Agenda 03/24/2020 Item #16E 9 (RPS #18-7432-RB - Professional Services)03/24/2020
EXECUTIVE SUMMARY
Recommendation to approve the selection committee’s ranking of Request for Professional Services
(“RPS”) No. 18-7432-RB, “Professional Services Library - Road & Bridge Study, Planning and
Design Category,” and authorize staff to begin contract negotiations with the top twelve ranked
firms, so that proposed agreements may be brought back for the Board’s consideration at a
subsequent meeting.
OBJECTIVE: To obtain approval of the selection committee’s ranking of consultants so that staff can
negotiate contracts pertaining to professional services to be used by County departments to facilitate
projects for operations and capital project implementation.
CONSIDERATIONS: This RPS sought consultants willing to enter into professional service contracts
to provide small supplemental engineering services to the County’s Project Managers for road and bridge
projects. The eventual contracts sought to be issued under this RPS will be used for professional services
on projects that are no greater than $200,000, and where any related construction project is valued under
two million dollars, or the maximum amount allowable by law. With the assistance of operating staff, the
Procurement Services Division developed a solicitation for these services consistent with Florida’s
Consultants’ Competitive Negotiation Act, Section 287.055, Florida Statutes (the “CCNA”).
On November 5, 2019, the Procurement Services Division released notices of Request for Professional
Services 18-7432-RB, Professional Services Library - Road & Bridge Study, Planning and Design
Category. Staff notified 6,466 firms, 140 firms viewed/downloaded the solicitation information, and the
County received eighteen (18) proposals by the January 13, 2020 due date. Staff determined all eighteen
firms to be responsive and responsible. A selection committee met on February 13, 2020 and scored each
of the proposals and ranked the firms as listed below.
Company Name Final Ranking
Jacobs Engineering Group Inc. 1
Johnson Engineering, Inc. 2
Stantec Consulting Services Inc. 3
Capital Consulting Solutions LLC 4
AIM Engineering & Surveying, Inc. 5
Atkins North America, Inc. 6
Cardno, Inc. 7
Rummel, Klepper & Kahl, LLP, d.b.a. RK&K 8
Agnoli, Barber & Brundage, Inc. 9
Kisinger Campo & Associates, Corp., d.b.a. KCA 10
DRMP, Inc. 11
T.Y. Lin International 12
Stanley Consultants, Inc. 13
Tindale-Oliver & Associates, Inc. 14
Hanson Professional Services Inc. 15
GHD Services Inc. 16
CW3 Engineering, Inc. 17
American Structurepoint, Inc. 18
The selection committee determined that twelve (12) firms are sufficient to address the volume of work
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that will arise under this agreement.
In accordance with the CCNA, staff is seeking board direction to begin negotiations with the top twelve
ranked firms: (1) Jacobs Engineering Group Inc., (2) Johnson Engineering, Inc., (3) Stantec Consulting
Services Inc., (4) Capital Consulting Solutions LLC, (5) AIM Engineering & Surveying, Inc., (6) Atkins
North America, Inc., (7) Cardno, Inc., (8) Rummel, Klepper & Kahl, LLP, d.b.a. RK&K, (9) Agnoli,
Barber & Brundage, Inc., (10) Kisinger Campo & Associates, Corp., d.b.a. KCA, (11) DRMP, Inc., and
(12) T.Y. Lin International. Proposed contracts will be brought back for the Board’s consideration at a
subsequent meeting.
FISCAL IMPACT: Funds are available in various department budgets that use these agreements.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
GROWTH MANAGEMENT IMPACT: There is no direct impact on the Growth Management Plan.
RECOMMENDATION: To approve the selection committee’s ranking of Request for Professional
Services No. 18-7432-RB, “Professional Services Library - Road & Bridge Study, Planning and Design
Category,” and authorize staff to begin contract negotiations with the top twelve (12) ranked firms, so that
proposed agreements can be brought back for the Board’s consideration at a subsequent meeting.
Prepared by: Evelyn Colon, Procurement Manager - Acquisitions
ATTACHMENT(S)
1. 18-7432-RB Solicitation (PDF)
2. 18-7432-RB Final Ranking (PDF)
3. FEMA Provisions Assurances 97.036 (PDF)
4. 18-7432-RB NORA (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.9
Doc ID: 11856
Item Summary: Recommendation to approve the selection committee’s ranking of Request for
Professional Services (“RPS”) No. 18-7432-RB, “Professional Services Library - Road & Bridge Study,
Planning and Design Category,” and authorize staff to begin contract negotiations with the top twelve
ranked firms, so that proposed agreements may be brought back for the Board’s consideration at a
subsequent meeting.
Meeting Date: 03/24/2020
Prepared by:
Title: Procurement Specialist – Procurement Services
Name: Evelyn Colon
02/28/2020 2:29 PM
Submitted by:
Title: Manager - Procurement – Procurement Services
Name: Sandra Herrera
02/28/2020 2:29 PM
Approved By:
Review:
Procurement Services Sandra Herrera Additional Reviewer Completed 03/01/2020 1:45 PM
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 03/02/2020 8:55 AM
Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 03/02/2020 4:09 PM
Grants Erica Robinson Level 2 Grants Review Completed 03/03/2020 12:10 PM
Grants Carrie Kurutz Additional Reviewer Completed 03/03/2020 3:34 PM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 03/09/2020 4:44 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 03/12/2020 12:39 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/12/2020 12:44 PM
Office of Management and Budget Laura Wells Additional Reviewer Completed 03/12/2020 3:48 PM
Grants Therese Stanley Additional Reviewer Completed 03/13/2020 1:57 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/17/2020 9:40 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/18/2020 9:50 AM
Board of County Commissioners MaryJo Brock Meeting Pending 03/24/2020 9:00 AM
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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
ROAD & BRIDGE STUDY, PLANNING AND DESIGN
CATEGORY
RPS NO.: 18-7432-RB
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.
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SOLICITATION PUBLIC NOTICE
REQUEST FOR PROFESSIONAL
SERVICES (RPS) NUMBER:
18-7432-RB
PROJECT TITLE: PROFESSIONAL SERVICES LIBRARY: ROAD & BRIDGE STUDY,
PLANNING AND DESIGN CATEGORY
RPS OPENING DAY/DATE/TIME: December 4, 2019 at 3:00 P.M.
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 Growth Management Department (hereinafter, the “Division or Department”), the Collier County Board of
County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Request for Professional Services
(hereinafter, “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
ROAD & BRIDGE STUDY, PLANNING AND DESIGN CATEGORY. Historically, County departments have spent
approximately $3,929,434.75 over the previous 5-year period; however, this may not be indicative of future buying 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 ROAD & BRIDGE STUDY, PLANNING AND DESIGN CATEGORY 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 notice
of the County's intention to extend the Agreement term not less than ten (10) days prior 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 Road and Bridge
Study, Planning and Design field:
• Bridge Development Report
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• Bridge Hydraulic Report
• Preliminary Engineering Analysis and Design (typically up to 30% complete plans)
• Roadway alignment/corridor study (traffic counts, traffic modelling, capacity analysis, level of service analysis)
• Storm water/surface water management system design (pond siting, drainage analysis)
• Cost estimating
• Design Criteria Package preparation (Design Build Projects)
• Noise studies
• Highway Safety Improvement Study (intermodal, road audits, pedestrian safety upgrades)
• Environmental permitting, and mitigation banking
• Workshop
• Grant preparation assistance
DISTRIBUTION OF WORK
Professional Services Library Rotation
1. Work assignments within each service category are awarded on a rotational 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, with the highest scoring firm placed in the first position in the rotation.
3. As each work assignment is identified the next firm in the rotation will be offered the opportunity to negotiate that work
assignment with the County’s Ad ministrative Agent.
4. Should a firm decline a work assignment or be unable to reach a satisfactory 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 will 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.
Professional Services Library - Direct Selection
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 require the completion of a Work Assignment Direct Select Form, which requires the approval of both a
Division Director and the Procurement Services Director. Firms that are directly selected for a work assignment as a
result of this process shall 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 order 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
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.
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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 RPS 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.
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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 ROAD & BRIDGE STUDY, PLANNING AND DESIGN
projects, including the experience the team members proposed on this project have together on the previous projects
presented. Experience with all elements of the project scope as generally described herein will be evaluated, with specific
emphasis on experience addressing the technical, community and project delivery categories. The professional team’s
minimization of change orders will be an important consideration. Preference will be given to ROAD & BRIDGE STUDY,
PLANNING AND DESIGN work done 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
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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
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.
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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 Collier 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
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 decrease quantities to meet the additional or reduced requirements of Collier
County. Collier County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award to one or
more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the best
interest of the County. Collier County reserves its right to reject any sole response.
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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 separate 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 Collier 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. The Certificates of Insurance
must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work
performed on behalf of Collier County. The "Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
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 commencement of the Work until the date of
completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer.
12.9 The Consultant and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-
renewal on the part of the insurance carrier or the Consultant. The Consultant shall also notify the County, in a like manner,
within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverage or limits received by Consultant from its insurer and nothing contained herein shall relieve Consultant of this
requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant
hereunder, Consultant shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy.
12.10 Should at any time the Consultant not maintain the insurance coverage(s) required herein, the County may terminate the
Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Consultant for such
coverage(s) purchased. If Consultant fails to reimburse the County for such costs within thirty (30) days after demand, the
County has the right to offset these costs from any amount due Consultant under this Agreement or any other agreement
between the County and Consultant. The County shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverage(s) purchased or the 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.
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
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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 by 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 following 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 electronically must be
provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is
compatible with the information technology systems of the public agency.
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.
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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 regulations. Consultants and Sub Consultants shall be responsible for the safety of their
employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around
the work site. All firewall penetrations must be protected in order to meet Fire Codes.
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.
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 entity proposing, as well as the team assigned to the County account, is
properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Consultant
to submit the required documentation may be grounds to deem Consultant non-responsive. A Consultant, with an office
within Collier County is also required to have an occupational license.
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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, 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.
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 the 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
entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint
venture submitting as primary may not then act as a sub-consultant to any other firm submitting under the same RPS. If a
legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act
as a sub-consultant to any other firm or firms submitting under the same RPS. All submittals in violation of this requirement
will be deemed non-responsive and rejected from further consideration.
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
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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 transact business
with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36
months following the date of being placed on the convicted Consultant list.
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 Collier 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 coordinated
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 other item
of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics
Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a
specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RPS, and/or quotes; and, c. immediate termination of any
contract held by the individual and/or firm for cause.
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 Invitations 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.
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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 regulations 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 affidavit 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).
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Selection CommitteeScoring SheetRPS #: 18-7432-RBTitle: Professional Services Library - Road & Bridge Study, Planning and Design CategoryName of Firm Trinity Scott Lorraine Lantz Bee Thao John ContiLeandro GoicoecheaTotal Scores Final RankingJacobs Engineering Group Inc.95 94 86 92 95462.00 1Johnson Engineering, Inc.85 95 86 86 92444.00 2Stantec Consulting Services Inc.95 92 84 77 94442.00 3Capital Consulting Solutions LLC90 90 83 84 90437.00 4AIM Engineering & Surveying, Inc.95 85 86 86 78430.00 5Atkins North America, Inc.85 83 87 85 87427.00 6Cardno, Inc.90 84 88 80 83425.00 7Rummel, Klepper & Kahl, LLP (RK&K)85 80 85 84 86420.00 8Agnoli, Barber & Brundage, Inc.75 78 83 88 93417.00 9Kisinger Campo & Associates, Corp. (KCA)85 72 81 85 80403.00 10DRMP, Inc.82 77 83 78 81401.00 11T.Y. Lin International79 81 78 78 85401.00 12Stanley Consultants, Inc.73 76 89 74 80392.00 13Tindale-Oliver & Associates, Inc.87 84 73 70 73387.00 14Hanson Professional Services Inc.77 71 76 79 82385.00 15GHD Services Inc.70 67 80 76 83376.00 16CW3 Engineering, Inc.70 72 69 67 65343.00 17American Structurepoint, Inc.62 68 72 67 74343.00 18Procurement Professional Geoff ThomasPage 1 of 116.E.9.bPacket Pg. 1067Attachment: 18-7432-RB Final Ranking (11856 : Final Ranking 18-7432-RB Professional Services Library -
EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
EXHIBIT I ‐ 1
FEDERAL EMERGENCY MANAGEMENT AGENCY
PUBLIC ASSISTANCE
This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal
Law requires that the Applicant's contracts relating to the project include certain provisions.
Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an
entity that receives a contract (including a purchase order).
Compliance with Federal Law, Regulations and Executive Orders: The Sub-Recipient (County) agrees
to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded
Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws
and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all
claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to
the extent allowed and required by law.
Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all
services under this contract in accordance with the following governing regulations along with any and all
other relevant Federal, State, and local laws, regulations, codes and ordinances:
o 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
o 44 C.F.R. Part 206
o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-
288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities
o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared
on or after April 1, 2017)
Reporting: The contractor will provide any information required to comply with the grantor agency
requirements and regulations pertaining to reporting. It is important that the contractor is aware of the
reporting requirements of the County, as the Federal or State granting agency may require the contractor
to provide certain information, documentation, and other reporting in order to satisfy reporting requirements
to the granting agency.
Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the
Comptroller General of the United States, or any of their authorized representative’s 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. (2) The Contractor agrees to permit
any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions
as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized
representatives’ access to construction or other work sites pertaining to the work being completed under
the contract.
DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions
of flags or likenesses of DHS agency officials without specific FEMA pre- approval.
No Obligation by Federal Government: The Federal Government is not a party to this contract and is not
subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to
any matter resulting from the contract.
Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges
that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the
contractor’s actions pertaining to this contract.
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
EXHIBIT I ‐ 2
Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies
relating to energy efficiency which are contained in the state energy conservation plan issued in compliance
with the Energy Policy and Conservation Act.
Termination: Should the Contractor be found to have failed to perform his services in a manner
satisfactory to the County as per this Agreement, the County may terminate said Agreement 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 County terminates this Agreement,
Contractor’s recovery against the County shall be limited to that portion of the Agreement Amount earned
through the date of termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on portions of the services
not performed.
Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition
of “funding agreement” under 37 CFR §401.2 (a) and the County wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that “funding agreement,” the County must comply
with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any
implementing regulations issued by the awarding agency.
Changes: See Standard Purchase Order Terms and Conditions.
Procurement of Recovered Materials (§200.322) (Over $10,000): (1) In the performance of this contract,
the Contractor shall make maximum use of products containing recovered materials that are EPA
designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for
compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii)
At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive
Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-
program
Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180
and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals
(defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2
C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with
these regulations in any lower tier covered transaction it enters into. (3) This certification is a material
representation of fact relied upon by the County. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the
County, the Federal Government may pursue available remedies, including but not limited to suspension
and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, 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.
Contracting with small and minority businesses, women's business enterprises, and labor surplus
area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b)
Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources;
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
EXHIBIT I ‐ 3
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business
enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the Department
of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed
in paragraphs (1) through (5) of this section.
Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part
60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-1.3
must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4.
During the performance of this contract, the contractor agrees as follows:
I. The contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will
take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion, sex, sexual orientation, gender
identity, or national origin. 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 pay or other forms of compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
II. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the contractor, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
III. The contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish
information.
IV. The contractor will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice to be provided by the
agency contracting officer, advising the labor union or workers' representative of the contractor's
commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
16.E.9.c
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
EXHIBIT I ‐ 4
VI. The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract
or with any of such rules, regulations, or orders, this contract may be canceled, terminated or
suspended in whole or in part and the contractor may be declared ineligible for further Government
contracts in accordance with procedures authorized in Executive Order 11246 of September 24,
1965, and such other sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or
as otherwise provided by law.
VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The contractor will take such action with respect
to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of
enforcing such provisions including sanctions for noncompliance: Provided, however, that in the
event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where
applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5).
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause
set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be
liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of Columbia or a territory, to such District
or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to
each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause
set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal
agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on
account of work performed by the contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages
and liquidated damages as provided in the clause set forth in paragraph (2) of this section.
16.E.9.c
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
EXHIBIT I ‐ 5
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth
in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this
section.”
Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this
contract, all claims, counter-claims, disputes and other matters in question between the local
government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided
by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction.
Clean Air Act and Federal Water Pollution Control Act: (over $150,000) (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. § 7401 et seq. (2) 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 seq. (3) The contractor agrees to report each violation to the County and understands and agrees
that the County will, in turn, report each violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional Office. (4) The
contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole
or in part with Federal assistance provided by FEMA.
Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who
apply or bid for an award of $100,000 or more shall file the required certification. 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
any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient.”
State Provisions
Convicted Vendor and Discriminatory Vendors List Those who have been placed on the convicted
vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit
a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not submit bids 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 a public entity, and may not transact business with any
public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the
convicted vendor list or on the discriminatory vendor list.
Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature,
the judicial branch or any state agency.
Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes,
for the inspector general to have access to any records, data and other information deemed necessary to
carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section
20.055(5), Florida Statutes.
Record Retention - The contractor shall maintain and retain sufficient records demonstrating its
compliance with the terms of the Agreement for a period of at least five (5) years after final payment is
made and shall allow the County, FDEM, or its designee’s access to such records upon request.
16.E.9.c
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
EXHIBIT I ‐ 6
Acknowledgement of Terms, Conditions, and Grant Clauses
Certification
If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract
must be available to the Department for review and approval. The vendor agrees to include in the
subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is
bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the
Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor’s
performance of work under this Agreement, to the extent allowed and required by law. The recipient shall
document in the quarterly report the subcontractor’s progress in performing its work under this agreement.
For each subcontract, the Recipient shall provide a written statement to the Department as to whether the
subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat.
On behalf of my firm, I acknowledge, the grant requirements identified in this document.
Vendor/Contractor Name _____________________________________
Date __________________
Authorized Signature ___________________________________________________________
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
EXHIBIT I ‐ 7
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
and VOLUNTARY EXCLUSION
Contractor Covered Transactions
(1) The prospective subcontractor of the Sub-recipient, Collier County, certifies, by submission of this
document, that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department
or agency.
(2) Where the Sub-recipient’s subcontractor is unable to certify to the above statement, the prospective
contract shall attach an explanation to this form.
CONTRACTOR
___________________________________________________________________
By: ________________________________________________________________
Signature
___________________________________________________________________
Name and Title
___________________________________________________________________
Street Address
___________________________________________________________________
City, State, Zip
___________________________________________________________________
DUNS Number
___________________________________________________________________
Date
Sub-Recipient Name: Collier County Board of County Commissioners
DEM Contract Number: Z0001
FEMA Project Number: 4337DRFLP0000001
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IS THE ACTIVITY OF THIS CONTRACT,
CONSTRUCTION ? Y N
CONSULTATION? Y N
OTHER? Y N
DBE, MBE, WBE
VET, SMB8A
SUBCONTRACTOR OR SUPPLIER
NAME
TYPE OF WORK OR
SPECIALTY
ETHNICITY CODE
(See Below)
SUB/SUPPLIER
DOLLAR AMOUNT
PERCENT OF CONTRACT
DOLLARS
TOTALS:
NOTE:
ETHNICITY CODE
Black American BA
Hispanic American HA
Native American NA
Subcont. Asian American SAA
Asian‐Pacific American APA
Non‐Minority Women NMW
Other: not of any other group listed O
DATE
TELEPHONE NUMBER FAX NUMBER
IS THE PRIME A FLORIDA‐CERTIFIED DISADVANTAGED,
MINORITY OR WOMEN BUSINESS ENTERPRISE
(DBE/MBE/WBE)? OR HAVE A SMALL DISADVANTAGED
BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS
ADMINISTRATION? OR A SERVICE DISABLED VETERAN?
VETERAN? Y N
IS THIS SUBMISSION A REVISION? Y N
SDB 8A? Y N
CONTRACT DOLLAR AMOUNT
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUBMITTER DATE TITLE OF SUBMITTER
WBE? Y N
MBE? Y N
DBE? Y N
This information is used to track and report anticipated DBE or MBE participation in federally‐funded contracts. The anticipated DBE or
MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a
solicitation. If and when awarded a County contract, the prime will be asked to update the information for the grant compliance files.
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT
Status will be verified. Unverifable statuses will require the Vendor/Prime Contractor to either provide a revised statement or provide source
documentation that validates a status. Contractor means an entity that receives a contract.
B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN‐OWNED, SMALL
BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION
A. VENDOR/PRIME CONTRACTOR INFORMATION
PRIME NAME PRIME FEID NUMBER
DEPARTMENT NAME COLLIER CONTRACT # (IFB/RFP or PO/REQ)
IF YES, REVISION NUMBER__________
EMAIL ADDRESS OF PRIME (SUBMITTER)
D. SECTION TO BE COMPLETED BY COLLIER COUNTY
ACCEPTED BY:
GRANT PROGRAM/CONTRACT
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EXHIBIT I
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
EXHIBIT I ‐ 9
LOBBYING CERTIFICATION
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
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 influencing
or attempting to influence 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.
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.
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.
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. § 3801 et
seq., apply to this certification and disclosure, if any.
____________________________________________________
Contractor (Firm Name)
____________________________________________________
Signature of Contractor’s Authorized Official
____________________________________________________
Name and Title of Contractor’s Authorized Official
____________________________________________________
Date
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16.E.9.dPacket Pg. 1077Attachment: 18-7432-RB NORA (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge Category)
16.E.9.dPacket Pg. 1078Attachment: 18-7432-RB NORA (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge Category)