Agenda 05/13/2014 Item #16A20 5/13/2014 16.A.20.
EXECUTIVE SUMMARY
Recommendation to approve the ranked list of design professionals pursuant to RFP No. 14-6256,
"Naples Beach Renourishment," authorize staff to negotiate a contract with the top ranked firm for
subsequent Board approval,and make a finding that this item promotes tourism.
OBJECTIVE: To obtain professional engineering services to renourish the Naples Beach.
CONSIDERATIONS: Federal Emergency Management Agency (FEMA) has authorized
renourishment of 3.56 miles (18,829 LF of beach, 105 feet wide) as a result of damages incurred
from Tropical Storm Debbie (Disaster-4068 and PW-0679(0). To correct these damages and
address other critical hot spots on the Naples and Park Shore beaches, staff solicited qualified
firms capable of providing engineering services as required to obtain a Notice to Proceed (NTP)
authorization from FDEP/USACE. A November 2014 renourishment is anticipated that utilizes
the existing 10 year Joint Coastal Permit(JCP). This permit expires on 1/12/2015.
The project will consist of a 52,452 cubic yard (CY) truck haul beach renourishment as
authorized by FEMA within the City of Naples.
A Request for Proposal (RFP) was solicited in compliance with the applicable Consultants'
Competitive Negotiations Act (CCNA) requirements. On March l4, 2014 RFP No. 14-6256,
"Naples Beach Renourishment," was posted. One thousand two hundred and three (1,203)
notices were sent out and fifty three (53) firms downloaded full document packages. Two (2)
responsive proposals were received on April 4, 2014. On April 15, 2014, a selection committee
short-listed the two (2) firms based on an evaluation of their technical proposals. The selection
committee ranked the firms as shown below:
Name of Firm Final Ranking
Atkins North America, Inc. 1
CB&I Coastal Planning and Engineering 2
The top firm, Atkins North America, Inc. is sufficiently familiar with the scope of this project
and is qualified with similar experience in Collier County. Staff recommends approval of the
final ranking and requests authorization to commence contract negotiations, in compliance with
the CCNA, with the top ranked firm Atkins North America, Inc. for this work. If contract
negotiations are not successful with Atkins North America, Inc., then staff is seeking
authorization to commence contract negotiations with the second ranked proposer CB&I Coastal
Planning and Engineering with the objective of bringing an acceptable negotiated contract back
to the Board for approval.
The award of this contract will be presented to the Coastal Advisory Committee and the Tourist
Development Council for a recommendation prior to seeking Board approval.
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FISCAL IMPACT: There is no fiscal impact at this time. Once negotiations are completed and
approved, funding is available in Fund 195 Renourishment Reserves for this project. A budget
amendment will be required to transfer funds from Fund 195 reserves to perform this work.
GROWTH MANAGEMENT IMPACT: There are no growth management impacts as a result
of this project at this time.
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 pursuant to RFP #14-6256, "Naples Beach Renourishment", authorizes staff
to negotiate a contract with the top ranked firm for subsequent Board approval, and makes a
finding that this item promotes tourism.
Prepared by: J. Gary McAlpin, PE Coastal Zone Management Manager of the Natural Resources
Department
Attachments: (I)Request for Proposal; and (2)Final Ranking
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.20.
Item Summary: Recommendation to approve the ranked list of design professionals
pursuant to RFP No. 14-6256, "Naples Beach Renourishment," authorize staff to negotiate a
contract with the top ranked firm for subsequent Board approval, and make a finding that this
item promotes tourism.
Meeting Date: 5/13/2014
Prepared By
Name: HambrightGail
Title: Accountant, Coastal Zone Management
5/1/2014 9:16:22 AM
Submitted by
Title: Accountant, Coastal Zone Management
Name: HambrightGail
5/1/2014 9:16:23 AM
Approved By
Name: McAlpinGary
Title: Manager-Coastal Management Programs, Coastal Zone Management
Date: 5/1/2014 9:40:17 AM
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 5/1/2014 9:46:47 AM
Name: LorenzWilliam
Title: Director-CDES Engineering Services, Comprehensive Planning
Date: 5/1/2014 11:47:11 AM
Name: Tara Castillo
Title: Management/Budget Analyst, Road Maintenance
Date: 5/1/2014 3:48:17 PM
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Name: KearnsAllison
Title:Manager Financial &Operational Support,Transportation Administration
Date: 5/1/2014 4:18:39 PM
Name: MarkiewiczJoanne
Title:Director-Purchasing/General Services,Purchasing&General Services
Date: 5/1/2014 4:39:13 PM
Name: MarkiewiczJoanne
Title: Director-Purchasing/General Services, Purchasing&General Services
Date: 5/1/2014 4:43:48 PM
Name: NorthrupAdam
Title: Procurement Specialist,Purchasing&General Services
Date: 5/2/2014 8:08:56 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 5/2/2014 9:55:58 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 5/2/2014 10:44:37 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior, Grants Management Office
Date: 5/5/2014 8:53:07 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 5/5/2014 9:51:23 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 5/5/2014 10:24:26 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/5/2014 11:02:13 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 5/5/2014 2:11:17 PM
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REQUEST FOR PROPOSALS
In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act.
Go er Ccnei ty
Adrrunistrative Services Division
Purahasing
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
CCNA Solicitation
14-6256 — Naples Beach Renourishment
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.
?urctia; ,^ 3377 Tami.n,i Trzel East•Naples.Flo,cc 34"12-4N1•=At,col:iegov.ne p ar,.siasin
CCNA(Revision 01012014)
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Table of Contents
LEGAL NOTICE 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT 4
EXHIBIT II: GENERAL RFP INSTRUCTIONS 9
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 13
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP 17
ATTACHMENT 1: CONSULTANT'S NON-RESPONSE STATEMENT 24
ATTACHMENT 2: CONSULTANT CHECK LIST 25
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT 26
ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT 27
ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION 29
ATTACHMENT 6: CONSULTANT SUBSTITUTE W—9 30
ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS 31
ATTACHMENT 8: REFERENCE QUESTIONNAIRE 33
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Ctrier' County
Administrative Services Division
Purchasing
Legal Notice
Pursuant to approval by the County Manager, Sealed Proposals to provide Engineering services
for a truck haul beach renourishment project within the City of Naples will be received until 3:00
PM, Naples local time, on 04/03/2014 at the Collier County Government, Purchasing
Department, 3327 Tamiami Trail E, Naples, FL 34112.
CCNA Solicitation
14-6256—Naples Beach Renourishment
Services to be provided may include, but not be limited to the following: Engineering services for a
truck haul beach renourishment project within the City of Naples.
® 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.collieroov.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.collieraov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County
Government Center on
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Coastal Zone Manaement 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 in accordance with the terms,
conditions and specifications stated or attached. The Consultant, at a minimum, must achieve
the requirements of the Specifications or Scope of Work stated.
The results of this solicitation may be used by other County departments once awarded
according to the Board of County Commissioners Purchasing Policy.
Brief Description of Purchase
The Board of County Commissioners of Collier County is seeking qualified firms capable of
providing engineering services as required to obtain a Notice to Proceed (NTP)
authorization from FDEP/USACE to conduct a 52,452 cubic yard (CY) truck haul beach
renourishment project within the City of Naples in the Fall 2014 utilizing the existing 10 year
Joint Coastal Permit (JCP) for Collier County's beach renourishment program.
The detailed scope of work may be expanded to also include portions of the Park Shore and
Naples beaches where additional hot spot erosion has recently occurred. A decision on this
additional work not covered in the FEMA PW authorization is expected to be made after the
beach surveys are completed.
Background
Federal Emergency Management Agency (FEMA) has authorized this renourishment (3.56
miles, 18,829 LF of beach, 105 feet wide) as a result of damages incurred from TS Debbie
(Disaster-4068 and PW-0679(0)).
Detailed Scope of Work
Time is of the essence. Renourishment activities must begin on 11/1/2014 and be complete
by 1/1/2015. The existing 10-year renourishment permit will expire on 1/12/2015.
The awarded firm will provide the following.
• Survey existing beach for actual beach conditions
• Engineer the project consistent with FEMA's PW authorization
• Make application for and obtain a FDEP NTP to accomplish this work
• Develop the plans and Specifications to accomplish this work utilizing a truck
haul renourishment
• Estimate of Most Probable Costs
• Bid Package generation
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• Evaluation and Recommendation of bidders
• Coordinate as needed to complete this project.
Term of Contract
The contract term, if an award(s) is/are made is intended to be for current needs.
Prices shall remain firm for the initial 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 03/14/2014
Last Date for Receipt of Written Questions 03/31/2014, 3:00PM
Solicitation Deadline Date and Time 04/04/2014, 3:00PM
Anticipated Evaluation of Submittals April 2014
Anticipated Completion of Contract Negotiations April 2014
Anticipated Board of County Commissioner's Contract May 2014
Approval Date
Response Format
The Consultant understands and agrees to abide by all of the RFP specifications,
provisions, terms and conditions of same, and all ordinances and policies of Collier County.
The Consultant further agrees that if the contract is awarded the work will be performed in
accordance with the provisions, terms and conditions of the contract.
To facilitate the fair evaluation and comparison of proposals, all proposals must conform to
the guidelines set forth in this RFP.
Any portions of the proposal that do not comply with these guidelines must be so noted and
explained in the Acceptance of Conditions section of the proposal. However, any proposal
that contains such variances may be considered non-responsive.
Proposals should be prepared simply and economically, providing a straightforward concise
description of the Consultant's approach and ability to meet the County's needs, as stated in
the RFP. All proposals should be presented as described in the RFP in PDF or Microsoft
Word format with Tabs clearly marked. If applicable, the utilization of recycled paper for
proposal submission is strongly encouraged.
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The items listed below are to be submitted with each proposal and submitted in the order
shown. Each section should be clearly labeled, with pages numbered and separated by
tabs. Failure by a Consultant to include all listed items may result in the rejection of its
proposal.
1. Tab 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.
• 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.
2. Tab II, Business Plan (20 Points)
In this tab, include:
• Detailed plan of approach (including major tasks and sub-tasks).
• Detailed time line for completion of the project.
• Include with the Business Plan or as an attachment, a copy of a report as an
example of work product. This should be for one of the projects listed as a
reference.
3. Tab III, Firm Credentials and Experience (30 Points)
In this tab, include:
• Provide a "not to exceed" two page "Firm Credential and Experience" narrative
that identifies and highlights the firms credentials and experience relative to JCP
multi-year beach renourishment permitting, success and cost effectiveness.
• Provide the resumes of key individual and qualifying experience relative to major
beach renourishment JCP permitting that are available resources and assigned
to this project. Include details of unique benefits that the firm offers on this
project.
• Provide information that documents Consultant's and subcontractors'
qualifications to produce the required deliverables, including abilities, capacity,
skill, and financial strength, and number of years of experience in providing the
required services.
4. Tab IV, Discipline Experience and Specialized Expertise of Team Members (20 Points)
In this tab, include:
• Provide a list of projects that includes sufficient detailed description and outlines
the firms experience in JCP multi-year beach renourishment permitting, success
and cost effectiveness. Include start date, end date, original budget, final project
cost and number of change orders.
• Description of the proposed contract team and the role to be played by each
member of the proposed team.
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• Describe the various team members' successful experience in working with one
another on previous projects.
• Attach resumes of all proposed project team members who will be involved in the
management of the total package of services, as well as the delivery of specific
services.
• Attach resumes of any sub-consultants. If sub-consultants are being utilized,
letters of intent from stated sub-consultants must be included with proposal
submission.
5. Tab V, References—5 Completed and Returned (20 Points)
In order for the Consultant to be awarded any points for this tab, the County requests
that the Consultant submits five (5) completed reference forms from clients whose
projects are of a similar nature to this solicitation as a part of their proposal. 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 the 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 Total
Consultant Name Reference Score Points Awarded
Consultant ABC 445 20
Consultant DEF 435 19.6
Consultant GHI 425 19.1
Consultant JKL 385 17.3
Consultant MNO 385 17.3
Consultant PQR 250 11.2
Note:Sample chart reflects a 20 point reference criterion.
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,
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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.
6. Tab VI, Availability and Responsiveness (10 Points)
Provide a "not to exceed" two page narrative that identifies demonstrated
responsiveness to county needs and availability of resources.
7. Tab VII, Acceptance of Conditions
Indicate any exceptions to the general terms and conditions of the RFP, and to
insurance requirements or any other requirements listed in the RFP. If no exceptions are
indicated in this tabbed section, it will be understood that no exceptions to these
documents will be considered after the award, or if applicable, during negotiations.
Exceptions taken by a Consultant may result in evaluation point deduction(s) and/or
exclusion of proposal for Selection Committee consideration, depending on the extent of
the exception(s). Such determination shall be at the sole discretion of the County and
Selection Committee.
8. Tab VIII, 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
• Other: Licenses, Certifications, etc.
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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.
6. Delivery of Proposals
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All proposals are to be delivered before 3:00PM, Naples local time, on or before 04/04/2014
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 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.
9. Evaluation of Proposals
Collier County will evaluate and select these Services in accordance with Florida Statute 287.055,
Consultants' Competitive Negotiation Act.
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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
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.
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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, Business Plan 20 Points
Tab III, Experience and Capacity of the Firm 30 Points
Tab IV, Specialized Expertise of Team Members 20 Points
Tab V, References 20 Points
Tab VI, Availability and Responsiveness 10 Points
TOTAL 100 Points
Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm
with the lowest paid dollars by Collier County to the Consultant (as obtained from the
County's financial system) within the last five (5) years will receive the higher individual
ranking. This information will be based on information provided by the Consultant, subject
to verification at the County's option. If there is a multiple firm tie in either individual scoring
or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the
firm with the next lowest volume of work shall receive the next highest ranking and so on.
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.
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Exhibit III: Collier County Purchase Order Terms and Conditions
1. Offer regulations. Risk of loss of any goods
This offer is subject to cancellation by the sold hereunder shall transfer to the
COUNTY without notice if not accepted by COUNTY at the time and place of
VENDOR within fourteen (14) days of delivery; provided that risk of loss prior
issuance. to actual receipt of the goods by the
COUNTY nonetheless remain with
2. Acceptance and Confirmation VENDOR.
This Purchase Order (including all b) No charges will be paid by the COUNTY
documents attached to or referenced for packing, crating or cartage unless
therein) constitutes the entire agreement otherwise specifically stated in this
between the parties, unless otherwise Purchase Order. Unless otherwise
specifically noted by the COUNTY on the provided in Purchase Order, no invoices
face of this Purchase Order. Each delivery shall be issued nor payments made
of goods and/or services received by the prior to delivery. Unless freight and
COUNTY from VENDOR shall be deemed to other charges are itemized, any
be upon the terms and conditions contained discount will be taken on the full amount
in this Purchase Order. of invoice.
c) All shipments of goods scheduled on the
No additional terms may be added and same day via the same route must be
Purchase Order may not be changed except consolidated. Each shipping container
by written instrument executed by the must be consecutively numbered and
COUNTY. VENDOR is deemed to be on marked to show this Purchase Order
notice that the COUNTY objects to any number. The container and Purchase
additional or different terms and conditions Order numbers must be indicated on bill
contained in any acknowledgment, invoice of lading. Packing slips must show
or other communication from VENDOR, Purchase Order number and must be
notwithstanding the COUNTY'S acceptance included on each package of less than
or payment for any delivery of goods and/or container load (LCL) shipments and/or
services, or any similar act by VENDOR. with each car load of equipment. The
COUNTY reserves the right to refuse or
3. Inspection return any shipment or equipment at
All goods and/or services delivered VENDOR'S expense that is not marked
hereunder shall be received subject to the with Purchase Order numbers.
COUNTY'S inspection and approval and VENDOR agrees to declare to the
payment therefore shall not constitute carrier the value of any shipment made
acceptance. All payments are subject to under this Purchase Order and the full
adjustment for shortage or rejection. All invoice value of such shipment.
defective or nonconforming goods will be d) All invoices must contain the Purchase
returned pursuant to VENDOR'S instruction Order number and any other specific
at VENDOR'S expense. information as identified on the
Purchase Order. Discounts of prompt
To the extent that a purchase order requires payment will be computed from the date
a series of performances by VENDOR, the of receipt of goods or from date of
COUNTY prospectively reserves the right to receipt of invoices, whichever is later.
cancel the entire remainder of the Purchase Payment will be made upon receipt of a
Order if goods and/or services provided proper invoice and in compliance with
early in the term of the Purchase Order are Chapter 218, Fla. Stats., otherwise
non-conforming or otherwise rejected by the known as the "Local Government
COUNTY. Prompt Payment Act," and, pursuant to
4. Shipping and Invoices the Board of County Commissioners
a) All goods are FOB destination and must Purchasing Policy.
be suitably packed and prepared to
secure the lowest transportation rates 5. Time Is Of the Essence
and to comply with all carrier
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Time for delivery of goods or performance of the Occupational Health and Safety Act, the
services under this Purchase Order is of the Federal Transportation Act and the Fair
essence. Failure of VENDOR to meet Labor Standards Act, as well as any law or
delivery schedules or deliver within a regulation noted on the face of the Purchase
reasonable time, as interpreted by the Order.
COUNTY in its sole judgment, shall entitle
the COUNTY to seek all remedies available 9. Advertising
to it at law or in equity. VENDOR agrees to No VENDOR providing goods and services
reimburse the COUNTY for any expenses to the COUNTY shall advertise the fact that
incurred in enforcing its rights. VENDOR it has contracted with the COUNTY for
further agrees that undiscovered delivery of goods and/or services, or appropriate or
nonconforming goods and/or services is not make use of the COUNTY'S name or other
a waiver of the COUNTY'S right to insist identifying marks or property without the
upon further compliance with all prior written consent of the COUNTY'S
specifications. Purchasing Department.
6. Changes 10. Indemnification
The COUNTY may at any time and by VENDOR shall indemnify and hold harmless
written notice make changes to drawings the COUNTY from any and all claims,
and specifications, shipping instructions, including claims of negligence, costs and
quantities and delivery schedules within the expenses, including but not limited to
general scope of this Purchase Order. attorneys' fees, arising from, caused by or
Should any such change increase or related to the injury or death of any person
decrease the cost of, or the time required for (including but not limited to employees and
performance of the Purchase Order, an agents of VENDOR in the performance of
equitable adjustment in the price and/or their duties or otherwise), or damage to
delivery schedule will be negotiated by the property (including property of the COUNTY
COUNTY and VENDOR. Notwithstanding or other persons), which arise out of or are
the foregoing, VENDOR has an affirmative incident to the goods and/or services to be
obligation to give notice if the changes will provided hereunder.
decrease costs. Any claims for adjustment
by VENDOR must be made within thirty (30) 11. Warranty of Non-Infringement
days from the date the change is ordered or VENDOR represents and warrants that all
within such additional period of time as may goods sold or services performed under this
be agreed upon by the parties. Purchase Order are: a) in compliance with
applicable laws; b) do not infringe any
7. Warranties patent, trademark, copyright or trade secret;
VENDOR expressly warrants that the goods and c) do not constitute unfair competition.
and/or services covered by this Purchase
Order will conform to the specifications, VENDOR shall indemnify and hold harmless
drawings, samples or other descriptions the COUNTY from and against any and all
furnished or specified by the COUNTY, and claims, including claims of negligence, costs
will be of satisfactory material and quality and expense, including but not limited to
production, free from defects and sufficient attorneys' fees, which arise from any claim,
for the purpose intended. Goods shall be suit or proceeding alleging that the
delivered free from any security interest or COUNTY'S use of the goods and/or
other lien, encumbrance or claim of any third services provided under this Purchase Order
party. These warranties shall survive are inconsistent with VENDOR'S
inspection, acceptance, passage of title and representations and warranties in section 11
payment by the COUNTY. (a).
8. Statutory Conformity If any claim which arises from VENDOR'S
Goods and services provided pursuant to breach of section 11 (a) has occurred, or is
this Purchase Order, and their production likely to occur, VENDOR may, at the
and transportation shall conform to all COUNTY'S option, procure for the COUNTY
applicable laws, including but not limited to the right to continue using the goods or
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services, or replace or modify the goods or this Purchase Order, VENDOR shall
services so that they become non-infringing, immediately give notice thereof, including all
(without any material degradation in relevant information with respects to what
performance, quality, functionality or steps VENDOR is taking to complete
additional cost to the COUNTY). delivery of the goods and/or services to the
COUNTY.
12. Insurance Requirements
The VENDOR, at its sole expense, shall 15. Assignment
provide commercial insurance of such type VENDOR may not assign this Purchase
and with such terms and limits as may be Order, nor any money due or to become due
reasonably associated with the Purchase without the prior written consent of the
Order. Providing and maintaining adequate COUNTY. Any assignment made without
insurance coverage is a material obligation such consent shall be deemed void.
of the VENDOR. All insurance policies shall
be executed through insurers authorized or 16. Taxes
eligible to write policies in the State of Goods and services procured subject to this
Florida. Purchase Order are exempt from Florida
sales and use tax on real property, transient
13. Compliance with Laws rental property rented, tangible personal
In fulfilling the terms of this Purchase Order, purchased or rented, or services purchased
VENDOR agrees that it will comply with all (Florida Statutes, Chapter 212), and from
federal, state, and local laws, rules, codes, federal excise tax.
and ordinances that are applicable to the
conduct of its business. By way of non- 17. Annual Appropriations
exhaustive example, this shall include the The COUNTY'S performance and obligation
American with Disabilities Act and all to pay under this Purchase Order shall be
prohibitions against discrimination on the contingent upon an annual appropriation of
basis of race, religion, sex creed, national funds.
origin, handicap, marital status, or veterans'
status. Further, VENDOR acknowledges 18. Termination
and without exception or stipulation shall be This Purchase Order may be terminated at
fully responsible for complying with the any time by the COUNTY upon 30 days
provisions of the Immigration Reform and prior written notice to the VENDOR. This
Control Act of 1986 as located at 8 U.S.C. Purchase Order may be terminated
1324, et seq. and regulations relating immediately by the COUNTY for breach by
thereto, as either may be amended. Failure VENDOR of the terms and conditions of this
by the awarded firm(s) to comply with the Purchase Order, provided that COUNTY has
laws referenced herein shall constitute a provided VENDOR with notice of such
breach of the award agreement and the breach and VENDOR has failed to cure
County shall have the discretion to within 10 days of receipt of such notice.
unilaterally terminate said agreement
immediately. Any breach of this provision 19. General
may be regarded by the COUNTY as a a) This Purchase Order shall be governed
material and substantial breach of the by the laws of the State of Florida. The
contract arising from this Purchase Order. venue for any action brought to
specifically enforce any of the terms and
14. Force Majeure conditions of this Purchase Order shall
Neither the COUNTY nor VENDOR shall be be the Twentieth Judicial Circuit in and
responsible for any delay or failure in for Collier County, Florida
performance resulting from any cause b) Failure of the COUNTY to act
beyond their control, including, but without immediately in response to a breach of
limitation to war, strikes, civil disturbances this Purchase Order by VENDOR shall
and acts of nature. When VENDOR has not constitute a waiver of breach.
knowledge of any actual or potential force Waiver of the COUNTY by any default
majeure or other conditions which will delay by VENDOR hereunder shall not be
or threatens to delay timely performance of
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deemed a waiver of any subsequent Expenses for Public Officers, employees
default by VENDOR. and authorized persons.
c) All notices under this Purchase Order e) In the event of any conflict between or
shall be sent to the respective among the terms of any Contract
addresses on the face page by certified Documents related to this Purchase
mail, return receipt requested, by Order, the terms of the Contract
overnight courier service, or by personal Documents shall take precedence over
delivery and will be deemed effective the terms of the Purchase Order. To the
upon receipt. Postage, delivery and extent any terms and /or conditions of
other charges shall be paid by the this Purchase Order duplicate or overlap
sender. A party may change its address the Terms and Conditions of the
for notice by written notice complying Contract Documents, the provisions of
with the requirements of this section. the Terms and/or Conditions that are
d) The Vendor agrees to reimbursement of most favorable to the County and/or
any travel expenses that may be provide the greatest protection to the
associated with this Purchase Order in County shall govern.
accordance with Florida Statute Chapter
112.061, Per Diem and Travel
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Exhibit IV: Additional Terms and Conditions for RFP 5/13/2014 16.A.20.
1. Insurance and Bonding Requirements
The Consultant shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in the Insurance and
Bonding attachment of this solicitation. The Consultant shall procure and maintain property insurance
upon the entire project, if required, to the full insurable value of the scope of work.
The County and the Consultant waive against each other and the County's separate Consultants,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to the
proceeds of such insurance. The Consultant and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Consultants, Design Consultants and Subcontractors
and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Consultant under this
solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
Certificates of Insurance must state the Contract Number, or Project Number, or specific Project
description, or must read: For any and all work performed on behalf of Collier County.The "Certificate
Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in
Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If Consultant has any self-insured retentions or deductibles under
any of the below listed minimum required coverage, Consultant must identify on the Certificate of
Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory
evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be
Consultant's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work until
the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Consultant and/or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Consultant. The Consultant shall
also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant
from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide
notice. In the 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.
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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 75% or more of the solicitation amount for said work.
5. County's Right to Inspect
The County or its authorized Agent shall have the right to inspect the Consultant's facilities/project site
during and after each work assignment the Consultant is performing.
6. Additional Terms and Conditions of Contract
Collier County has developed standard contracts/agreements, approved by the Board of County
Commissioners (BCC). The selected Consultant shall be required to sign a standard Collier County
contract within twenty one (21) days of Notice of Selection for Award.
The County reserves the right to include in any contract document such terms and conditions, as it
deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract
is available upon request. The County will not be obligated to sign any contracts, maintenance and/or
service agreements or other documents provided by the Consultant.
7. 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.
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8. 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(c�collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and/or services as
part of this agreement.
Payment methods include:
• Traditional — payment by check, wire transfer or other cash equivalent.
• Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported
by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules
for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of using
the County's credit card for transactions relating to this solicitation. The County will entertain bids
clearly stating pricing for standard payment methods. An additional separate discounted price for
traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional
Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that
prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for
payment without prior approval from the Project manager. All invoices should be submitted within the
fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices
submitted after the close of the fiscal year will not be accepted (or processed for payment) unless
specifically authorized by the Project Manager.
Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or other
fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these
debts, the County reserves the right to off-set the amount owed to the County by applying the amount
owed to the vendor or contractor for services performed of for materials delivered in association with a
contract.
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Invoices shall not reflect sales tax. After review and approval, the invoice will L5/13/2014 16;A.20.
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.
9. Environmental Health and Safety
All Consultants and Sub Consultants performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Consultants and Sub
Consultants shall be responsible for the safety of their employees and any unsafe acts or conditions that
may cause injury or damage to any persons or property within and around the work site. All firewall
penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County facility,
property and/or right-of-way for the purpose of inspection of any Consultant's work operations. This
provision is non-negotiable by any department and/or Consultant.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination
and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
10. Licenses
The Consultant is required to possess the correct Business Tax Receipt, professional license, and any
other authorizations necessary to carry out and perform the work required by the project pursuant to all
applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind.
Additionally, copies of the required licenses must be submitted with the proposal response
indicating that the entity proposing, as well as the team assigned to the County account, is
properly licensed to perform the activities or work included in the contract documents. Failure on
the part of any Consultant to submit the required documentation may be grounds to deem
Consultant non-responsive. A Consultant, with an office within Collier County is also required to have
an occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections must
complete a Collier County Contractor License registration form and submit the required fee. After
registering the license/registration will need to be renewed thereafter to remain "active" in Collier County
If you have questions regarding professional licenses contact the Contractor Licensing, Community
Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions
regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-2477.
11. Survivability
Purchase Orders: The Consultant/Contractor/Vendor agrees that any Purchase Order that extends
beyond the expiration date of the original Solicitation 14-6256 — Naples Beach Renourishment will
survive and remain subject to the terms and conditions of that Agreement until the completion or
termination of this Purchase Order.
12. Principals/Collusion
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By submission of this Proposal the undersigned, as Consultant, does declare thu5/13/2014 16;A,20.
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.
13. Relation of County
It is the intent of the parties hereto that the Consultant shall be legally considered an independent
Consultant, and that neither the Consultant nor their employees shall, under any circumstances, be
considered employees or agents of the County, and that the County shall be at no time legally
responsible for any negligence on the part of said Consultant, their employees or agents, resulting in
either bodily or personal injury or property damage to any individual, firm, or corporation.
14. Termination
Should the Consultant be found to have failed to perform his services in a manner satisfactory to the
County, the County may terminate this Agreement immediately for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole
judge of non-performance.
15. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be
lobbied, either individually or collectively about a project for which a firm has submitted a Proposal.
Firms and their agents are not to contact members of the County Commission for such purposes as
meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final
Board approval, no firm or their agent shall contact any other employee of Collier County in reference to
this Proposal, with the exception of the 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.
16. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a
certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the
document may be submitted with the solicitation response and the document number shall be identified.
Firms who do not provide the certificate of authority at the time of response shall be required to provide
same within five (5) days upon notification of selection for award. If the firm cannot provide the document
within the referenced timeframe, the County reserves the right to award to another firm.
17. Single Proposal
Each Consultant must submit, with their proposal, the required forms included in this RFP. Only one
proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a
primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-
consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a
primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-
consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this
requirement will be deemed non-responsive and rejected from further consideration.
18. Protest Procedures
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Any actual or prospective Consultant to a Request for Proposal, who is aggrieve-
5/13/2014 16.A.20.
former, shall file a written protest with the Procurement Director prior to the due date for acceptance of
proposals. All such protests must be filed with the Procurement Director no later than 11:00 a.m. Collier
County time on the final published date for the acceptance of the Request for Proposals.
The Board of County Commissioners will make award of contract in public session. Award
recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and
Thursdays. Any actual or prospective respondent who desires to formally protest the recommended
contract award must file a notice of intent to protest with the 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.
19. Public Entity Crime
A person or affiliate who has been placed on the convicted Consultant list following a conviction for a
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for
the construction or repair of a public building or public work; may not submit bids, proposals, or replies
on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the convicted Consultant list.
20. Security and Background Checks
If required, Consultant / Vendor / Contractor / Proposer shall be responsible for the costs of providing
background checks by the Collier County Facilities Management Department, and drug testing for all
employees that shall provide services to the County under this Agreement. This may include, but not be
limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint
check, credit reports, education, residence and employment verifications and other related records.
Contractor shall be required to maintain records on each employee and make them available to the
County for at least four (4) years.
21. Conflict of Interest
Consultant shall complete the Conflict of Interest Affidavit included as an attachment to this RFP
document. Disclosure of any potential or actual conflict of interest is subject to County staff review and
does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify
and or preclude conflict of interest situations during contract selection and execution.
22. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311.
Violation of this provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and/or any employee of the firm from contact with County staff for a specified period of
time; b. Prohibition by the individual and/or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any contract held by the individual and/or firm for cause.
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23. Immigration Law Affidavit Certification 5/13/2014 16.A.20.
Statutes and executive orders require employers to abide by the immigration laws of the United States
and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based
means of verifying employment eligibility of workers in the United States; it is not a substitute for any
other employment eligibility verification requirements. The program will be used for Collier County formal
Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction
services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Consultants / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of
their enrollment, at the time of the submission of the Consultant's/bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the
fully executed E-Verify Memorandum of Understanding for the company. Consultants are also required
to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply
with the E-Verify Program. The affidavit is attached to the solicitation documents. If the
Bidder/Consultant does not comply with providing the acceptable E-Verify evidence and the
executed affidavit the bidder's/ Consultant's proposal may be deemed non-responsive.
Additionally, Consultants shall require all subcontracted Consultants to use the E-Verify system for all
purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E-Verify) program
visit the following website: http://www.dhs.gov/E-Verify. It shall be the Consultant's responsibility to
familiarize themselves with all rules and regulations governing this program.
Consultant acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be
fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with
the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws
referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and
the County shall have the discretion to unilaterally terminate said agreement immediately.
14-6256—Naples Beach Renourishment
23
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Cro ler C.ounty
Administrative Services D+vision
Purchasing
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 14-6256— Naples Beach Renourishment 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.)
�I Project is too small.
❑ Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address:
�1 Other reason(s):
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
14-6256—Naples Beach Renourishment
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Cotilr County
Administrative Services Division
Purchasing
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.
fI The mailing envelope has been addressed to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Adam Northrup
CCNA Solicitation: 14-6256— Naples Beach Renourishment
❑ The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due
Date:
fl The Proposal will be mailed or delivered in time to be received no later than the specified due date
and time. (Otherwise Proposal cannot be considered.)
ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
14-6256—Naples Beach Renourishment
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C..orirer County
Administrafr,e Services Division
Purchasing
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
14-6256—Naples Beach Renourishment
26
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Ater'
Zy
Administrattve Services Division
Purchasing
Attachment 4: Consultant Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: CCNA Solicitation: 14-6256— Naples Beach Renourishment
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: •
14-6256—Naples Beach Renourishment
27
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Additional Contact Information
5/13/2014 16.A.20.
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:
14-6256—Naples Beach Renourishment
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Goer County
Adrrunistrative Services D vision
Purhasmg
Attachment 5: immigration Affidavit Certification
CCNA Solicitation: 14-6256—Naples Beach Renourishment
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.
14-6256—Naples Beach Renourishment
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C, ,er County
Adrninisttahve Serves Dvisian
Purchasing
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)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address City
State Zip
Telephone FAX Email
Order Information Remit/Payment Information
Address Address
City State Zip City State Zip
FAX FAX
Email Email
2. Company Status (check only one)
Individual/Sole Proprietor _Corporation _Partnership
Tax Exempt (Federal income tax-exempt entity _Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c) 3) 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
14-6256—Naples Beach Renourishment
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Got r County
nt
Administrative Services Division
Purchasing
Attachment 7: Insurance and Bonding Requirements
Insurance/Bond Type Required Limits
1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. ® Employer's Liability $1,000,000 single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current $1.000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form 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
ContractorNendor/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 ContractorNendor/Consultant or anyone
employed or utilized by the ContractorNendor/Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence
of Collier County.
4. ®Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. ® Other insurance as ❑Watercraft $ Per Occurrence
noted:
❑ 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
14-6256—Naples Beach Renourishment
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5/13/2014 16.A.20.
❑ Project Professional Liability $ Per Occurrence
❑Valuable Papers Insurance $ Per Occurrence
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A-" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ® Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Consultant shall provide County with certificates of insurance meeting the
required insurance provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR Collier County Government, OR Collier County. The
Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description,
or must read: For any and all work performed on behalf of Collier County.
11. ® Thirty (30) Days Cancellation Notice required.
Consultant's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be
required within five (5) days of the award of this solicitation.
Name of Firm Date
Consultant
Signature
Print Name
Insurance Agency
Agent Name Telephone Number
Cote'
o e'r County
Admsnis rattve Services)vision
'ur^hasing
14-6256—Naples Beach Renourishment
32
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5/13/2014 16.A.20.
Attachment 8: Reference Questionnaire
Solicitation: 14-6256—Naples Beach Renourishment
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name: Company:
(Evaluator completing reference questionnaire) (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/indivdival 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
14-6256—Naples Beach Renourishment
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5/13/2014 16.A.20.
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Packet Page-677-
5/13/2014 16.A.20.
FEMA
Supplemental Conditions 97.036
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.
10/1/2012 Revision 2
1
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5/13/2014 16.A.20.
FEMA
Supplemental Conditions 97.036
(1) Administrative, contractual, or legal prior to receipt of the notice of intent to terminate.
remedies Unless otherwise provided in this D. Upon receipt of a termination action under
contract, all claims, counter-claims, disputes and paragraphs (a) or (b) above, the contractor
other matters in question between the local
government and the contractor, arising out of or shall (1) promptly discontinue all affected work
relating to this contract, or the breach of it, will be (unless the notice directs otherwise) and (2) deliver
decided by arbitration, if the parties mutually agree, or or otherwise make available to the local government
in a Florida court of competent jurisdiction. all data, drawings, reports specifications, summaries
and other such information, as may have been
accumulated by the contractor in performing this
(2) Termination for cause and for convenience contract, whether completed or in process.
A. This contract may be terminated in whole or in part
in writing by either party in the event of substantial (3) Compliance with Executive Order 11246 of
failure by the other party to fulfill its obligations under
this contract through no fault of the terminating party, September 24, 1965, entitled "Equal
provided that no termination may be effected unless Employment Opportunity," as amended by
the other party is given: Executive Order 11375 of October 13, 1967,
and as supplemented in Department of Labor
(1) not less than ten (10) calendar days written regulations
notice (delivered by certified mail, return receipt
requested) of intent to terminate; and "During the performance of this contract, the
contractor agrees as follows:
(2) an opportunity for consultation with the
terminating party prior to termination.
"(1) The contractor will not discriminate against any
B. This contract may be terminated in whole or in employee or applicant for employment because of
part in writing by the local government for its race, creed, color, or national origin. The contractor
convenience, provided that the other party is afforded will take affirmative action to ensure that applicants
the same notice and consultation opportunity specified are employed, and that employees are treated during
in 1(a) above. employment, without regard to their race, creed, color,
or national origin. Such action shall include, but not be
C. If termination for default is effected by the local limited to the following: employment, upgrading,
government, an equitable adjustment in the price for
demotion, or transfer; recruitment or recruitment
this contract shall be made, but advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training,
(I) no amount shall be allowed for anticipated including apprenticeship. The contractor agrees to
profit on unperformed services or other work, and post in conspicuous places, available to employees
and applicants for employment, notices to be provided
(2) any payment due to the contractor at the time by the contractina officer setting forth the provisions of
of termination may be adjusted to cover any this nnr?discri!„inatinn clause.
additional costs to the local government
because of the contractor's default. "(2) The contractor will, in all solicitations or
advertisements for employees placed by or on behalf
If termination for convenience is effected by the of the contractor, state that all qualified a pp licants will
local government, the equitable adjustment shall receive consideration for employment without regard
include a reasonable profit for services or other to race, creed, color, or national origin.
work performed for which profit has not already
been included in an invoice. For any termination, "(3) The contractor will send to each labor union or
the equitable adjustment shall provide for representative of workers with which he has a
payment to the contractor for services rendered collective bargaining agreement or other contract or
and expenses incurred prior to receipt of the understanding, a notice, to be provided by the agency
notice of intent to terminate, in addition to contracting officer, advising the labor union or workers'
termination settlement costs reasonably incurred representative of the contractor's commitments under
by the contractor relating to commitments (e.g., Section 202 of Executive Order No. 11246 of
suppliers, subcontractors) which had become firm September 24, 1965, and shall post copies of the
10/1/2012 Revision 2
2
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5/13/2014 16.A.20.
FEMA
Supplemental Conditions 97.036
notice in conspicuous places available to employees (including watchmen and guards) employed on this
and applicants for employment. federally assisted contract be paid wages of not less
than one and one-half times their basic wage rates for
"(4) The contractor will comply with all provisions of all hours worked in excess of forty hours in a work
Executive Order No. 11246 of Sept. 24, 1965, and of week.
the rules, regulations, and relevant orders of the
j5) Federal Fair Labor Standards Act, 29 U.S.C.
Secretary of Labor. )
Section 201 et seq.: The Contractor agrees it will
"(5) The contractor will furnish all information and require that covered employees be paid at least the
reports required by Executive Order No. 11246 of minimum prescribed wage, and also that they be paid
September 24, 1965, and by the rules, regulations, one and one-half times their basic wage rates for all
and orders of the Secretary of Labor, or pursuant hours worked in excess of the prescribed work-week.
thereto, and will permit access to his books, records,
and accounts by the contracting agency and the (6) Copeland "Anti-Kickback" Act (U.S.C.
Secretary of Labor for purposes of investigation to Section 51): The Contractor agrees to comply with
ascertain compliance with such rules, regulations, and the Anti-Kickback Act of 1968 which outlaws and
orders. prescribes penalties for "kickbacks" of wages in
federally financed or assisted construction activities.
"(6) In the event of the contractor's noncompliance
with the nondiscrimination clauses of this contract or (7) Reporting: The contractor will provide any
with any of such rules, regulations, or orders, this information required to comply with the grantor
contract may be cancelled; terminated or suspended agency requirements and regulations pertaining to
in whole or in part and the contractor may be declared reporting.
ineligible for further Government contracts in
accordance with procedures authorized in Executive
Order No. 11246 of Sept 24, 1965, and such other (8) Patents and Data: No reports, maps, or other
sanctions may be imposed and remedies invoked as documents produced in whole or in part under this
provided in Executive Order No. 11246 of September contract shall be the subject of an application for
24, 1965, or by rule, regulation, or order of the copyright by or on behalf of the contractor. The grantor
Secretary of Labor, or as otherwise provided by law. agency and the grantee shall possess all rights to
invention or discovery, as well as rights in data which
"(7) The contractor will include the provisions of
may arise as a result of the contractor's services.
Paragraphs (1) through (7) in every subcontract or
purchase order unless exempted by rules, regulations, (9) Access to Records
or orders of the Secretary of Labor issued pursuant to The local government, the Florida Department of
Section 204 of Executive Order No. 11246 of Sept. 24, Emergency Management, the Federal grantor
1965, so that such provisions will be binding upon agency, the Comptroller General of the United States,
each subcontractor or vendor. The contractor will take and any of their duly authorized representatives,
such action with respect to any subcontract or shall have access to any books, documents, papers,
purchase order as the contracting agency may direct and records of the contractor which are directly
as a means of enforcing such provisions including pertinent to this contract for the purpose of making
sanctions for noncompliance: Provided, however, That audit, examination, excerpts, and transcriptions.
in the event the contractor becomes involved in, or is
threatened with, litigation with a subcontractor or (10) Retention of Records
vendor as a result of such direction by the contracting The contractor shall retain all records relating to this
agency, the contractor may request the United States contract for five (5) years after the local government
to enter into such litigation to protect the interests of makes final payment and all other pending matters are
the United States." closed.
(4) Contract Work Hours and Safety Standards
Act of 1962, 40 U.S.C. 327 et seq.: The Contractor
agrees it will require that mechanics and laborers
03/04/2013-(2)
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FEMA
Supplemental Conditions 97.036
(11) 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).
(12) 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).
(13) Debarment and Suspension (E.O.s
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.
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FEMA
Supplemental Conditions 97.036
CERTIFICATIONS AND FORMS
THE FOLLOWING DOCUMENTS NEED TO 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. Conflict of Interest Affidavit
4. Disclosure of Lobbying Activities
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Supplemental Conditions 97.036
Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph (I)(b) of
this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Name Project Name
Title Project Number
Firm Tax ID Number
Street Address DUNS Number
City, State, Zip
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Supplemental Conditions 97.036
General Grant Clauses
On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements
identified in this solicitation document(s).
Vendor/Contractor Name Date
Authorized Signature
Address
Solicitation Contract#
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Supplemental Conditions 97.036
CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding$100,000)
The undersigned (Contractor) certifies,to the best of his or her knowledge and belief,
that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts
to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions [as amended
by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph
(2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at
2 U.S.C. 1601,etseq.)]
(3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at
all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352
(as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a
civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a
required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such expenditure or failure.]
The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition,the Contractor understands and agrees that the provisions of 31 U.S.C.A 3801, et
seq., apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
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Supplemental Conditions 97.036
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 504,29U.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 (MFR 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 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, related 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.
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