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Agenda 09/29/2009 Item #16B 8 Agenda Item No. 1688 I September 29, 2009 Page 1 of 70 EXECUTIVE SUMMARY Recommendation to award Bid #09-5207 "Consulting Services for the Collier Area Transit (CAT) Program" to CH2MHILL, PB Americas Inc., Renaissance Planning Group, Tindale- Oliver & Associates, Inc., and Wilbur Smith Associates to provide a variety of professional consulting services for Collier Area Transit. OBJECTIVE: Award Bid #09-5207 "Consulting Services for the Collier Area Transit (CAT) Program" to CH2MHILL, PB Americas Inc., Renaissance Planning Group, Tindale-Oliver & Associates, Inc. and Wilbur Smith Associates to provide a variety of professional consulting services for Collier Area Transit. CONSIDERATIONS: The Collier Area Transit (CAT) issued a Request for Proposal for "General Consulting Services for Urban Design, Site Development PI311r-.Environmental Studies/Assessment, Transit/Transportation Planning, Green Initiatives, Project Management, Technical Studies and Data Collection for the development of an Intelligent Transportation System (ITS) and Geographic Information Systems (GIS)" on an as needed basis. In general, this effort will involve expertise and technical skills in developing, designing, engineering and implementing facilities and related services, Intelligent Transportation Systems (ITS), Transit Operations Analysis, Environmental Studies/Assessments, TransitlTransportation Planning, Green Initiatives, and Project Management. More specifically, the scope of services has been divided into four (4) areas of expertise including but not limited to: A. Category One - TransitITransportation Operations and Financial Planning B. Category Two - Technical Studies C. Category Three - Urban Design and Environmental Services D. Category Four - Mobility Management, Intelligent Transportation Systems (ITS) and Geographic Infonnation System (GIS) On May 15, 2009 the Purchasing Department sent out over five hundred notices for the "Consulting Services for the Collier Area Transit (CAT) Program" and sixty eight (68) downloaded the documents. On June 23, 2009, a mandatory pre-proposal meeting was held and on July 13, 2009 five (5) proposals were opened. The selection committee ranked the qualified fmns per category, and is recommending to the Board of County Commissioners award contracts to the followingfimls: CH2M HILL, PB Americas Inc., Renaissance Planning Group, Tindale- Oliver & Associates, Inc., and Wilbur Smith Associates. FISCAL IMP ACT: The funds that will be utilized for these proposals are primarily Federal funds that have previously been approved by the BCC for updating the transit system. LEGAL CONSIDERATIONS: TIllS item has been reviewed and approved by the County Attorney's Office and is legally sufficient-SRT. GRO\VTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. Agenda Item No. 1688 September 29, 2009 Page 2 of 70 RECOMMENDATION: That the Board of County Commissioners award Bid #09-5207 "Consulting Services for the Collier Area Transit (CAT) Program" to CH2MHILL, PB Americas Inc., Renaissance Planning Group, Tindale-Oliver & Associates, Inc., and Wilbur Smith Associates to provide a variety of services for Collier Area Transit. Prepared By: Glamil Carter, CAT-Principal Planner, Department of Alternative Transportation Modes Attachment: (1) Scope of work - Schedule A; (2) Schedule of fees -. Page 1 ot 1- Agenda Item No. 1688 September 29,2009 Page 3 of 70 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16B8 Item Summary: Recommendation to award Bid #09-5207 Consulting Services for the Collier Area Transit (CAT) Program to CH2MHILL, PB Americas Inc., Renaissance Planning Group, Tindale- Oliver & Associates, Inc., and Wilbur Smith Associates to provide a variety of professional consulting services for Collier Area Transit. Meeting Date: 9/29/2009 9:00:00 AM Prepared By Glama Carter Operations Analyst Date Transportation Services Transportation Administration 9/17/20093:39:51 PM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & 9/17120093:46 PM Construction Management Approved By Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 9118/20099:05 AM Approved By Barbara LaPierre Management/Budget Analyst Date Transportation Services Traffic Operations 9/18120099:37 AM Approved By Steve Carnell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 9/181200911:12 AM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 9118/200912:54 PM Approved By Michelle Edwards Arnold Alternative Transportation Modes Date Director Transportation Services Alternative Transportation Modes 9/1812009 1 :43 PM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 9/21/20094:20 PM Approved By Pat Lehnhard Executive Secretary Date I file://C:\Agendatest\export\I 35-September 29,2009\16. CONSENT AGENDA\16B. TRAN... 9/23/2009 Page 20f2 Agenda Item No. 1688 September 29, 2009 Page 4 of 70 Transportation Services Transportation Services Admin 9/21/20094:22 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 9/22/200910:38 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/22/200910:50 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 9/22/20091:59 PM I _..~- file://C:\Agendatest\export\ 1 35-September 29, 2009\ 16. CONSENT AGENDA \ 16B. TRAN... 9/23/2009 ,";"^'4~","'M'.';_'~ --. Agenda Item No. 1688 September 29,2009 Page 5 of 70 REQUEST FOR PROPOSAL FTA Grant Funded Project Co1N:r County -- --. - ~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Alternative Transportation Modes Brenda Bri/hart, Purchasing Agent I his proposal solicitation document is prepared in a Microsoft Word 2003 format. Any alterations to this ocument made by the proposer may be grounds for rejection of proposal, cancellation of any ubsequent award, or any other legal remedies available to the Collier County Government. GGNA (Revision 7f2008) RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 6 of 70 LEGAL NOTICE Pursuant to approval by the County Manager, Sealed Proposals to provide consulting services for the Collier Area Transit (CAT) Program will be received until 3:00 p.m., Naples local time, on July 13, 2009 at the Purchasing Department, Purchasing Building "G", Collier County Government Complex, 3301 Tamiami Trail East, Naples, Florida 34112. RFP 09-5207 "Consulting Services for the Collier Area Transit (CAT) Program" Services to be provided shall include, but not be limited to the following: --- The Board of County Commissioners of Collier County providing Transit services to the community as Collier Area Transit alkJal CAT requests written proposals from qualified vendors for General Consulting Services; Transportation and Financial' Planning, Technical Studies, and Urban Design. A non-mandatory pre-proposal conference will be held on June 23, 2009, commencing promptly at 9:00 a.m., and will be held in the Purchasing Department Conference Room, 3301 Tamiami Trail East, Building "G", Naples, Florida 34112. If this pre-proposal conference is denoted at "mandatory", prospective proposers must be present in order to submit a proposal response. 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.collierqov.netlbid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. I BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: ISI Stephen Y. Carnell. CP.M. Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.collierqov.netlpurchasinq and in the Lobby of Purchasing Building "G", Collier County Government Center on May 15, 2009. CCNA (Revision 7/2008) 2 ~"-'-~---' "'~ RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29,2009 Page 7 of 70 PROPOSER'S NON-RESPONSE STATEMENT RFP# 09-5207 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 Proposers not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email, fax (239) 252-6697 or mail to Collier County Purchasing Department, 3301 Tamiami Trail East, Naples, Florida 34112. We are not responding to this RFP 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): I Name of Firm: Mailing Address: City, State, Zip: Telephone No: Email: By: Signature of Representative GGNA (Revision 7/2008) 3 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 8 of 70 TABLE OF CONTENTS 1) Introduction/Overview 6 A) Purpose/Obiective 6 B) Backoround 6 C) Questions 7 D) Method of Source Selection 7 E) Pre-Proposal Conference 7 F) Proiected Timetable 7 2) General Description of Specifications or Scope of Work 8 3) Constraints on the Consultant 8 4) Consultant's Personnel Requirements 8 5) Consultant's Responsibilities 8 6) County's Responsibilities -. 9 7) Reportino Requirements 9 8) County's Rioht to Inspect 9 9) Terms and Conditions of Contract 10 10) General Terms and Conditions 10 A. Licenses 10 B. Principals/Collusion 11 C. Taxes 11 D. Relation of County 11 E. Term Contracts 11 F. Termination 11 G. Liability 11 H. Assiqnment 12 I. Lobbyino 12 J. Sinqle Proposal 12 K. Protest Procedures 12 L. Public Entity Crime 13 M. Conflict of Interest 13 N. Prohibition of Gifts to County Employees 13 O. Immioration Reform and Control Act 13 11) I nstructions for Proposal 14 A) Compliance with the RFP 14 B) Acknowledoment of Insurance Requirements 14 C) Delivery of Proposals 14 E) Evaluation of Proposals (Procedure) 15 F) Ambiouity. Conflict. or Other Errors in the RFP 16 G) Proposal, Presehtation, and Protest Costs 16 H) Acceptance or Reiection of Proposals 16 I) Requests for Clarification of Proposals 16 J) Validity of Proposals 17 K) Response Format 17 .~.. eeNA (Revision 7/2008) 4 ._-"....~......_- RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 9 of 70 I PROPOSER CHECK LIST 21 CONFLICT OF INTEREST AFFIDAVIT 22 PROPOSERS QUALIFICATION FORM 23 DECLARATION STATEMENT 25 INSURANCE REQUIREMENTS 27 EXHIBIT A - SCOPE OF SERVICES EXHIBIT B - FT A GRANTING GUIDELINES (Including ARRA) - EXHIBIT C - FTA FORMS eeNA (Revision 7/2008) 5 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 10 of 70 Request for Proposals RFP 09-5207 Consulting Services for the Collier Area Transit (CAT) Program 1) Introduction/Overview A) Purpose/Objective As requested by the Alternative Transportation Modes 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 sole purpose and intent of obtaining proposals from interested and qualified firms offering to consulting services for the Collier Area Transit (CAT) Program in accordance with the specifications stated and/or attached herein/hereto. The successful proposer will hereinafter be referred to as the "Consultant" . If awarded, a contract to provide these services will be effective on the date contract is approved by the Board of County Commissioners (herein after, the BCC), signed by all required parties and filed in the Office of Records and Minutes. The anticipated contract term will be for the period of one year. Additionally, by mutual agreement and funding availability, the contract may be renewed for three (3) terms of one (1) year each. In no event, including renewal options, shall the contract exceed four (4) years. As is more detailed in this RFP, an award, if made, will be made to the best overall proposer(s) whose proposal is most advantageous to the County, taking into consideration the evaluation factors set forth in this RFP. The County will not use any other factors or criteria in the evaluation of the proposals received. B) Background Collier Area Transit (CAT) is operated by a Department of the Board of County Commissioner through the County Manager's Agency and has been charged with the responsibility to operate, maintain, and manage a public transportation system in the Collier County area. With the establishment of CAT it is the County's intention "that CAT be authorized to plan, develop, own, purchase, lease, or otherwise acquire, demolish, relocate, equip, repair, maintain, operate, and manage a countywide public transportation system and public transportation facilities; to establish and determine such policies as may be necessary for the best interest of the operation and promotion of a public transportation system; and to adopt such rules as may be necessary to govern the operation of a public transportation system and public transportation facilities." CAT is also responsible for recommending rate modifications and to collect rates and fees relating to the operations of the public transportation system. Collier County is located on Florida's southwest coast and occupies 2,025 square miles GGNA (Revision 7/2008) 6 -"".,..- .~,~ RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29,2009 Page 11 of 70 of land area. The population in Collier County is concentrated in the Naples area in the northwest section of the county, with smaller population concentrations in Marco Island in the southwest section of the county, and Immokalee in the north central area of the county. Fixed route bus service hours range from 4:30 a.m. to 8:00 p.m. every day and provides more than 1.2 million unlinked passenger trips each year. CAT also provides door-to-door Paratransit services providing over 100,000 passenger trips per year. C) Questions Direct questions related to this RFP to the Collier County Purchasing Department E- Procurement website: www.collier.qov.netlbid. Proposers 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 Purchasing Agent at (239) 252-8446. -. D) 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. The County may, as it deems necessary, conduct discussions with qualified proposers 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. E) Pre-Proposal Conference A non-mandatory pre-proposal conference will be held on June 23, 2009, commencing promptly at 9:00 a.m., and will be held in the Purchasing Department Conference Room "A", 3301 Tamiami Trail East, Building "G", Naples, Florida 34112. 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 proposers 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 proposers are strongly encouraged to attend, as, unless requested by the department, this will be the only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted at "mandatory", prospective proposers must be present in order to submit a proposal response. F) Projected 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 GGNA (Revision 7/2008) 7 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 12 of 70 the course of the RFP process. 5-15-09 6-23-09 7 -3-09 7 -7 -09 7-13-09 7 -24-09 8-7 -09 roval Date 9-15-09 2) General Description of Specifications or Scope of Work The Consultant, at f3 minimum, must achieve the requirements of the Specifications or Scope of Work stated herein. Additionally, Proposers may also propose alternate solutions to achieve the requirements of the Scope of Work. 3) Constraints on the Consultant See EXHIBIT A 4) Consultant's Personnel Requirements Consultant's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel unless the following conditions are met: (1.) Proposed replacements have substantially the same or better qualifications and/or experience. (2.) That the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. The consultant's work shall be performed and directed by the key personnel identified by the consultant during the proposal stage of this project. Deviations, if any, shall be subject to written approval by the County. The County will designate a Project Manager who shall be the representative of the county for the Project. While it is expected the consultant shall seek and receive advice from various state, regional, and local agencies, the final direction on all matters remains with the Project Manager, or their eeNA (Revision 7/2008) 8 .. RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 13 of 70 designee. 5) Consultant's Responsibilities It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. Consultant responsibilities include: (Also see EXHIBIT A) (a) That the proposer or its Subcontractors have the capability to assure performance of work within the time specified under this contract. (b) That the proposer has the capability of providing personnel to satisfy any technical or service problems that may arise during the term of the contract. (c) That the proposer has the necessary facilities and financial resources to complete the contract in a satisfactory manner and within the required time 6) County's Responsibilities It is the intent of the County to award to multiple vendors. The contract will be work order driven. The County responsibilities include: The procedure to be followed will be determined by the value of the project. The procedure for projects with a value of up to $200,000 or less is outlined below: Procedures for projects with a value up to $200,000 are as follows: 1. Written quotations shall be solicited from at least three (3) of the selected firms. These quotes may be obtained electronically via the On-line Bidding System. Completion time and the collection of liquidated damages may be specified in the Quotation. A Performance Bond may also be required. 2. Contractor shall respond with the information and/or proposal sought within seven (7) working days. 3. Owner may negotiate terms and conditions. 4. Issuance by Owner of a numbered Work Order. Procedures for projects with a value of $200,001 to $750,000 are as follows: 1. Written quotations shall be solicited from at least three (3) of the selected firms. These quotes may be obtained electronically via the On-line Bidding System. Completion time and the collection of liquidated damages may be specified in the Quotation. A Performance Bond may also be required. 2. Firms shall respond with the information and/or proposal sought within seven (7) working days. 3. Owner may negotiate terms and conditions. 4. Issuance by Owner of a numbered Work Order; County Attorney and Board of County Commissioners approval is required. 7) Reporting Requirements GGNA (Revision 7/2008) 9 I RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 14 of 70 See EXHIBIT A 8) 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. 9) 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. Collier County, at its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: 1. Traditional - payment by check, wire transfer or other cash equivalent. 2. Standard - payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (Le. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. I 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 proposals clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial proposal submittal if it is clearly marked as an "Additional Cash Discount." 10} General Terms and Conditions A. Licenses The Consultant is required to possess the correct occupational license, 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 proposer to submit the required documentation may be grounds to deem proposer non-responsive. A Consultant, with an office within Collier County is also required to CCNA (Revision 7/2008) 10 "".."'""'~'>-' RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 15 of 70 have an occupational license. If you have questions regarding professional licenses, please 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) 252-8477. B. Principals/Collusion By submission of this Proposal, the undersigned, as Proposer, 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 Proposql, and that it is in all respects fair and in good faith without collusion or fraud. C. Taxes Collier County is exempt from Federal Excise and State of Florida Sales Tax. Collier County Use Tax Certificate Number is 85-8012621830C-2. Consultant shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. D. 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. E. Term Contracts If funds are not appropriated for continuance of a term contract to completion, cancellation will be accepted by this Consultant on thirty (30) days prior written notice. F. 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 seven (7) day written notice. The County shall be sole judge of non-performance. eeNA (Revision 7/2008) 11 I RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29,2009 Page 16 of 70 G. Liability The Consultant will not be held responsible for failure to complete contract due to causes beyond its control, including, but not limited to, work stoppage, fires, civil disobedience, riots, rebellions, Acts of Nature and similar occurrences making performance impossible or illegal. H. Assignment The Consultant(s) shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of any or all of its rights, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of tnEr County. I. 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 closina 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. J. Single Proposal Each Proposer 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. K. Protest Procedures GGNA (Revision 7/2008) 12 "."..,,"~,,-,~.,,", RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29,2009 Page 17 of 70 Any actual or prospective Proposer 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 lof 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. L. Public Entity Crime A person or affiliate who has been placed on the convicted vendor 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 Consultant, supplier, subconsultant, 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. M. Conflict of Interest Proposer shall Gomplete 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. N. 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. eeNA (Revision 7/2008) 13 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 18 of 70 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. im~ediate termination of any contract held by the individual and/or firm for cause. O. Immigration Reform and Control Act Proposer 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. 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. 11) Instructions for-Proposal A) 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. B) Acknowledgment of Insurance Requirements _. By signing the Insurance Requirements included in this RFP, Proposer acknowledges these conditions include Insurance Requirements. It should be noted by the Proposer that, in order to meet the County's requirements, there may be additional insurance costs to the Proposer's firm. It is, therefore, imperative that the proposer discuss these requirements with the Proposer's insurance agent, as noted on the Insurance Check List, so that allowances for any additional costs can be made by the Proposer. The Proposer's obligation under this provision shall not be limited in any way by the agreed upon contract price, or the Proposer's limit of, or lack of, sufficient insurance protection. Proposer also understands that the evidence of required insurance may be required within five (5) business days following notification of its offer being accepted; otherwise, the County may rescind its acceptance of the Proposer's proposal. The specific insurance requirements for this solicitation are provided on paQe 26. C) Delivery of Proposals All proposals are to be delivered before 3:00 p.m., Naples local time, on or before July 13, 2009 to: CCNA (Revision 7/2008) 14 ----.--. '^^'".~.... RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 19 of 70 Collier County Board of County Commissioner~ Purchasing Department 3301 Tamiami Trail East, Bldg. "G" Naples, Florida 34112 Attn: Brenda Brilhart, Purchasing Agent 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 proposer's personnel or by the proposer'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, DHL or courier where delivery was scneduled before the deadline. . The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Proposers must submit eight (8) exact copies of the proposal submitted on CD-ROMs in Microsoft Word or PDF format. Please include one clearly labeled file for each category proposal. List the Proposal Number on the outside of the box or envelope and note "Request for Proposal enclosed." E) Evaluation of Proposals (Procedure) Collier County will evaluate and select Engineering Services in accordance with Florida Statute 287.055, Consultant Competitive Negotiation Act. 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 Purchasing Agent 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. All meetings shall be open to the public and the Purchasing Agent 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. 4. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 5. Prior to the first meeting of the selection committee, the Purchasing Agent will GGNA (Revision 7/2008) 15 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29,2009 Page 20 of 70 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 Purchasing Agent 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. 6. The committee will compile individual ran kings for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations from the top-ranked firm(s). The final recommendation will be decided based on review of scores and consensus of committee. I 7. Contracts shall be negotiated with one (1) or more of the top ranked firms in accordance with F .S. 287.055. 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, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Proposer 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. F) Ambiguity, Conflict, or Other Errors in the RFP If a Proposer discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, Proposer shall immediately notify the Purchasing Agent, noted herein, of such error in writing and request modification or clarification of the document. The Purchasing Agent 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. The Proposer is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the RFP prior to submitting the proposal or it shall be waived. G) Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any proposer 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. H) Acceptance or Rejection of Proposals ceNA (Revision 7/2008) 16 _~..m'___~~,_< ~,,,.'.,.. ~.-'~"'.',." RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 21 of 70 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 proposer, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other proposer or to re-advertise using the same or revised documentation, at its sole discretion. I) Requests for Clarification of Proposals Requests by thB Purchasing Agent to a proposer(s) for clarification of proposal(s) shall be in writing. Proposer's failure to respond to request for clarification may deem proposer to be non-responsive, and may be just cause to reject its proposal. J) Validity of Proposals No proposal can be withdrawn after it is filed unless the Proposer 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. K) Response Format The proposal shall be deemed an offer to provide services to Collier County. In submitting a proposal, the Proposer declares that he/she understands and agrees to abide by all specifications, provisions, terms and conditions I of same, and all ordinances and policies of Collier County. The Proposer agrees that if the contract is awarded to him/her, he/she will perform the work 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 witt1 these guidelines must be so noted and explained 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 Proposer's approach and ability to meet the County's needs, as stated in the RFP. All copies of the proposal should be bound and tabbed, preferably in a three (3) ring binder for uniformity and ease of handling. The utilization of recycled paper for proposal submission is strongly encouraged. GGNA (Revision 7/2008) 17 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29,2009 Page 22 of 70 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 proposer to include all listed items may result in the rejection of its proposal. 1) Tab I, 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 Proposer's certification that the Proposer will accept any awards made to him as a result of said submission of the terms contained therein. Check box below for which category(ies) you are submitting: · Category One - Transit/Transportation Operations and Financial Planning · Category Two - Technical Studies · Category Three - Urban Design and Environmental Services · Category Four - Mobility Management, Intelligent Transportation Systems (ITS) and Geographic Information System (GIS) If you are proposing to be considered for more than one category, be sure to clearly delineate your proposals accordingly. 2) Tab II, Corporate Experience and Capacity (Maximum 30 Points/15 Page Limitation) Provide information that documents your firm and subconsultants' qualifications to produce the required outcomes, including its ability, capacity, skill, and financial strength, and number of years of experience in providing the required services. Also describe the various team members' successful experience in working with one another on previous projects. a. The firm or team's history and experience relevant to Collier Area Transit (CAT) needs should be discussed, including a description of the firm's direct experience with similar types of projects and efforts. The response shall also discuss the qualifications of all other firms proposed to be utilized in the performance of the work and shall clearly differentiate which qualifications listed relate to which firm. b. The response to this section should identify similar projects undertaken by the firm or team within the last five years. The firm's or team members' actual role in those listed projects must be documented. The appropriate references, names and telephone numbers must be provided. 3) Tab III, Specialized Expertise of Team Members (Maxmium 25 Points/15 Page Limitation) Attach resumes of all managers, supervisors, and other contract team members who will be involved in the management of the total package of services, as well as the - delivery of specific ~ervices. The same should be done for any sub-consultants. If sub- CCNA (Revision 7/2008) 18 ..- ->."."-" ~". -~~.,..-.._~_.> RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 23 of 70 consultants are being utilized, letters of intent from stated sub-consultants must be included with proposal submission. All proposals must include the identification of all participating firms and their representative DBE participation found herein as Attachment C. 4) Tab IV, Customer Listing (Maximum 25 Points/5 Page Limitation) Provide a listing of all previous customers during the past three years for gll work of similar size and scope. The services provided to these clients should have characteristics as similar as possible to those requested in this RFP. Information provided for each client shall include the following: . Client name, address, E-MAIL ADDRESS and current telephone number . Description of services provided. . Time period of the project or contract. . Client's contact reference name, email and current telephone number. Failure to provide complete and accurate client information, as specified here, may result in the disqualification of your proposal. The County reserves the rights to contact any references to obtain ratings for the following performance indicators include, but not limited to: . On a scale of 1-10, with 1 being very dissatisfied and ten/exceeding your every expectation, how satisfied were you with the firm's 'performance? . What specifically did you like about their approach? . What do you believe were shortcomings or that they could have done better? . Did they meet your schedule requirements? . How were their communications? Were you always kept in the loop? . How responsive were they in addressing problems with the project? . How was the quality/experience/personality of their personnel? (Specifically the project manager?) . Would you use this firm again? A uniform sample of references will be checked for each Proposer. Proposers will be scored on a scale of 1 to 10, with 10 being the highest possible score. This score will also be used in determining the score to be given to the "past performance" evaluation factor for each proposal. 5) Tab V, Understanding of Requirements (Maximum 20 Points/5 Page Limitation) This section should describe the Proposer's understanding of the services and support required in this RFP. This is to include an overview of the management approach that will be used to undertake work and ensure steady and timely progress towards completion of assigned tasks. 6) Tab VI, Acceptance of Conditions eeNA (Revision 7/2008) 19 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 24 of 70 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 proposer may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exceptiones). Such determination shall be at the sole discretion of the County and Selection Committee. 7) Tab VII, Required Form Submittals . Attachment A - Proposer's Guarantees . Attachment B - Certification Regarding Debarment . Attachment C - Lobbying -- . Attachment D - Disadvantaged Business Enterprise Participation . Proposers Qualification Form . Insurance Requirements . Conflict of Interest . Proposers Checklist . Letters of Intent from Sub-Consultants L) Proposal Selection Committee and Evaluation Factors As previously stated, 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. While the County believes all these items to be of importance, they are ranked and points applied in descending order of importance. Descrotion Max Points Corporate Experience and Capacity 30 Specialized Expertise of Team Members 25 Customer Listing 25 Understanding of Requirements ..1Q.. Total 100 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest volume of work on Collier County projects within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the Proposer, 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. eeNA (Revision 7/2008) 20 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29,2009 Page 25 of 70 THIS SHEET MUST BE SIGNED BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department PROPOSER CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Proposal. Proposer should check off each of the following items as the necessary action is completed: . The Proposal has been signed. - . All information as requested in the Proposer's Qualification Form is included. I . All applicable forms have been signed and included (licenses, FTA Forms, etc.) . Acknowledge addenda by checking box. . The mailing envelope has been addressed to: Collier County Board of County Commissioners Purchasing Department, Building "G" 3301 Tamiami Trail, East Naples, Florida 34112 Attn: Brenda Brilhart, Purchasing Agent . 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 Company Name Signature and Title Date Email GGNA (Revision 7/200B) 21 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29,2009 Page 26 of 70 --- 22 CCNA (Revision 7/2008) --~--_. ~"'_"'_~'H'''__ RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 27 of 70 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 Date Name Printed Title of Person Signing Affidavit 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: I CCNA (Revision 7/2008) 23 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 28 of 70 PROPOSERS QUALIFICATION FORM LIST MAJOR WORK PRESENTLY UNDER CONTRACT: % Completed - Project Contract Amount - $ $ $ LIST CURRENT PROJECTS ON WHICH FIRM SUBMITTING IS THE CANDIDATE FOR AWARD: - OTHER INFORMATION ABOUT PROJECTS: Have you, at any time, failed to complete a project? - Yes - No STATEMENT OF LITIGATION: I Are there any judgments, claims or suits pending or outstanding Qy ill aqainst you? - Yes- No If the answer to either question is yes, submit details on separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: FEES: List total fees for work done on all Collier County Government projects in the past five (5) years, whether as an individual firm or as part of a joint venture. Fees must be listed individually by contract or project and then summarized as a total dollar amount. Attach additional page if necessary. CCNA (Revision 7/2008) 24 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29,2009 Page 29 of 70 $ _Total Fees for work done on all Collier County projects - I CCNA (Revision 7/20013) 25 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 30 of 70 REFERENCES: Bank(s) Maintaining Account(s): Surety/Underwriter: (if required) Other References: (Use additional sheets if necessary) TYPE OF FIRM: · CorporationlYears in Business: . If firm is a corporation, please list state in which it is incorporated: . If firm is a corporation, by signing this form, Proposer certifies that the firm is authorized to do business in the State of Florida. · PartnershiplY ears in Business: · Sole ProprietorshiplYears in Business: · Other: Please list: Pursuant to information for prospective Proposers for the above-mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications without prejudice. Name of Organization: By: Title: Attested By: Title: i , Date: DUNS Number: CCR Numbers: If the Proposer does not have such a number at the time of Proposal submission, then provide documentation that one has been requested. Vendors shall provide a number OR provide proof that it has been requested to be considered a responsive Proposer. CCNA (Revision 7/2008) 26 "-'~-'''' RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29,2009 Page 31 of 70 DECLARATION STATEMENT BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida :34112 RE: RFP NO. 09-5207-- "Consulting Services for the Collier Area Transit (CAT) Program" Dear Commissioners: The undersigned, as Proposer (herein used in the masculine, singular, irrespective of actual gender and number) declares that he is the only person interested in this proposal or in the contract to which this proposal pertains, and 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 Proposer further declares that he has complied in every respect with all the Instructions to Proposers issued prior to the opening of proposals, and that he has satisfied himself fully relative to all matters and conditions with respect to the general condition of the contract to which the proposal pertains. I The Proposer puts forth and agrees, if this proposal is accepted, to execute an appropriate Collier County document for the purpose of establishing a formal contractual relationship between him, and Collier County, for the performance of all requirements to which the proposal pertains. The Proposer states that the proposal is based upon the proposal documents listed by RFP #09-5207. (Proposal Continued on Next Page) CCNA (Revision 7/2008) 27 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29,2009 Page 32 of 70 PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 200_ in the County of , in the State of Firm's Complete Legal Name (Address) (City, State, ZIP) Phone No: Check one of the following: Fax No: · Sole Proprietorship · Corporation or P.A. State of · Limited Partnership · General Partnership By: Typed and Written Signature Title ****************************************************************************************************** ADDITIONAL CO NT ACT INFORMATION Send Payments To: (REQUIRED ONLY if different from above) (Company Name used as Payee) Contact Name: - Title: (Address) (City, State, ZIP) Phone No: Fax No: Email address: Office Servicing Collier County Account /Place Orders/Request Supplies (REQUIRED ONLY if different from above) - (Address) Contact Name , , Phone No: I (City, State, ZIP) -- Title F ax No: CCNA (Revision 7/2008) 28 '","'---",,'~" I RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 33 of 70 Email Address: - CCNA (Revision 7/200B) 29 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 34 of 70 Collier County Florida INSURANCE REQUIREMENTS INSURANCE TYPE REQUIRED LIMITS ------------------------------------------------------------------- ------------------------------------------------------------------- . 1. Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Govern- ment Statutory Limits and Requirements. ~ 2. -Commercial General Liability Bodilv Iniury & Property Damaqe (Occurrence Form) patterned after the current I.S.0 form $2,000,000 Single Limit Per Occurrence · 3. Indemnification: To the maximum extent permitted by Florida law, the 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 Consultant or anyone employed or utilized by the 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 Owned/Non-owned/H ired Automobile Included . 5. Other Insurance as indicated below: Professional Liability Insurance $ 2,000.000 Per Occurrence CCNA (Revision 7/2008) 30 <...".-~.,,'~"' RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29,2009 Page 35 of 70 COLLIER COUNTY FLORIDA INSURANCE REQUIREMENTS (Continued) . 7. Consultant shall ensure that all subconsultants 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. . 8. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. . 9. Collier County Board of County Commissioners shall be named as the Certificate Holdor. NOTE-- The "Certificate Holder" should read as follows: Collier-County Board of County Commissioners Naples, Florida No County Division, Department or individual name should appear on the Certificate. No other format will be acceptable. . 10. Thirty (30) Days Cancellation Notice required. . 11. The Certificate must state the RFP Number and Title. --------.-------------------------------------- --------.-------------------------------------- PROPOSER'S AND INSURANCE AGENT'S 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 RFP. Proposer I nsurance Agency Signature of Proposer Signature of Proposer's Agent CCNA (Revision 7/200B) 31 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 36 of 70 ~ EXHIBIT A - SCOPE OF WORK Scope of Work The scope of services described in this section ("Scope of Services") is a general guide and is not intended to be a complete list of all work and materials necessary to complete the project or supply goods or services. The Scope of Services contains work tasks believed necessary for General Consulting Services for Urban Design, Site Development Plan, Environmental Assessment, TransitlTransportation Planning, Green Initiatives, Project Management, Technical Studies and Data Collection for the development of an Intelligent Transportation System (ITS) and Geographic Information Systems (GIS) that meets CAT needs. Work will be procured by requesting proposals from all awarded firms and a project work order will be issued. - General Information The Urban Design, Site Development Plan, Environmental Assessment, Transit! Transportation Planning, Green Initiatives, Project Management, Technical Studies and Data Collection for the development of an Intelligent Transportation System (ITS) and Geographic Information Systems (GIS) shall provide services that involve expertise and technical skills in ,multimodal transportation related services. Consultant's staff will serve as an extension of Alternative Transportation Modes (A TM) Department staff on an "as needed basis" under the direction of the ATM Project Manager(s) to move projects from concept, through implementation, and to completion. Consultant will be responsible for providing technical expertise, developing guidelines and request for proposals, plans, procedures, manuals, and performing technical studies and analysis. General assignments may include, but are not limited to, coordination with land use development, provisions of local government transit oriented development guidelines, design standards, manual updates, land use and zoning reviews, corridor analysis, comprehensive transit system operations analysis, comprehensive transit facilities analysis, transit development plan updates, transit modeling, transportation impact and environmental studies/assessments, CAT Geodatabase design and management, Implementation of an Intelligent Transportation System (ITS), GIS base map design and development. Further examples are listed below under the three categories. When requested by the specified ATM Project Manager, the Consultant will work with, and receive guidance from, the appropriate A TM staff to develop the appropriate requirements, guidelines, and criteria for each project work order. The Consultant will then develop and submit to the A TM Project Manager, a final scope of work as he/she envisions the specific project work order, the number of hours by discipline required to complete the work order, all other direct costs required, a list of deliverables to complete the work order, and a proposed schedule for approval. The Consultant shall not proceed with any work on the work order until a notice to proceed is issued in - writing by the Transportation Division or authorized representative. CCNA (Revision 7/2008) 32 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29,2009 Page 37 of 70 Services to be Performed The Board of County Commissioners has authorized the issuance of a Request for Proposal for "General Consulting Services for Urban Design, Site Development Plan, Environmental Studies/Assessment, TransitfTransportation Planning, Green Initiatives, Project Management, Technical Studies and Data Collection for the development of an Intelligent Transportation System (ITS) and Geographic Information Systems (GIS)" on an as needed basis. In general, this effort will involve expertise and technical skills in developing, designing, engineering and implementing facilities and related services, Intelligent Transportation Systems (ITS), Transit Operations Analysis, Environmental Stud ies/ Assessments, T ra nsitfT ransportation Planning, Green Initiatives, Project Management. More specifically, the scope of services has been divided into four (4) areas of expertise including but not limited to: - A. Category One - TransitfTransportation Operations and Financial Planning B. Category Two - Technical Studies C. Category Three - Urban Design and Environmental Services D. Category Four - Mobility Management, Intelligent Transportation Systems (ITS) and Geographic Information System (GIS) It is the intent of the County to award to multiple vendors. Firms are to submit one (1) proposal for each category. The selection committee will determine the most technically qualified firm, and make a recommendation to the Board of County Commissioners for award of multiple contracts. Category One .- TransitlTransportation Operations and Financial Planning This work will require expertise in multi-modal transportation planning. Consultant will provide experienced consulting services to assist ATM staff in addressing existing travel means and patterns and to plan new transportation services for the community. ATM/CAT will initiate numerous service improvements and / or reductions based upon the County's long range vision of a comprehensive public transportation system coordinated at the community level and directly interfacing with land use development and budgetary constraints. The Collier County Transit Development Plan (TDP) calls for expansion of local route coverage, increased frequency of services, new connection into adjacent Counties to the north, introduction of technology to include electronic fareboxes, Automatic Passenger Counter (APC) and Automatic Vehicle Locators (AVL), the identification of a dedicated funding source, transportation financial and economic analysis, regional commuter assistance programs, and premium paratransit, demand response services, flex services and fixed route deviation and point deviation services. Consultant support will include operational analysis, market demand appraisals, resource demand studies, cost allocation analysis, service monitoring reviews and other transit operational and financial planning related services as required. Typical past and potential projects include: I CCNA (Revision 7/200B) 33 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 38 of 70 ;If Corridor Analysis ;If Comprehensive Operations Analysis ;If Traffic Operations and Road Design to accommodate bus operation ;If Transit Development Plan ;If Transportation Disadvantage Service Plan ;If Public Transportation Service Planning and Operations Analysis ;If Transit Preferential Treatment ~ Federal Transportation Programs Studies ;If Federal Transportation Administration Program Funding Application & Reporting ;If Florida Department of Transportation Program Funding Application & Reporting ;If Concurrency Review Analysis ;If Transportation Impact and Environmental Studies ;If Transit Operations Evaluation ;If Transit Systems Modeling and Travel Demand Modeling Development Strategies ;If Flexible Route Deviation / Point Deviation Service Development and - Implementation Plans ;If Public Participation Policy Review ;If Triennial Reviews and Title VI Support Category Two - Technical Studies This work will require expertise in data collection, travel demand forecasting, corridor designation studies, transit route studies and scheduling, project development, environmental studies, identification of green initiatives projects, traffic planning and data development studies, ridership forecasting and impact fees studies. Consultant will provide experienced consulting services to assist A TM staff in addressing existing and future challenges in data collection and analysis including developing standards and performance measures to evaluate development impact on Transit in order to identify potential co~tribution. I Typical past and potential projects include: ;If Automatic Passenger Counter (APC) data collection, analysis and utilization ;If Automatic Vehicle Locator (A VL) data collection, analysis and utilization ;If Electronic Farebox data collection, analysis and utilization ;If Financial Analysis Tools and Costing Models ;If On Time Performance Studies ;If Ridership and Revenue Forecasting ;If Ridership Demand Forecasting ;If Bus Stop Location, Amenities and Accessibility Standards Analysis ~ Comprehensive transit facilities analysis ;If Service Efficiency Reductions Analysis ;If Corridor Designation Studies ;If Transit Route Studies ;If Next Bus and other Intelligent Transportation Systems ;If Demand Response Service Analysis ;If Transit Scheduling (Le.: in a Trapeze FX and/or Route Match Environment) .- ;If Identification of green initiatives projects for transit (equipment, infrastructure, etc...) CCNA (Revision 7/2008) 34 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29,2009 Page 39 of 70 ~ Comprehensive Operations Analysis Category Three - Urban Design and Environmental Services The object of this task is to assist A TM staff with the coordination of transit with land use development, and environmental studies. A TM will require consultant services that provide expertise in local land use codes, transit oriented development guidelines and implementation techniques, Identification of green initiatives projects, private sector partnership incentive programs, and coordination with other urban infrastructure investments. The environmental studies standard should include ASTM 1527Phase I & II investigation and compliance with NEPA requirements. The selected consultant will have the ability to do documented categorical exclusions compliant with FT A's interpretation of NEPA requirements. I Typical past and potential projects include: ~ Comprehensive transit facilities analysis IilIlI Local Government Transit Oriented Development Guidelines IilIlI Development Review Procedures ;iii Developml~nt and Update of Transit Design Standards Manual ;I; Streetscape and Pedestrian Studies ;iii Land Use Code and Zoning Reviews IilIlI Redevelopment, Area Wide, and Specific Plan Assessments ;!il Joint Development Studies ;I; Environmental Assessment ~ Identification of green initiatives projects for transit (equipment, infrastructure, etc. ..) Category Four - Mobility Management, Intelligent Transportation Systems (ITS) and Geographic Information System (GIS) Mobility Management Collier County is soliciting proposals for the services of a qualified person or qualified professional firm for network consultation and support services, planning and implementing tile acquisition, and purchase of intelligent transportation technologies to operate a coordinated system, as well as promoting the use of innovative technologies, services and other methods to improve customer service. The nature of the service(s) will be network design, application development & customization, coordination and implementation of new and existing technologies with third party vendors, and ongoing support for a future proprietary CAT systems information network. Services will also include but are not limited to general management and operation of this future system. It is the general intent of the County that the person/firm will become CA T's adjunct IT staff for the proprietary system, performing routine maintenance and updates to the CAT information system's servers, network devices and proprietary applications, as well as providing a needed resource for both end users of the system and management staff. CCNA (Revision 7/20013) 35 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 40 of 70 I Overview CAT provides public transportation services to Collier County residents. The Alternative Transportation Modes Department manages a contractor, McDonald Transit Associates Inc., who is responsible for the day to day public transit operations. The Board of County Commissioners IT Department supports and maintains the network infrastructure, servers, PCs and associated standard Microsoft office productivity applications. In addition, McDonald Transit utilizes a software application called RouteMatch, currently supported by the software vendor. Intelligent Technology & Geographic Information Systems Services This task may include but is not limited to studies, design, installation and implementation of an Intelligent Transportation System (ITS) and Geographic Information System components including software, databases, applications and integration with existing systems. The Intelligent Technology includes but not limited to, Automatic Vehicle Locators (A VL), Automatic Passenger Counters (APC), Electronic Fareboxes (EF), Electronic On-Vehicle Passenger Information System (audio and visual message display) and on board security cameras. These technology solutions will meet Collier County's needs by integrating with existing and planned future systems, as well as including ongoing maintenance of the solution. Typical past and potential projects include: ;;jI Addition of hardware and software such as: . Scheduling software . Office software . PC hardware . Server . Server software ;;jI Assessment of required network infrastructure and devices ;;jI Desktop Applications Support ;;jI Server Administration Services ;;jI Network Administration Services ;;jI Network Security ;;jI Network Infrastructure Strategic Planning ;;jI Geodatabase design, management and interface integration ;;jI Support of Internet Map Services ;;jI Geo-Iocation of CAT bus stops and routes ~ ArclMS Server Development and Support Including Upgrades and Addition of Custom Applications ;;jI Provide real-time Automatic Vehicle Location (AVL) and vehicle component monitoring ;;jI Provide Mobile Data Terminals (MDT) ;;jI Provide real-time engine, transmission and key systems monitoring, logging and analysis tools ;;jI Provide Automatic Passenger Counters (APC) reporting and mapping ;;jI Provide onboard intelligence on vehicles to integrate and enhance existing onboard fare boxes, with single point sign-on, and a unified source of Global Positioning System (GPS) location, time, run, and route and trip information to CCNA (Revision 7/2008) 36 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29,2009 Page 41 of 70 those systems ~ Provide a single unified Geographic Information System (GIS) layer and solution usable for all CAT, (Collier Area Transit) systems relying on a map, and must be able to integrate into the current County GIS infrastructure ~ Provide for a public web page to allow riders to view real or n~ar real time routes and locations of vehicles ~ Provide continued support and maintenance of the solution so that the information and features provided remain stable and reliable over the life of the solution ~ Provide for future expansion and/or integration of internal and external systems such as onboard video, next bus information, transfer connection protection, transit signal priority and collision avoidance 111 Provide for the integration of the proposed solution into the existing Collier County data communications system, based on the Collier County Information Technology's TACS, (Technical Architectural Compatibility Standards). The proposed system must be able to be supported by Collier County IT personnel with vendor support. Work Orders The issuance of Work Orders is ongoing and multiple Work Orders maybe assigned simultaneously. Completed work on a task will be billed at the hourly rate governed by the contract. All Work Orders issued will be in writing. The Consultant(s) must provide a written estimate of the man-hours required and corresponding cost for each Work Order. ATM must approve each cost estimate in writing before the Consultant(s) initiates work on the task(s). Each Work Order will contain its own completion date. The completion datH of a Work Order may extend beyond the expiration date of the Contract, as long as the Work Order is issued prior to the expiration date of the Contract. No work on any task shall begin without a formal Notice to Proceed being issued. 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. Work order assignments for CCNA contracts shall be made in accordance with the Best Value Offer (BVO) procedure as approved by the Board of County Commissioners on February 10, 2009. The contracts are classified as fixed-term Countywide Agreements for various and miscellaneous consulting 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 (or the County's current competitive threshold) shall be approved by the Board of County Commissioners. The following personnel based on their position at ATM are authorized to issue Work CCNA (Revision 7/2008) 37 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 42 of 70 Orders: Alternative Transportation Modes (ATM) Department Director A TM Principal Planner ATM, Purchasing and the Consultant(s) shall negotiate a Maximum Fee for each individual Work Or~er. I The Maximum Fee shall be determined in accordance with the following provisions: a) The Maximum Fee amount established for each Work Order shall be the agreed man hour effort required for performance of the desired services at the approved hourly rates, plus miscellaneous and out-of-pocket expenses, plus the cost of negotiated expenses (if any). b) The approved hourly rates per job classification for the Prime Consultant(s) and any Subconsultant(s) to be applied to this contract are set forth in the Fee -- Structure provided by contractor. c) Miscellaneous and out-of pocket expenses for the Prime Consultant(s) and Subconsultant(s) shall be established for each Task Order covered by this Agreement and will consist of the following: Out-of-pocket expenses include incidental costs of printing, materials, expendable equipment, and travel within the limits of Florida Statute 112.061, equipment rental, long distance calls, and tolls. Itemized receipts which include detailed description of expense( s) shall be provided for reimbursement. No reimbursement shall be given without a proper receipt. Deliverables Each Work Order will define the deliverables. Deliverables shall be accepted by the appropriate A TM project manager before payment for such work. - CCNA (Revision 7/2008) 38 RFP 09-5207 Consulting Services for CAT Program I Agenda Item No. 1688 September 29, 2009 Page 43 of 70 EXHIBIT B - RFP 09-5207 FEDERAL TRANSIT ADMINISTRATION GRANTCOMPLlANCE REQUIREMENTS FOR CFDA 20.507/20.509 T ABLE OF CONTENTS Check Box If Applicable A.1 - Federallv Reauired and Other Model Contract Clauses . 1. Fly America Requirements (applies if foreign travel or transport) . 2. Buy America Requirements . 3. Charter Bus and School Bus Requirements . 4. Cargo Preference Requirements . 5. Seismic Safety Requirements (A&E for new buildings and additions) . 6. Energy Conservation Requirements . 7. Clean Water Requirements . 8. Bus Testing - Sign Certification . 9. Pre-Award and Post Delivery Audit Requirements - Sign Certification · 10. Lobbying - Sign Certification · 11. Access to Records and Reports · 12. Federal Changes · 13. Bonding Requirements · 14. Clean Air · 15. Recycled Products · 16. Davis-Bacon and Copeland Anti-Kickback Acts · 17. Contract Work Hours and Safety Standards Act 18. [Reserved] · 19. No Government Obligation to Third Parties · 20. Program Fraud and False or Fraudulent Statements and Related Acts · 21. Termination · 22. Government-wide Debarment and Suspension Sign Exhibit P · 23. Privacy Act · 24. Civil Rights Requirements · 25. Breaches and Dispute Resolution · 26. Patent and Rights in Data · 27. Transit Employee Protective Agreements · 28. Disadvantaged Business Enterprises (DBE) 29. [Reserved] · 30. Incorporation of Federal Transit Administration (FTA) Terms · 31. Drug and Alcohol Testing · 32. ADA Access · 33. ITS Standards Certificates requiring signature must be completed and submitted at time of proposal submittal to be considered for award. The services performed by the awarded Contractor shall be in compliance with all applicable FT A regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to CCNA (Revision 7/200B) 39 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 44 of 70 the work required to complete this project. I 1:. FLY AMERICA REQUIREMENTS 49 U.S.C. ~ 40118 41 CFR Part 301-10 Applicability to Contracts The Fly America requirements apply to the transportation of persons or property, by air, between a place in the U.S. and a place outside the U.S., or between places outside the U.S., when the FTA will participate in the costs of such air transportation. Transportation on a foreign air carrier is permissible when provided by a foreign air carrier under a code share agreement when the ticket identifies the U.S. air carrier's designator code and flight number. Transportation by a foreign air carrier is also permissible if them is a bilateral or multilateral air transportation agreement to which the U.S. Governm~nt and a foreign government are parties and which the Federal DOT has determined meets me requirements of the Fly America Act. Flow Down Requirements The Fly America requirements flow down from FT A recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. Fly America ReQuirements The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301- 10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 2. BUY AMERICA REQUIREMENTS (NOT APPLICABLE) 49 U.S.C. 5323(j) 49 CFR Part 661 3. CHARTER BUS REQUIREMENTS(NOT APPLICABLE) 49 U.S.C. 5323(d) 49 CFR Part 604 ~_. 3. SCHOOL BUS REQUIREMENTS(NOT APPLICABLE) CCNA (Revision 7/2008) 40 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 45 of 70 49 U.S.C. 5323(F) 49 CFR Part 605 4. CARGO PREFERENCE REQUIREMENTS(NOT APPLICABLE) 46 U.S.C. 1241 46 CFR Part 381 5. SEISMIC SAFETY REQUIREMENTS 42 U.S.C. 7701 et seq. 49 CFR Part 41 Applicabilitv to Contracts: The Seismic Safety requirements apply only to contracts for the construction of new buildings or additions to existing buildings. - - Flow Down: The Seismic Safety requirements flow down from FT A recipients and subrecipients to first tier contractors to assure compliance, with the applicable building standards for Seismic Safety, including the work performed by all subcontractors. Seismic Safety - The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. I 6. ENERGY CONSERVATION REQUIREMENTS 42 U.S.C. 6321 et seq. 49 CFR Part 18 Applicabilitv to Contracts: The Energy Conservation requirements are applicable to all contracts. Flow Down: The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subagreements at every tier. Energy Conservation - The contractor agrees to comply with mandatory standards and policies mlating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 7. CLEAN WATER REQUIREMENTS 33 U.S.C. 1251 CCNA (Revision 7/200B) 41 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29,2009 Page 46 of 70 Applicability to Contracts: The Clean Water requirements apply to each contract and subcontract which exceeds $100,000. Flow Down: The Clean Water requirements flow down to FT A recipients and subrecipients at every tier. Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et sea. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 8. BUS TESTING(NOT APPLICABLE) 49 U.S.C. 5323(c) 49 CFR Part 665 9. PRE-AWARD AND POST DELIVERY AUDITS REQUIREMENTS (NOT APPLICABLE) 49 U.S.C. 5323 49 CFR Part 663 10. LOBBYING 31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20 Applicability to Contracts: The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock! Professional Service Contract/Operational Service ContractiTurnkey contracts. Flow Down: The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti-Lobbying Amendment, 31 U.S.C. S 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7. Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying -, Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. ~ 1601, et seq.] _ CCNA (Revision 7/2008) 42 I RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 47 of 70 Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING . Certification for Contracts, Grants, Loans, and Cooperative Agreements -- (To be submitted with each bid or offer exceeding $100,000) The undersignEld ( Contractor) certifies, to the best of his or her knowledge and belief, that: I (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. CCNA (Revision 7/2008) 43 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 48 of 70 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. ~ 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Note: Pursuant to 31 U.S.C. ~ 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. -- Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date 11. ACCESS TO RECORDS AND REPORTS 49 U.S.C. 5325 18 CFR 18.36 (i) 49 CFR 633.17 Aoolicabilitv to Contracts: Reference Chart "Requirements for Access to Records and Reports by Type of Contracts" Flow Down: FT A does not require the inclusion of these requirements in subcontracts. Access to Records - The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FT A Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FT A Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FT A Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance -, through the programs described at 49 U.S.C. 5307, 5309 or 5311. CCNA (Revision 7/2008) 44 <..._..~.-... RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29,2009 Page 49 of 70 2. Where the Purchaser is a State and is the FT A Recipient or a subgrantee of the FT A Recipient il1 accordance with 49 C. F. R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an i institution of higher education, a hospital or other non-profit organization and is the: FT A Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FT A Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FT A Recipient or a subgrantee of the FT A Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoElver or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FT A Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)( 11). Requirements for Access to Records and Reports by Types of Contract Contract Operational Turnkey Construction Architectur Acquisition Profession Characteri Service al of. .. Rolling al Services , Contract Engineerin Stock stics I a CCNA (Revision 7/200B) 45 RFP 09-5207 Consultin~ Services for CAT Program Agenda Item No. 1688 September 29,2009 I Page 50 of 70 I State Grantees None Those None None None None imposed a. Contracts on state below SAT None pass thru Yes, if non- None None None ($100,000) unless1 non- to competitive unless unless unless competitive Contractor award or if non- non- non- b. Contracts award funded competi- competi- competi- above thru2 tive award tive award tive award $100,OOO/Ca I 5307/5309/ pital Proiects 5311 II Non State Grantees I Those Yes3 imposed Yes Yes Yes Yes a. Contracts on non- below SAT Yes3 state Yes Yes Yes Yes ($100,000) Grantee b. Contracts pass thru above to $100,000/Ca Contractor pital Proiects Sources of Authority: 149 USC 5325 (a) 249 CFR 633.17 318 CFR 18.36 (i) - ,. 12. FEDERAL CHANGES 49 CFR Part 18 Applicabilitv to Contracts: The Federal Changes requirement applies to all contracts. Flow Down: The Federal Changes requirement flows down appropriately to each applicable changed requirement. Federal Changes - Contractor shall at all times comply with all applicable FT A regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FT A, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 13. BONDING REQUIREMENTS (NOT APPLICABLE) 14. CLEAN AIR 42 U.S.C. 7401 et seq CCNA (Revision 7/2008) 46 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29,2009 Page 51 of 70 40 CFR 15.61 49 CFR Part 18 Applicabilitv to Contracts: The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year. Flow Down: Tile Clean Air requirements flow down to all subcontracts which exceed $100,000. Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. SS 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 15. RECYCLED PRODUCTS (NOT APPLICABLE) 42 U.S.C. 6962 40 CFR Part 247 Executive Order 12873 16. DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS (NOT APPLICABLE) 17. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (NOT APPLICABLE) 18. r RESERVED 1 19. NO GOVERNMENT OBLIGATION TO THIRD P~RTIES Applicabilitv to Contracts: Applicable to all contracts. Flow Down: Not required by statute or regulation for either primary contractors or CCNA (Revision 7/2008) 47 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 52 of 70 subcontractors, this concept should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific written consent. No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2)ihe Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FT A. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 20. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq. 49 CFR Part 3118 U.S.C. 1001 49 U.S.C. 5307 Applicability to Contracts: These requirements are applicable to all contracts. Flow Down: These requirements flow down to contractors and subcontractors who make, present, or submit covered claims and statements. Program Fraud and False or Fraudulent Statements or Related Acts. I (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. S 3801 et sea. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Actof 1986 on the Contractor to the - extent the Federal Government deems appropriate. CCNA (Revision 7/2008) 48 -,,""~,,_, RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29,2009 Page 53 of 70 (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FT A under the authority of 49 U.S.C. S 5307, the Government reserves the right to impose the penalties of 18 U.S.C. S 1001 and 49 U.S.C. ~~ 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FT A. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. -- 21. TERMINATION 49 U.S.C. Part 18 FT A Circular 4220.1 E Applicabilitv to Contracts: All contracts (with the exception of contracts with nonprofit organizations and institutions of higher education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $100,000.) In addition, such contracts shall describe conditions under which the contract may bH terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. Flow Down: The termination requirements flow down to all contracts in excess of $10,000, with tile exception of contracts with nonprofit organizations and institutions of higher learning. a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to thr. Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), thEl Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not delivHr supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by CCNA (Revision 7/2008) 49 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 54 of 70 serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period lirwhich cure is permitted and other appropriate conditions If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to th~ Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. - If, after termination for failure to fulfill contract obligations, it is determined that the CCNA (Revision 7/2008) 50 -,= .--.... RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29,2009 Page 55 of 70 Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination spE~cifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrenderE!d to the Recipient or its agent. The ConTractor and (Recipient) shall agree on paymEmt for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient). h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete ijt by contract or otherwise, and may take possession of and use any materials, appliiances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- 1. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight lembargoes; and 2. The contractor, within [10] days from the beginning of any delay, notifies the CCNA (Revision 7/2008) 51 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 56 of 70 (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. i. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. j. Termination for Convenience of Default (Cost-Type Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. - If the termination is for the convenience of the (Recipient), the Contractor shall be paid CCNA (Revision 7/2008) I 52 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 57 of 70 its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 22. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Backaround and Applicabilitv -- In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government-wiele regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions ape required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (Le., the requirement flows down to subcontracts at all levels). Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. CCNA (Revision 7/2008) 53 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 58 of 70 The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to , the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. I 23. PRIVACY ACT 5 U.S.C. 552 Applicabilitv to Contracts: When a grantee maintains files on drug and alcohol enforcement activities for FT A, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. Flow Down: The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. 9 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to -- administer any system of records on behalf of the Federal Government financed in CCNA (Revision 7/2008) 54 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 59 of 70 whole or in part with Federal assistance provided by FT A. 24. CIVIL RIGHTS REQUIREMENTS 29 U.S.C. ~ 623, 42 U.S.C. ~ 2000 42 U.S.C. ~ 6102, 42 U.S.C. ~ 12112 42 U.S.C. ~ 12132, 49 U.S.C. ~ 5332 29 CFR Part 1630,41 CFR Parts 60 et seq. Applicability to Contracts: The Civil Rights Requirements apply to all contracts. Flow Down: The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. S 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. S 6102, section 202 of the Americans with Disabilities Act of 1990,42 U.S.C. S 12132, and Federal transit law at 49 U.S.C. S 5332, the Contractor agrees that it will not discriminato against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FT A may issue. (2) Eaual Emplovment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race. Co 101". Creed, National Oriain. Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. S 2000e, and Federal transit laws at 49 U.S.C. S 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et sea., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. S 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing CCNA (Revision 7/2008) 55 I RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29,2009 Page 60 of 70 requirements FT A may issue. (b) Aqe - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. S S 623 and Federal transit law at 49 U.S.C. S 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FT A may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. S 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FT A may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 25. BREACHES AND DISPUTE RESOLUTION 49 CFR Part 18 FTA Circular 4220.1E Applicability to Contracts: All contracts in excess of $100,000 shall contain provisions or concHtions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Flow Down: The Breaches and Dispute Resolutions requirements flow down to all tiers. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of (Recipient)'s [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue performance under this Contract while matters in dispute are being resolved. ceNA (Revision 7/2008) 56 <'C"~'.'_"'.",_"'_.." RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 61 of 70 Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall bEl made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the (Recipient) is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in 'h'riting. 26. PATENT AND RIGHTS IN DATA 37 CFR Part 401 49 CFR Parts 18 and 19 Applicabilitv to Contracts: Patent and rights in data requirements for federally assisted projects ONL Y apply to research projects in which FT A finances the purpose of the grant is to finance the development of a product or information. These patent and data rights requirements do not apply to capital projects or operating projects, even though a small portion of the sales price may cover the cost of product development or writing the user's manual. Flow Down: The Patent and Rights in Data requirements apply to all contractors and their contracts at every tier. CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK. A. Rights in Data - This following requirement applies to each contract involving experimental, developmental or research work: I (1) The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the contract. The CCNA (Revision 7/2008) 57 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 62 of 70 term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to contract administration. (2) The following restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added: (a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or ContThdor authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution. (b) In accordance with 49 C.F.R. S 18.34 and 49 C.F.R. S 19.36, the Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)1 and (2)(b)2, of this clause below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party. 1. Any subject data developed under that contract, whether or not a copyright has been obtained; and 2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole; or in part provided by FT A. (c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FT A's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FT A determines otherwise, the Purchaser and the Contractor performing experimental, developmental, or research work required by the underlying contract to which this Attachment is added agrees to permit FT A to make available to the public, either FT A's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that contract shall become subject data - as defined in subsection (a) of this clause and shall be delivered as the Federal CCNA (Revision 7/2008) 58 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29,2009 Page 63 of 70 Government may direct. This subsection (c) , however, does not apply to adaptations of automatic data processing equipment or programs for the Purchaser or Contractor's use whose costs are financed in whole or in part with Federal assistance provided by FT A for transportation capital projects. (d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the ~cope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Neither the Purchaser nor the Contractor shalll be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government. -- (e) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. (f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying contract to which this Attachment has been added is exempt from the requirements of subsections (b), (c), and (d) of this clause, provided that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work. (g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FT A. (3) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (Le., a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of hi~}her education, individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to provide, through FT A, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative A~lreements," 37 C.F.R. Part 401. (4) The Contractor also agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FT A. B. Patent Rights - The following requirements apply to each contract involving CCNA (Revision 7/2008) 59 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29,2009 Page 64 of 70 experimental, developmental, or research work: (1) General - If anx invention, improvement, or discovery is conceived or first actually reduced to practicel in the course of or under the contract to which this Attachment has been added, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FT A is ultimately notified. (2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the Purchaser and the Contractor agree to take the necessary actions to provide, through FT A, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FT A. 27. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS (NOT APPLICABLE) 49 U.S.C. ~ 531 0, ~ 5311, and ~ 5333 29 CFR Part 215 28. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 26 Backaround and Applicabilitv The newest version on the Department of Transportation's Disadvantaged Business Enterprise (OBE) program became effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals, requirement to include DBE provisions in subcontracts, evaluating OBE participation where specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors. Additionally, the OBE program dictates payment terms and conditions (including limitations on retainage) applicable to all subcontractors regardless of whether they are OBE firms or not. The DBE program applies to all DOT-assisted contracting activities. A formal clause such as that below must be included in all contracts above the micro-purchase level. The requirements of clause subsection b flow down to subcontracts. _. CCNA (Revision 7/2008) 60 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 65 of 70 A substantial change to the payment provisions in this newest! version of Part 26 concerns retainage (see section 26.29). Grantee choices concerning retainage should be reflected in the language choices in clause subsection d. Disadvantaged Business Enterprises a. This contract is subject to the requirements of Title 49, 49 Code of Federal Regulations, Part 26, Participation by Disadvantaged Enterprises in Department of Transportation Financial Assistance Programs. Collier Area Transit's goal for DBE participation is 12.06%. b. A separate contract goal has not been established for this procurement. c. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shaW carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as Collier County deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). d. The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. In order to comply with the provisions of 49 CFR 26, the bidder/offeror agrees to the following: . Bid Opportunity List - shall submit with all Requests for Proposals and Invitations for Bid. . Anticipated DBE Participation Statement - shall submit with all Requests for Proposals and Invitations For Bid. . DBE Directory - the bidder/offeror may use the online DBE directory, BizNet, w\vw.bipincwebapps.com/biznett1Olida/ to locate ready, willing, and able DBE's to perform sub-contractor work or sub-consultant work on USDOT assisted contracts. . Subcontractor Payment Report - shall submit monthly to comply with monitoring requirements of 49 CFR 26. e. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from Collier County. In addition, the contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor's work related to this contract is satisfactorily completed. f. The contractor must promptly notify Collier County, whenever a DBE CCNA (Revision 7/200B) 61 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 66 of 70 subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of Collier County. 29. r RESERVED 1 30. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS FTA Circular 4220.1E Applicability to Contracts: The incorporation of FT A terms applies to all contracts. - Flow Down: The incorporation of FT A terms has unlimited flow down. Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FT A Circular 4220.1 E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FT A mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 31. DRUG AND ALCOHOL TESTING (NOT APPLICABLE) 49 U.S.C. ~5331 49 CFR Parts 653 and 654 32. ADA Access 49 U.S.C. ~5301 Access for Individuals with Disabilities. The Recipient agrees to comply with 49 U.S.C. 9 5301(d), which states the Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities. The Recipient also agrees to comply with all applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, with 29 U.S.C. 9 794, which prohibits discrimination on the basis of disability; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. 99 12101 et seq., which requires that accessible facilities and services be made available to CCNA (Revision 7/2008) 62 ^- RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 67 of 70 individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42 LJ.S.C. ~~ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, and any subsequent amendments to these laws or other laws pertaining to access for individuals with disabilities to thH extent applicable. 33. ITS Standards 5206(e) Section 5206(e) of the Transportation Equity Act for the 21st Century, Public Law 105- 178, 112 Stat. 547, pertaining to conformance with the National Intelligent Transportation Systems Architecture and Standards. All ITS projects funded with Mass Transit Funds from the Highway Trust Funds shall use applicable ITS standards and interoperability tests that have been officially adopted through rulemaking by the United States Department of Transportation (US DOT). CCNA (Revision 7/2008) 63 RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29, 2009 Page 68 of 70 ARRA SPECIAL TERMS AND CONDITIONS Funds appropriated under the Recovery Act The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act) was enacted to preserve and create jobs and promote economic recovery, assist those most impacted by the recession, provide investments needed to increase economic efficiency by spurring technological advances in science and health, invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits, stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases. The Contractor shall comply with all terms and conditions in the Recovery Act relating generally to governance, accountability, transparency, data collection and resources as specified in Act itself and as discussed below. Registration Section 1512 provides that first tier Contractors of ARRA funds must register with Central Contractor Registrdtion database (CCR). CCR registration can be completed at http://www.ccr.Qov. CR registration must be completed before the first quarterly Section 1512 report is due. Federal reporting on projects funded by the Recovery Act, will require contractors to report their DUNS number. The DUNS number is issued by Dun and Bradstreet. If you do not know your DUNS number, visit www.dnb.com and click on "0 & B D-U-N-S Number" to obtain a number. Compliance with American Recovery and Reinvestment Act of 2009: This project is subject to the criteria and conditions of the Recovery Act of 2009 and shall satisfy the federal reporting requirements for the project(s), through monthly reports, for both the contractor and subcontractors. The Contractor shall provide the required information on form(s) provided by the County in the timeframe indicated in the instructions and shall further include these reporting requirements in all subcontracts. Authority of the Comptroller General: Section 902 of the ARRA of 2009 provides the U.S. Comptroller General and his representatives the authority: (1) to examine any records of the Contractor or any of its subcontractors, or any State or Local agency administering such contract, that directly pertain to, and involve transactions relating to, the contract or subcontract; and (2) to interview any officer or employee of the Contractor or any of its subcontractors, or of any State or Local government agency administering the Contract, regarding such transactions. Accordingly, the Comptroller General and his representatives shall have the authority and rights as provided under Section 902 of the ARRA with respect to this Contract, which is funded with funds made available under the ARRA. Section 902 further states that nothing in this Section shall be interpreted to limit or restrict in any way any existing authority of the Comptroller General. CCNA (Revision 7/2008) 64 .~~"...~"'*-, RFP 09-5207 Consulting Services for CAT Program Agenda Item No. 1688 September 29,2009 Page 69 of 70 EXHIBIT C - FT A FORMS Provided In Separate File Required Submittals with Proposal: . Certification Regarding Lobbying . Declaration of Debarment . Anticipated DBE Participation Statement . Bid Opportunity List for Professional Consultant Services Required after Contract Award: . Subcontractor Payment Report DBE/Non-DBE I CCNA (Revision 7/2008) 65 Agenda Item No. 1688 September 29, 2009 Page 70 of 70 ~County Tabulation Sheet Admnls1rative Services Drvision Purdlasing TABULATION FOR RFP # 09-5207 TITLE: "Consulting services for the Collier Area Transit (CAT) Program" DATE OF RFP ADVERTISEMENT: May 15, 2009 -- RFP DUE: July 3, 2009 NO. OF INQUIRIES SENT: 508 VENDORS REQUESTED FULL PACKAGE: 68 +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ # Proposer City, State Original + 5 Copies 1. CH2MHILL Naples, FL Yes No 2. WilburSmith Associates Fort Myers, FL Yes No 3. Tindale-Oliver & Associates, Inc. Tampa, FL Yes No 4. Renaissance Planning Group Tampa, FL Yes No 5. PB Americas Inc. Tampa, FL Yes No 6. Yes No 7. Yes No 8. _ Yes No 9. Yes No 10. Yes No Opened by Brenda Brilhart Witness Carol Ropp G:Acquisitions/T echFormsandLettersRFPT abSheet Revised: 4/16/09