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Agenda 05/12/2015 Item #16A 7 EXECUTIVE SUMMARY Recommendation to approve the ranked list of design professionals for Request for Proposal (RFP) 15-6382, “Grant Funded Professional Services for Coastal Zone Management,” authorize staff to negotiate contracts with the top ranked firms for subsequent Board approval, and make a finding that this item promotes tourism. OBJECTIVE : To facilitate operations and capital project implementation by the Collier County’s Capital Project Planning, Impact Fees and Program Management Division and other County Divisions for grant funded professional services. CONSIDERATIONS : The County’s current fixed term design services contract (13-6164), has fifty one (51) contracted consultants across twenty one (21) disciplines. These disciplines range from Civil and Structural Engineering to Permitting and Modeling. The contracts are designed to provide on call small dollar (less than $200,000) supplemental architectural and engineering services in accordance with the Florida Competitive Consultant Negotiation Act (CCNA). With regards to Coastal Zone Management projects, it was found that a great deal of funds are provided to the County in the form of grants and matching funds from outside agencies such as Federal Emergency Management Agency (FEMA) and Florida Department of Environmental Protection (FDEP). Contract 13-6164 cannot be used for projects funded by these grants because the grantors’ requirements were not included in the original solicitation. With the assistance of the Collier County Grants Compliance office, Procurement Services developed a CCNA RFP for Grant funded Coastal Engineering Services. The RFP was advertised on March 3, 2015. One thousand five hundred and seventeen (1,517) firms were contacted; eighty-nine (89) of those contacts reviewed the solicitation materials; and, five (5) firms submitted proposals for consideration by the March 26, 2015 due date. On April 24, 2015 a selection committee ranked the five (5) firms based on an evaluation of their technical proposals. The selection committee ranked the firms as shown below. Firm Final Ranking Committee Recommendation CB&I Environmental & Infrastructure, Inc. 1 Award Humiston & Moore 2 Award Atkins North America 3 Award Olsen Associates 4 Award Coastal Engineering 5 Do Not Award Following the committee’s ranking, Committee members were also asked (by consensus) to recommend the number of firms to be awarded (denoted by column above labeled Committee Recommendation). The committee recommended entering into negotiation with four (4) firms. If contract negotiations are not successful with any of the four (4) recommended firms, staff is seeking authorization to commence contract negotiations with the next ranked proposer, with the objective of bringing four (4) acceptable negotiated contracts back to the Board for approval. Packet Page -545- 5/12/2015 16.A.7. In order to maximize contract efficiencies, staff also recommends: • One (1) – five (5) year contract term for these services with the understanding that a termination clause will be included. This contract will not preclude the County from adding additional firms to the contract or issuing separate solicitations for required services. • Distribution of Work (consistent with Florida Statute 287.055 and grantor agency requirements at the time of work order): o Projects less than $100,000 : Project managers may select any consultant from the list of four (4) awarded firms; o Projects between $100,000 - $200,000: Project managers may seek proposals from at least three (3) of the four (4) firms, and conduct a qualifications based review, evaluation and ranking of the proposals; the final recommended firm will be presented to the Purchasing Director for final review and approval; no further Board action will be required for the work to proceed; FISCAL IMPACT : Approval of the design professional ranking and authorization to negotiate contracts with the top rated firms will allow Coastal Zone Management to enter into grant related design agreements for future beach projects without entering into the formal Request for Proposal procurement process for expected engineering cost less than $200,000 and related construction costs of less $2,000,000. Funds for these services shall come from Coastal Zone Management budget as projects are identified. GROWTH MANAGEMENT IMPACT : There is no impact to the Growth Management Plan related to this action. ADVISORY COMMITTEE RECOMMENDATIONS : Staff is recommending approval of this item. LEGAL CONSIDERATIONS : This item has been approved as to form and legality and requires majority vote for approval. – CMG RECOMMENDATION : That the Board of County Commissioners approves the ranked list of design professionals for Request for Proposal (RFP) 15-6382, “Grant Funded Professional Services for Coastal Zone Management”; authorizes staff to negotiate a contract with the top ranked firms for subsequent Board approval and make a finding that this item promotes tourism. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Department Attachments : 1) RFP Ranking; and 2) Solicitation Packet Page -546- 5/12/2015 16.A.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.7. Item Summary: Recommendation to approve the ranked list of design professionals for Request for Proposal (RFP) 15-6382, "Grant Funded Professional Services for Coastal Zone Management," authorize staff to negotiate contracts with the top ranked firms for subsequent Board approval and make a finding that this item promotes tourism. Meeting Date: 5/12/2015 Prepared By Name: HambrightGail Title: Accountant, Coastal Zone Management 4/13/2015 5:17:34 PM Submitted by Title: Accountant, Coastal Zone Management Name: HambrightGail 4/13/2015 5:17:35 PM Approved By Name: McAlpinGary Title: Manager - Coastal Management Programs, Coastal Zone Management Date: 4/24/2015 4:45:01 PM Name: KearnsAllison Title: Manager Financial & Operational Support, Capital Construction & Maintenance Budget/Fiscal Date: 4/27/2015 4:49:53 PM Name: Tara Castillo Title: Management/Budget Analyst, Capital Construction & Maintenance Budget/Fiscal Date: 4/27/2015 4:56:48 PM Name: MarkiewiczJoanne Title: Division Director - Purchasing & Gen Svc, Procurement Services Date: 4/28/2015 6:44:57 AM Packet Page -547- 5/12/2015 16.A.7. Name: PattersonAmy Title: Manager - Impact Fees & EDC, Capital Project Planning, Impact Fees and Program Management Date: 4/28/2015 9:20:14 AM Name: PuigJudy Title: Operations Analyst, Operations & Regulatory Management Date: 4/28/2015 9:40:33 AM Name: NorthrupAdam Title: Procurement Specialist, Procurement Services Date: 4/28/2015 10:11:13 AM Name: JohnsonScott Title: Manager - Procurement, Procurement Services Date: 4/28/2015 11:39:00 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/28/2015 6:06:58 PM Name: MaeEsther Title: Accountant, Senior, Grants Management Office Date: 4/29/2015 9:59:03 AM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 4/29/2015 11:59:25 AM Name: StanleyTherese Title: Manager - Grants Compliance, Grants Management Office Date: 4/29/2015 2:54:57 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/30/2015 10:10:41 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/30/2015 11:19:40 AM Packet Page -548- 5/12/2015 16.A.7. Page 1 of 1 Selection Committee Final Ranking Sheet RFP #: 15-6382 Title: Grant Funded Professional Services for CZM Name of Firm Nathan Beals Melissa Hennig Justin Lobb Gary McAlpin TravisGossard (Not in attendance) Average Ranking Atkins North America, Inc.3 4 2 4 3.25 3.0000 CB&I Environmental & Infrastructure 1 3 1 1 1.5 1.0000 Coastal Engineering Consultants, Inc.2 5 4 5 4 5.0000 Humiston & Moore Engineers 4 1 3 2 2.5 2.0000 Olsen Associates, Inc.5 2 5 3 3.75 4.0000 TOTAL Number of Firms to award 4 4 4 4 4 Purchasing Representative Adam Northrup 4/24/2015; 2:30PM Pa c k e t P a g e - 5 4 9 - 5 / 1 2 / 2 0 1 5 1 6 . A . 7 . 15-6382 Grant Funded Professional Services 1 REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants’ Competitive Negotiation Act. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CCNA Solicitation 15-6382 – Grant Funded Professional Services for Coastal Zone Adam Northrup, Procurement Strategist (239) 252-6098 (Telephone) (239) 252-6302 (Fax) Adamnorthrup@colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government . Packet Page -550- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services 2 Table of Contents LEGAL NOTICE ......................................................................................................................... 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ....................... 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS .......................................................................... 12 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ............... 23 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP .......................................... 27 ATTACHMENT 1: CONSULTANT’S NON-RESPONSE STATEMENT ..................................... 35 ATTACHMENT 2: CONSULTANT CHECK LIST ...................................................................... 36 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ....................................................... 37 ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT ........................................... 38 ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION ............................................. 40 ATTACHMENT 6: CONSULTANT SUBSTITUTE W – 9 ........................................................... 41 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS ........................................ 42 ATTACHMENT 8: REFERENCE QUESTIONNAIRE ................................................................ 44 Packet Page -551- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services 3 Legal Notice Pursuant to approval by the County Manager, Sealed Proposals to provide Coastal Zone Study, Planning and Design will be received until 3:00 PM, Naples local time, on March 26th, 2015 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. CCNA Solicitation 15-6382 – Grant Funded professional Services for Coastal Zone Services to be provided may include, but not be limited to the following: Coastal Zone Study, Planning and Design. 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 Director, Procurement Services 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 03/03/2015 . Packet Page -552- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services 4 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Coastal Zone Management Department (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Purchasing Department (hereinafter, “County”) has issued this Request for Proposal (hereinafter, “RFP”) with the intent of obtaining proposals from interested and qualified Consultants to provide professional services for various projects that will be funded all or in part by Grants. These services will supplement an array of professional in-house staff. It is the intent of the County to have multiple firms available to provide on-demand professional services for Coastal Zone Management. 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 in accordance with the terms, conditions and specifications stated or attached. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase Historically, County departments have spent approximately $420,000 per year. Background The County currently has a master contract for professional services (13-6164 – Professional Services Architect and Engineering), that allows for small dollar work (up to $200,000) across 19 specialized disciplines, ranging from Civil and Structural engineering to Coastal Zone Study, Planning and Design. Over time, we have determined there is a need for a similar contract for work in Coastal Zone Study/Planning/Design which is in compliance with various grant funding requirements. Detailed Scope of Work The scope of services shall include, but may not be limited to the description listed below. Coastal engineering is defined as the application of skills, knowledge, expertise, and theory associated with purposeful engineering intervention in the coastal system. Activities in this category include the application of scientific principles underlying a broad range of traditional engineering disciplines to a zone in which there are significant interactions between water and land, including shorelines, bays, lakes, estuaries, inlets, river mouths, and harbors, and the structures within these environments. Coastal engineering involves the practice of civil engineering, as well as the sciences of oceanography and coastal geology, to control erosion; place, construct, and monitor coastal structures; nourish beaches; and develop and maintain ports, harbors, and related navigation facilities, support/mitigate environmental, ecological, wetland and water quality issues. Coastal sciences, defined here as near shore oceanography and coastal geology, are the scientific knowledge base for coastal engineering. A number of coastal engineers are involved in research in many aspects of coastal sciences, such as sediment transport in the surf zone and the mechanics of breaking waves. Packet Page -553- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services 5 Support activities historically used by Collier County include. Beach nourishment planning, development and oversight Coastal structures Dune restoration Coastal management Inlet/navigation studies Emergency response Permitting and surveying Scientific program development and research such as wave and current modeling It is anticipated that the projects for Coastal Zone Study, Planning and Design will be funded by State and Federal grants from agencies such as FEMA or the FWC. Term of Contract The contract term, if an award(s) is/are made is intended to be for five (5) years and will begin upon award by the Board of County Commissioners. Prices shall remain firm for the full term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice 03/03/2015 Last Date for Receipt of Written Questions 03/23/2015; 3:00PM Solicitation Deadline Date and Time 03/26/2015; 3:00PM Anticipated Evaluation of Submittals Week of March 30th Anticipated Completion of Contract Negotiations April 2015 Anticipated Board of County Commissioner’s Contract Approval Date May 2015 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. Packet Page -554- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services 6 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. Tab 1: Tab I, Cover Letter / Management Summary In this tab, include: • Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein (2 pages). • Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Consultant's certification that the Consultant will accept any awards as a result of this RFP (Can be added as a separate page from cover letter). T ab 2: Firm’s Credentials and Experience – 40 Points • Provide a “not to exceed” two (2) page “Firm Credential and Experience” narrative that highlights your f irms credentials or enhances the information requested on page 7 . • Include resumes of key individuals and experts available to the County. • 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. Packet Page -555- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services 7 Firm Name: _______________________________________________ 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 Institute of Architects, National Society of Professional Engineers, etc.) in the past five (5) years (1/1/2010 - 12/31/2014). (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 e ngineering or architectural journals that the firm has been recognized for in the past five (5) years (1/1/2010 – 12/31/2014) (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 license engineers > 4 yrs) 6. Identify the total number of Collier County projects in the past five (5) years (1/1/2010 – 12/31/2014) 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 (1/1/2010 – 12/31/2014) 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) Tab 3, Discipline Experience – 30 Points SUBMIT FORM THE FOLLOWING FORM LABELED “TAB 3” (If you wish to include additional information regar ding the three projects listed below in tab 3, please limit it to 2 pages. ***Remainder of this page intentionally left blank*** Packet Page -556- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services 8 Tab 3 Solicitation 15-6382 – Grant Funded Professional Services for Coastal Zone (Submit Responses on this Form) 1. Firm Name 2. Identify the number of discipline “experts” 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: _________________________ ____________________________________________________________ Packet Page -557- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services 9 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: _________________________ ____________________________________________________________ Packet Page -558- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services 10 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 (Blank form is included in this solicitation as Attachment 8: Reference Questionnaire) 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. All questionnaires should be submitted with the proposal , not faxed directly to the County. Packet Page -559- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services 11 Tab 5: Firm’s Availability and Responsiveness – Maximum 10 points • Provide a “not to exceed” two (2) page “Firm Availability and Responsiveness” narrative that highlights or enhances the information requested below. F irms 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. Tab 6, Required Form Submittals • Attachment 2: Consultant Checklist • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Consultant Declaration Form’ • Attachment 5: Immigration Affidavit and company’s E-Verify profile page and memorandum of understanding • Attachment 6: Consultant Substitute W9 • Attachment 7: Insurance Requirements • Attachment 8: Reference Questionnaire • Attachment 9: Required Grant Forms Packet Page -560- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services 12 EXHIBIT I A: SUPPLEMENTAL TERMS AND CONDITIONS FEMA 97.036 Provisions The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Flow Down of Terms and Conditions from the Grant Agreement Subcontracts : If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractors is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor’s performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor’s progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Administrative, Contractual, or Legal Remedies Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Termination for Cause and for Convenience This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: a) Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and b) An opportunity for consultation with the terminating party prior to termination. This contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in l (a) above. If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made, but no amount shall be allowed for anticipated profit on unperformed services or other work, and any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the local government because of the contractor’s default. Packet Page -561- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 13 If termination for convenience is effected by the local government, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. For any termination, the equitable adjustment shall provide for payment to the contractor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by the contractor relating to commitments (e.g., suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall • promptly discontinue all affected work (unless the notice directs otherwise) and • deliver or otherwise make available to the local government all data, drawings, reports specifications, summaries and other such information, as may have been accumulated by the contractor in performing this contract, whether completed or in process. Compliance with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations During the performance of this contract, the contractor agrees as follows: • The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. • The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. • The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. • The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. • The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. • In the event of the contractor's noncompliance with the nondiscrimination clauses of this Packet Page -562- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 14 contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. • The contractor will include the provisions of Paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." Reporting The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. Patents and Data No reports, maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the contractor. The grantor agency and the grantee shall possess all rights to invention or discovery, as well as rights in data which may arise as a result of the contractor’s services. Access to Records The local government, the Florida Department of Emergency Management, the Federal grantor agency, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions. Retention of Records The contractor shall retain all records relating to this contract for five (5) years after the local government makes final payment and all other pending matters are closed. Packet Page -563- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 15 Clean Air Act, Federal Water Pollution Control Act, Executive Order 11738, and US EPA Regulations Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the Contractor or recipient to comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR Part 15 and 61). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Energy Efficiency Standards The contractor shall comply with any mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). Debarment and Suspension (Executive Orders 12549 and 12689) Contract awards that exceed the small purchase threshold and certain other contract awards shall not be made to parties listed on the nonprocurement portion of the General Services Administration's List of parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, “Debarment and Suspension.” This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principals. Vendors submitting proposals for this purchase must attest that they, and their subcontractors and partners, are not excluded from receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement suspension and debarment. Contractor’s debarment and suspension status will be validated at the System for Award Management at www.sam.gov and the State of Florida at http://dms.myflorida.com/business/operations/state/p urchasing/ vendor information . Convicted or Discriminatory Vendor Lists A person or affiliated who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. Packet Page -564- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 16 Compliance with American With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.) The contractor agrees to comply with the Americans With Disabilities Act, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and telecommunications. If appropriate to the project, the Contractor will provide assurances regarding the following: It will establish safeguards to prohibit discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973. It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, Florida Statutes. It will comply with the Rehabilitation Act of 1973, Section 504,29 U.S.C.794, regarding non-discrimination. It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Subgrantee will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. It will comply with 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. It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism. It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3) as amended, that relate to confidentiality of alcohol and drug abuse patient records. It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures. It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201- 6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto. It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347. It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq. It will comply with the environmental standards which may be prescribed pursuant to the Packet Page -565- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 17 Safe Drinking Water Act of 1974 (42 U.S.C. 300f-300j) regarding the protection of underground water sources. It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642. It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626. It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544. It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-763. It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, relate d to protecting components or potential components of the national wild and scenic rivers system. It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice). It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510. It will assure project consistency with the approved state program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464. It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666. Packet Page -566- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 18 EXHIBIT I B: REQUIRED GRANT FORMS THE FOLLOWING DOCUMENTS ARE ATTACHED TO THIS SOLICITATION IN ATTACHMENT 9 AND SHOULD BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE 1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions 2. General Grant Clauses 3. Disclosure of Lobbying Activities 4. Conflict of Interest Affidavit 5. Anticipated DBE or M/WBE Participation Statement 6. Contractors Bid Opportunity List 7. Drug Free Workplace Packet Page -567- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 19 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. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective Consultants having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum. All prospective Consultants are strongly encouraged to attend, as, this will usually be the only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted as “mandatory”, prospective Consultants must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the 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. 5. 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. Packet Page -568- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 20 6. Delivery of Proposals All proposals are to be delivered before 3:00PM, Naples local time, on or before March 26 th , 2015 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Adam Northrup, Procurement Strategist 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 Procurement 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. Consultants must submit one (1) paper copy clearly labeled “Master,” and six (6) compact disks (CD’s) with one copy of the proposal on each CD in Word, Excel or PDF . List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the 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. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Policy. If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals. 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. Packet Page -569- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 21 9. 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 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 Packet Page -570- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 22 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. 10. References The County reserves the right to contact any and all references submitted as a result of this solicitation. 11. Proposal Selection Committee and Evaluation Factors The County Manager 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 II, Firm’s Credentials and Experience 40 Tab III, Discipline Experience 30 Tab IV, References 20 Tab V, Firm’s Availability and Responsiveness 10 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. 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and Collier County. 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. Packet Page -571- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 23 Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 2. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY’S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 3. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR’S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non-conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR’S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act,” and, pursuant to the Board of County Commissioners Purchasing Policy. Packet Page -572- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 24 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY’S right to insist upon further compliance with all specifications. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY’S name or other identifying marks or property without the prior written consent of the COUNTY’S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 11. Warranty of Non-Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY’S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is Packet Page -573- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 25 likely to occur, VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non-infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non- exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of Packet Page -574- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 26 this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. Packet Page -575- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 27 Exhibit IV: 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 Packet Page -576- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 28 provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant hereunder, Consultant shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 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 10% 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. Vendor Performance Evaluation The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 7. 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. Packet Page -577- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 29 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. The County’s project manager, shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 8. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 9. Work Orders on Fixed Term Contracts The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County. The contracts are classified as fixed-term Countywide Agreements for various and miscellaneous engineering services which will be utilized on an as-needed basis. Assignments shall be implemented with Work Orders subject to a maximum of $200,000 per Work Order. Work Order assignments in excess of $200,000 shall be approved by the Board of County Commissioners. Should any project that is active on a work order extend past the contract termination date, that work order will be active and extended as necessary until completion of such project. 10. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: 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: Packet Page -578- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 30 • 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 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. 11. 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. Packet Page -579- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 31 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 12. 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. 13. Survivability Work Orders: The Consultant/Contractor/Vendor agrees that any Work Order that extends beyond the expiration date of Solicitation 15-6382 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. 14. 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 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. 15. 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. 16. 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 Packet Page -580- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 32 terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 17. 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 Procurement 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. 18. 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. 19. 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. 20. Protest Procedures Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County’s then current purchasing ordinance and policies. 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 Procurement 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 Procurement Director. Packet Page -581- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 33 21. 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. 22. 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. 23. 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. 24. 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. 25. 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 i n the United States; it is not a substitute for a ny 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. Packet Page -582- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 34 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. Packet Page -583- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 35 Attachment 1: Consultant’s Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Consultants not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to CCNA Solicitation 15-6382 – Grant Funded professional Services for Coastal Zone for the following reason(s): Services requested not available through our company. Our firm could not meet specifications/scope of work. Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) Project is too small. Insufficient time allowed for preparation of response. Incorrect address used. Please correct mailing address: Other reason(s): Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name: _____________________________________ Date _____________ Packet Page -584- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 36 Attachment 2: Consultant Check List IMPORTANT : THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Consultant should check off each of the following items as the necessary action is completed: The Proposal has been signed. All applicable forms have been signed and included, along with licenses to complete the requirements of the project. Any addenda have been signed and included. All grant forms listed in Exhibit IB have been signed and included. The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Adam Northrup, Procurement Strategist CCNA Solicitation: 15-6382 – Grant Funded professional Services for Coastal Zone The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. The Proposal will be mailed or delivered in time to be received no later than the specified due date and time . (Otherwise Proposal cannot be considered.) If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded. ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Name of Firm: ________________________________________________________ Address: ________________________________________________________ City, State, Zip: ________________________________________________________ Telephone: ________________________________________________________ Email: ________________________________________________________ Representative Signature: ________________________________________________________ Representative Name: ________________________________________ Date ___________ Packet Page -585- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 37 Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Procurement 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 ___________________________________________ Packet Page -586- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 38 Attachment 4: Consultant Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation: 15-6382 – Grant Funded professional Services for Coastal Zone Dear Commissioners: The undersigned, as Consultant 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 Consultant 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 Consultant states that the proposal is based upon the proposal documents listed by the above referenced CCNA Solicitation . IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of _____________, 200__ in the County of _______________, in the State of _____________. Firm’s Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number CCR # or CAGE Code __________________________________________________________________________ Telephone: FAX: Signature by: (Typed and written) Title: Packet Page -587- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 39 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: Packet Page -588- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 40 Attachment 5: Immigration Affidavit Certification CCNA Solicitation: 15 -6382 – Grant Funded professional Services for Coastal Zone 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. Packet Page -589- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 41 Attachment 6: 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) T axpayer Name ___________________________________________________________________________________ (as shown on income tax return) Business Name ___________________________________________________________________________________ (if different from taxpayer name) Address ____________________________________ Ci t y _______________________________________________ St a t e ______________________________________ Z ip ________________________________________________ T elephone __________________ FAX ______________________ Email __________________________________ Order Information Address ___________________________________ Remit / Payment Information Address ____________________________________________ Ci t y __________ St a t e ________ Zip ___________ Ci t y _____________ St a t e _________ Z ip ______________ 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 ________________________ Packet Page -590- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 42 . Attachment 7: 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 $__________single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $__________ 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. 4. Automobile Liability $ 1,000,000 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 $1,000,000 per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate Project Professional Liability $__________ Per Occurrence Packet Page -591- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 43 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. Ljb 2/24/2015 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 _________________ Packet Page -592- 5/12/2015 16.A.7. 15-6382 Grant Funded Professional Services for Coastal Zone 44 Attachment 8: Reference Questionnaire Solicitation: 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 Project administration (completed documents, final invoice, 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 contract documents, 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 ________________ Packet Page -593- 5/12/2015 16.A.7.