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Agenda 12/13/2016 Item #16F5 16.F.5 12/13/2016 EXECUTIVE SUMMARY Recommendation to approve the resubmittal of the Economic Development Administration(EDA) grant application for the Florida Culinary Accelerator @ Immokalee to increase the amount of the award from $800,000 to $1,000,000 as recommended by the EDA. OBJECTIVE: To receive approval from the Board of County Commissioners("Board")to resubmit an EDA grant application to fund facility improvements for the Florida Culinary Accelerator @ Immokalee (Immokalee Accelerator). CONSIDERATIONS: On May 13, 2014, the Board approved the Collier County Innovation Accelerators Business Plan, which authorized the establishment of two accelerator facilities, one located in urban Collier County and the other in Immokalee. The Florida Culinary Accelerator @ Immokalee will offer emerging businesses an agribusiness-focused culinary food accelerator equipped with commercial kitchen equipment, food product development and testing equipment that will meet all FDA, USDA and state applicable requirements. Interior build-out plans for the facility located at the Immokalee Regional Airport have been completed and construction of interior improvements is about to begin. On May 24, 2016, the Board provided after-the-fact approval of the initial EDA grant application in the amount of $800,000 for purchase of specialized equipment for the Immokalee Accelerator. After submission of the initial application and further discussions with the EDA regarding the Immokalee Accelerator project, the EDA will consider the resubmittal of the grant application in the increased amount of$1,000,000 for facility improvements to the Immokalee Accelerator. If the grant is awarded the EDA will require that the EDA's standard form Covenant of Use, Purpose and Ownership be recorded to restrict the use of the property where the project is located for 20 years. Staff is in the process of coordinating with the Federal Aviation Authority to determine whether such use restriction would be acceptable. FISCAL IMPACT: The maximum grant request permitted is $1,000,000. The total project cost is expected to be approximately $1,300,000. The County will be requesting that a portion of State funding previously awarded to Economic Incubators Inc. in the amount of $2,000,000 be utilized as the local match. The local match will come from Economic Incubators Inc.'s FY2017 State appropriation GROWTH MANAGEMENT IMPACT: This request is consistent with Objective 3 of the Economic Element of the Collier County Growth Management Plan, which states: "Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County's economic base." LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. -JAB RECOMMENDATION: Recommendation to provide approval for the resubmittal of the Economic Development Administration(EDA)grant application for the Florida Culinary Accelerator @ Immokalee in the amount of$1,000,000. Prepared by: Jace Kentner, Interim Director, Office of Business and Economic Development. Attachment: EDA Grant re-submittal package. Packet Pg. 2166. 16.F.5, 12/13/2016 ATTACHMENT(S) 1. Covenant of Use Purpose Ownership (PDF) 2. [Linked] DRAFT Complete Packet EDA Further Consideration REV 5 12.6.16 (PDF) Packet Pg.2167 16.F.5 12/13/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.5 Item Summary: Recommendation to approve the resubmittal of the Economic Development Administration (EDA) grant application for the Florida Culinary Accelerator @ Immokalee to increase the amount of the award from$800,000 to $1,000,000 as recommended by the EDA. Meeting Date: 12/13/2016 Prepared by: Title: Administrative Assistant—Business and Economic Development Name: Jennifer Leslie 12/02/2016 1:19 PM Submitted by: Title: Economic Research Analyst—Business and Economic Development Name: Jace Kentner 12/02/2016 1:19 PM Approved By: Review: Business and Economic Development Jace Kentner Additional Reviewer Completed 12/05/2016 5:03 PM County Attorney's Office Jennifer Belpedio Additional Reviewer Completed 12/06/2016 4:30 PM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 12/06/2016 8:51 AM Grants Therese Stanley Additional Reviewer Completed 12/06/2016 11:31 AM Budget and Management Office Ed Finn Additional Reviewer Completed 12/06/2016 5:34 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 12/07/2016 10:00 AM County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 12/07/2016 1:11 PM Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM Packet Pg. 2168 16F.5.a „ .,� This Instrument Prepared By: David E.Todd Atlanta Regional Counsel U.S. Department of Commence Economic Development Administration 401 W. Peachtree Street, NW Cr Suite 1820 a) Atlanta, Georgia 30308-3510 a, 0 L COVENANT OF USE, PURPOSE AND OWNERSHIP a E This Covenant, dated this day of , 201_is made by with an address co of ("Recipient") for the benefit of the United States Department of Commerce, Economic Development Administration located at 1401 Constitution Avenue, N.W. Washington, D.C. .° 20230 ("EDA") with a Regional Office at 401 W. Peachtree Street, N.W., Suite 1820, Atlanta, c Georgia 30208-3510. a)Q 0 w Recipient makes this Covenant based on the following: o Ili Recipient submitted an application and subsequently was awarded a Financial '_ Assistance Award ("Award") designated as EDA Award No. 04- for financial assistance N under the Public Works and Economic Development Act of 1965, as amended, (42 U.S.C. § u ^e 3121, as amended, et seq.) ("PWEDA"). N ct v N By said Financial Assistance Award, dated , EDA offered the Award of$,_(_) ("Award a Amount") to assist in the financing the ("Project") with the total Project estimated to - L COSI c The Project is situated on the real property described in Exhibit "A" attached hereto and o incorporated herein by this reference. All references in this Covenant to the Project include this a L real property. i as N On , Recipient accepted the Award subject to certain terms and conditions, including the requirements of 13 C.F.R. Part 314, as amended. c ct c The Award provides, inter alia, that Recipient, without EDA's prior written consent, will not sell, > lease, mortgage or otherwise alienate any right to, or interest in, the Project as prescribed in 13 0 C.F.R. Part 314 and 2 C.F.R. Part 200. The Award and said regulations also prohibits Recipient, a without EDA's prior written consent, from using the Project for purposes other than those E specified in the Award and in Recipient's application for the Award ("Authorized Uses".) 0 Q2. If Recipient does desire to sell, leases, mortgage or otherwise alienate any right to or interest in the Project,the Recipient may be required to compensate EDA for the Federal Share ("Federal Share") as set forth in 13 C.F.R Part 314. Packet Pg. 2169 1 6.F.5.a In order to assure that the benefits of EDA's Award will accrue to the public and be used as intended by both EDA and Recipient, Recipient covenants and agrees to the following: 1.) The expected useful life of the Project is twenty (20) years. a 2.) During the Project's expected useful life, the Project shall be used only for the purposes specified in the Award and in the application for said Award. The Project, > including any interest therein, shall not be sold, leased, conveyed, encumbered, abandoned or otherwise transferred without the prior written consent of the United States Department of Commerce's Assistant Secretary of Commerce for Economic Development. 3.) If Recipient uses the Project for a non-Authorized use or sells, leases, conveys, a encumbers, abandons or otherwise transfers any interest in the Project without the prior written consent of said Assistant Secretary, Recipient shall compensate EDA for w the Federal Share. The Federal Share to be compensated to EDA shall be computed ° 173 as set for the in 13 C.F.R. Part 314, as the same may be amended from time to time. ° N 4.) Recipient agrees to keep all taxes on the Project paid in full prior to the taxes becoming a lien on the Property. F^ N 5.) Recipient shall keep the improvements on the real property described in Exhibit "A' y insured for the full replacement value. 0 ° 6.) This Covenant shall run with the land for a period of twenty (20) years from the date 2- of of this Covenant. a U) 7.) Recipient agrees that this Covenant is a reasonable restraint on alienation of the use, control, possession of or title to the Project and the underlying real property. a) 0 0 Recipient has caused this Covenant to be executed as of the above date by Recipient's duly authorized representative. U Packet Pg. 2170 16.F.5.a I RECEIPENT y d E d Attest: ° BY: BY: >, [Name] [Name] ,5 ° It: Its: L Approved: Attorney for Recipient CC STATE OF ° N d COUNTY OF I hereby certify that on this day before me a Notary Public authorized in the State and County aforesaid to take acknowledgments, appeared a. ,who is personally known to me or who has produced as identification, as ° of the , and acknowledged before me that s/he executed the same as such officer in name of and on behalf of O said fl- ° Witness my hand and seal in the County and State last aforesaid this day of a.d , 201_. O Notary Public ° O U My commission expires m CC Packet Pg. 2171 Further Consideration Documentation EDA GRANT APPLICATION FLORIDA CULINARY ACCELERATOR @ IMMOKALEE Lead Applicant: Collier County Co-Applicant: Economic Incubators, Inc. EDA Control # 110155 November 2016 Certificate of Eminent Domain and Attorney Verification on property to be improved Notes Per EDA: We need to provide a letter from Attorney regarding this. Must be provided by both Collier and EII. CERTIFICATE OF EMINENT DOMAIN AND ATTORNBY VERIFICATION The Atlanta Regional Counsel, David Todd, welcomes questions regarding the completion ofthis form David can be reached at 404-730-3006 To be submitted to. comDleted. dated and executed bv attornev first. Economic Development Administration Attn: David Todd 401 West Pcachtrcc Strcct, NV Suite 1820 Atlanta, Georgia 30308-35 I 0 RE: Build out of Culinary Accelerator located at 170 Airpark Boulevard, Immokalee, Florida 34142 (Project) Application by Collier County (Applicant) for a Federal Assistance Award (Award) fiom the Economic Development Administration (EDA) for the project Effective Date: November .2016 Dear Mr. Todd I, the undersigned County Manager on behalfofthe Applicant, referenced above, doe hereby certifr and confirm that: a) The Applicant has not adopted a resolution authorizing condemnation nor does it presently intend to use its power of eminent domain to acquire title to any land comprising the Project except as described below in an Exhibit (ifany): [Choose and mark one] See Exhibit attached No Exhibit attached _x_, and The Applicant agrees to give Economic Development Administration prompt written notification if it is determined that it will use its power of eminent domain to acquire title to any land comprising the Project. b) To the best ofmy knowledge and belief, prior to the Effective Date the Applicant has not exercised its power of eminent domain to acquire title to any land comprising the Project except as described below in an Exhibit (ifany): [Choose and mark one] See exhibit attached . No Exhibit attached X I am authorized on behalfofthe Applicant to make this Certification Page I of 2 Certifi cation by Applicant's OIfi ce (Certifi cation) I, the undersigned attomey licensed to practice law in the State of Florida representing the Applicant described in the Certification above, hereby state and confirm that: a) I have examined title to the land comprising the Project, for such period of time commencing as I deem necessary to give this Attorney Verification through the Effective Date, and based on that examination confirm that the record title reflects no exercise ofthe power of eminent domain in said title except as described below in an Exhibit (ifany): [Choose and mark one] b) I have examined all appropriate records for the Office ofthe Collier County Attomey that serves thejurisdiction over the land comprising the Project and confirm that no civil action is cunently pending to exercise the power of eminent domain in connection with the Project except as described below in an Exhibit (ifany): [Choose and mark one] See Exhibit attached No Exhibit attached c) To the best ofmy knowledge and belief (without independent investigation), the power of eminent domain has not been exercised in connection with the land comprising the Project except as described below in an Exhibit (if any): IChoose and mark one] The parties executing the foregoing Certification and Opinion acknowledge that the EDA will rely on this Certification and Opinion in connection with and for purposes ofdue diligence for the Application of Applicant for an Award. Sincerely, Execution for Certilication Execution for Verification \Cl-R-\- \ County Manager's Office 3299 Tamiami Trail East, Suite 202 Naples, FL 34112-5746 (239\ 252-8383 ryNovember tO ,2016 Office of the Collier County Attomey 3299 Tamiami Trail East, Suite 800 Naples, FL 34112-5749 (239) 2s2-8400 Page 2 of 2 Attorncv Verification See Exhibit attached No Exhibit attached X , _x_, The Office ofthe Collier County Aftorney is the sole public office that would initiate or otherwise have complete control and legal authority over a condemnation proceeding on behalfof Applicant. See Exhibit attached No E\hibit attached X Leo E. Ochs, Jr., County Manager November _, 2016 Revised, executed SF 424 that reflects a federal request of $1,000,000; an applicant amount of $975,000; and a total project of$1,975,000 Notes Per EDA: This was requested prior to the formal letter, however included with this packet also. OMB Number: 4040-0004 Expiration Date: 8/31/2016 * 1. Type of Submission:* 2. Type of Application: * 3. Date Received:4. Applicant Identifier: 5a. Federal Entity Identifier:5b. Federal Award Identifier: 6. Date Received by State:7. State Application Identifier: * a. Legal Name: * b. Employer/Taxpayer Identification Number (EIN/TIN):* c. Organizational DUNS: * Street1: Street2: * City: County/Parish: * State: Province: * Country: * Zip / Postal Code: Department Name:Division Name: Prefix:* First Name: Middle Name: * Last Name: Suffix: Title: Organizational Affiliation: * Telephone Number:Fax Number: * Email: * If Revision, select appropriate letter(s): * Other (Specify): State Use Only: 8. APPLICANT INFORMATION: d. Address: e. Organizational Unit: f. Name and contact information of person to be contacted on matters involving this application: Application for Federal Assistance SF-424 Preapplication Application Changed/Corrected Application New Continuation Revision 05/17/2016 Collier County Board of County Commissioners 596000558 0769977900000 3299 Tamiami Trail East Suite 202 Naples Collier County FL: Florida USA: UNITED STATES 34112-5749 Mr.Jace Kentner Interim Director 239-252-4040 239-252-6718 JaceKentner@colliergov.net * 9. Type of Applicant 1: Select Applicant Type: Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: * Other (specify): * 10. Name of Federal Agency: 11. Catalog of Federal Domestic Assistance Number: CFDA Title: * 12. Funding Opportunity Number: * Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): * 15. Descriptive Title of Applicant's Project: Attach supporting documents as specified in agency instructions. Application for Federal Assistance SF-424 B: County Government Economic Development Administration 11.300 Investments for Public Works and Economic Development Facilities EDAP2016 FY 2016 Economic Development Assistance Programs • Application submission and program requirements for EDA’s Public Works and Economic Adjustment Assistance programs. PW-EAA-C Immokalee Agribusiness Accelerator - Innovation Center - Building Improvements Only View AttachmentsDelete AttachmentsAdd Attachments View AttachmentDelete AttachmentAdd Attachment14_areas_affected.pdf * a. Federal * b. Applicant * c. State * d. Local * e. Other * f. Program Income * g. TOTAL . Prefix:* First Name: Middle Name: * Last Name: Suffix: * Title: *Telephone Number: * Email: Fax Number: * Signature of Authorized Representative:*Date Signed: 18. Estimated Funding ($): 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Application for Federal Assistance SF-424 * a. Applicant Attach an additional list of Program/Project Congressional Districts if needed. * b. Program/Project *a. Start Date:* b. End Date: 16. Congressional Districts Of: 17. Proposed Project: a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372. Yes No ** I AGREE * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? If "Yes", provide explanation and attach 19, 25 25 16a_congressional.pdf Add Attachment Delete Attachment View Attachment 07/30/201708/01/2016 1,000,000.00 975,000.00 0.00 0.00 0.00 0.00 1,975,000.00 05/02/2016 Add Attachment Delete Attachment View Attachment Completed by Grants.gov upon submission.Completed by Grants.gov upon submission. Revised SF 424C and other applicable portions of the application reflecting: • removal of the equipment from the EDA scope of work; • a revised total EDA project budget of $1,975,000; and • movement of $25,000 in the Administration line item to the "Contingency" line item; Notes Per EDA: Revise this to match the PER that was submitted by the Engineer. EDA will fix the grant rate due to the Promise Zone status. OMB Number: 4040-0008 Expiration Date: 01/31/2019 BUDGET INFORMATION - Construction Programs NOTE: Certain Federal assistance programs require additional computations to arrive at the Federal share of project costs eligible for participation. If such is the case, you will be notified. COST CLASSIFICATION a. Total Cost FEDERAL FUNDING b. Costs Not Allowable for Participation c. Total Allowable Costs (Columns a-b) 1. Administrative and legal expenses 2. Land, structures, rights-of-way, appraisals, etc. 3. Relocation expenses and payments 4. Architectural and engineering fees 5. Other architectural and engineering fees 6. Project inspection fees 7. Site work 8. Demolition and removal 9. Construction 10. Equipment 11. Miscellaneous 12. SUBTOTAL (sum of lines 1-11) 14. SUBTOTAL 15. Project (program) income 17. Federal assistance requested, calculate as follows: (Consult Federal agency for Federal percentage share.) Enter the resulting Federal share. 16. TOTAL PROJECT COSTS (subtract #15 from #14) 13. Contingencies Enter eligible costs from line 16c Multiply X $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ % $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ C.1. Region Define the area/region that is the basis for the applicant’s claim of eligibility. EDA will review and evaluate documentation submitted by the applicant to verify and determine eligibility. C.2. Source of data provided for regional eligibility determination Check the box denoting what data source you used to establish eligibility: C.2.a. The most recent ACS data published by the U.S. Census Bureau. C.2.b. The most recent other federal data for the region in which the project is located (e.g., U.S. Census Bureau or the Bureaus of Economic Analysis, Labor Statistics, Indian Affairs, etc.). C.2.c. If no federal data are available, the most recent data available through the state government for the region in which the project is located. C.2.d. Other data to substantiate regional eligibility based on a "Special Need" as defined in 13 C.F.R. § 300.3. Please attach a copy of the documentation used to support your claim of eligibility: C.3. Economic Distress Check all that apply in establishing regional eligibility (see FFO for more details): C.3.A. Unemployment rate C.3.B. Per capita income C.3.C. Special need, including: Substantial out-migration or population loss; Underemployment; that is, employment of workers at less than full-time or at less skilled tasks than their training or abilities permit; Military base closure or realignment, defense contractor reductions-in-force, or U.S. Department of Energy defense-related funding reductions; Natural or other major disasters or emergencies; Extraordinary depletion of natural resources; Closing or restructuring of an industrial firm or loss of other major employer; Negative effects of changing trade patterns; or Other circumstances set forth in the applicable FFO (please explain below). The unincorporated committee of Immokalee is an extremely rural and agricultural county with many economic and social distress factors. Immokalee is located in northern Collier County along Florida State Road 29. LaBelle is 24 miles to the north, and Interstate 75 (Alligator Alley) is 20 miles to the south. In addition, Immokalee has been adversely affected by: 4 federal disaster designations in the past 10 years, 4 brownfield sights, and a "Rural Area of Concern" designation by the Governor. c2 data.pdf Add Attachment Delete Attachment View Attachment see attachment c2_data.pdf Additional of Economic Incubators, Inc. (EII) as co-applicant Application form Standard Form (SF) 424; Certification Regarding Lobbying, CD 51 1; Construction Assurances SF 424D; Additional Construction Assurances ED 900 Environmental Appendix A; Certificate of good standing from the State; Legal opinion that EII is properly organized and has authority to enter into contracts and EDA award; Resolution from EII's Board authorizing submission of application and execution of award Certificate of good standing from the State in which the entity is incorporated; and Copy of the entity's current Articles of incorporation or other formation documents and bylaws; Notes Per EDA: All forms need to match exactly what the County submitted in the original grant request, with the new budget numbers. Application form Standard Form (SF) 424; Notes Per EDA: EII needs to provide duplicate form from the county, sign where the grants.gov statement is. OMB Number: 4040-0004 Expiration Date: 8/31/2016 * 1. Type of Submission:* 2. Type of Application: * 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier:5b. Federal Award Identifier: 6. Date Received by State:7. State Application Identifier: * a. Legal Name: * b. Employer/Taxpayer Identification Number (EIN/TIN):* c. Organizational DUNS: * Street1: Street2: * City: County/Parish: * State: Province: * Country: * Zip / Postal Code: Department Name:Division Name: Prefix:* First Name: Middle Name: * Last Name: Suffix: Title: Organizational Affiliation: * Telephone Number:Fax Number: * Email: * If Revision, select appropriate letter(s): * Other (Specify): State Use Only: 8. APPLICANT INFORMATION: d. Address: e. Organizational Unit: f. Name and contact information of person to be contacted on matters involving this application: Application for Federal Assistance SF-424 Preapplication Application Changed/Corrected Application New Continuation Revision * 9. Type of Applicant 1: Select Applicant Type: Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: * Other (specify): * 10. Name of Federal Agency: 11. Catalog of Federal Domestic Assistance Number: CFDA Title: * 12. Funding Opportunity Number: * Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): * 15. Descriptive Title of Applicant's Project: Attach supporting documents as specified in agency instructions. Application for Federal Assistance SF-424 Certification Regarding Lobbying, CD 511; Notes Per EDA: EII needs to provide duplicate form from the county, sign where the grants.gov statement is. Construction Assurances SF 424D; Notes Per EDA: EII needs to provide duplicate form from the county, sign where the grants.gov statement is. OMB Number: 4040-0009 Expiration Date: 01/31/2019 ASSURANCES - CONSTRUCTION PROGRAMS PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant:, I certify that the applicant: NOTE: 1.Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of project described in this application. 2.Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3.Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure non- discrimination during the useful life of the project. 4.Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5.Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 6.Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7.Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8.Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9.Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 10.Will comply with all Federal statutes relating to non- discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the application. Previous Edition Usable Authorized for Local Reproduction Standard Form 424D (Rev. 7-97) Prescribed by OMB Circular A-102 Additional Construction Assurances ED 900 Notes Per EDA: EII needs to provide duplicate form from the county, sign where the grants.gov statement is. Environmental Appendix A; Notes Per EDA: Go here for a copy Environmental Narrative & Applicant Certification Clause (DOCX) Have the co-applicant sign the Appx A (or called Applicant Certification Clause. Certificate of good standing from the State; Notes Per EDA: From Attorney Home Contact Us E-Filing Services Document Searches Forms Help Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Detail by Entity Name Florida Not For Profit Corporation ECONOMIC INCUBATORS, INC. Filing Information N14000008463 47-1997241 09/11/2014 FL ACTIVE AMENDED AND RESTATED ARTICLES 01/23/2015 NONE Principal Address 3530 Kraft Road SUITE 201 Naples, FL 34105 Changed: 08/23/2015 Mailing Address 3530 Kraft Road SUITE 201 Naples, FL 34105 Changed: 08/23/2015 Registered Agent Name & Address GREGORY L. URBANCIC, ESQ. 4001 TAMIAMI TRAIL N. SUITE 300 NAPLES, FL 34103 Officer/Director Detail Name & Address Title President, Director Von Arx, Dolph 3530 Kraft Road SUITE 201 Naples, FL 34105 Title VP, Director Pezeshkan, Fred 3530 Kraft Road SUITE 201 Naples, FL 34105 Title Secretary, Director Grant, Richard 3530 Kraft Road SUITE 201 Naples, FL 34105 Title Treasurer, Director Goodlette, J. Dudley 3530 Kraft Road SUITE 201 Naples, FL 34105 Title Director Garnier, JP 3530 Kraft Road SUITE 201 Naples, FL 34105 Title Director Ahearn, George 3530 Kraft Road SUITE 201 Naples, FL 34105 Title Director Wheeler, Stephen 3530 Kraft Road SUITE 201 Naples, FL 34105 Title Director Trania, Louis 3530 Kraft Road SUITE 201 Naples, FL 34105 Title Director Rambosk, Carolyn 3530 Kraft Road SUITE 201 Naples, FL 34105 Title Director Paterno, Joe 3530 Kraft Road SUITE 201 Naples, FL 34105 Annual Reports Report Year Filed Date 2015 02/27/2015 2015 08/23/2015 2016 03/24/2016 Document Images 03/24/2016 -- ANNUAL REPORT View image in PDF format 08/23/2015 -- AMENDED ANNUAL REPORT View image in PDF format 02/27/2015 -- ANNUAL REPORT View image in PDF format 01/23/2015 -- Amended and Restated Articles View image in PDF format 09/11/2014 -- Domestic Non-Profit View image in PDF format Copyright © and Privacy Policies State of Florida, Department of State Legal opinion that EII is properly organized and has authority to enter into contracts and EDA award; Notes Per EDA: From Attorney P. Christopher Wegner Managing Attorney Wegner Law PLLC 3510 Kraft Road Suite 200 Naples, FL 34105 P: +1.239.449.9200 F: +1.239.785.3990 C: +1.239.571.2721 cwegner@wegnerlawfirm.com wegnerlawfirm.com 17d r. 1.1 VIA EMAIL November 4, 2016 Re: Economic Incubators, Inc. To whom it may concern: My law firm represents Economic Incubators, Inc. (“Economic Incubators”), and I am writing this letter to provide my opinion regarding the items addressed below. Specifically, I am of the opinion, that: 1. Economic Incubators is a Florida not-for profit corporation duly incorporated pursuant Chapter 617 of the Florida Statutes, and currently in good standing with the Florida Department of State, Division of Corporations; 2. Economic Incubators, has a principal place of business located at: 3510 Kraft Road Suite 200 Naples, FL 34105 3. As a Florida, not for profit corporation, Economic Incubators, through its officers, has the authority and ability to enter into agreements, including agreements with the Economic Development Administration; and In re: Economic Incubators, Inc. November 4, 2016 Page 2 of 2 17d r. 1.1 4. Finally, after have entered into such agreement, Economic Incubators has the authority to receive any consideration and will therefore, be bound by the terms and conditions therein. In making the representations in this letter, I have relied upon, among with other items, the proof of good standing in the State of Florida, the First Amended and Restated Articles of Incorporation of Economic Incubators, Inc., and Economic Incubators, Inc., bylaws, all of which follow. If you should have any questions or concerns regarding this letter or any of the representation made herein, please call or email me at the phone numbers or email address above. Sincerely, P. Christopher Wegner Licensed to practice in the State of Florida Resolution from EII's Board authorizing submission of application and execution of award Notes Per EDA: Required from Board Certificate of good standing from the State in which the entity is incorporated; and Notes Per EDA: From Attorney Home Contact Us E-Filing Services Document Searches Forms Help Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Detail by Entity Name Florida Not For Profit Corporation ECONOMIC INCUBATORS, INC. Filing Information N14000008463 47-1997241 09/11/2014 FL ACTIVE AMENDED AND RESTATED ARTICLES 01/23/2015 NONE Principal Address 3530 Kraft Road SUITE 201 Naples, FL 34105 Changed: 08/23/2015 Mailing Address 3530 Kraft Road SUITE 201 Naples, FL 34105 Changed: 08/23/2015 Registered Agent Name & Address GREGORY L. URBANCIC, ESQ. 4001 TAMIAMI TRAIL N. SUITE 300 NAPLES, FL 34103 Officer/Director Detail Name & Address Title President, Director Von Arx, Dolph 3530 Kraft Road SUITE 201 Naples, FL 34105 Title VP, Director Pezeshkan, Fred 3530 Kraft Road SUITE 201 Naples, FL 34105 Title Secretary, Director Grant, Richard 3530 Kraft Road SUITE 201 Naples, FL 34105 Title Treasurer, Director Goodlette, J. Dudley 3530 Kraft Road SUITE 201 Naples, FL 34105 Title Director Garnier, JP 3530 Kraft Road SUITE 201 Naples, FL 34105 Title Director Ahearn, George 3530 Kraft Road SUITE 201 Naples, FL 34105 Title Director Wheeler, Stephen 3530 Kraft Road SUITE 201 Naples, FL 34105 Title Director Trania, Louis 3530 Kraft Road SUITE 201 Naples, FL 34105 Title Director Rambosk, Carolyn 3530 Kraft Road SUITE 201 Naples, FL 34105 Title Director Paterno, Joe 3530 Kraft Road SUITE 201 Naples, FL 34105 Annual Reports Report Year Filed Date 2015 02/27/2015 2015 08/23/2015 2016 03/24/2016 Document Images 03/24/2016 -- ANNUAL REPORT View image in PDF format 08/23/2015 -- AMENDED ANNUAL REPORT View image in PDF format 02/27/2015 -- ANNUAL REPORT View image in PDF format 01/23/2015 -- Amended and Restated Articles View image in PDF format 09/11/2014 -- Domestic Non-Profit View image in PDF format Copyright © and Privacy Policies State of Florida, Department of State Copy of the entity's current Articles of incorporation or other formation documents and bylaws; Notes Per EDA: From Attorney and EII BYLAWS OF ECONOMIC INCUBATORS, INC. PAGE 1 OF 9 BYLAWS OF ECONOMIC INCUBATORS, INC. (A FLORIDA NOT-FOR-PROFIT CORPORATION) ARTICLE I INTRODUCTION 1.1 Adoption of Bylaws. These Bylaws (“Bylaws”) were adopted by the Board of Directors of Economic Incubators, Inc. (the “Corporation”) on January 14, 2015. 1.2 Purposes. This Corporation shall have the purposes stated in its Articles of Incorporation, as they now exist or are later amended and/or restated. ARTICLE II OFFICES 2.1 Principal Office. The principal office of the Corporation shall be located at 9530 Marketplace Road, Suite 104, Fort Myers, Florida 33912. 2.2 Location of Registered Office. The location of the present registered office of this Corporation is the is 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103, and the name of the registered agent at such address is Gregory L. Urbancic, Esq. The registered office shall be continuously maintained in the for the duration of this Corporation, except that the Corporation may from time to time change the address of the registered office by duly adopted resolution and filing the appropriate statement with the State of Florida. ARTICLE III NOT-FOR-PROFIT 3.1. No Members. The Corporation shall not have members, and shall not issue membership certificates. 3.2. No Stock. The Corporation shall not issue shares of stock. 3.3. Nonprofit Operations. The Corporation is a Florida not-for-profit corporation. No dividend will be paid, and no part of the income or assets of this Corporation shall be distributed, to its directors or officers. However, the BYLAWS OF ECONOMIC INCUBATORS, INC. PAGE 2 OF 9 Corporation may contract in due course of business with its officers or directors for services rendered to the extent permissible under the Articles of Incorporation, under law and under 26 U.S.C.A. § 501(c)(3) (the “Code”). 3.4. No Loans to Directors or Officers. This Corporation will loan no money to any of its directors or officers. 3.5. No Vested Rights. No director or officer of this Corporation has any vested right, interest, or privilege of, in, or to the rights, property, assets, functions, or affairs of the Corporation. ARTICLE IV BOARD OF DIRECTORS 4.1. Definition of Board of Directors. The Board of Directors is that group of individuals vested with the management of the affairs of this Corporation subject to applicable law, the Articles of Incorporation, and these Bylaws. 4.2. Qualifications of Directors. The qualification for becoming and remaining a director of this Corporation is that the proposed director must be an individual over the age of eighteen (18) years, and must be interested in the furtherance of the purposes of the Corporation. 4.3. Number of Directors. The Board of Directors shall be comprised of no more than nine (9) directors. 4.4. Election. The then-current Board of Directors shall elect directors annually. The directors elected may include some or all of the existing directors. 4.5. Term. The term of each director shall be one year. A director may be re-elected for one or more terms. 4.6. Removal. A director may be removed at any time by the affirmative vote of at least two-thirds (2/3) of all directors, including that director, whenever in their judgment the best interests of the Corporation will be served. 4.7. Ex Officio and Honorary Directors. The Board of Directors may elect one or more ex officio directors and one or more honorary directors, who may attend Board of Directors’ meetings, but who shall not have the right to notice or vote. Each ex officio or honorary director shall serve for such a term as specified on his or her election, but if none is specified then the term shall be one year. The other provisions of these Bylaws relative to vacancies and removal of directors shall be applicable. Unless otherwise specified in these Bylaws, all references to BYLAWS OF ECONOMIC INCUBATORS, INC. PAGE 3 OF 9 “directors” refer to voting directors, and not to ex officio directors nor to honorary directors. 4.8. Resignation; Vacancies. Resignation of a director shall become effective immediately or on the date specified in the resignation, and a vacancy will be deemed to exist as of the effective date. Any vacancy occurring in the Board of Directors, whether by resignation, removal, incapacity, death, or otherwise, shall be filled by majority vote of the remaining directors. The new director elected to fill the vacancy shall serve for the unexpired term of the predecessor in office unless otherwise provided by the Board of Directors. 4.9. Place of Meetings of Directors. Meetings of the Board of Directors shall be held at the place or places within or without the State of Florida that the executive committee, or in the absence of the determination of the executive committee the president, determines from time to time. To the extent required by law, the Corporation shall comply with applicable laws relating to open meetings. 4.10. Regular Meetings of Directors. Regular meetings of the Board of Directors shall be held at the times and places that are specified by the Board of Directors or the president from time to time. Written notice stating the date, time and place of each annual meeting shall be delivered to each director not less than seven (7) days before the date of the meeting, either personally or by first class mail, by Federal Express, by Express Mail, by facsimile, or by email, by or at the direction of the president or the secretary. 4.11. Annual Meetings of Directors. One meeting each year shall be designated the annual meeting of the Board of Directors at which officers shall be elected. Written notice stating the date, time and place of each annual meeting shall be delivered to each director not less than ten (10) days before the date of the meeting, either personally or by first class mail, by Federal Express, by Express Mail, by facsimile, or by email, by or at the direction of the president or the secretary. If mailed, the notice will be deemed to be delivered when deposited in the United States mail addressed to the director at his or her address as it appears on the records of this Corporation, with postage prepaid. The notice need not state the business to be transacted at, nor the purpose of, the meeting. 4.12. Call of Special Meetings of Directors. A special meeting of the Board of Directors may be called by any one of the following: the president; the executive committee; or a majority of the directors. 4.13. Notice of Special Meetings of Directors. Written notice stating the date, time and place of any special meeting of the Board of Directors shall be delivered to each director not less than two (2) days before the date of the meeting, either personally or by first class mail, by Federal Express, by Express Mail, by facsimile, or by email, by or at the direction of the president, or the secretary, or the persons calling the meeting. If mailed, the notice shall be deemed to be delivered when deposited in the United States mail addressed to the director at his or her address as it appears on the records of this Corporation, with postage prepaid. The notice need not state the business to be transacted at, nor the purpose of, the meeting unless otherwise required by the Articles of Incorporation or these Bylaws. BYLAWS OF ECONOMIC INCUBATORS, INC. PAGE 4 OF 9 4.14. Waiver of Notice of Meeting of Directors. Notice of the date, time, place, and purposes of any meeting of directors may be waived in writing, either before or after the holding of the meeting, by any director. The written waiver must be filed with or entered on the records of the meeting. The attendance of any director at any such meeting without protesting, prior to or at the commencement of the meeting, the lack of proper notice shall be deemed to be a waiver by him or her of notice of the meeting. 4.15. Quorum of Directors. A majority of the Board of Directors then serving shall constitute a quorum. The act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the Board of Directors unless a greater number is required by law, by the provisions of the Articles of Incorporation, or by these Bylaws. 4.16. Directors’ Meetings by Communications Equipment. Meetings of the directors may be held through any means of communications by which all directors participating simultaneously can hear and communicate with each other during the meeting. A director participating in a meeting by this means is deemed to be present in person at the meeting. 4.17. Action by Directors Without a Meeting. Action required or permitted to be taken at a Board of Directors’ meeting may be taken without a meeting if the action is taken by all of the directors. The action must be evidenced by one or more written consents describing the action taken, and signed by each director. Any such written consent shall be filed with or entered on the records of the Corporation. A consent signed under this section has the effect of a meeting vote, and may be described as such in any document. Action taken under this section is effective when the last director signs the consent, unless the consent specifies a different effective date. 4.18. Ratification. Any director not present at a meeting may ratify the validity and actions that took place in that meeting by signing a written document indicating ratification. The ratification shall be deemed to be an affirmative vote for every action taken in the meeting, unless otherwise specified in the writing. The ratification shall also be deemed to constitute personal presence at the meeting. 4.19. Compensation. No compensation shall be paid by the Corporation to the directors for their services as directors of the Corporation. No director shall be prevented from receiving compensation for other services to the Corporation simply because he or she is a director of the Corporation. BYLAWS OF ECONOMIC INCUBATORS, INC. PAGE 5 OF 9 ARTICLE V OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES AND VOLUNTEERS 5.1. Roster of Officers. The officers of this Corporation shall consist of the following: president; vice president; secretary; treasurer. In addition, the Board of Directors may elect the additional vice presidents and assistant officers as they, from time to time, elect by resolution. 5.2. Election of Officers. Each of the officers of this Corporation shall be elected annually by the Board of Directors from among those individuals who are also directors of the Corporation. Each officer shall remain in office until a successor, if any, to the office has been elected and qualified. The election shall take place at the annual meeting of the Board of Directors. 5.3. Multiple Officeholders. In any election of officers, the Board of Directors may elect and appoint a single person to any two or more offices simultaneously. 5.4. President. The president shall be the chief executive officer of this Corporation and shall, subject to the control of the executive committee and Board of Directors, supervise and control the affairs of the Corporation. The president shall perform all duties incident to his or her office, and any other duties as may be provided in these Bylaws, or as may be prescribed from time to time by the executive committee or Board of Directors. The president, or in his or her absence the vice president, or in his or her absence the secretary, or in his or her absence the treasurer, shall preside at all meetings of the directors and executive committee of the Corporation. 5.5. Vice President. The vice president shall perform all duties and exercise all powers of the president when the president is unable to act. The vice president shall perform any other duties as may be prescribed from time to time by the executive committee or the Board of Directors. 5.6. Secretary. The secretary shall keep minutes of all meetings of the Board of Directors and the executive committee, shall be the custodian of the corporate records, shall give all notices as are required by law or by these Bylaws, and, generally, shall perform all duties incident to the office of secretary and any other duties as may be required by law, by the Articles of Incorporation, or by these Bylaws, or which may be assigned from time to time by the executive committee or Board of Directors. 5.7. Treasurer. The treasurer shall have charge and custody of all funds of this Corporation, shall deposit the funds as required by the Board of Directors or executive committee, shall keep and maintain adequate and correct accounts of the Corporation’s properties and business transactions, shall render reports and accountings to the directors and to the executive committee, and shall perform in general all duties incident to the office of treasurer, and any other duties as may be required by law, by the Articles of Incorporation, or by these BYLAWS OF ECONOMIC INCUBATORS, INC. PAGE 6 OF 9 Bylaws, or which may be assigned, from time to time, by the executive committee or the Board of Directors. 5.8. Vacancies. Resignation of an officer shall become effective immediately, or on the date specified in the resignation, and a vacancy shall be deemed to exist as of the effective date. Any vacancy, whether by resignation, removal, incapacity, death, or otherwise, shall be filled by majority vote of the Board of Directors. The new officer elected to fill the vacancy shall serve for the unexpired term of the predecessor in office. 5.9. Removal of Officers. Any officer elected or appointed to office may be removed by an affirmative vote of at least two-thirds (2/3) of all directors whenever, in their judgment, the best interests of the Corporation will be served. 5.10. Bonds. If required by resolution of the Board of Directors, an officer shall give a bond for the faithful discharge of the duties of the office held by the officer, and in the sum, and with the surety, that the executive committee or Board of Directors requires. 5.11. Compensation. No compensation shall be paid by the Corporation to the officers for their services as officers of the Corporation. No officer shall be prevented from receiving compensation for other services to the Corporation simply because he or she is an officer of the Corporation. 5.12. Executive Director. The Board of Directors may appoint an executive director, who may or may not be a director or officer of the Corporation. The executive director shall be an employee of the Corporation, and shall be entitled to any compensation as is approved by the Board of Directors. The position of executive director is not an officer of the Corporation. 5.13. Employees and Volunteers. The executive director, subject to control by the executive committee and the Board of Directors, shall have the power to hire and fire employees of the Corporation, including but not limited to managers, directors, curators, assistants, and all other employees, and shall have the power to arrange for volunteers for the Corporation. The executive director may delegate this power to one or more employees. The executive director may delegate to the Corporation’s employees any other powers as the executive director determines from time to time. The employees shall have any responsibilities with regard to the activities and the operations of the Corporation as may be provided from time to time by the executive director. ARTICLE VI EXECUTIVE COMMITTEE 6.1. Existence. The Board of Directors may, by resolution, establish an executive committee of this Corporation. If BYLAWS OF ECONOMIC INCUBATORS, INC. PAGE 7 OF 9 established, the executive committee shall be formed and operate pursuant to the procedures set forth in this Article. 6.2. Members of Executive Committee. The executive committee shall consist of those directors who are, from time to time, also officers of the Corporation. 6.3. Term of Office. A director shall automatically become a member of the executive committee when he or she becomes an officer of the Corporation. A director shall automatically cease to be a member of the executive committee when he or she ceases to be an officer of the Corporation, whether as a result of resignation, death, incapacity, removal or otherwise. 6.4. Powers of Executive Committee. The executive committee shall have, and may exercise, all powers and authority of the Board of Directors, except the following powers: a. fill vacancies on the Board of Directors or any committee of the Board of Directors; b. adopt, amend or repeal the Bylaws (only the Board of Directors have this power). Without limiting the generality of the above, the executive committee shall have the power to incur indebtedness, make acquisitions, direct action to be taken by the officers, and in all other respects exercise the powers of the Board of Directors at any and all times. 6.5. Meetings of Executive Committee. The executive committee shall meet at the call of any member of that committee. The executive committee may fix its own rules of procedure. A majority of the executive committee shall constitute a quorum, and the affirmative vote of a majority of those present shall constitute the act of the executive committee. 6.6. Minutes of Meetings of Executive Committee. The executive committee shall keep and maintain minutes of its meetings. 6.7. Action by Executive Committee Without a Meeting. Action required or permitted to be taken at an executive committee meeting may be taken without a meeting if the action is taken by all of the executive committee members. The action must be evidenced by one or more written consents describing the action taken, and signed by each executive committee member. Any such written consent shall be filed with or entered on the records of the Corporation. A consent signed under this section has the effect of a meeting vote, and may be described as such in any document. Action taken under this section is effective when the last executive committee member signs the consent, unless the consent specifies a different effective date. BYLAWS OF ECONOMIC INCUBATORS, INC. PAGE 8 OF 9 ARTICLE VII OTHER COMMITTEES 7.1. Appointment of Committees. The Board of Directors or the executive committee may designate and appoint one or more committees, and may delegate to the committees specific and prescribed authority. Committee chairmen shall be appointed by the president of the Corporation. Members of each committee shall be selected by the president or committee chairman. Each committee shall have two or more members who serve at the request of the Board of Directors. However, no committee shall have the authority of the Board of Directors or executive committee in reference to effecting any of the following: a. Filling of vacancies in the Board of Directors or executive committee or other committees. b. Adoption, amendment or repeal of the bylaws c. Adoption, amendment or repeal of any resolution of the Board of Directors or executive committee. d. Action on matters committed by the bylaws or resolution of the Board of Directors or executive committee to another committee. 7.2. Action by Committee Without a Meeting. Action required or permitted to be taken at a committee meeting may be taken without a meeting if the action is taken by all of the committee members. The action must be evidenced by one or more written consents describing the action taken, and signed by each committee member. Any such written consent shall be filed with or entered on the records of the Corporation. A consent signed under this section has the effect of a meeting vote, and may be described as such in any document. Action taken under this section is effective when the last committee member signs the consent, unless the consent specifies a different effective date. ARTICLE VIII OPERATIONS 8.1. Fiscal Year. The Board of Directors shall choose the fiscal year of this Corporation. 8.2. Books and Records. This Corporation shall keep correct and complete books and records of account, and shall also keep and maintain minutes of the proceedings of its Board of Directors, executive committee, and other committees. 8.3. Inspection of Books and Records. All books and records of this Corporation may be inspected by any director or officer, or his or her agent or attorney, for any proper purpose at any reasonable time. Additional Information Requested Collier County and EII Documentation showing which entity will serve as lead applicant and acknowledgement that the lead Notes Per EDA: Letter provided by County as the lead. Letter from EII stating that the county is the lead. Office of the County Manager Leo E. Ochs, Jr. 3299 Tamね mi Tra∥East,Suite 202・ Nales日 onda 34112 5746・ (239)2523383・ FAX:(239)2524010 November 9, 2016 Mr. Philip Paradice, Jr. Regional Director, Atlanta Regional Offrce United States Department of Commerce Economic Development Administration Suite 1820 401 West Peachtree St, N. W Atlanta, Georgia 30308-35 I 0 EDA Control No. I10155 Attn: Mr. Jonathan Corso, Economic Development Representative Dear Mr. Paradice: The Collier County Board ofCounty Commissioners (Board) is pleased to respond to your letter of October 7, 2016 with remaining information requested. Therefore, kindly note the following: o The 'Board' is the lead applicant for the Florida Culinary Accelerator @ Immokalee and has designated its Oflice ofBusiness and Economic Development (OBED) as the contact point responsible for o contract execution; financial accounting and draw down for disbursements o GPRA over a nine year period and trackingjobs and investment data; r The Board has Contracted BSSW Ltd as the Architectural/Engineering Services provider responsible for renovating the Accelerator Facility. This firm has met the County's Procurement procedures (see attached contract with BSSW);o Economic Incubators inc (EIl) has been designated by the Board as the entity responsible for the Operation and maintenance ofthe Facility (see attached Agreement with EII). We look forward to responding to any further questions or concems to expedite the process. Regards, :€. €00.99 Leo E. Ochs. Jr. / / County Manager v Enclosure: l) contract with BSSW 2) Agreement with Ell November 4, 2016 H. Philip Paradice, Jr. Regional Director Economic Development Administration 401 W. Peachtree St., N.W., Suite 1820 Atlanta, Georgia 30308-3510 Dear Mr. Paradice: The Economic Incubator, Inc. (EII) a non-profit, public-private partnership with Collier County Board of County Commissioners is excited to support the efforts to develop the Florida Culinary Accelerator located in Immokalee, Florida. Please accept this letter with the understanding from the co-applicant that Collier County will serve as the lead applicant and and will be responsible for contract execution, financial accounting, and draw down of EDA disbursements. Sincerely, Dr. Marshall Goodman Executive Director Economic Incubator, Inc. Confirmation of SAM registration and/or renewal (if applicable) for all applicants Notes Per EDA: Make sure registration is up-to-date. If expiration is near, renew. SAM Search Results List of records matching your search for : Record Status: Active DUNS Number: 076997790 Functional Area: Entity Management, Performance Information ENTITY Collier, County Of Status:Active DUNS: 076997790 +4:CAGE Code: 3JFC7 DoDAAC: Expiration Date: Nov 29, 2017 Has Active Exclusion?: No Delinquent Federal Debt?: No Address: 3299 Tamiami Trl E Ste 700 City: Naples State/Province: FLORIDA ZIP Code: 34112-5749 Country: UNITED STATES December 01, 2016 10:48 AM Page 1 of 1 Explanation of the engineering fees; Notes Per EDA: The engineer needs to provide this. Typically feeds are no more than 10%, fees proposed were high. ——— #AA-C001836 ——————————————————————————————————————————————— FORT MYERS NAPLES 1500 JACKSON ST .#200 FORT MYERS, FL 33901 949 CENTRAL AVENUE NAPLES, FL 34102 PH: 239.278.3838 FX: 239.275.5356 PH: 239.643.3103 I N N O V A T I O N A N D P E R F O R M A N C E I N A R C H I T E C T U R E - P L A N N I N G - I N T E R I O R D E S I G N SUMMARY OF ARCHITECTURAL, EENGINEERING AND SPECIALTY CONSULTANT SERVICES FOR THE CULINARY INCUBATOR AT THE IMMOKALEE AIRPORT Immokalee, Florida August 22, 2016 A. Scope of Project Planning and design for an approximately 5200 square foot Food Service, Production and Assembly space for culinary related businesses in the form of an incubator facility that would provide shared office space in an FDA approved and state licensed facility. The space would include a commercial kitchen with state‐of‐the art equipment divided into different work stations with adjoining flexible office space that allows for shared and co‐working environments. B. Scope of Architectural Services Phase I – Conceptual Design and Programming Preparation of the Program and conceptual design documents for the Culinary Arts and Services Incubator Support Facility. Phase I Deliverables: · As Built drawings and MEP survey of existing space · Design Alternatives with detailed cost estimates for each · Final Conceptual Design acceptable to Collier County Phase II - Design Provide design documents of the Incubator facility with all improvements and modifications based upon the approved conceptual design and within the monetary budget for the project. The project will require all necessary Federal, State and Local permits. Completed facility will be FDA approved and state licensed. Submittals will include 30%, 60% and 90% design drawings with an updated, detailed cost estimate at each submittal. Final construction bid plans and specifications for the complete facility, all necessary site modifications and associated amenities shall be delivered within the required schedule dates stipulated in the Grant Documents. Phase II Deliverables · Detailed, complete list and specifications for all required kitchen, refrigeration, and associated equipment sufficient for the County to initiate the direct purchase of said equipment · Final Construction drawings and documents for permit SUMMARY OF ARCHITECTURAL, ENGINEERING AND SPECIALTY CONSULTANS FOR THE CULINARY INCUBATOR AT THE IMMOKALEE AIRPORT Naples, Florida August 22, 2016 Page ‐2‐ Phase III – Permitting Apply for, on behalf of the Owner, and cause to obtain all necessary State, Local and Federal permits by submitting construction plans, calculations, and any other materials required by the permitting agencies. Design of all modifications and additions to the existing building will be in compliance with applicable Codes and Standards, the Collier County Vertical Standards, Florida Building Code, including FBC Plumbing, and NEC, and the ADA – Americans with Disabilities Act. Phase III Deliverables · Apply for Permits · All Permits, Building Permit and SDP · Final Set of Permitted Construction Contract Drawings for Bidding Phase IIII – Bidding and Bid Evaluation Bid Phase Services · Post Design services to include bidding, shop drawing review, RFI’s, project closeout documents, as‐built drawing in CAD and PDF format, and all final certifications. · Prepare Base Bid and Alternate Bid Schedule · Attend Pre‐bid Meeting · Respond to Online Q&A in a timely manner · Prepare Addenda · Review Bids and Alternates · Recommendation for Award Phase IIII Deliverables · Base Bid form with Alternates Phase V - Construction Contract Administration · Attend Preconstruction Meeting · Review Contractors Construction Schedule · Review Contractors Schedule of Values · Prepare Submittal and Shop Drawing Schedule · Review and Approve Contractors Submittal and Shop Drawings · Review and Approve Contractors Monthly Payment Applications · Review Proposed Change Orders · Respond to Contractors Requests for Information · Review Contractors Closeout Documents · Update Record Plans with Contractors Revisions – in AutoCAD format and supply to Owner · Onsite A/E Construction Administration Services · Observe Work Progress and Prepare Field Reports (twice monthly) · Attend OAC Meetings onsite twice monthly · Substantial Completion Meeting and Punch List Preparation and Review · Final Completion Meeting and Punch List review SUMMARY OF ARCHITECTURAL, ENGINEERING AND SPECIALTY CONSULTANS FOR THE CULINARY INCUBATOR AT THE IMMOKALEE AIRPORT Naples, Florida August 22, 2016 Page ‐3‐ · Final Certifications or closeout documents for all agencies and permits to include but not limited to SFWMD, ACOE, FDEP, SDPA, and Collier County Building and Development Services Phase V Deliverables · FDA and Florida Health Department Certificates · As‐Built Drawings in AutoCAD and PDF format · Final Permit Certifications C. Services Included: · Architectural, design and construction/permit documents · Culinary food service design and specifications · FDA – USDA consulting · Structural engineering · Building mechanical, electrical, plumbing engineering · Site and Civil engineering design ‐ locating grease trap and propane service tank and new dumpster enclosure D. Services Excluded: · Zoning and/or land use approvals · Permit review fees and or application fees · Design of security and communications systems or other specialty systems · Landscape design or modifications E. Professional Fees 1. Summary of Fees for Architectural and Engineering Services: · Phase I‐ Conceptual Design‐Programming $ 23,000.00 · Phase II ‐ Design 146,000.00 · Phase III ‐ Permitting 22,000.00 · Phase IIII ‐ Bidding and Bid Evaluation 18,000.00 · Phase V ‐ Construction Contract Administration 25,000.00 · Total fee for services outlined $ 234,000.00 BSSW ARCHITECTS, INC. Daniel A. Summers, AIA President Estimated useful life of the proposed improvements Notes Per EDA: Engineer should provide this statement. ——— #AA-C001836 ——————————————————————————————————————————————— FORT MYERS NAPLES 1500 JACKSON ST .#200 FORT MYERS, FL 33901 949 CENTRAL AVENUE NAPLES, FL 34102 PH: 239.278.3838 FX: 239.275.5356 PH: 239.643.3103 I N N O V A T I O N A N D P E R F O R M A N C E I N A R C H I T E C T U R E - P L A N N I N G - I N T E R I O R D E S I G N CULINARY INCUBATOR AT THE IMMOKALEE AIRPORT Immokalee, Florida October 26, 2016 Opinion of useful life of project components: Building and building improvements: The useful life of the improvements should not be less than 30 years with routine maintenance program established for the building and building systems. Food service equipment: The useful life of food service equipment varies widely, but in general most equipment will provide intended service 10 to 20 years with proper maintenance. Additionally, much of the equipment can be refurbished as it ages for longer service life. BSSW ARCHITECTS, INC. Daniel A. Summers, AIA President If the Architect/Engineering firm has already been selected, provide copies of documents supporting Notes Per EDA: County can provide information about when BSSW was hired previously to create the plans. EII hired them based on the plans go with the Architect/Engineer RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 1 REQUEST FOR PROPOSAL In accordance with Florida Statute 287.055, Consultants’ Competitive Negotiation Act Date: 10/28/13 From: Joanne Markiewicz, Interim Purchasing Director joannemarkiewicz@colliergov.net, Email Address 239/252-8975, Telephone Address 239/252-6480, FAX Number To: Interested Proposers Subject: Request for Proposal 13-6164 Professional Services: Architect and Engineering The Board of County Commissioners is seeking additional qualified firms capable of providing specific engineering categories. Please refer to the Public Notice contained in the enclosed RFP package for the time and the due date for proposal and qualification submission. All proposals must be forwarded to the County Purchasing Director’s Office, Purchasing Building, Collier County Government Center, 3327 Tamiami Trail East, Naples, Florida 34112. The services shall include, but may not be limited to the “Scope of Services” as described in the attachment. If you have any immediate questions regarding the scope of services or intended work, you may document the question on the Collier County Online Bidding System. All questions will be responded through this system. We look forward to your participation in this RFP process. . RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 2 Table of Contents LEGAL NOTICE ................................................................................................................................................ 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ............................................. 4 TAB 4: REFERENCE QUESTIONNAIRE........................................................................................................ 15 EXHIBIT II: GENERAL RFP INSTRUCTIONS ................................................................................................ 17 EXHIBIT III: ADDITIONAL TERMS AND CONDITIONS FOR RFP ................................................................. 21 ATTACHMENT 1: DECLARATION AND QUALIFICATION FORM ................................................................ 28 ATTACHMENT 2: CONFLICT OF INTEREST AFFIDAVIT ............................................................................. 30 ATTACHMENT 3: IMMIGRATION AFFIDAVIT CERTIFICATION ................................................................... 31 ATTACHMENT 4: CONSULTANT SUBSTITUTE W – 9 ................................................................................. 32 ATTACHMENT 5: INSURANCE AND BONDING REQUIREMENTS .............................................................. 33 RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 3 Legal Notice Pursuant to approval by the County Manager, Sealed Proposals to provide architectural and engineering services will be received until 12PM, Naples local time, on 11/21/13 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. . CCNA Solicitation 13-6164 Professional Services: Architect and Engineering Services to be provided may include, but not be limited to the following: architectural and engineering service specialty services to repair, maintain and/or build new capital-related projects are included in the description below. A pre-proposal conference is not applicable for this solicitation. All statements should be made upon the official proposal form which must be obtained only on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Interim Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County Government Center on 10/28/2013. RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 4 Exhibit I: Scope of Work, Specifications and Response Format Collier County is soliciting the most qualified Architectural and Engineering firm(s) to provide architectural and engineering services for various projects. These services will supplement an array of professional in-house staff. It is the intent of the County to have multiple firms under the various architectural and engineering disciplines in order to provide specialized services and expertise as required. The services provided as a result of these contracts will be available to all County departments and may include additional architectural and engineering services as required by the County. Historically, County departments have encumbered more than $32.4 million over the various engineering and architectural disciplines and projects in approximately three (3) years as a result of contracts 09-5262, 09- 5262S and 09-5305 for non-grant funded projects. Background Collier County is located in Southwest Florida. Naples, the seat of Collier County, is about thirty (30) miles south of Fort Myers and the Southwest Florida International Airport (RSW). The full time population of Collier County is about three hundred twenty thousand (320,000) although a seasonal peak of about four hundred fifty thousand (450,000) occurs between January and April. The structure of the Collier County Government is based on the standard constitutional form of county governments in Florida. The County Government is composed of six (6) agencies, each headed by an elected official or board of elected officials. For purposes of this RFP, the Board of County Commissioners (BCC) is the agency seeking proposals for engineering services. The BCC Agency has a number of divisions who have oversight responsibility for the management, operations and capital project development including: • Growth Management Division: builds and maintains roadways, right of ways and storm water systems and plans, zones and re-zones, permits, inspects buildings, enforces code and manages coastal, environmental services and airports; • Public Utilities Division: designs, builds and maintains potable water and re-use (irrigation quality) water and wastewater systems; operates landfill and recycling operations; • Public Services Division: operates parks and recreation system, libraries, and social services; • Administrative Services Division: provides internal services such as Facilities Management, Fleet Services, Human Resources, Information Technology, Purchasing, Risk Management, and the Bureau of Emergency Services (County fire and EMS); and • Office of the County Manager: oversees and directs Office of Management and Budget and liaison to the Board of County Commissioners and the County Attorney offices. Division Required Services The County divisions who may have need for specific architectural and engineering service specialty requirements and expertise to repair, maintain and/or build new capital-related projects are included in the description below. Public Utilities: builds and maintains potable water and re-use water, wastewater and irrigation quality (IC) systems; operates landfill and recycling operations, and requires engineering services and/or project management services for: RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 5 • Wellfields; • Major water pumping and distribution systems; • Wastewater pumping and collection systems; • Irrigation quality (IQ) pumping and distribution systems; • Water and wastewater treatment facilities; • Pollution testing and control; and • County Solid Waste facilities (including, but not limited to, those related to landfill design, landfill gas management, recyclables processing, areas for storage of various solid waste materials, and other solid waste related facilities). Growth Management Services: builds and maintains roadways, right of ways and storm water systems, and requires engineering and project management services for: • Bridges (Replacement, Rehabilitation and Repair); • Roadways; • Right of ways (acquisition and permitting); • Sidewalk design; • Traffic control systems; • Structural review and design; • Subsurface utility exploration; • Noise studies; • Surveying; • Geotechnical investigation; • Roadway design and permitting; • Construction engineering and inspection (CEI); • Land and road planning; • Traffic and ITS; • Planning with FDOT District 1 Certification; • Modeling with FDOT District 1 Certification; • Transit planning; • Transportation impact fee planning; • Stormwater/surface water management system design; • Geographic Information System (GIS) database control; • Natural resource; • Beach re-nourishment and coastal zone management (including construction of boat ramps and docks); • Environmental permitting, and; • Airport and runway design, replacement and rehabilitation. Administrative Services: provides internal services such as Facilities Management, Fleet Services, Human Resources, Information Technology, Purchasing, and Risk Management, and requires engineering and project management services for projects in disciplines such as: • Vertical construction; • Maintenance and retrofitting of buildings; • Telephone, Internet, cable, security and other wiring; • Environmental permitting; • Emergency management; and • Water and irrigation systems. RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 6 Public Services working in conjunction with other Division Project Managers: oversees coastal boundaries and beaches, parks and recreation system, libraries, and social services, and requires engineering and project management services for: • Maintenance and retrofitting of buildings and water parks; • Maintenance and oversight of beaches; • Park and water-park and water features such as fountain design and engineering; and • Swimming pool engineering. Detailed Scope of Work The County is interested in receiving qualified proposals to support the architectural, survey, permitting, study / planning, design (various stages), value engineering, execution, project management, and construction engineer and inspection (CEI) services for various projects identified by County project managers, and described in Tab 1 below. 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 service assignments shall be at the sole discretion of the County. • For work anticipated to be less than $100,000: the department, at their discretion, may select any firm from the contracted firms, request proposals from all firms on contract in accordance with the current work order distribution procedures, or conduct a separate solicitation. • For work anticipated to be over $100,000 and up to $200,000: the department may, at their discretion, use the firm in the next rotation order, request a waiver of rotation, request proposals from all firms on contract in accordance with current work order distribution procedures or conduct a separate solicitation. This policy is subject to modification by the Board of County Commissioners. Should a modification be made in the current policy, the County reserves the right to modify the selection method. The contracts are classified as fixed-term Countywide Agreements for various and miscellaneous Architectural, Engineering and Project Management services which will be utilized on an as-needed basis. Assignments shall be implemented with Work Orders. Work Order assignments in excess of $200,000. Should any project that is active on a work order extend past the contract termination date, that work order shall be active and extended as necessary until completion of such project Term of Contract The contract term, if an award(s) is intended for one (1) five (5) year term at the sole discretion of the County. Awarded consultants will be expected to sign a Collier County standard contract after hourly consultant rates are negotiated as described under the CCNA statute. 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 RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 7 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. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice 10/28/2013 Last Date for Receipt of Written Questions 11/12/13, 12PM, Naples Local Time Addendum Issued Resulting from Written Questions or Pre- Proposal Conference 11/13/13 Solicitation Deadline Date and Time 11/21/13, 12PM, Naples Local Time Anticipated Evaluation of Submittals December 2013 – January 2014 Anticipated Completion of Contract Negotiations February 2014 Anticipated Board of County Commissioner’s Contract Approval Date February - March 2014 Response Format The Consultant understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Consultant further agrees that if the contract is awarded the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Consultant’s approach and ability to meet the County’s needs, as stated in the RFP. All proposals should be presented as described in the RFP in PDF or Microsoft Word format with Tabs clearly marked. If applicable, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below are to be submitted with each proposal and submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Consultant to include all listed items may result in the rejection of its proposal. 1. Tab 1: Letter of Interest (not to exceed 1 page) along with a copy of Tab 1 (on the next page) identifying the firm’s disciplines. • Provide a one (1) page cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 8 Submission of a signed Proposal is Consultant's certification that the Consultant will accept any awards as a result of this RFP. • Provide a copy of Tab 1 identifying the firm’s engineering disciplines. RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 9 Tab 1 Collier County Architectural and Engineering Disciplines Solicitation 13-6164 Professional Services: Architectural and Engineering (Submit Form with Response) Index Discipline Indicate Discipline Interest with a Checkmark 1. CEI, Project Management, and Value Engineering _____ Interested 2. Civil, Road and Bridge Study, Planning and/or Design _____ Interested 3. Coastal Zone Study, Planning and/or Design _____ Interested 4. Environmental Study, Planning and/or Design _____ Interested 5. Geographic Information System (GIS) _____ Interested 6. Ground Penetrating Radar, Underground Surveying and Locating _____ Interested 7. Instrumentation and Controls (SCADA and Low Voltage) _____ Interested 8. Modeling and Simulation _____ Interested 9. Permitting _____ Interested 10. Solid Waste Study, Planning and/or Design _____ Interested 11. Stormwater Study, Planning and/or Design _____ Interested 12. Surveying and Mapping _____ Interested 13. Testing _____ Interested 14. Traffic Study, Planning and/or Design _____ Interested 15. Public Utilities Facilities, including Water, Wastewater, and Irrigation Study, Planning and/or Design _____ Interested 16. Wellfield Study, Planning and/or Design _____ Interested 17. Architectural Study, Planning and/or Design _____ Interested Signed by: ______________________________________________ Date: _________________ Firm’s Name: ___________________________________________________________________ RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 10 2. Tab 2: Firm’s Credentials and Experience – 40 Points • Provide a “not to exceed” two (2) pages “Firm Credential and Experience” narrative that highlights or enhances the information requested below. • Provide responses to the following seven (7) items below in the format requested so that the Selection Committee members will be provided with the same objective information for each firm for scoring purposes. Firms who do not respond to the items below in this format will be pre-scored zero (0) points; items not completed or left blank will be pre-scored zero (0). 1. Identify the number of years the firm has provided engineering or architectural services to the public sector (under the same name and/or the same principle owners). (number of years) 2. Identify the number of “industry awards and/or recognitions” that the firm has received from peer group (i.e. American Council of Engineering Companies, American Insitute of Architects, National Society of Professional Engineers, etc.) in the past five (5) years (1/1/2008 - 12/31/2012). (number of awards) 3. Identify the number of licensed engineering or architectural professionals who hold offices in engineering professional organization (i.e. American Council of Engineering Companies, National Society of Professional Engineers, etc.). (number of office holders) 4. Identify the firm’s number of “published articles” in professional engineering or architectural journals that the firm has been recognized for in the past five (5) years (1/1/2008 – 12/31/2012) (number of published articles) 5. Identify the number of licensed engineers or architects in the firm who have at least four (4) years of engineering experience. (number of licensed engineers who have 4 years or more experience) 6. Identify the total number of Collier County projects in the past five (5) years (1/1/2008 – 12/31/2012) where the firm has been the lead consultant. • Provide a list of those projects, the year, and the Collier County project manager. (number of “lead” Collier County projects) 7. Identify the total number of Collier County projects in the past five (5) years (1/1/2008 – 12/31/2012) where the firm has been a sub-consultant. • Provide a list of those projects, the year, and the Collier County project manager. (number of “subcontractor” Collier County projects) TOTAL (Add items #’s 1 – 7, and place the total in the adjacent field) (TOTAL) RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 11 Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Consultant’s information provided in this area: • The County will total all responses to items (1 – 7) above; and rank from the highest number of points to lowest number of points. Responses not identified on one of the items above in the format requested will receive a score of zero (0)). • The greatest number of points allowed in this criterion will be awarded to the Consultant who has the highest score. • The next highest Consultant’s number of points will be divided by the highest Consultant’s points which will then be multiplied by criteria points to determine the Consultant’s points awarded. Each subsequent Consultant’s point score will be calculated in the same manner. • Points awarded will be extended to a whole number (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Consultant Name Consultant Total Reference Score Points Awarded Consultant ABC 445 40 Consultant DEF 435 39 Consultant GHI 425 38 Consultant JKL 385 35 Consultant MNO 385 35 Consultant PQR 250 22 The points awarded by Consultant will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Consultant’s proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Consultant. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 3. Tab 3, Discipline Experience – 30 Points SUBMIT FORM LABELED “TAB 3” ATTACHED BELOW FOR EACH OF THE DISCIPLINES SELECTED ABOVE. By discipline and by project, the County will pre-score each firm by the responses for each of the three projects below for a possible combined total of thirty (30) points within this section: • Professional had no significant quality control process in place (1 point) • Professional proactively identified EOM’s to customer (5 points) • Professional proactively identified EOM’s and provided solutions (10 points) Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Consultant’s information provided in this area: • The County will total all responses to Tab 3 above; and rank from the highest number of points to lowest number of points. Responses not identified on one of the items above in the format requested will receive a score of zero (0)). • The greatest number of points allowed in this criterion will be awarded to the Consultant who has the highest score. RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 12 • The next highest Consultant’s number of points will be divided by the highest Consultant’s points which will then be multiplied by criteria points to determine the Consultant’s points awarded. Each subsequent Consultant’s point score will be calculated in the same manner. • Points awarded will be extended to a whole number (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Consultant Name Project 1 Project 2 Project 3 TOTAL POINTS Points Awarded Consultant ABC 10 10 10 30 30 Consultant DEF 10 5 5 20 20 Consultant GHI 5 5 5 15 15 Consultant JKL 5 5 5 15 15 Consultant MNO 5 1 5 11 11 Consultant PQR 1 1 5 7 7 The points awarded by Consultant will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Consultant’s proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Consultant. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 13 Tab 3 Solicitation 13-6164 Professional Services: Architectural and Engineering (Submit Responses on this Form ) 1. Discipline 2. Identify the number of discipline “expert” resources available at the firm who may be available to Collier County. 3. Provide a project with adequate information to determine the project's success. Project name: _________________________________________________ Project location:________________________________________________ Project scope: _________________________________________________ Proposers responsibility: _________________________________________ Start date:_____________________ End Date _____________________ Project budget:_________________________________________________ Did project meet budget (circle): Yes No Project schedule:_______________________________________________ Did project meet schedule (circle): Yes No How did your firm handle errors/omissions/mistakes (EOM’s) (circle one): 1. Professional had no significant quality control process in place 2. Professional proactively identified EOM’s to customer 3. Professional proactively identified EOM’s and provided solutions Contact name, address and phone number: _________________________ ____________________________________________________________ 4. Provide a second project with adequate information to determine the project's success. Project name: _________________________________________________ Project location:________________________________________________ Project scope: _________________________________________________ Proposers responsibility: _________________________________________ Start date:_____________________ End Date _____________________ Project budget:_________________________________________________ Did project meet budget (circle): Yes No Project schedule:_______________________________________________ Did project meet schedule (circle): Yes No How did your firm handle errors/omissions/mistakes (EOM’s) (circle one): 1. Professional had no significant quality control process in place 2. Professional proactively identified EOM’s to customer 3. Professional proactively identified EOM’s and provided solutions Contact name, address and phone number: _________________________ ____________________________________________________________ 5. Provide a third project with adequate information to determine the project's success. Project name: _________________________________________________ Project location:________________________________________________ Project scope: _________________________________________________ Proposers responsibility: _________________________________________ Start date:_____________________ End Date _____________________ Project budget:_________________________________________________ Did project meet budget (circle): Yes No Project schedule:_______________________________________________ Did project meet schedule (circle): Yes No How did your firm handle errors/omissions/mistakes (EOM’s) (circle one): 1. Professional had no significant quality control process in place 2. Professional proactively identified EOM’s to customer 3. Professional proactively identified EOM’s and provided solutions Contact name, address and phone number: _________________________ ____________________________________________________________ RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 14 4. Tab 4, References – 5 Completed and Returned (20) In order for the Consultant to be awarded any points for this tab, the County requests that the Consultant submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal on the reference form below. The County will only use the methodology calculations for the first five (5) references (only) submitted by the Consultant in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Consultant’s information provided in this area: • The County will total each of the Consultant’s five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Consultants who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the Consultant who has the highest score. • The next highest Consultant’s number of points will be divided by the highest Consultant’s points which will then be multiplied by criteria points to determine the Consultant’s points awarded. Each subsequent Consultant’s point score will be calculated in the same manner. • Points awarded will be extended to a whole number (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Consultant Name Consultant Total Reference Score Points Awarded Consultant ABC 445 20 Consultant DEF 435 20 Consultant GHI 425 19 Consultant JKL 385 17 Consultant MNO 385 17 Consultant PQR 250 11 The points awarded by Consultant will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Consultant’s proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Consultant. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 15 Tab 4: Reference Questionnaire Solicitation: 13-6164 Professional Services: Architectural and Engineering Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Close out project process (final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow County policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: _______________________________________ By ________________ RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 16 5. Tab 5: Firm’s Location, Availability and Responsiveness – Maximum 10 points Firms will be awarded points for demonstrated experience and understanding of the Southwest Florida construction guidelines, land development codes and contractor’s license issues; environmental conditions relating to the disciplines requested in this scope of work; demonstrated responsiveness to meetings, telephone calls, emails and emergencies; and sensitivity to reducing travel expenses. 1. For firms who have office locations in Collier or Lee County who will service the Collier County account, enter ten (10) points in the adjacent field. • Identify the Collier or Lee County primary address and telephone number of the office that will service Collier County. (Points) 2. For firms who have office locations that will service Collier County in counties contiguous to Collier and Lee counties, enter five (5) points in the adjacent field. Counties contiguous to Collier and Lee County are: Charlotte, Glades, Hendry, Broward, Miami-Dade and Monroe counties. • Identify the primary address and telephone number of the office that will service Collier County. (Points) 3. For firms who have office locations not included in #1 and #2 above and who will service the Collier County account, enter one (1) in the adjacent field. • Identify the primary address and telephone number of the office that will service Collier County. (Points) 6. Tab 6: Compliance with RFP Request 1. Completed Attachment 1: Declaration and Qualification Form 2. Completed Attachment 2: Conflict of Interest Affidavit 3. Completed Attachment 3: Immigration Affidavit Certification AND Department of Homeland Security E-Verify validation: either memorandum of understanding or company profile page. 4. Completed Attachment 4: Consultant Substitute W9 5. Completed Attachment 5: Insurance Requirements 6. Any additional information the firm wishes to include, however, this information will not be used in the final evaluation of this RFP. RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 17 Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Consultants must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 3. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 4. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Consultant in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 5. Delivery of Proposals All proposals are to be delivered before 12PM, Naples local time, on or before 11/21/13 to: Collier County Government Purchasing Department 3327 Tamiami Trl E Naples, Florida 34112 Attn: Joanne Markiewicz, Interim Purchasing Director The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Consultant’s personnel or by the Consultant’s outside carrier. However, the Purchasing/General Services Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 18 Consultants must submit one (1) paper copy clearly labeled “Master,” and two (2) copies of an electronic media (CD/DVD/memory stick) with a copy of the proposal on each in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 6. Validity of Proposals No proposal can be withdrawn after it is filed unless the Consultant makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 7. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution Number 2006-268 establishing and adopting the Collier County Purchasing Policy. If the County receives proposals from less than three (3) firms, the Purchasing Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals. The County may, as it deems necessary, conduct discussions with qualified Consultants determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 8. Evaluation of Proposals Collier County will evaluate and select these Services in accordance with Florida Statute 287.055, Consultants’ Competitive Negotiation Act. The County’s procedure for selecting is as follows: 1. The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Strategist will publicly post prior notice of such meeting in the lobby of the Purchasing Building. 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice will be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and will endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. Collier County will consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, interviews, or oral presentations. 8. The Selection Committee, as approved by the County Manager or designee, will review, evaluate and rank all responsive proposals received from Proposers responding to this RFP. The committee RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 19 members will score each Proposal in accordance with the rating criteria set forth below and may, at their discretion, schedule presentations from any firms submitting a proposal. Consultant(s) shall have an opportunity to discuss their qualifications, approach to the project and ability to furnish services for the scope of work outlined in this solicitation during the publicly announced Selection Committee Meeting prior to the final ranking. This discussion does not preclude the County from having additional presentations by ranked firms at the County’s sole discretion. 9. The Selection Committee will rank qualified firms in order of preference and by consensus using all information presented to the Committee, choose the top ranked firm and will subsequently enter into negotiations with the top ranked firm. Award of the contract is dependent upon the successful and full execution of a mutually agreed contract. 10. Negotiations shall begin with the top-ranked firm(s) in accordance with Florida Statute 287.055. 11. Upon the successful completion of negotiations, contracts will be presented to the Board of County Commissioners for approval. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Consultant nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances may not be considered. 9. References The County reserves the right to contact any and all references submitted as a result of this solicitation. 10. Proposal Selection Committee and Evaluation Factors The County Manager or designee will appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab 2, Firm’s Credentials and Experience 40 Points Tab 3, Discipline Experience 30 Points Tab 4, References 20 Points Tab 5, Firm’s Location, Availability and Responsiveness 10 Points TOTAL 100 Points Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the Consultant (as obtained from the County’s financial system) within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the Consultant, subject to verification at the County’s option. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 11. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and Collier County. RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 20 Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Consultant, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Consultant or to re-advertise using the same or revised documentation, at its sole discretion. RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 21 Exhibit III: Additional Terms and Conditions for RFP 1. Insurance and Bonding Requirements The Consultant shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Consultant shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Consultant waive against each other and the County’s separate Consultants, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Consultant and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Consultants, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Consultant under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Consultant has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Consultant must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Consultant’s sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Consultant and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Consultant. The Consultant shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide notice. In the RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 22 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. 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. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Consultant shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Consultant to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful Consultant extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful Consultant. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 51% or more of the solicitation amount for said work. 5. County’s Right to Inspect The County or its authorized Agent shall have the right to inspect the Consultant’s facilities/project site during and after each work assignment the Consultant is performing. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Consultant shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Consultant. 8. Payment Method RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 23 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk@collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional – payment by check, wire transfer or other cash equivalent. • Standard – payment by purchasing card. Collier County’s Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County’s credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an “Additional Cash Discount.” Upon execution of the Contract and completion of each month’s work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of “laches” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 24 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 9. Environmental Health and Safety All Consultants and Sub Consultants performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Consultants and Sub Consultants shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Consultant’s work operations. This provision is non-negotiable by any department and/or Consultant. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 10. Licenses The Consultant is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Consultant to submit the required documentation may be grounds to deem Consultant non- responsive. A Consultant, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active” in Collier County If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector’s Office at (239) 252-2477. 11. Survivability Work Orders: The Consultant/Contractor/Vendor agrees that any Work Order that extends beyond the expiration date of Solicitation 13-6164 Professional Services: Architectural and Engineering will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. 12. Principals/Collusion By submission of this Proposal the undersigned, as Consultant, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 25 than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 13. Relation of County It is the intent of the parties hereto that the Consultant shall be legally considered an independent Consultant, and that neither the Consultant nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Consultant, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 14. Termination Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 15. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 16. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.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. 17. Single Proposal Each Consultant must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 18. Protest Procedures RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 26 Any actual or prospective Consultant to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. 19. Public Entity Crime A person or affiliate who has been placed on the convicted Consultant list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Consultant list. 20. Security and Background Checks If required, Consultant / Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 21. Conflict of Interest Consultant shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 22. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 27 23. Immigration Law Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Consultants / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Consultants are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Consultant does not comply with providing the acceptable E-Verify evidence and the executed affidavit the bidder’s / Consultant’s proposal may be deemed non-responsive. Additionally, Consultants shall require all subcontracted Consultants to use the E-Verify system for all purchases not covered under the “Exceptions to the program” clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Consultant’s responsibility to familiarize themselves with all rules and regulations governing this program. 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. RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 28 Attachment 1: Declaration and Qualification Form BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RFP 13-6164 Professional Services: Architectural and Engineering Dear Commissioners: To participate in this RFP and be eligible to receive further consideration, Proposers must submit a Statement of Qualifications and Experience in the required format per Attachments 1, 2, 3 and 4 and agree to the terms and conditions of a standard County contract. The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by RFP 13-6164 Professional Services: Architectural and Engineering. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of _____________, 200__ in the County of _______________, in the State of _____________. Firm’s Legal Name: Address: City, State, Zip Code: Federal Tax Identification Number Florida Certificate of Authority Document Number (http://www.sunbiz.org) Firm’s Dun and Bradstreet Number (DUNS) (Found at www.dnb.com) Central Contractor Registration number (CCR) (Found at www.ccr.gov) Telephone: FAX __________________________ Check on of the following: Sole Proprietorship Corporation or P. A. State of ___________ Limited Partnership General Partnership Signature by: (Typed and written) Title: RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 29 Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: FAX _____________________________ Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email ____________________________ Pursuant to information for prospective Vendors for the above-mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications without prejudice. Name of Organization: ______________________________________________________________________________ By: ______________________________________________________________________________ Title: ______________________________________________________________________________ Attested by: ______________________________________________________________________________ Title ______________________________________________________ Date __________________ RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 30 Attachment 2: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: ____________________________________________________________________ Signature and Date: ____________________________________________________________________ Print Name ____________________________________________________________________ Title of Signatory ____________________________________________________________________ State of _______________________________________________________________________ County of _______________________________________________________________________ SUBSCRIBED AND SWORN to before me this ____________ day of __________________, 20___________, by _______________________________________________, who is personally known to me to be the ________________________________________ for the Firm, OR who produced the following identification ________________________________________. Notary Public My Commission Expires ___________________________________________ RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 31 Attachment 3: Immigration Affidavit Certification CCNA Solicitation: 13-6164 Professional Services: Architectural and Engineering This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB’s) and Request for Proposals (RFP) submittals. Further, Consultants / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E- Verify program may deem the Consultant / Bidder’s proposal as non-responsive. Collier County will not intentionally award County contracts to any Consultant who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (“INA”). Collier County may consider the employment by any Consultant of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Consultant attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Consultant’s / Bidder’s proposal. Company Name ____________________________________________________________________ Print Name Title _______________________ Signature Date _______________________ State of ___________________ County of _________________ The foregoing instrument was signed and acknowledged before me this ______day of ________________, 20___, by _______________________________ who has produced _____________________________ as identification. (Print or Type Name) (Type of Identification and Number) _____________________________________ Notary Public Signature _____________________________________ Printed Name of Notary Public _____________________________________ Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 32 Attachment 4: Consultant Substitute W – 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name _______________________________________________________________________________ (as shown on income tax return) Business Name _______________________________________________________________________________ (if different from taxpayer name) Address ____________________________________ City ____________________________________________ State ______________________________________ Zip_____________________________________________ Telephone __________________ FAX ______________________ Email _______________________________ Order Information Address ___________________________________ Remit / Payment Information Address _________________________________________ City __________ State ________ Zip ___________ City _____________ State _________ Zip______________ FAX ______________________________________ Email _____________________________________ FAX ______________________________________________ Email _____________________________________________ 2. Company Status (check only one) Individual / Sole Proprietor Corporation Partnership Tax Exempt (Federal income tax-exempt entity under Internal Revenue Service guidelines IRC 501 (c) 3) Limited Liability Company Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) _______________________________________________________________ (Consultants who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form: Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature ___________________________________________________________ Date _________________________________ Title _______________________________________________________________ Phone Number ________________________ RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 33 . Attachment 5: Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. Employer’s Liability $1,000,000.00 single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $1,000,000.00 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. Automobile Liability $ 500,000.00 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 5. Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ __________ Per Occurrence Professional Liability $2,000,000.00 per claim and in the aggregate RFP CCNA Template_07/01/2013 13-6164 Professional Services: Architect and Engineering 34 • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate Project Professional Liability $__________ Per Occurrence Valuable Papers Insurance $__________ Per Occurrence 6. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 9. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. Thirty (30) Days Cancellation Notice required. Consultant’s Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm _______________________________________ Date ____________________________ Consultant Signature _________________________________________________________________________ Print Name _________________________________________________________________________ Insurance Agency _________________________________________________________________________ Agent Name _______________________________________ Telephone Number _________________ Addendum 1 Date: 10/29/13 From: Joanne Markiewicz, Interim Purchasing Director To: Interested Consultants Subject: Solicitation: 13-6164 Professional Services: Architects and Engineering In consultation with the County’s Risk Management Department, the following clarifications are made to the above mentioned Collier County solicitation regarding insurance coverages: • The County has determined updated insurance requirements. Please replace Attachment 5: Insurance and Bonding Requirements with Addendum 1 which includes: o Strikethroughs for outdated requirements; and, o Bolded and underlined for new requirements. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) Email: joannemarkiewicz@colliergov.net Telephone: (239) 252-8975 FAX: (239) 252-6480 Attachment 5: Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. Employer’s Liability $1,000,000.00 $100,000 single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $1,000,000.00 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. Automobile Liability $ 500,000.00 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 5. Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ __________ Per Occurrence Professional Liability $2,000,000.00 $1,000,000 per claim and in aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate Project Professional Liability $__________ Per Occurrence Valuable Papers Insurance $__________ Per Occurrence 6. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 9. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. Thirty (30) Days Cancellation Notice required. Consultant’s Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm _______________________________________ Date ____________________________ Consultant Signature _________________________________________________________________________ Print Name _________________________________________________________________________ Insurance Agency _________________________________________________________________________ Agent Name _______________________________________ Telephone Number _________________ Addendum 2 Date: 11/5/2013 From: Joanne Markiewicz, Interim Purchasing Director To: Interested Consultants Subject: Solicitation: 13-6164 Professional Services: Architects and Engineering The following clarifications are made to the above mentioned Collier County solicitation regarding architectural and engineering disciplines: 1. Page 6: Insert bolded and underlined added text: For work anticipated to be over $200,000: the Board of County Commissioners must approve the work order in advance. 2. Page 9, Tab 1: The County has added one (1) additional discipline to Tab 1. Please see Revised Tab 1 (see attached document to this addendum 2). Electrical Engineering Study, Planning and/or Design (shaded) is to be inserted as number eighteen (18) on the attachment. 3. Pages10 and 11, Tab 2: The County has modified questions 2, 3, 4, and 5. Please see Revised Tab 2 (see attached document to this addendum 2). Original questions 2, 3, 4 and 5 are to be replaced by bolded, underlined and shaded questions 2, 3, 4 and 5. 4. Page16; Item 6; Tab 6: Compliance with RFP Request; strikethrough language removed; bolded and underlined added text: • Modify item 6 to read: Any additional information the firm wishes to include, however, this information will not be used in the final preliminary scoring evaluation of this RFP. 5. Page 22, Item 4: strikethrough language removed 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 51% or more of the solicitation amount for said work. 6. For purposes of preliminary scoring, the County will calculate and evaluate proposer information by discipline. Example: Firms submitting proposals only for Solid Waste Study, Planning and/or Design, will only be evaluated against firms which have been submitted proposals for that discipline. This pre-scoring for a discipline will be provided to the Selection Committee appointed to review that discipline. Selection Committee members will review all quantitative and qualitative Email: joannemarkiewicz@colliergov.net Telephone: (239) 252-8975 FAX: (239) 252-6480 data provided be the firms, and may, at their discretion modify the pre-scoring (up or down) within the number the criteria points. 7. The County intends to recommend awards within each discipline that are representative of the most qualified firms (small, medium and/or large firms) according to Florida Statute 287.055, Consultants’ Competitive Negotiation Act. 8. A listing of current consultant has been provided within this addendum. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) Revised Tab 1 Collier County Architectural and Engineering Disciplines Solicitation 13-6164 Professional Services: Architectural and Engineering (Submit Form with Response) Index Discipline Indicate Discipline Interest with a Checkmark 1. CEI, Project Management, and Value Engineering _____ Interested 2. Civil, Road and Bridge Study, Planning and/or Design _____ Interested 3. Coastal Zone Study, Planning and/or Design _____ Interested 4. Environmental Study, Planning and/or Design _____ Interested 5. Geographic Information System (GIS) _____ Interested 6. Ground Penetrating Radar, Underground Surveying and Locating _____ Interested 7. Instrumentation and Controls (SCADA and Low Voltage) _____ Interested 8. Modeling and Simulation _____ Interested 9. Permitting _____ Interested 10. Solid Waste Study, Planning and/or Design _____ Interested 11. Stormwater Study, Planning and/or Design _____ Interested 12. Surveying and Mapping _____ Interested 13. Testing _____ Interested 14. Traffic Study, Planning and/or Design _____ Interested 15. Public Utilities Facilities, including Water, Wastewater, and Irrigation Study, Planning and/or Design _____ Interested 16. Wellfield Study, Planning and/or Design _____ Interested 17. Architectural Study, Planning and/or Design _____ Interested 18. Electrical Engineering Study, Planning and/or Design _____ Interested Signed by: ______________________________________________ Date: _________________ Firm’s Name: ___________________________________________________________________ Revised Tab 2 Collier County Architectural and Engineering Disciplines Solicitation 13-6164 Professional Services: Architectural and Engineering (Submit Form with Response) 2. Tab 2: Firm’s Credentials and Experience – 40 Points • Provide a “not to exceed” two (2) pages “Firm Credential and Experience” narrative that highlights or enhances the information requested below. • Provide responses to the following seven (7) items below in the format requested so that the Selection Committee members will be provided with the same objective information for each firm for scoring purposes. Firms who do not respond to the items below in this format will be pre-scored zero (0) points; items not completed or left blank will be pre-scored zero (0). 1. Identify the number of years the firm has provided engineering or architectural services to the public sector (under the same name and/or the same principle owners). (number of years) 2. Identify the number of “industry awards and/or recognitions” that the firm has received from peer or colleague agency groups (i.e. State of Florida, American Council of Engineering Companies, American Institute of Architects, National Society of Professional Engineers, Chamber of Commerce, etc.) which directly relates to the firm’s work in southwest Florida in the past five (5) years (1/1/2008 - 12/31/2012). (number of awards) 3. Identify the number of licensed engineering or architectural professionals who hold offices in local, regional or national professional organizations (i.e. American Council of Engineering Companies, National Society of Professional Engineers, etc.). (number of office holders) 4. Identify the firm’s number of “published articles” in professional media (State of Florida, American Council of Engineering Companies, American Institute of Architects, National Society of Professional Engineers, Chamber of Commerce, etc.), which directly relates to the firm’s work in Southwest Florida in the past five (5) years (1/1/2008 – 12/31/2012). (number of published articles) 5. Identify the number of licensed engineers or architects in the firm who have at least four (4) years of architect or engineering experience and who may be assigned projects within Collier County government projects. (number of licensed engineers who have 4 years or more experience) 6. Identify the total number of Collier County projects in the past five (5) years (1/1/2008 – 12/31/2012) where the firm has been the lead consultant. • Provide a list of those projects, the year, and the Collier County project manager. (number of “lead” Collier County projects) 7. Identify the total number of Collier County projects in the past five (5) years (1/1/2008 – 12/31/2012) where the firm has been a sub-consultant. • Provide a list of those projects, the year, and the Collier County project manager. (number of “subcontractor” Collier County projects) TOTAL (Add items #’s 1 – 7, and place the total in the adjacent field) (TOTAL) Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Consultant’s information provided in this area: • The County will total all responses to items (1 – 7) above; and rank from the highest number of points to lowest number of points. Responses not identified on one of the items above in the format requested will receive a score of zero (0)). • The greatest number of points allowed in this criterion will be awarded to the Consultant who has the highest score. • The next highest Consultant’s number of points will be divided by the highest Consultant’s points which will then be multiplied by criteria points to determine the Consultant’s points awarded. Each subsequent Consultant’s point score will be calculated in the same manner. • Points awarded will be extended to a whole number (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Consultant Name Consultant Total Reference Score Points Awarded Consultant ABC 445 40 Consultant DEF 435 39 Consultant GHI 425 38 Consultant JKL 385 35 Consultant MNO 385 35 Consultant PQR 250 22 The points awarded by Consultant will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Consultant’s proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Consultant. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. Collier County Current Consultants Contacts 09-5262, 09-5262S and 09-5305 AECOM USA Aerospace Chemical Electrical General (CI - GEN) PU Water, Wastewater and Irrigation (CI - PU H2O) Modeling and Simulation (SMS) Agnoli, Barber, & Brundage PU Water, Wastewater and Irrigation (CI - PU H2O) Transportation Stormwater (CI - Storm) Transportation Roads (CI - Roads) Transportation Bridge (CI - Bridge) Transportation CEI (CI - CEI) Transportation Survey (CI - Survey) Permitting (SPE) Surveying and Mapping (SSM) AIM Engineering and Testing General (CI - GEN) Transportation Planning (CI - TRPL) Transportation Roads (CI - Roads) Transportation CEI (CI - CEI) Transportation SUE (CI - SUE) Transportation Survey (CI - Survey) Surveying and Mapping (SSM) Allied Engineering & Testing Transportation Testing (CI - Test) Ardaman & Associates Transportation Testing (CI - Test) Black & Veatch PU Facility Design (CI - PU Design) TBE Group dba Cardeno Structural PU Water, Wastewater and Irrigation (CI - PU H2O) PU Solid Waste (CI - Waste) Transportation Planning (CI - TRPL) Transportation Roads (CI - Roads) Transportation Bridge (CI - Bridge) Transportation CEI (CI - CEI) Transportation SUE (CI - SUE) Transportation Traffic (CI - Traf) Camp, Dresser & MeKee Mechanical Project Management PU Wellfield (CI - PU WELL) PU Facility Design (CI - PU Design) Transportation Stormwater (CI - Storm) CH2MHill Aerospace Coastal Zone / Environmental Electrical Mechanical Project Management Structural PU Water, Wastewater and Irrigation (CI - PU H2O) PU Solid Waste (CI - Waste) Transportation Planning (CI - TRPL) Transportation Stormwater (CI - Storm) Transportation Roads (CI - Roads) Transportation Bridge (CI - Bridge) Permitting (SPE) Coastal Engineering Consultants Coastal Zone / Environmental Coastal Planning & Engineering Coastal Zone / Environmental Consul-Tech Enterprises Transportation CEI (CI - CEI) CPH Engineers General (CI - GEN) David Plummer & Associates Transportation Planning (CI - TRPL) Transportation Traffic (CI - Traf) EMA of Minnesota Electrical Forge Engineering Materials Greeley & Hansen PU Wellfield (CI - PU WELL) PU Water, Wastewater and Irrigation (CI - PU H2O) PU Facility Design (CI - PU Design) Modeling and Simulation (SMS) Hazen & Sawyer Chemical Mechanical PU Wellfield (CI - PU WELL) PU Facility Design (CI - PU Design) HDR Engineering PU Water, Wastewater and Irrigation (CI - PU H2O) Transportation Bridge (CI - Bridge) Transportation CEI (CI - CEI) Hole Montes Aerospace PU Water, Wastewater and Irrigation (CI - PU H2O) PU Facility Design (CI - PU Design) Transportation Roads (CI - Roads) Transportation Survey (CI - Survey) Permitting (SPE) Surveying and Mapping (SSM) HSA Engineers & Scientists Materials Mechanical IBI Group General (CI - GEN) Johnson Engineering Coastal Zone / Environmental PU Water, Wastewater and Irrigation (CI - PU H2O) Transportation Stormwater (CI - Storm) Transportation Roads (CI - Roads) Transportation CEI (CI - CEI) Transportation Survey (CI - Survey) Transportation GIS (CI - GIS) Permitting (SPE) Surveying and Mapping (SSM) Kisinger Campo & Associates Transportation CEI (CI - CEI) Liebel & Barrow Engineering Structural Mactec Engineering Materials Transportation Testing (CI - Test) Malcolm Pirnie Project Management PU Facility Design (CI - PU Design) Transportation Traffic (CI - Traf) Matern Professional Engineering Electrical Post, Buckley, Schuh & Jernigan (PBS&J) Chemical Coastal Zone / Environmental Project Management General (CI - GEN) Transportation Stormwater (CI - Storm) Transportation CEI (CI - CEI) Pelican Engineering Electrical Instrumentation and Controls (including SCADA and Low Voltage) (SIN) Q. Grady Minor Aerospace General (CI - GEN) PU Water, Wastewater and Irrigation (CI - PU H2O) Transportation Stormwater (CI - Storm) Transportation Roads (CI - Roads) Transportation Bridge (CI - Bridge) Transportation CEI (CI - CEI) Transportation Survey (CI - Survey) Permitting (SPE) RWA General (CI - GEN) Transportation Planning (CI - TRPL) Transportation Stormwater (CI - Storm) Transportation Roads (CI - Roads) Transportation CEI (CI - CEI) Transportation SUE (CI - SUE) Transportation Survey (CI - Survey) Permitting (SPE) Surveying and Mapping (SSM) Stanley Consultants Transportation Stormwater (CI - Storm) Transportation Roads (CI - Roads) Transportation Bridge (CI - Bridge) Transportation CEI (CI - CEI) Transportation Traffic (CI - Traf) Transportation GIS (CI - GIS) T. Y. Lin International General (CI - GEN) Tetra Tech Coastal Zone / Environmental PU Facility Design (CI - PU Design) Modeling and Simulation (SMS) Instrumentation and Controls (including SCADA and Low Voltage) (SIN) Tindale – Oliver & Associates Transportation Planning (CI - TRPL) Transportation Traffic (CI - Traf) TLC Engineering Electrical TRC Worldwide Engineering Structural URS Corporation Southern Aerospace Project Management PU Solid Waste (CI - Waste) Transportation Planning (CI - TRPL) Transportation CEI (CI - CEI) Vanus Transportation Planning (CI - TRPL) Transportation Traffic (CI - Traf) Vanasse Hangen Brustlin Transportation Planning (CI - TRPL) WilsonMiller Transportation Planning (CI - TRPL) Transportation Roads (CI - Roads) Transportation Bridge (CI - Bridge) Transportation CEI (CI - CEI) Transportation Traffic (CI - Traf) Transportation Survey (CI - Survey) Transportation GIS (CI - GIS) Modeling and Simulation (SMS) Permitting (SPE) Surveying and Mapping (SSM) Carollo (supplemental) Modeling and Simulation (SMS) Instrumentation and Controls (including SCADA and Low Voltage) (SIN) McKim and Creed (supplemental) Instrumentation and Controls (including SCADA and Low Voltage) (SIN) RKS (supplemental) Instrumentation and Controls (including SCADA and Low Voltage) (SIN) Davidson Engineering (supplemental) Permitting (SPE) Current Architects on Contract (09-5305) Victor J Latavish BSSW Architects Disney & Associates CH2M Hill Addendum 3 Date: 11/8/2013 From: Joanne Markiewicz, Interim Purchasing Director To: Interested Consultants Subject: Solicitation: 13-6164 Professional Services: Architects and Engineering The following clarifications are made to the above mentioned Collier County solicitation regarding architectural and engineering disciplines: 1. Page 9, Tab 1: The County has added one (1) additional discipline to Tab 1. Please see Revised Tab 1 (see attached document to this addendum 3). Structural Engineering, including Bridge and Weir Design (shaded) is to be inserted as number nineteen (19) on the attachment. 2. Tab 2, Questions 6 and 7: Both questions refer to any, and all projects, performed within Collier County, FL, (i.e. projects coordinated for government and non-government organizations which were completed within the Collier County boundaries). The project manager refers to the contact that coordinated the project for the government or non- government organization. 3. Question Online Bidding System: For Tab 2, Question 4: Can firms include presentations for "published articles" in professional media (State of Florida, American Council of Engineering Companies, American Institute of Architects, National Society of Professional Engineers, Chamber of Commerce, etc). which directly relates to the firm's work in Southwest Florida in the past five years? Answer: Please respond to the question regarding the firm’s “published articles.” 4. Question Online Bidding System: For Tab 2: Does the number only include current offices held, or can it also include past offices held? Answer: The question requests professionals who “hold,” offices; the use of the word “hold” is present tense. 5. Question Online Bidding System: For Tab 2: Can you identify the counties that are included in how you define southwest Florida? Answer: For purposes of this question, “southwest Florida” is defined as the south west quadrant of the State. Email: joannemarkiewicz@colliergov.net Telephone: (239) 252-8975 FAX: (239) 252-6480 6. Question Online Bidding System: Can you provide a sample of the type of contract that will be issued? Answer: Refer to document labeled Addendum 3 Sample 09-5262S Contract located at http://bid.colliergov.net/bid/. This is a sample contract only and to be used as reference information. The County will negotiate and finalize contract terms and conditions that may be similar to these as a result of the request for proposal. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) Revised Tab 1 Collier County Architectural and Engineering Disciplines Solicitation 13-6164 Professional Services: Architectural and Engineering (Submit Form with Response) Index Discipline Indicate Discipline Interest with a Checkmark 1. CEI, Project Management, and Value Engineering _____ Interested 2. Civil, Road and Bridge Study, Planning and/or Design _____ Interested 3. Coastal Zone Study, Planning and/or Design _____ Interested 4. Environmental Study, Planning and/or Design _____ Interested 5. Geographic Information System (GIS) _____ Interested 6. Ground Penetrating Radar, Underground Surveying and Locating _____ Interested 7. Instrumentation and Controls (SCADA and Low Voltage) _____ Interested 8. Modeling and Simulation _____ Interested 9. Permitting _____ Interested 10. Solid Waste Study, Planning and/or Design _____ Interested 11. Stormwater Study, Planning and/or Design _____ Interested 12. Surveying and Mapping _____ Interested 13. Testing _____ Interested 14. Traffic Study, Planning and/or Design _____ Interested 15. Public Utilities Facilities, including Water, Wastewater, and Irrigation Study, Planning and/or Design _____ Interested 16. Wellfield Study, Planning and/or Design _____ Interested 17. Architectural Study, Planning and/or Design _____ Interested 18. Electrical Engineering Study, Planning and/or Design _____ Interested 19. Structural Engineering, including Bridge and Weir Design _____ Interested Signed by: ______________________________________________ Date: _________________ Firm’s Name: ___________________________________________________________________ Addendum 4 Date: 11/12/2013 From: Joanne Markiewicz, Interim Purchasing Director To: Interested Consultants Subject: Solicitation: 13-6164 Professional Services: Architects and Engineering The following clarifications are made to the above mentioned Collier County solicitation regarding architectural and engineering disciplines: 1. The County’s goals for this solicitation are: • Create a process which will compare within engineering/architectural disciplines experiences, performance, knowledge and ability to respond to southwest Florida conditions, and professional / community involvement; • Maintain a diverse pool of qualified small, medium and large firms (more than 50 firms on the three current contracts); • Maintain a number of consultants who understand, and who have conducted business in southwest Florida (I believe 2/3rds of the firms on the current contracts are Local); and • Within each discipline, apply objective criteria for pre-scoring purposes only (this is a baseline). Those criteria, and all other Consultant’s material, will then be given to a selection committee of project managers who will have the opportunity to raise/lower the pre-scored criteria based on the submitted information. In summary, the pre-scored criteria will be used only as a initial objective basis of comparison; it will be the selection committee’s thorough review which will count in the final rankings. Once the firms are scored and ranked by the County’s selection team members (users of the resultant contracts), there are series of questions that are raised in the selection committee meetings to ensure we have met the County’s requirements. They include: 1. Does the “ranking” reflect your intention? 2. Does anyone want to comment on the group rankings? 3. Are there any special circumstances that you would like to address that may influence the group’s order? 4. Is there any reason to consider one of the firms that could meet any special work / requirements that your department, or County, may have, that may not be reflected in the final ranked list? 2. Question and Answers: Extended to Wednesday, November 13, 2013, 12 Noon Naples Local Time. Email: joannemarkiewicz@colliergov.net Telephone: (239) 252-8975 FAX: (239) 252-6480 3. Question Online Bidding System: Tab 5; is the table included on page 16; the 3 items, to be included as a form? Is there a page limit to Tab 5 ? Answer: Please include the response to Tab 5 in a table format (found on page 16). A page limit has not been established. If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) Title: Professional Services: Architectural and Engineering Solicitation Post Date: 10/28/13 Due Date: 11/21/13 Email Notices Sent: 1,770 Solicitations Downloaded: 235 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Consultants City State CEI, Project Management, and Value Engineering Civil, Road and Bridge Study, Planning and/or Design Coastal Zone Study, Planning and/or Design Environmental Study, Planning and/or Design Geographic Information System (GIS) Ground Penetrating Radar, Undergroun d Surveying and Locating Instrumentation and Controls (SCADA and Low Voltage) Modeling and Simulation Permitting Solid Waste Study, Planning and/or Design Stormwater Study, Planning and/or Design Surveying and Mapping Testing Traffic Study, Planning and/or Design Public Utilities Facilities Wellfield Study, Planning and/or Design Architectural Study, Planning and/or Design Electrical Sudy, Planning and/or Design Structural AECOM Ft. Myers FL x x x x x x x x x x Agnoli Barber and Brundage Naples FL x x x x x x x x x AIM Engineering and Surveying Inc Lehigh Acres FL x x x x x x x x x x x amec Naples FL x x x x x x x x x x American Consulting Engineers of Florida Wesley Chapel FL x x x x x x x American Engineering Consultants Marco Island FL x x x x x x x Arcadis US Inc Plantation FL x x x x Ardaman and Associates Ft. Myers FL x Atkins North American Inc Ft. Myers FL x x x x x x x x x x x x x x x x Avcon Inc Orlando FL x x x x x x Bailey Engineering Consultants Weston FL x x Bridging Solutions Naples FL x Brown and Caldwell Maitland FL x BSSW Architects Naples FL x Cardno Inc Ft. Myers FL x x x x x x x x x x x x x x Carollo Engineers Inc Hollywood FL x x x x x x x CDM Smith Ft. Myers FL x x x x x x x x x x x x x CH2MHill Naples FL x x x x x x x x x x x x x x x x CIMA Engineering Corporation Ft. Lauderdale FL x x x Coastal Engineering Consultants Naples FL x x x Coastal Planning and Engineering Inc Boca Raton FL x x x x x x CPH Inc Ft. Myers FL x x x x x x x x x x x x David Douglas Associates Ft. Myers FL x x x x x x David Plummer and Associates Ft. Myers FL x x x Davidson Engineering Naples FL x x x x x x x x x x Disney and Associates Naples FL x x x EMA Inc Longwood FL x x Forge Engineering Inc Naples FL x Gamboa Southwest Ranches FL x GFA International Inc Ft. Myers FL x x Greeley and Hansen Ft. Myers FL x x x x HDR Engineering Sarasota FL x x x x x x x x x x HighSpans Engineering Inc Ft. Myers FL x x HoleMontes Naples FL x x x x x x Humiston and Moore Naples FL x x x x JMB Transportation Engineering Naples FL x Johnson Engineering Naples FL x x x x x x x x x x x x x x Kisinger Campo and Associates Ft. Myers FL x x x x x x Leidos Engineering Orlando FL x x x Liebl & Barrow Engineering Inc Ft. Myers FL x Marco Surveying and Mapping Marco Island FL x McKim and Creed Clearwater FL x x x x x Michael Baker Jr. Inc Tampa FL x x x x x x x MWH Americas Inc Ft. Myers FL x x x x x Olsen Associate Inc Jacksonville FL x x x Pelican Engineering Consultants Naples FL x x Q Grady Minor and Associates Bonita Springs FL x x x x x x x x Rhodes and Rhodes Surveying Inc Bonita Springs FL x RKS Contulting Engineers Ft. Myers FL x x Robau and Associates Naples FL x x x x RWA Inc Naples FL x x x x x x x x SAI Consulting Engineers Naples FL x x x Schlumberger Water Services Ft. Myers FL x x x x SCS Engineers Coconut Creek FL x x SEA Diversified Inc Delray Beach FL x x Stanley Consultants Inc Miami FL x x x x x x Stantec Naples FL x x x x x x x x x x x x Sweet Sparkman Architects Sarasota FL x Tetra Tech Estero FL x x x x x x x x x x TKW Consulting Engineers Ft. Myers Fl x x x x x x x x x TR Transportation Consultants Inc Ft. Myers FL x Transmap Upper Arlington OH x x x TRC Worldwide Engineering Inc Ft. Myers FL x x Trebilcock Consulting Solutions Naples FL x x x x x x Turrell Hall and Associates Naples FL x x TYLIN International Ft. Myers FL x x x x x x x x x x x Universal Engineering Sciences Ft. Myers FL x URS Corporations Southern Naples FL x x x x x x x x x x x VibEngineering Tampa FL x Victor Latavish Architects Naples FL x x x Waldrop Engineering Bonita Springs FL x x x Westin and Sampson Ft. Myers FL x Summary: 72 Proposals; 1 Not Interested Opened By:Brenda Reaves Witnessed by:Joanne Markiewicz Date:11/21/2013 Legal opinion regarding the applicant's ability and willingness to provide EDA with a first lien on the proposed building Notes Per EDA: County Attorney provides this Commitment for operation and maintenance of facility Notes Per EDA: County and EII agreement and the Airport Authority commitment for operation and maintenance for the facility. Possible language from Lease. Office of the County Manager Leo E. Ochs, Jr. 3299 Tamね mi Tra∥East,Suite 202・ Nales日 onda 34112 5746・ (239)2523383・ FAX:(239)2524010 November 9, 2016 Mr. Philip Paradice, Jr. Regional Director, Atlanta Regional Offrce United States Department of Commerce Economic Development Administration Suite 1820 401 West Peachtree St, N. W Atlanta, Georgia 30308-35 I 0 EDA Control No. I10155 Attn: Mr. Jonathan Corso, Economic Development Representative Dear Mr. Paradice: The Collier County Board ofCounty Commissioners (Board) is pleased to respond to your letter of October 7, 2016 with remaining information requested. Therefore, kindly note the following: o The 'Board' is the lead applicant for the Florida Culinary Accelerator @ Immokalee and has designated its Oflice ofBusiness and Economic Development (OBED) as the contact point responsible for o contract execution; financial accounting and draw down for disbursements o GPRA over a nine year period and trackingjobs and investment data; r The Board has Contracted BSSW Ltd as the Architectural/Engineering Services provider responsible for renovating the Accelerator Facility. This firm has met the County's Procurement procedures (see attached contract with BSSW);o Economic Incubators inc (EIl) has been designated by the Board as the entity responsible for the Operation and maintenance ofthe Facility (see attached Agreement with EII). We look forward to responding to any further questions or concems to expedite the process. Regards, :€. €00.99 Leo E. Ochs. Jr. / / County Manager v Enclosure: l) contract with BSSW 2) Agreement with Ell Limited title opinion on the property to be improved; Notes Per EDA: County Attorney – Owner of Property ~‘Office of the County Attorney Jeffrey A.Klatzkow Deputy County Attorney Scott R.Teach ManagingAssistant County Attorney.Heidi F.Ashton~Cicko**Board Certified City County and Loc~Government Law Assistant County Attorneys Colleen M.Greene Emily R.Pepin Jennifer B.White Jeff E.Wright* July 16,2012 Mrs.Krystal Ritchey,P.E. Program Manager Federal Aviation Administration Orlando Airports District Office 5950 Hazeltine National Dr.,Ste. 400 Orlando,FL 32822-5024 Re:Collier County Board of County Commissioners Grant application requirement:Exhibit “C”Title Opinion Dear Ms.Ritchey: Attached please find the Title Commitments from Collier County’s three airports: (1)Marco Island ExecutiveAirport, (2)Everglades City Airport,and (3)the Immokalee Regional Airport. This submission and certification is made in compliance with grant conditions to provide satisfactory title evidence.Collier County owns all three airports listed above in FEE SIMPLE. Collier County (“Sponsor”), pursuant to Section 47105(d)of the Federal Aviation Administration Authorization Act of 1994 (and amendments), hereby certifies that satisfactory property interest to the land indicated herein is vested in the Sponsor,as required by obligations of thereferenced Grant Agreement with the FederalAviation Administration. I have made title examination and issue this Preliminary Opinion based upon my review of the attached three Title Commitments.This Preliminary Opinion is issued expressly for the benefit of theabove named applicant for title examination and for the FAA in providing this Grant. Sincerely, Colleen M.Greene Assistant County Attorney cc:Chris Curry,Director, Collier County Airport Authority Attachments 04-APA-01096/3870 3299 East Tamiami Trail,Suite 800 •Naples Florida 34112-5749 (239) 252-8400 •FAX:(239)252-6300 Comments from the State Clearinghouse to comply with Executive Order 12372 Notes Per EDA: Reach out to State Clearinghouse SHPO comments and CZMA Notes Per EDA: Request comments Information to confirm alternate funding for the equipment or how the location would be viable Notes Per EDA: Statement explaining that USDA has awarded a grant to fund some of the equipment for the location. The project was designed without the HPP machine initially; however, the high-tech component is the installation of this machine. If awarded EDA $, the County will leverage other resources to possibly purchase this machine. Contact information on the person who will be responsible for GPRA over a nine year period, and mechanism to track private beneficiary jobs and investment data and standard additional information as listed in the application that has not been previously submitted. Notes Per EDA: Typically this is the grant person from the County. Just list the name of the person responsible. Office of the County Manager Leo E. Ochs, Jr. 3299 Tamね mi Tra∥East,Suite 202・ Nales日 onda 34112 5746・ (239)2523383・ FAX:(239)2524010 November 9, 2016 Mr. Philip Paradice, Jr. Regional Director, Atlanta Regional Offrce United States Department of Commerce Economic Development Administration Suite 1820 401 West Peachtree St, N. W Atlanta, Georgia 30308-35 I 0 EDA Control No. I10155 Attn: Mr. Jonathan Corso, Economic Development Representative Dear Mr. Paradice: The Collier County Board ofCounty Commissioners (Board) is pleased to respond to your letter of October 7, 2016 with remaining information requested. Therefore, kindly note the following: o The 'Board' is the lead applicant for the Florida Culinary Accelerator @ Immokalee and has designated its Oflice ofBusiness and Economic Development (OBED) as the contact point responsible for o contract execution; financial accounting and draw down for disbursements o GPRA over a nine year period and trackingjobs and investment data; r The Board has Contracted BSSW Ltd as the Architectural/Engineering Services provider responsible for renovating the Accelerator Facility. This firm has met the County's Procurement procedures (see attached contract with BSSW);o Economic Incubators inc (EIl) has been designated by the Board as the entity responsible for the Operation and maintenance ofthe Facility (see attached Agreement with EII). We look forward to responding to any further questions or concems to expedite the process. Regards, :€. €00.99 Leo E. Ochs. Jr. / / County Manager v Enclosure: l) contract with BSSW 2) Agreement with Ell