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Agenda 09/10/2019 Item #16E11 (RPS #18-7432-UP)09/10/2019 EXECUTIVE SUMMARY Recommendation to approve the selection committee ranking for Request for Professional Services (“RPS”) No. 18-7432-UP, “Professional Services Library - Utility Plants Design and Engineering,” and authorize staff to enter into contract negotiations with the top fourteen ranked firms, which contracts will be brought to the Board for consideration at a subsequent meeting. OBJECTIVE: To provide small, supplemental architectural and engineering services to the County’s project managers. CONSIDERATIONS: The County maintains a pool of qualified architectural and engineering firms to quickly and efficiently provide services for County projects. These contractors are used for professional services projects less than $200,000 where the resulting construction value is under $2M. With the assistance of operating staff, the Procurement Services Division developed a solicitation for these services consistent with Florida’s Competitive Consultants Negotiation Act, Section 287.055, Florida Statutes (the “CCNA”). On December 11, 2018, the Procurement Services Division released notices of RPS No. 18 -7432-UP - Utility Plants Design and Engineering to 15,354 firms; 133 interested firms downloaded the solicitation information; and the County received fifteen (15) proposals by the January 25, 2019 due date. Staff found all fifteen firms responsive and responsible. The Selection Committee met on May 6, 2019, and as described in the solicitation documents, the Committee scored each of the proposals and r anked the firms as follows: Company Name Final Ranking Tetra Tech, Inc. 1 AECOM Technical Services, Inc. 2 Carollo Engineers, Inc. 3 Stantec Consulting Services, Inc. 4 TKW Consulting Engineers, Inc. 5 CDM Smith, Inc. 6 Q. Grady Minor & Associates, P.A. 7 Black & Veatch Corporation 8 Hole Montes, Inc. 9 Cardno, Inc. 10 Water Science Associates, Inc. 11 CPH, Inc. 12 Jacobs Engineering Group, Inc. 13 McKim & Creed, Inc. 14 Capital Consulting Solutions, LLC 15 Staff is recommending that the Board direct staff to negotiate agreements with the top 14 ranked firms. The number 15 ranked firm, Capital Consulting Solutions, LLC, is not being recommended because it lacked relevant experience. FISCAL IMPACT: Funds are available in various department budgets that use these agreements. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT 16.E.11 Packet Pg. 1861 09/10/2019 GROWTH MANAGEMENT IMPACT: There is no direct impact on the Growth Management Plan. RECOMMENDATION: To approve the selection committee ranking for RPS No. 18-7432-UP, “Professional Services Library - Utility Plants Design and Engineering,” and authorize staff to enter into contract negotiations with the top fourteen ranked firms, which contracts wi ll be brought to the Board for consideration at a subsequent meeting. Prepared by: Swainson Hall, Procurement Manager - Acquisitions ATTACHMENT(S) 1. 18-7432-UP Solicitation (DOCX) 2. 18-7432-UP Final Ranking (PDF) 3. 18-7432-UP NORA (PDF) 16.E.11 Packet Pg. 1862 09/10/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.11 Doc ID: 9951 Item Summary: Recommendation to approve the selection committee ranking for Request For Professional Services (“RPS”) No. 18-7432-UP for “Professional Services Library - Utility Plants Design and Engineering,” and authorize staff to enter into contract negotiations with the top fourteen ranked firms, which contracts will be brought to the Board for consideration at a subsequent meeting. Meeting Date: 09/10/2019 Prepared by: Title: Procurement Specialist – Procurement Services Name: Evelyn Colon 08/26/2019 3:09 PM Submitted by: Title: – Procurement Services Name: Ted Coyman 08/26/2019 3:09 PM Approved By: Review: Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 08/26/2019 3:43 PM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 08/26/2019 4:49 PM Procurement Services Ted Coyman Additional Reviewer Completed 08/26/2019 5:09 PM Procurement Services Evelyn Colon Additional Reviewer Completed 08/27/2019 11:57 AM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 08/27/2019 3:48 PM Grants Erica Robinson Level 2 Grants Review Completed 08/27/2019 5:10 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 08/29/2019 4:03 PM Grants Carrie Kurutz Additional Reviewer Completed 09/03/2019 10:24 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/03/2019 10:45 AM Office of Management and B udget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/03/2019 12:57 PM Grants Therese Stanley Additional Reviewer Completed 09/03/2019 2:00 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/03/2019 2:51 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM 16.E.11 Packet Pg. 1863 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROFESSIONAL SERVICES (RPS) In accordance with Florida Statute 287.055 Consultants’ Competitive Negotiation Act FOR PROFESSIONAL SERVICES LIBRARY UTILITY PLANT/REMOTE SITE ENGINEERING RPS NO.: 18-7432-UP EVELYN COLON, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-2667 Evelyn.Colon@colliercountyfl.gov (Email) This proposal solicitation document is prepared in a Microsoft Word format (rev 8/16/17). Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.E.11.a Packet Pg. 1864 Attachment: 18-7432-UP Solicitation (9951 : Final Ranking 18-7432-UP for Professional Services Library - Utility Plants Design and Engineering) SOLICITATION PUBLIC NOTICE REQUEST FOR PROFESSINAL SERVICES (RPS) NUMBER: 18-7432-UP PROJECT TITLE: PROFESSIONAL SERVICES LIBRARY: UTILITY PLANT/REMOTE SITE RPS OPENING DAY/DATE/TIME: JANUARY 11, 2019 AT 3:00PM PLACE OF RPS OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the Public Utilities Engineering and Project Management Division (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Request for Professional Services (her einafter, “RPS”) with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance, as amended. The purpose of this solicitation is to acquire multiple qualified firm(s) to provide engineering services on an as needed basis in the UTILITY PLANT/REMOTE SITE CATEGORY. Historically, County departments have spent approximately $9,440,000.00 over the previous 4-year period; however, this may not be indicative of future buyin g patterns. BACKGROUND The Collier County Board of County Commissioners, in compliance with Florida Statute 287.055, Consultants’ Competitive Negotiation Act, is seeking proposals from qualified and experienced engineering firms to perform continuing professional services, under the UTILITY PLANT/REMOTE SITE CATEGORY (UP) of the County’s Professional Services Library. All work awarded under this contract will be for projects in which the estimated construction cost of each individual project does not exceed $2 million, and professional services for each individual project does not exceed $200,000. All work will be performed in accordance with industry standards and comply with applicable laws, and regulations. TERM OF CONTRACT The contract term, if awards are made, is intended to be for one (1) five (5) year term with a single one (1) year renewal option at the sole discretion of the County. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written n otice of the County's intention to extend the Agreement term not less than ten (10) days pri or to the end of the Agreement term then in effect. DETAILED SCOPE OF WORK The Successful firms shall be required to work in close cooperation/coordination with Collier County staff. Work orders will be assigned on an as needed basis, and may include but not limited to the following types of professional services in the Utility Plant/Remote Site Engineering/Professional Services field: 16.E.11.a Packet Pg. 1865 Attachment: 18-7432-UP Solicitation (9951 : Final Ranking 18-7432-UP for Professional Services Library - Utility Plants Design and Engineering) • Water and Wastewater Engineering; • Construction Engineering and Inspection (CEI). Typical Treatment Plant infrastructure includes, but is not limited to: • Piping/Valves • Pumps/Motors/Drives • Tanks/Clarifiers/Reactors • Membranes • Degasifiers • Odor Control • Chemical Systems • Power Systems • Structures • Wellfields • SCADA/Instrumentation DISTRIBUTION OF WORK A. Professional Services Library Rotation B. 1. Work assignments within each service category are awarded on a rotation al basis by the Procurement Division. 2. For each service category, the Procurement Division will place qualifying firms in the Professional Services Library in the order they are ranked, wi th the highest scoring firm placed in the first position in the rotation. 3. As each work assignment is identifi ed the next firm in the rotation wi ll be offered the opportunity to negotiate that work assignment with the County’s Administrative Agent. 4. Should a firm decline a work assignment or be unable to reach a satisfa ctory fee negotiation with the County within a reasonable time frame, the County will contact the next firm on the list until the work assignment is successfully negotiated. 5. Firms wi ll have the option of rejecting one work assignment within each service category within a twelve (12) month period without penalty. A second work assignment rejection within any twelve (12) month period will cause the firm to be skipped in the rotation. A firm who rejects three (3) work assignments (or is unable to satisfactorily negotiate 3 work assignments) in any twelve (12) month period may be removed from the service category at the direction of the Procurement Services Division Director. 6. Firms wishing to reject a work assignment for any reason must complete a Work Assignment Rejection Notification Form. A copy of this completed form must be provided to the Procurement Division by the County’s Administrative Agent. 7. Once a full rotation through all firms in a service category is complete, a method that attempts to impart an equitable distribution of work among selected firms will be based on prior dollars awarded; with the firm having received the least amount of dollars being considered for the next work assignment. C. Professional Services Library - Direct Selection D. For work assignments requiring unique experience or knowledge, including past experience on another phase of the project, the County project manager may formally request permission to forego the rotation and select a specific firm. This request will r equire the completion of a Work Assignment Direct Select Form, which requires the approval of both a Division Dir ector and the Procurement Services Director. Firms that are directly selected for a work assignment as a result of this process sh all be passed on their next scheduled turn in the rotation. REQUEST FOR PROFESSIONAL SERVICES (RPS) LIBRARY PROCESS 1.1 The selection process will involve a qualifications-based proposal review in order to qualify a library of consulting firms to perform various County projects. The consulting firms will submit a qualifications proposal, based on the criteria detailed below (Response Format and Scoring Criteria for Development of Shortlist), which will be the basis for scoring, ranking, and determining the number of firms that will be awarded. The consulting firms will need to meet the minimum requirements outlined in or der for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then produce a final ranking for approval by the Board of County 16.E.11.a Packet Pg. 1866 Attachment: 18-7432-UP Solicitation (9951 : Final Ranking 18-7432-UP for Professional Services Library - Utility Plants Design and Engineering) Commissioners. Upon approval, the County will enter into negotiations with the selected firms. With successful negotiations, contracts will be developed with the selected firms, and subsequent individual work orders issued based on the distribution of work explained above. 1.2 The COUNTY will use a Selection Committee in the RPS selection process. 1.3 The intent of the scoring of the qualifications proposal, is for consultants to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 1.4 Based upon a review of these qualification proposals, the firms will be scored, ranked, and recommended for award to the Board of County Commissioners. 1.5 Once the award recommendation is approved, the COUNTY will enter into negotiations with the awarded firms. Upon successful negations, the firms will be assigned to the Professional Services Library. RESPONSE FORMAT AND SCORING CRITERIA FOR DEVELOPMENT OF SHORTLIST: 1.6 This evaluation criterion will be utilized by the COUNTY’S Selection Committee to score each proposal. Consultants are encouraged to keep their proposals concise and to include a minimum of marketing materials. Proposals must address the following criteria: STEP 1 Evaluation Criteria Maximum Points 1. Ability of Professional Personnel 30 Points 2. Certified Minority Business Enterprise 5 Points 3. Past Performance 30 Points 4. Location 15 Points 5. Recent, Current, and Projected Workloads of the Firm 20 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County’s financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnesses. ----------------------------------------------------------------------------------------------------------------------------------------------- Each criterion and methodology for scoring is further described below. ***Proposals must be assembled, at minimum, in the order of the Response Format and Scoring Criteria listed or your proposal may be deemed non-responsive*** EVALUATION CRITERIA NO. 1: ABILITY OF PROFESSIONAL PERSONNEL (30 Total Points Available) This criterion measures the ability of professional team personnel as shown by their level of experience on projects of similar type, size and complexity. This criterion measures how well the team is staffed to address all facets of the project. It measures how well the team is organized to deliver the project for the COUNTY. Preference will be given to teams with knowledge and experience with local construction and regulatory conditions and who demonstrate a strong commitment to team collaboration proximate to the project site. Preference will also be given to teams (both individual within the teams and the companies making up the team) that have worked together on successful delivery of similar projects. It measures the overall level of the team’s qualifications to successfully complete the project. EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points Available) Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Minority Business Enterprise EVALUATION CRITERIA NO. 3: PAST PERFORMANCE (30 Total Points Available) This criterion measures the professional team’s past experience with projects similar in size, type and complexity as this project. The professional teams will be evaluated on their UTILITY PLANT/REMOTE SITE projects of the size and scope of this project, including the experience the team members proposed on this project have together on the previous projects presented. Experience with all elements of the project scope as generally described herein will be evaluated, with 16.E.11.a Packet Pg. 1867 Attachment: 18-7432-UP Solicitation (9951 : Final Ranking 18-7432-UP for Professional Services Library - Utility Plants Design and Engineering) specific emphasis on experience addressing the technical, community and project delivery categories. The professional team’s minimization of change orders will be an important consideration. Preference will be given to UTILITY PLANT/REMOTE SITE constructed within the last five (5) years in proximity to the proposed project. The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the Proposer that best represent projects of similar size, scope and complexity of this project using the REFERENCE QUESTIONNAIRE provided. Proposer may include two (2) additional pages for each project to illustrate aspects of the completed project that provides information to assess the experience of the Proposer on relevant project work. EVALUATION CRITERIA NO. 4: LOCATION (15 Total Points Available) The professional team’s approach to management and execution of work with respect to location of various key project team members will be evaluated under this criterion. The Proposer shall demonstrate from the project kick-off how they will establish the project location in order to manage day-to-day or on -site information collection and distribution between internal and external team members, and County staff, as well as other entities involved in the project. EVALUATION CRITERIA NO. 5: RECENT, CURRENT, AND PROJECTED WORKLOADS OF THE FIRM (20 Total Points Available) This criterion measures the team’s proposed resources for the project and their availability to complete all elements of this project with regards to the closeout of recent work, current workload, and projected projects that could impact the completion of this project. INSTRUCTIONS TO PROPOSERS 1. QUESTIONS 1.1 Direct questions related to this RPS to the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. 1.2 Consultants must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. PRE-PROPOSAL CONFERENCE (If Applicable) 2.1 The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RPS with all prospective Consultants having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RPS. Only written responses to written questions will be considered official and will be included as part of the RPS as an addendum. 2.2 All prospective Consultants are strongly encouraged to attend, as, this will usually be the only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted as “mandatory”, prospective Consultants must be present in order to submit a proposal response. 3. COMPLIANCE WITH THE RPS Proposals must be in strict compliance with this RPS. Failure to comply with all provisions of the RPS may result in disqualification. 4. AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RPS It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict, discrepancy, omission or other error in the RPS, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RPS from the Procurement Services Division. 5. PROPOSALS, PRESENTATIONS, AND PROTEST COSTS The County will not be liable in any way for any costs incurred by any Consultant in the preparation of its proposal in response to this RPS, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. DELIVERY OF PROPOSALS 6.1 All proposals are to be submitted by the due date and Naples local time, on the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. 6.2 The County does not bear the responsibility for proposals delivered to the Procurement Services Division past the stated 16.E.11.a Packet Pg. 1868 Attachment: 18-7432-UP Solicitation (9951 : Final Ranking 18-7432-UP for Professional Services Library - Utility Plants Design and Engineering) date and/or time indicated. 7. VALIDITY OF PROPOSALS 7.1 No proposal can be withdrawn after it is opened unless the Consultant makes their request in writing to the County. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. METHOD OF SOURCE SELECTION 8.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2017-08, establishing and adopting the Collier County Procurement Ordinance. 8.2 If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals. 9. EVALUATION OF PROPOSALS 9.1 Collier County will evaluate the proposals and select the firm in accordance with Florida Statute 287.055, Consultants’ Competitive Negotiation Act (CCNA). 9.2 The County’s procedure for selecting is as follows: 9.2.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted. 9.2.2 The Request for Professional Services is issued. 9.2.3 Subsequent to the receipt closing date for the proposals, the Procurement professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RPS. 9.2.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services Division. 9.2.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publicly announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be posted with at least one (1) day advanced notice. 9.2.6 Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the Request for Professional Services using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. 9.2.7 At the publicly noticed selection committee meeting, the members will present their independent findings / conclusions / comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. Time will be allowed for public comment. 9.2.8 Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Colli er County may request, clarification of proposer information, and/or additional credit information. 9.2.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly. The selection committee may ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their final ranking. 9.2.10 The selection committee’s overall rank of firms in order of preference (from highest beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the Procurement Professional. By having used all information presented (proposal, presentation, references, etc.), the selection committee members will create a final ranking and staff will subsequently enter into negotiations. 9.3 The County reserves the right to withdraw this RPS at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. 9.4 Receipt of a proposal by the County offers no rights upon the Consultant nor obligates the County in any manner. 9.5 Acceptance of the proposal does not guarantee issuance of any other governmental approvals. 10. REFERENCES The County reserves the right to contact any and all references submitted as a result of this solicitation. 11. RESERVED RIGHTS 16.E.11.a Packet Pg. 1869 Attachment: 18-7432-UP Solicitation (9951 : Final Ranking 18-7432-UP for Professional Services Library - Utility Plants Design and Engineering) Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrea se quantities to meet the additional or reduced requirements of Collier County. Collier County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award to one or more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the best interest of the County. Collier County reserves its right to reject any sole response. 12. INSURANCE AND BONDING REQUIREMENTS 12.1 The Consultant shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Consultant shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. 12.2 The County and the Consultant waive against each other and the County’s separate Consultants, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Consultant and County shall, where appropriate, require similar waivers of subrogation from the County’s sepa rate Consultants, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. 12.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance. 12.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” 12.5 The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall name Col lier County, Florida, as an additional insured as to the operations of Consultant under this solicitation and shall contain a severability of interests provisions. 12.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. Th e Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 12.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Consultant has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Consultant must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Consultant’s sole responsibility. 12.8 Coverage(s) shall be maintained without interruption from the date of commencemen t of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. 12.9 The Consultant and/or its insurance carrier shall provide 30 days written notice to the County of poli cy cancellation or non-renewal on the part of the insurance carrier or the Consultant. The Consultant shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Consultant from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant hereunder, Consultant shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 12.10 Should at any time the Consultant not maintain the insurance coverage(s) required herein, the County may ter minate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Consultant for such coverage(s) purchased. If Consultant fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Consultant under this Agreement or any other agreement between the County and Consultant. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 12.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Consultant shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Consultant to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 16.E.11.a Packet Pg. 1870 Attachment: 18-7432-UP Solicitation (9951 : Final Ranking 18-7432-UP for Professional Services Library - Utility Plants Design and Engineering) 13. ADDITIONAL ITEMS AND/OR SERVICES Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 14. 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. 15. VENDOR PERFORMANCE EVALUATION The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. The County reserves the right to take into consideration a vendor ’s past performance under a prior or current County contract when it is considering the granting of a new contract, the assignment of a work order, or any additional work. Past poor performance may result in the County deeming the vendor non -responsible and therefore refraining from awarding such work. 16. ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 16.1 The selected Consultant shall be required to sign a standard Collier County contract. 16.2 The resultant contract(s) may include purchase or work orders issued by the County’s project manager . 16.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided b y the Consultant. 16.4 The County’s project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 17. PUBLIC RECORDS COMPLIANCE 17.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 17.2 The Contractor must specifically comply with the Florida Public Records Law to: 17.2.1 Keep and maintain public records required by the public agency to perform the service. 17.2.2 Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 17.2.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and fol lowing completion of the contract if the Contractor does not transfer the records to the public agency. 17.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electron ically must be 16.E.11.a Packet Pg. 1871 Attachment: 18-7432-UP Solicitation (9951 : Final Ranking 18-7432-UP for Professional Services Library - Utility Plants Design and Engineering) provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 18. WORK ORDERS ON FIXED TERM CONTRACTS 18.1 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. 18.2 Work issued that is determined to be against a “CONTINUING CONTRACTS” shall not exceed $200,000. 18.3 Work in excess of $200,000 shall be performed under a “PROJECT SPECIFIC CONTRACT” and approved by the Board of County Commissioners. 18.4 Should any project that is active on a work order extend past the contract termination date, that work order will be active and extended as necessary until completion of such project. 19. PAYMENT METHOD 19.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include: 19.1.1 Purchase Order Number 19.1.2 Description and quantities of the goods or services provided per instructions on the County’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail East, Suite 700 Naples FL 34112 Or Emailed to: bccapclerk@collierclerk.com 19.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non -payment under the legal doctrine of “laches” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 19.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 19.4 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 20. ENVIRONMENTAL HEALTH AND SAFETY 20.1 All Consultants and Sub Consultants performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulation s. Consultants and Sub Consultants shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. 20.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Consultant’s work operations. This provision is non -negotiable by any department and/or Consultant. 20.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 20.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 21. POLLUTION PREVENTION The vendor is required to implement industry relevant pollution prevention and best management practices. Should pollution incidents occur, Collier County Pollution Control must be notified immediately. 16.E.11.a Packet Pg. 1872 Attachment: 18-7432-UP Solicitation (9951 : Final Ranking 18-7432-UP for Professional Services Library - Utility Plants Design and Engineering) 22. LICENSES 22.1 The Consultant is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the enti ty proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Consultant to submit the required documentation may be grounds to deem Consultant non-responsive. A Consultant, with an office within Collier County is also required to have an occupational license. 22.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active” in Collier County. 22.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector’s Office at (239) 252-2477. 23. SURVIVABILITY The Vendor agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the original Solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination. 24. PRINCIPAL/COLLUSION By submission of this Proposal the undersigned, as Consultant, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 25. 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, an d 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. 26. TERMINATION Should the Consultant be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non -performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board’s Procurement Ordinance. 27. LOBBYING After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty-eight of County Ordinance 2017-08. 28. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (Fl Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves t he right to award to another firm. 29. SINGLE PROPOSAL Each Consultant must submit, with their proposal, the required forms included in this RPS. Only one proposal from a legal 16.E.11.a Packet Pg. 1873 Attachment: 18-7432-UP Solicitation (9951 : Final Ranking 18-7432-UP for Professional Services Library - Utility Plants Design and Engineering) entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-consultant to any other firm submitting under the same RPS. If a legal entity is not submitting as a primary or as part of a partnership or joint ventur e as a primary, that legal entity may act as a sub-consultant to any other firm or firms submitting under the same RPS. All submittals in violation of this requirement will be deemed non -responsive and rejected from further consideration. 30. PROTEST PROCEDURES 30.1 Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director strictly in accordance with the County’s current Procurement Ordinance and policies. 30.2 Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within three (3) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. 30.3 Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 31. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted Consultant list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transa ct business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Consultant list. 32. SECURITY AND BACKGROUND CHECKS 32.1 The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 32.2 All of Contractor’s employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s business. 32.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL- FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Col lier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 32.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordin ated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 33. CONFLICT OF INTEREST Consultant shall complete the Conflict of Interest Affidavit included as an attachment to this RPS 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. 34. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or othe r item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RPS, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 16.E.11.a Packet Pg. 1874 Attachment: 18-7432-UP Solicitation (9951 : Final Ranking 18-7432-UP for Professional Services Library - Utility Plants Design and Engineering) 35. IMMIGRATION LAW AFFIDAVIT CERTIFICATION 35.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. 35.2 The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitation s to Bid (ITB) and Request for Proposals (RFP) including Request for Professional Services (RPS) and construction services. 35.3 Exceptions to the program: 35.3.1 Commodity based procurement where no services are provided. 35.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners 35.4 Consultants / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Consultants are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E -Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Consultant does not comply with providing the acceptable E -Verify evidence and the executed affidavit the bidder’s / Consultant’s proposal may be deemed non -responsive. 35.5 Additionally, Consultants shall require all subcontracted Consultants to use the E -Verify system for all purchases not covered under the “Exceptions to the program” clause above. 35.6 For additional information regarding the Employment Eligibility Verification System (E -Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Consultant’s responsibility to familiarize themselves with all rules and r egulations governing this program. 35.7 Consultant acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affida vit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. VENDOR CHECKLIST Vendor should check off each of the following items as the necessary action is completed (please see, Form 2: Vendor Check List): The Solicitation Submittal has been signed. All applicable forms have been signed and included, along with licenses to complete the requirements of the project. Required Reference Questionnaires have been completed for previous projects and included with the proposal. Any addenda have been signed and included. All grant requirements have been reviewed and forms completed (if applicable). Division of Corporations - Florida Department of State – http://dos.myflorida.com/sunbiz/ (If work performed in the State). E-Verify/Immigration Affidavit (Memorandum of Understanding). 16.E.11.a Packet Pg. 1875 Attachment: 18-7432-UP Solicitation (9951 : Final Ranking 18-7432-UP for Professional Services Library - Utility Plants Design and Engineering) Selection Committee Scoring Sheet (STEP 1) RPS #: 18-7432-UP Title: PROFESSIONAL SERVICES LIBRARY UTILITY PLANT/REMOTE SITE ENGINEERING Name of Firm Wayne Karlovich Pete Schalt Alicia Abbott Tom Sivert Craig Pajer Total Scores Final Ranking Tetra Tech, Inc.87 72 80 93 84 416.00 1.00 AECOM Technical Services, Inc.82 71 76 83 88 400.00 2.00 Carollo Engineers, Inc.84 67 79 88 82 400.00 3.00 Stantec Consulting Services, Inc.82 72 77 85 80 396.00 4.00 TKW Consulting Engineers, Inc.77 69 71 70 86 373.00 5.00 CDM Smith, Inc.81 71 73 81 64 370.00 6.00 Q.Grady Minor & Associates, P.A.61 69 70 83 85 368.00 7.00 Black & Veatch Corporation 83 69 70 78 63 363.00 8.00 Hole Montes, Inc.81 72 75 85 40 353.00 9.00 Cardno, Inc.69 69 67 78 69 352.00 10.00 Water Science Associates, Inc.41 68 58 93 87 347.00 11.00 CPH, Inc.79 67 68 85 45 344.00 12.00 Jacobs Engineering Group, Inc.78 70 68 93 30 339.00 13.00 McKim & Creed, Inc.76 69 72 78 39 334.00 14.00 Capital Consulting Services 39 68 55 55 20 237.00 15.00 Procurement Professional Evelyn Colon Page 1 of 1 16.E.11.b Packet Pg. 1876 Attachment: 18-7432-UP Final Ranking (9951 : Final Ranking 18-7432-UP for Professional Services Library 16.E.11.c Packet Pg. 1877 Attachment: 18-7432-UP NORA (9951 : Final Ranking 18-7432-UP for Professional Services Library - Utility Plants Design and Engineering) 16.E.11.c Packet Pg. 1878 Attachment: 18-7432-UP NORA (9951 : Final Ranking 18-7432-UP for Professional Services Library - Utility Plants Design and Engineering)