of 5, Line 53; and, with the 2010 Water CIP Update, Page3 of 4, Line 87, as identified in the 2011
User Fee Rate Study. This project is also consistent with the 2008 Wastewater Master Plan Update,
Project 73045, "FDOT Joint Project Agreements - Sewer" as shown in Section 8, Table 8 -2, Page 2 of 5,
Line 73; and, with the 2010 Wastewater CIP Update, Page 2 of 4, Line 50, as identified in the 2011 User
Fee Rate Study.
Request for Proposal (RFP) No. 12 -5919, Utility Design Engineering Services — U.S. 41 from C.R. 951 to
Greenway Road, was posted on June 15, 2012 with 1189 notices sent to vendors who provide these
services and 80 firms downloaded the full RFP package. The deadline for submission was July 6, 2012,
and, five responsive proposals were timely received. RFP 12 -5919 will provide professional utility
design engineering services including but not limited to, permitting, specifications, utility work schedules,
project management, construction contract administration, and post construction services. The selection
committee met on July 13, 2012, and by consensus selected Johnson Engineering, Inc. to provide the
required services. The final rankings are shown below.
Name of Firm Final RankinL
Johnson Engineering, Inc.
1
Greeley and Hansen LLC
2
Stanley Consultants
3
Johnson Engineering, Inc. is qualified and has experience both designing and inspecting various utility
design projects. Staff recommends approval of the short list and authorization to commence contract
negotiations with Johnson Engineering, Inc. After contract terms are negotiated, staff will return to the
Board for approval of the proposed contract.
FISCAL IMPACT: There is no fiscal impact at this time. Once negotiations are completed and
approved, funding is available in, and is consistent with, the FY2012 Capital Budget approved by the
Board on September 22, 2011. The source of funding is Water User Fees, Fund 412, and Wastewater User
Fees, Fund 414.
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7/24/2012 Item 16.C.10.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's
Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT.
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the viability of public facilities.
RECOMMENDATIONS: That the Board of County Commissioners, as Ex- officio the Governing
Board of the Collier County Water -Sewer District, approve the selection committee rankings and
authorize entering into negotiations with Johnson Engineering, Inc., for a contract for Request for
Proposal No. 12 -5919, "Utility Design Engineering Services – U.S. 41 from C.R. 951 to Greenway
Road," Project Numbers 70045 and 73045, that will be brought back to the Board for approval.
Prepared by: Nathan Beals, Project Manager, Public Utilities Planning and Project Management
Department
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.10.
7/24/2012 Item 16.0.10
Item Summary: Recommendation to approve selection committee rankings and enter
into negotiations with Johnson Engineering, Inc. for a contract for Request for Proposal No. 12-
5919, "Utility Design Engineering Services - U.S. 41 from C.R. 951 to Greenway Road," Project
Numbers 70045 and 73045.
Meeting Date: 7/24/2012
Prepared By
Name: Nathan Beals
Title: Project Manager, Associate,Public Utilities Engine
6/28/2012 2:24:56 PM
Approved By
Name: HapkeMargie
Title: Operations Analyst, Public Utilities
Date: 7/2/2012 9:21:03 AM
Name: CromerAaron
Title: Project Manager, Principal,Public Utilities Engineering
Date: 7/13/2012 9:51:32 AM
Name: ChmelikTom
Title: Director, Public Utilities Engineering
Date: 7/13/2012 9:51:50 AM
Name: JohnsonScott
Title: Purchasing Agent,Purchasing & General Services
Date: 7/13/2012 10:02:50 AM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 7/13/2012 10:04:47 AM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Packet Page -2323-
Date: 7/15/2012 2:58:37 PM
7/24/2012 Item 16.2.10.
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 7/16/2012 10:41:44 AM
Name: YilmazGeorge
Title: Administrator, Public Utilities
Date: 7/16/2012 11:17:42 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/16/2012 11:56:17 AM
Name: UsherSusan
Title: Management /Budget Analyst, Senior,Office of Manage
Date: 7/17/2012 2:27:58 PM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 7/17/2012 3:05:52 PM
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7/24/2012 Item 16.C.10.
REQUEST FOR PROPOSALS AMW
In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act.
Co 7E 1' qap t
Adrr nistabvre Services lion
Purchasing
urchasing
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
CCNA Solicitation
12 -5919 Utility Design Engineering Services -
US41 from CR951 to Greenway Road
Scott D. Johnson, Procurement Strategist
2391252 -8995 (Telephone)
2391252 -6588 (Fax)
scottjohnson @colliergov.net (Email)
This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this
document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent
award, or any other legal remedies available to the Collier County Government.
CCNA (Revision 3/112012)
R.s,.,aDe,pam .: 3.<7Tamom� :,3- -ao: :.a'.._ F;onn a34 2 :tip,:.w" y_...�purohasna
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7/24/2012 Item 16.C.1 C.
Table of Contents
LEGALNOTICE ......................................................................................... ............................... 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ..................... 4
EXHIBIT 11: 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: VENDOR'S NON - RESPONSE STATEMENT ................. .............................26
ATTACHMENT 2: VENDOR CHECK LIST .................................................. .............................27
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT .......................... .............................28
ATTACHMENT 4: VENDOR DECLARATION STATEMENT ....................... .............................29
ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION ............... .............................31
ATTACHMENT 6: VENDOR SUBSTITUTE W — 9 ....................................... .............................32
ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS .......... .............................33
ATTACHMENT 8: REFERENCE QUESTIONNAIRE ................................... .............................35
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7/24/2012 Item 16.C.10.
coyler County
AcIrnnistrative Services DMsion
Pum -hasmg
Legal Notice
Pursuant to approval by the County Manager, Sealed Proposals to provide 12 -5919 Utility
Design Engineering Services - US41 from CR951 to Greenway Road will be received until 3:00
PM, Naples local time, on July 6, 2012 at the Collier County Government, Purchasing
Department, 3327 Tamiami Trail E, Naples, FL 34112.
CCNA Solicitation
12 -5919 Utility Design Engineering Services - US41 from CR951 to Greenway Road
A pre - proposal conference is not applicable for this solicitation.
All statements shall be made upon the official proposal form which must be obtained only on the
Collier County Purchasing Department E- Procurement website: www.colliergov.net /bid.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: /S/ Joanne Markiewicz
Interim Purchasing & General Services Director
This Public Notice was posted on the Collier County Purchasing Department website:
www.colliergov.net/purchasinq and in the Lobby of Purchasing Building "G ", Collier County
Government Center on June 15, 2012.
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7/24/2012 Item 16.0.10.
Exhibit E: Scope of Work, Specifications and Response Format
As requested by the Collier County Public Utilities Planning & Project Management Department
(hereinafter, the "Division or Department'), the Collier County Board of County Commissioners
Purchasing Department (hereinafter, "County ") has issued this Request for Proposal
(hereinafter, "RFP ") with the intent of obtaining proposals from interested and qualified firms in
accordance with the terms, conditions and specifications stated or attached.
The Vendor, at a minimum, must achieve the requirements of the Specifications or Scope of
Work stated herein.
Brief Description of Purchase
The professional services will include, but not be limited to, design engineering, permitting and
permitting services, specifications, utility work schedules, project management, construction
contract administration, and post construction services. The scope of these services is to
include those required for the administration of all phases of the design as well as post design.
This scope does not include construction inspection or observation as the County will retain the
services of a separate CEI firm for this task.
Estimated Construction cost: $2.7 million.
Background
The purpose is to relocate all the water and wastewater infrastructure to accommodate a future
Florida Department of Transportation (FDOT) project to widen US41 between CR951 and
Greenway Road from two lanes to six lanes. It is expected that the entire three and a half miles
of water main and force main will require relocation.
The County plans for the relocations to be performed by the FDOT highway contractor that is
planned to be let during the first quarter of 2013 or Collier County.
The proposer should have local experience working with FDOT, utility design within Collier
County Water -Sewer District using the Collier County Utilities Standards Manual, and local
FDEP permitting procedures.
Detailed Scope of Work
TASK I — PROJECT MANAGEMENT
1.1 Attend an initial kick -off meeting with the County staff to review project objectives and
standards for completing the work. The Consultant shall prepare a written meeting
memorandum summarizing the discussion and project action plan.
1.2 Prepare and submit bi- weekly updates on project progress to Department staff.
1.3 Attend up to six team meetings during preparation of construction plans.
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7/24/2012 Item 16.0.10.
1.4 Coordinate and /or attend meetings w/ FDOT concerning proposed relocations of utilities
1.5 Attend meetings with County staff to present and review 60 %, 90% and final construction
plans. Participate with County staff to generate suggestions and comments to incorporate
into the design.
TASK II — DESIGN
2.1 Review record drawings to indentify existing utilities along construction corridor. It is
understood that FDOT will provide digital file of soft dig work to locate existing utilities.
2.2 Review FDOT construction plans for US 41 Road Improvements Phase II submittal and
prepare detailed Utility Work Schedule for submittal to FDOT.
2.3 Using the Phase II base map provided by FDOT consultant, prepare drawings per the
general requirements of the Utility Work by Highway Contractor Agreement (UWHCA). The
plans shall depict proposed conflict resolutions of water and wastewater infrastructure using
the Collier County Utilities Standards Manual. Prepare an Engineer's Opinion of Probable
Construction Cost. Transmit copies of the plans to FDOT for review and comment as
required.
2.4 Using the Phase III base map provided by FDOT consultant, prepare 90% level completion
drawings per the general requirements of the UWHCA. The Consultant will prepare 90%
Plans, including; Key Sheet, Plan Sheets, and Water & Wastewater Details. The Consultant
shall submit to the County scalable PDF files of 11" x 17" prints for review purposes.
2.5 Prepare final plans. The Consultant shall submit to the County scalable PDF files of 11" x
17" prints for review purposes. Plans will incorporate permit conditions as appropriate from
FDOT.
2.6 Assist County with preparation of Technical Specifications pursuant to FDOT requirements
and a Bid Item Summary pursuant to the general requirements of the UWHCA. The
Consultant shall review the documents prepared by the County and provide assistance with
Supplemental Conditions, if appropriate.
2.7 The Consultant will prepare a Construction Cost Opinion pursuant to the general
requirements of the UWHCA based upon the Final Construction Plans.
TASK III — FDEP PERMITTING
3.1 Assist COUNTY with the preparation and submittal of the following Florida Department of
Environmental Protection (FDEP) permit applications:
a) FDEP Public Water System Application
b) FDEP Domestic Wastewater Collection/Transmission System Application
c) Any additional as required
Task IV — ENVIRONMENTAL/WILDLIFE RESOURCE PERMITTING
4.1 Consultant will map the habitat types within the project corridor.
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7/24/2012 Item 16.C.10.
4.2 Consultant will conduct a review of the proposed alignment for threatened and endangered
species involvement, and coordinate with Florida Fish and Wildlife Service (FWS) staff as
necessary during environmental permitting.
4.3 Consultant will prepare and submit the Environmental Resource Permit (ERP) to the FDEP
and Section 404 Dredge and Fill Permit to the U.S. Army Corps of Engineers (ACOE).
Task V — CONSTRUCTION CONTRACT ADMINISTRATION
5.1 Respond to inquiries by the contractor or FDOT related to the design of the improvements.
5.2 Modify construction plans as needed to accommodate field changes.
5.3 Witness pressure testing of water and force mains.
5.4 Prepare Record /As -Built Drawings based on information provided by contractor.
5.5 Consultant shall attend progress meetings to observe the various aspects of Contractor's
work in order to certify project completion to the various permitting agencies and submit
request to place into service to the FDEP.
Term of Contract
The contract term, if an award(s) is /are made is intended to be thirty (30) days after the final
completion of the construction project close out.
Consultant's rates and material prices shall remain firm for the initial term of this contract.
Requests for consideration of a price adjustment must be made on the contract anniversary
date, in writing, to the Purchasing Director. Price adjustments are dependent upon 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
6/15/2012
Last Date for Receipt of Written Questions
6/29/2012, Noon,
Naples Local Time
Addendum Issued Resulting from Written Questions
7/2/2012
Solicitation Deadline Date and Time
7/6/2012, 3PM,
Naples Local Time
Anticipated Evaluation of Submittals
7/9 — 7/17/2012
Anticipated Completion of Contract Negotiations
Jul - August
Anticipated Board of County Commissioner's Contract
9/11/2012
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7/24/2012 Item 16.0.10.
A proval Date
Response Format
The Vendor 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 Vendor
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 Vendor'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 shall be submitted with each proposal and should be submitted in the
order shown. Each section should be clearly labeled, with pages numbered and separated
by tabs. Failure by a Vendor to include all listed items may result in the rejection of its
proposal.
1. Tab I, Cover Letter / Management Summary
Provide a cover letter, signed by an authorized officer of the firm, indicating the
underlying philosophy of the firm in providing the services stated herein. Include the
name(s), telephone number(s) and email(s) of the authorized contact person(s)
concerning proposal. Submission of a signed Proposal is Vendor's certification that the
Vendor will accept any awards as a result of this RFP.
2. Tab II, Business Plan (30) —Page limit of 10 pages
In this tab, include:
Description of the proposed contract team and the role to be played by each member of
the proposed team.
• Detailed plan of approach (including major tasks and sub - tasks).
• Detailed time line for completion of the project.
3. Tab III, Experience and Capacity of Firm (35) — Page limit 10 pages
Provide information that documents your firm's and subcontractors' qualifications to
produce the required deliverables, including abilities, capacity, skill, and financial
strength, and number of years of experience in providing the required services. Also
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7/24/2012 Item 16.0.10
describe the various team members' successful experience in working with one another
on previous projects.
List Current Projects in the Format Identified Below
Project Original Final Project Number of
Start Date End Date Change
Description Budget Cost Orders
4. Tab IV, Specialized Expertise of Team Members (15) Page limit of 10 pages
Attach resumes of all proposed project team members who shall be intimately involved
in the management of the total package of services, as well as the delivery of specific
services. The same should be done for any sub - consultants. If sub - consultants are
being utilized, letters of intent from stated sub - consultants must be included with
proposal submission.
5. Tab V, References — 5 Completed and Returned (20)
In order for the vendor to be awarded any points for this tab, the County requests that
the vendor submits five (5) completed reference forms from clients whose projects are
of a similar nature to this solicitation as a part of their proposal. The County will only use
the methodology calculations for the first five (5) references (only) submitted by the
vendor in their proposal.
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each vendor's information provided in this area:
• The County shall total each of the vendor's five reference 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)). Vendors
who do not turn in reference forms will be counted as zero (0).
• The greatest number of points allowed in this criterion will be awarded to the vendor
who has the highest score.
• The next highest vendor's number of points will be divided by the highest vendor's
points which will then be multiplied by criteria points to determine the vendor's points
awarded. Each subsequent vendor's point score will be calculated in the same
manner.
• Points awarded will be extended to the 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.
Vendor Name
Vendor Total Reference
Score
Points Awarded
Vendor ABC
445
20
Vendor DEF
435
19.6
Vendor GHI
425
19.1
Vendor JKL
385
17.3
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7/24/2012 Item 16.0.10,
Vendor MNO
385
17.3
Vendor PQR
250
11.2
Note: Sample chart reflects a 20 point reference criterion.
The points awarded by vendor will be distributed to the Selection Committee prior to
their evaluation of the proposals. The Selection Committee will review the vendor's
proposal to ensure consistency and completion of all tasks in the RFP, and review the
Points Awarded per vendor. 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 (0)
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 Vendor 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)
• Attachment 2: Vendor Checklist
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Vendor Declaration Form'
• Attachment 5: Immigration Affidavit and company's E- Verify profile page and
memorandum of understanding
• Attachment 6: Vendor Substitute 9
• Attachment 7: Insurance Requirements
• Attachment 8: Reference Questionnaire
• Other: Signed addendum, license and any other informational materials
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Exhibit II: General RFP Instructions
1. Questions
7/24/2012 Item 1 C.C.1 C.
Direct questions related to this RFP to the Collier County Purchasing Department E-
Procurement website: www.colliergov.net/bid.
Vendors must clearly understand that the only official answer or position of the County will
be the one stated on the Collier County Purchasing Department E- Procurement 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 Vendors 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 Vendors 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 Vendors 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 Vendor if the Vendor 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 Vendor 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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7/24/2012 Item 16.C.10,
All proposals are to be delivered before 3:OOPM, Naples local time, on or before 7/6/2012
to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Scott D. Johnson, Procurement Strategist
The County shall 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
Vendor's personnel or by the Vendor's outside carrier. However, the Purchasing /General
Services Director, or designee, shall reserve 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
shall 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.
Vendors must submit one (1) paper copy clearly labeled "Master," and five (5) 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 Vendor 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 Vendors
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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7/24/2012 Item 16.C.10.
The County's procedure for selecting is as follows.
1. The County Manager 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 and Project
Manager shall review the proposals received and verify whether each proposal
appears to be minimally responsive to the requirements of the published RFP.
4. Meetings shall be open to the public and the Procurement Strategist shall publicly
post prior notice of such meeting in the lobby of the Purchasing Building at least one
(1) day in advance of all such meetings.
5. The committee members shall 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 shall be posted in the lobby of the Purchasing Building not less than
three (3) working days prior to the meeting. The Procurement Strategist shall also
post prior notice of all subsequent committee meetings and shall 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, will review, evaluate
and rank all responsive proposals received from Proposers responding to this RFP.
The committee members shall 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. 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.
9. Negotiations shall begin with the top - ranked firm(s) in accordance with Florida
Statute 287.055.
10. 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 Vendor nor obligates the County in any manner.
Acceptance of the proposal does not guarantee issuance of any other governmental
approvals. Proposals which include provisions requiring the granting of zoning variances
shall not be considered.
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7/24/2012 Item 16.0.10.
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 shall appoint a Selection Committee to review all proposals submitted.
The factors to be considered in the evaluation of proposal responses are listed below.
Business Plan 30 pts
Experience and Capacity of the Firm 35 pts
Specialized Expertise of Team Members 15 pts
Customer and Reference Listing 20 pts
TOTAL 100 pts
Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm
with the lowest paid dollars by Collier County to the vendor (as obtained from the County's
financial system) within the last five (5) years will receive the higher individual ranking. This
information will be based on information provided by the Vendor, 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 the County of Collier.
Any proposal which is incomplete, conditional, obscure or which contains irregularities of
any kind, may be cause for rejection. In the event of default of the successful Vendor, or
their refusal to enter into the Collier County contract, the County reserves the right to accept
the proposal of any other Vendor or to re- advertise using the same or revised
documentation, at its sole discretion.
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7/24/2012 Item 16.0.10.
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. Stats., 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
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.
Changes
The COUNTY may at any time and by
written notice make changes to drawings
and specifications, shipping instructions,
quantities and delivery schedules within the
general scope of this Purchase Order.
Should any such change increase or
decrease the cost of, or the time required for
performance of the Purchase Order, an
equitable adjustment in the price and /or
delivery schedule will be negotiated by the
COUNTY and VENDOR. Notwithstanding
the foregoing, VENDOR has an affirmative
obligation to give notice if the changes will
decrease costs. Any claims for adjustment
by VENDOR must be made within thirty (30)
days from the date the change is ordered or
within such additional period of time as may
be agreed upon by the parties.
7. Warranties
VENDOR expressly warrants that the goods
and /or services covered by this Purchase
Order will conform to the specifications,
drawings, samples or other descriptions
furnished or specified by the COUNTY, and
will be of satisfactory material and quality
production, free from defects and sufficient
for the purpose intended. Goods shall be
delivered free from any security interest or
other lien, encumbrance or claim of any third
party. These warranties shall survive
inspection, acceptance, passage of title and
payment by the COUNTY.
Statutory Conformity
7/24/2012 Item 16.C.10.
and transportation shall conform to all
applicable laws, including but not limited to
the Occupational Health and Safety Act, the
Federal Transportation Act and the Fair
Labor Standards Act, as well as any law or
regulation noted on the face of the Purchase
Order.
9. Advertising
No VENDOR providing goods and services
to the COUNTY shall advertise the fact that
it has contracted with the COUNTY for
goods and /or services, or appropriate or
make use of the COUNTY'S name or other
identifying marks or property without the
prior written consent of the COUNTY'S
Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless
the COUNTY from any and all claims,
including claims of negligence, costs and
expenses, including but not limited to
attorneys' fees, arising from, caused by or
related to the injury or death of any person
(including but not limited to employees and
agents of VENDOR in the performance of
their duties or otherwise), or damage to
property (including property of the COUNTY
or other persons), which arise out of or are
incident to the goods and /or services to be
provided hereunder.
11. Warranty of Non - Infringement
VENDOR represents and warrants that all
goods sold or services performed under this
Purchase Order are: a) in compliance with
applicable laws; b) do not infringe any
patent, trademark, copyright or trade secret;
and c) do not constitute unfair competition.
VENDOR shall indemnify and hold harmless
the COUNTY from and against any and all
claims, including claims of negligence, costs
and expense, including but not limited to
attorneys' fees, which arise from any claim,
suit or proceeding alleging that the
COUNTY'S use of the goods and /or
services provided under this Purchase Order
are inconsistent with VENDOR'S
representations and warranties in section 11
(a).
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
COUNTY'S option, procure for the COUNTY
the right to continue using the goods or
services, or replace or modify the goods or
services so that they become non - infringing,
(without any material degradation in
performance, quality, functionality or
additional cost to the COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall
provide commercial insurance of such type
and with such terms and limits as may be
reasonably associated with the Purchase
Order. Providing and maintaining adequate
insurance coverage is a material obligation
of the VENDOR. All insurance policies shall
be executed through insurers authorized or
eligible to write policies in the State of
Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all
federal, state, and local laws, rules, codes,
and ordinances that are applicable to the
conduct of its business. By way of non -
exhaustive example, this shall include the
American with Disabilities Act and all
prohibitions against discrimination on the
basis of race, religion, sex creed, national
origin, handicap, marital status, or veterans'
status. Further, VENDOR acknowledges
and without exception or stipulation shall be
fully responsible for complying with the
provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.S.C.
1324, et seq. and regulations relating
thereto, as either may be amended. Failure
by the awarded firm(s) to comply with the
laws referenced herein shall constitute a
breach of the award agreement and the
County shall have the discretion to
unilaterally terminate said agreement
immediately. Any breach of this provision
may be regarded by the COUNTY as a
material and substantial breach of the
contract arising from this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in
performance resulting from any cause
beyond their control, including, but without
limitation to war, strikes, civil disturbances
7/24/2012 Item 16.0.1 C
and acts of nature. When VENDOR has
knowledge of any actual or potential force
majeure or other conditions which will delay
or threatens to delay timely performance of
this Purchase Order, VENDOR shall
immediately give notice thereof, including all
relevant information with respects to what
steps VENDOR is taking to complete
delivery of the goods and /or services to the
COUNTY.
15. Assignment
VENDOR may not assign this Purchase
Order, nor any money due or to become due
without the prior written consent of the
COUNTY. Any assignment made without
such consent shall be deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida
sales and use tax on real property, transient
rental property rented, tangible personal
purchased or rented, or services purchased
(Florida Statutes, Chapter 212), and from
federal excise tax.
17. Annual Appropriations
The COUNTY'S performance and obligation
to pay under this Purchase Order shall be
contingent upon an annual appropriation of
funds.
18. Termination
This Purchase Order may be terminated at
any time by the COUNTY upon 30 days
prior written notice to the VENDOR. This
Purchase Order may be terminated
immediately by the COUNTY for breach by
VENDOR of the terms and conditions of this
Purchase Order, provided that COUNTY has
provided VENDOR with notice of such
breach and VENDOR has failed to cure
within 10 days of receipt of such notice.
19. General
a) This Purchase Order shall be governed
by the laws of the State of Florida. The
venue for any action brought to
specifically enforce any of the terms and
conditions of this Purchase Order shall
be the Twentieth Judicial Circuit in and
for Collier County, Florida
b) Failure of the COUNTY to act
immediately in response to a breach of
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this Purchase Order by VENDOR shall
not constitute a waiver of breach.
Waiver of the COUNTY by any default
by VENDOR hereunder shall not be
deemed a waiver of any subsequent
default by VENDOR.
c) All notices under this Purchase Order
shall be sent to the respective
addresses on the face page by certified
mail, return receipt requested, by
overnight courier service, or by personal
delivery and will be deemed effective
upon receipt. Postage, delivery and
other charges shall be paid by the
sender. A party may change its address
for notice by written notice complying
with the requirements of this section.
d) The Vendor agrees to reimbursement of
any travel expenses that may be
associated with this Purchase Order in
7/24/2012 Item 16.0.10.
accordance with Florida Statute Chapter
112.061, Per Diem and Travel
Expenses for Public Officers, employees
and authorized persons.
e) In the event of any conflict between or
among the terms of any Contract
Documents related to this Purchase
Order, the terms of the Contract
Documents shall take precedence over
the terms of the Purchase Order. To the
extent any terms and /or conditions of
this Purchase Order duplicate or overlap
the Terms and Conditions of the
Contract Documents, the provisions of
the Terms and /or Conditions that are
most favorable to the County and /or
provide the greatest protection to the
County shall govern.
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Exhibit R°: Additionai Terms and Conditions for R', 7/24/2012 Item 16.C.10.
1. Insurance and Bonding Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in the Insurance and
Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon
the entire project, if required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors, Contractors,
Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered
by property insurance provided herein, except such rights as they may have to the proceeds of such
insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from
the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them
to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name
Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and
shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in
Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of
the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the
nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of
financial responsibility for such obligations. All self- insured retentions or deductibles will be Vendor's
sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work until
the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Vendor and /or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also
notify the County, in a like 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 Vendor from its
insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the
event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such
policy.
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7/24/2012 Item 16.0.10.
Should at any time the Vendor not maintain the insurance coverage(s) requi _ _ _
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and
charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such
costs within thirty (30) days after demand, the County has the right to offset these costs from any amount
due Vendor under this Agreement or any other agreement between the County and Vendor. The County
shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s)°
purchased or the insurance company or companies used. The decision of the County to purchase such
insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract
Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance
not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to
provide the County with such renewal certificate(s) shall be considered justification for the County to
terminate any and all contracts.
2. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of the
successful vendor.
3. Additional Items and /or Services
Additional items and / or services may be added to the resultant contract, or purchase order, in
compliance with the Purchasing Policy.
4. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly responsible
for 50% 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 Vendor's facilities /project site
during and after each work assignment the Vendor 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 Vendor shall be required to sign a standard Collier County contract
within twenty one (21) days of Notice of Selection for Award.
The County reserves the right to include in any contract document such terms and conditions, as it
deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract
is available upon request. The County will not be obligated to sign any contracts, maintenance and /or
service agreements or other documents provided by the Vendor.
7. Work Orders Subject to Best Value Offer on Fixed Term Contracts
The County reserves the right to order such services from selected firms as may be required during said
period, but does not guarantee any minimum or maximum services to be ordered during the period
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specified from any given firm. Work Order service assignments shall oe at tr,
7/24/2012 Item 16.0.10.
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 shall
be active and extended as necessary until completion of such project.
8. 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 shall visit the site(s) with the County
project manager 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 with sign -off
by the County project manager; this documentation shall be submitted with the proposal. The
proposal 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 result 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.
9. Payment Method
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccar)clerk(o-)colliercierk.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.
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7/24/2012 Item 16.0.10.
• Standard —payment by purchasing card. Collier County's Purchasing CL. _ .. I—— — -
standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for
VISA Merchants and MasterCard Merchant Rules.
Collier County cautions vendors to consider both methods of payment when determining pricing as no
additional surcharges or fees will be considered (per Rules for VISA Merchants and MasterCard,
Merchant Rules). 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 shall be
submitted to the Project Manager on a monthly basis by the Vendor 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 must be submitted within the fiscal year
the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after
the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized
by the Project Manager.
Payments will be made for articles and /or services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or other
fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts,
the County reserves the right to off -set the amount owed to the County by applying the amount owed to
the vendor or contractor for services performed of for materials delivered in association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance
with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
Collier County reserves the right to withhold and /or reduce an appropriate amount of any payment for
work not performed or for unsatisfactory performance of Contractual requirements.
10. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply with all
Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational
Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be
responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or
damage to any persons or property within and around the work site. All firewall penetrations must be
protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County facility,
property and /or right -of -way for the purpose of inspection of any Vendor's work operations. This
provision is non - negotiable by any department and /or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination
and Arc Flash Studies where relevant as determined by the engineer.
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All electrical installations shall be iabeied with appropriate NFPA 70E arch fi: 7/24/2012 Item 1 .C.1 C .
Protective labels.
11. Licenses
The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other
authorizations necessary to carry out and perform the work required by the project pursuant to all
applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind.
Additionally, copies of the required licenses must be submitted with the proposal response
indicating that the entity proposing, as well as the team assigned to the County account, is
properly licensed to perform the activities or work included in the contract documents. Failure on
the part of any Vendor to submit the required documentation may be grounds to deem Vendor
non - responsive. A Vendor, with an office within Collier County is also required to have an occupational
license.
All State Certified contractors who may need to pull Collier County permits or call in inspections must
complete a Collier County Contractor License registration form and submit the required fee. After
registering the license /registration will need to be renewed thereafter to remain "active" in Collier County
If you have questions regarding professional licenses contact the Contractor Licensing, Community
Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions
regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252 -2477.
12. Survivability
Bids (ITBs /RFPs): The Consultant/Contractor/Vendor agrees that any Work Order /Purchase Order that
extends beyond the expiration date of Solicitation 12 -5919 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.
13. Principals /Collusion
By submission of this Proposal the undersigned, as Vendor, does declare that the only person or
persons interested in this Proposal as principal or principals is /are named therein and that no person
other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that
this Proposal is made without connection with any person, company or parties making a Proposal, and
that it is in all respects fair and in good faith without collusion or fraud.
14. Relation of County
It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor,
and that neither the Vendor nor their employees shall, under any circumstances, be considered
employees or agents of the County, and that the County shall be at no time legally responsible for any
negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal
injury or property damage to any individual, firm, or corporation.
15. Termination
Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County,
the County may terminate this Agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of
non - performance.
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16. Lobbying
7/24/2012 Item 16.0.10.
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.
17. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)
In order to be considered for award, firms submitting a response to this solicitation shall be required to
provide a certificate of authority from the Florida Department of State Divisions of Corporations in
accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.org /search.html). A copy of
the document shall 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.
18. Single Proposal
Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one
proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a
primary or as part of a partnership or joint venture submitting as primary may not then act as a sub -
consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a
primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-
consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this
requirement will be deemed non - responsive and rejected from further consideration.
Does this section apply? 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.
19. Protest Procedures
Any actual or prospective Vendor 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.
20. Public Entity. Crime
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A person of affiliate who has been placed on the convicted vendor list foliowi 7124/2012 Item 16.0.1 C.
entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies on
leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact business with
any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted vendor list.
21. Security and Background Checks
If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department, and drug testing for all employees that
shall provide services to the County under this Agreement. This may include, but not be limited to,
checking federal, state and local law enforcement records, including a state and FBI fingerprint check,
credit reports, education, residence and employment verifications and other related records. Contractor
shall be required to maintain records on each employee and make them available to the County for at
least four (4) years.
22. Conflict of Interest
Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document.
Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in
and of itself disqualify a firm from consideration. These disclosures are intended to identify and or
preclude conflict of interest situations during contract selection and execution.
23. 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.
24. 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
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Vendors / Bidders are required to enroll in the E- Verify program, and provide 7/24/2012 Item 16.C.10.
their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence
consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully
executed E- Verify Memorandum of Understanding for the company. Vendors are also required to
provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with
the E- Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor
does not comply with providing the acceptable E- Verify evidence and the executed affidavit the
bidder's / vendor's proposal may be deemed non - responsive.
Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all purchases
not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E- Verify) program
visit the following website: http: / /www.dhs.gov /E- Verify. It shall be the vendor's responsibility to
familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully
responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seg. 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.
Packet Page -2350-
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7/24/2012 Item 16.C.10.
ruim:nistrative Services C rvision
- "1lrcha`snc
Attachment 1: Vendor's Non - Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise
and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not
wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the
reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page,
or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.
We are not responding to CCNA Solicitation 12 -5919 Utility Design Engineering Services - US41 from
CR951 to Greenway Road 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:
Packet Page -2351-
Date
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7/24/2012 Item 16.0.10.
Adnni istrat?Ue Services Diviscr,
?- 'ur_hasing
Attachment 2: Vendor Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and
return with your Proposal.
Vendor should check off each of the following items as the necessary action is completed:
❑ The Proposal has been signed.
❑ All applicable forms 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
CCNA Solicitation: 12 -5919 Utility Design Engineering Services - US41 from CR951
to Greenway Road
❑ 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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Packet Page -2352-
7/24/2012 Item 16.0.10.
zr
Ad- nnsrrative Services Down
>ur ha ;ire,
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
20 ,
by
Notary Public
day of ,
, who is personally known to me to be the
for the Firm, OR who produced the following identification
My Commission Expires
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7/24/2012 Item 16.0.10.
alf-
>ur: ha�inr�
Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: CCNA Solicitation: 12 -5919 Utility Design Engineering Services - US41 from CR951 to Greeway Road
Dear Commissioners:
The undersigned, as Vendor 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 Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of
establishing a formal contractual relationship between the firm and Collier County, for the performance of all
requirements to which the proposal pertains. The Vendor states that the proposal is based upon the
proposal documents listed by CCNA Solicitation: 12 -5919 Utility Design Engineering Services - US41 from
CR951 to Greeway Road.
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
Telephone:
FAX:
Signature by:
(Typed and written)
Title:
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Additional Contact Information 7/24/2012 Item 16.0.1C.
Send payments to:
(required if different from above: Company name used as payee
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
FAX:
Email:
Office servicing Collier
County to place orders
(required if different from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
Email:
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Packet Page -2355-
7/24/2012 Item 16.C.10
kdrn nisuative Services Dvision
=::rehasrn
Attachment 5: Immigration Affidavit Certification
CCNA Solicitation: 12 -5919 Utility Design Engineering Services - US41 from CR951 to Greeway Road
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are
required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of
the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly
completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of
Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the
E- Verify program may deem the Vendor / Bidder's proposal as non - responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)
of the Immigration and Nationality Act ( "INA ").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of
the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall
be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act
and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of 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
Vendor's / Bidder's proposal.
Company Name
Print Name Title
Signature
State of
County of
Date
The foregoing instrument was signed and acknowledged before me this day of
20_, by
(Print or Type Name)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number /Expiration
who has produced as identification.
(Type of Identification and Number)
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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7/24/2012 Item. 16.C.10,
,itl'nrilit'a v > i'X;!:, xJl"WCI'
Attachment 6: Vendor Substitute Wr - 5
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
State
Telephone
Order Information
Address
City State
FAX
Email
FAX
Zip
2. Company Status (check only one)
City
Zip
Email
Remit / Payment Information
Address
City State
FAX
Email
ME
_Individual / Sole Proprieto7-F
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)
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification: Under penalties of perjury, 1 certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
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Packet Page -2357-
7/24/2012 Item 16.0.10.
�a aer C-c�ur;rt~�'
A,dmnlst;,Ve Serv10-QS Drrislon
cur„ hasing
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
Contractor/Vendor /Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor/Vendor /Consultant or anyone
employed or utilized by the Contractor /Vendor /Consultant in the performance
of this Agreement. 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 $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned /Non- owned /Hired; Automobile Included
5. ® Other insurance as ❑ Watercraft
noted:
Per Occurrence
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
❑ Pollution
® Professional Liability
Packet Page -2358-
$ Per Occurrence
Per Occurrence
$1,000,000 per claim and in
the aggregate
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7/24/2012 Item 10.0.10.
• $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. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Vendor shall provide County with 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.
11. ® Thirty (30) Days Cancellation Notice required.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be
required within five (5) days of the award of this solicitation.
Name of Firm
Vendor Signature
Print Name
Insurance Agency
Agent Name
Packet Page -2359-
Date
Telephone Number
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7/24/2012 Item 16.C.10.
Co %I.aer �oxrxr.�•
f t IS.'1:V: V S. YVISAJI.
Attachment 8: Reference Questionnaire
Solicitation: 12 -5919 Utility Design Engineering Services - US41 from CR951 to Greeway Road
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:
Change Orders - Dollars Added :
Change Orders - Days Added:
Item
Citeria
Score
1
Ability to manage the project costs (minimize change orders to scope).
2
Ability to maintain project schedule (complete on -time or early).
3
Quality of work.
4
Quality of consultative advice provided on the project.
5
Professionalism and ability to manage personnel.
6
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:
Packet Page -2360-
By
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