Agenda 04/10/2018 Item #16A2104/10/2018
EXECUTIVE SUMMARY
Recommendation to approve the ranked list of designed professionals pursuant to RPS No. 18-7245,
“Professional Services for Collier County Comprehensive Watershed Improvement Plan,”
authorize staff to negotiate a contract with the top ranked firm Taylor Engineering, for subsequent
Board approval, or if contract negotiations are unsuccessful to authorize staff to commence
contract negotiations with the second ranked proposer, ICF, Inc.
OBJECTIVE: To obtain professional engineering services for project development and permitting of the
Collier County Comprehensive Watershed Improvement Plan.
CONSIDERATIONS: Collier County’s Comprehensive Watershed Improvement Plan (CWIP) utilized
ten (10) major studies and reports developed by various local, state and regulatory agencies over the past
15 years to reduce freshwater flows into Naples Bay, restore fresh water flows into Rookery Bay, improve
water quality and re-hydrate approximately 10,000 acres of the Picayune Strand State Forest/South Belle
Meade area by linking hydrologic and ecological restoration projects that will function on a regional
basis. This project will allow the County to manage its natural resources in a more holistic,
comprehensive manner. Additionally, this project will complement the bordering Federal CERP-Picayune
Strand Restoration Project currently being executed by the US Army Corp of Engineers and South Florida
Water Management District.
On November 13, 2017, the Procurement Services Division released notices of Req uest for Professional
Services No. 18-7245 to 1,805 firms for Professional Engineering Services for the development and
permitting of Collier County’s Comprehensive Watershed Improvement Project. Ninety-One (91)
solicitation packages were downloaded and three (3) responses were received by the due date of
December 22, 2017. One of the proposers, ESA, Inc. withdrew their proposal before evaluations began
citing a conflict of interest. The remaining two (2) proposals were deemed responsible and responsive.
Their proposals were evaluated and scored by the selection committee on February 16, 2018.
Presentations were given by both firms on March 2, 2018, the committee ranked Taylor Engineering, Inc.
as the most qualified consultant to perform this work.
Taylor Engineering is sufficiently familiar with the scope of this project and is qualified with similar
experience throughout Florida. Staff recommends approval of the final ranking and requests authorization
to commence contract negotiations with Taylor Engineering, Inc. for this work. This recommendation is
in compliance with CCNA policies and procedures. If contract negotiations are not successful with Taylor
Engineering, then staff is seeking authorization to commence contract negotiations with the second
ranked proposer ICF with the objective of bringing an acceptable negotiated contract back to the Board
for approval.
Name of Firm Final Ranking
Taylor Engineering 1
ICF, Inc. 2
FISCAL IMPACT: There is no fiscal impact at this time. Once negotiations are completed and
approved, funding will be available through RESTORE a US Department of Treasury Direct Component
(Pot1) Grant.
GROWTH MANAGEMENT IMPACT: There are no growth management impacts as a result of this
project.
16.A.21
Packet Pg. 568
04/10/2018
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority
vote for approval. - CMG
RECOMMENDATION: To approve the ranked list of designed professionals pursuant to RPS No. 18 -
7245, “Professional Services for Collier County Comprehensive Watershed Improvement Plan,” and
authorize staff to negotiate a contract with the top ranked firm Taylor Engineering, for subsequent Board
approval; or, if contract negotiations are unsuccessful to authorize staff to commence contract
negotiations with the second ranked proposer, ICF, Inc.
Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees
and Program Management Division
ATTACHMENT(S)
1. 18-7245 Solicitation (PDF)
2. 18-7245 - Approved Notice of Recommended Award (PDF)
16.A.21
Packet Pg. 569
04/10/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.21
Doc ID: 5029
Item Summary: Recommendation to approve the ranked list of designed professionals pursuant to
RPS No. 18-7245, “Professional Services for Collier County Comprehensive Watershed Improvement
Plan,” authorize staff to negotiate a contract with the top ranked firm Taylor Engineering, for subsequent
Board approval, or if contract negotiations are unsuccessful to authorize staff to commence contract
negotiations with the second ranked proposer, ICF, Inc.
Meeting Date: 04/10/2018
Prepared by:
Title: Accountant – Capital Project Planning, Impact Fees, and Program Management
Name: Gail Hambright
03/07/2018 10:37 AM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
03/07/2018 10:37 AM
Approved By:
Review:
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 03/07/2018 10:49 AM
Zoning Gary McAlpin Additional Reviewer Completed 03/07/2018 10:57 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 03/09/2018 9:46 AM
Growth Management Operations Support Jeanne Marcella Additional Reviewer Skipped 03/13/2018 8:04 AM
Capital Project Planning, Impact Fees, and Program Management Tara Castillo Additional Reviewer Completed 03/13/2018 10:58 AM
Growth Management Department Gene Shue Additional Reviewer Completed 03/13/2018 10:59 AM
Procurement Services Sandra Herrera Additional Reviewer Completed 03/13/2018 2:26 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 03/13/2018 2:46 PM
Procurement Services Swainson Hall Additional Reviewer Completed 03/13/2018 3:04 PM
Procurement Services Adam Northrup Additional Reviewer Completed 03/14/2018 9:06 AM
Procurement Services Ted Coyman Additional Reviewer Completed 03/14/2018 2:31 PM
Growth Management Department James French Deputy Department Head Review Skipped 03/14/2018 7:49 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 03/15/2018 10:34 AM
Grants Edmond Kushi Level 2 Grants Review Completed 03/15/2018 12:49 PM
16.A.21
Packet Pg. 570
04/10/2018
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 03/20/2018 8:17 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/20/2018 9:59 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/23/2018 10:48 AM
Grants Therese Stanley Additional Reviewer Completed 03/29/2018 1:54 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/29/2018 3:52 PM
Board of County Commissioners MaryJo Brock Meeting Pending 04/10/2018 9:00 AM
16.A.21
Packet Pg. 571
1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
REQUEST FOR PROFESSIONAL SERVICES (RPS)
In accordance with Florida Statute 287.055
Consultants’ Competitive Negotiation Act
FOR
Collier County Comprehensive Watershed Improvements Plan
RPS NO.: 18-7245
EVELYN COLON, PROCUREMENT STRATEGIST
PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FLORIDA 34112
TELEPHONE: (239) 252-2667
FAX: (239) 252-2810
evelyncolon@colliergov.net (Email)
This proposal solicitation document is prepared in a Microsoft Word format (rev 8/16/17). Any
alterations to this document made by the Consultant may be grounds for rejection of proposal,
cancellation of any subsequent award, or any other legal remedies available to the Collier County
Government.
16.A.21.a
Packet Pg. 572 Attachment: 18-7245 Solicitation (5029 : 18-7245 Watershed Improvement Plan)
18-7245“Collier County Comprehensive Watershed Improvements Plan”
2
TABLE OF CONTENTS
ITEM DESCRIPTION ........................................................................................................................................................
1. Introduction
2. Background
3. Request for Professional Services (RPS) Process
4. Grading Criteria for Development of Shortlist
Instruction to Proposers
5. Questions
6. Pre-Proposal Conference
7. Compliance with RPS
8. Ambiguity, Conflict, or Other Errors in the RPS
9. Proposals, Presentations, and Protest Costs
10. Delivery of Proposals
11. Validity of Proposals
12. Method of Source Selection
13. Evaluation of Proposals
14. References
15. Reserved Rights
16. Collier County Purchase Order Terms and Conditions
Additional Terms and Conditions for RPS
17. Insurance and Bonding Requirements
18. Additional items and/or Service
19. County’s Right to Inspect
20. Vendor Performance Evaluation
21. Additional Terms and Conditions of Contract
22. Public Records Compliance
23. Payment Method
24. Environmental Health and Safety
25. Licenses
26. Survivability
27. Principal/Collusion
28. Relation of County
29. Termination
30. Lobbying
31. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)
32. Single Proposal
33. Protest Procedures
34. Public Entity Crime
35. Security and Background Checks
36. Conflict of Interest
37. Prohibition of Gifts to County Employees
38. Immigration law Affidavit Certification
39. Term of Contract
Attachments
Scope of Services
Required RPS Forms
16.A.21.a
Packet Pg. 573 Attachment: 18-7245 Solicitation (5029 : 18-7245 Watershed Improvement Plan)
18-7245“Collier County Comprehensive Watershed Improvements Plan”
3
FOR QUALIFICATIONS SUBMITTAL
SOLICITATION PUBLIC NOTICE
REQUEST FOR PROFESSINAL
SERVICES (RPS) NUMBER:
18-7245
PROJECT TITLE: Collier County Comprehensive Watershed Improvements Plan
PRE-PROPOSAL CONFERENCE: No pre-proposal meeting for this solicitation
LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295
TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112
RPS OPENING DAY/DATE/TIME: November December 13, 2017 at 3:00 P.M.
PLACE OF RPS OPENING: PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FL 34112
1. INTRODUCTION
As requested by the Growth Management Division (hereinafter, the “Division”), the Collier County Board of County Commissioners
Procurement Services Division (hereinafter, “County”) has issued this Request for Professional Services (hereinafter, “RPS”) with
the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and spec ifications
stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated.
The purpose or intent of this solicitation is to develop the design of the Collier County Comprehensive Watershed Improvements
Plan (CCCWIP) to a level that will allow the County to obtain the appropriate federal and state permit(s) and conduct adequate site
analysis to develop a design that is demonstrated to be constructible, permittable and does not create adverse impacts to the
surrounding properties or environmental and water resources. Also included in this request will grant management services necessary
to leverage and support the County’s desire to obtain funding from other Restore funding sources.
2. BACKGROUND
The Collier County/Rookery Bay National Estuarine Research Reserve Comprehensive Watershed Improvement Plan Project
Development and Permitting is a planning assistance project for project development and permitting of restoration projects id entified
in the Collier County's Comprehensive Watershed Improvement Plan.
Approximately 70% of Collier County’s 2,300 sq. miles has been altered since the 1950's in order to accommodate coastal
development. In addition to shoreline modifications, extensive canal construction for urban and agricultural drainage has cha nged
the timing and quantity of freshwater inflows to coastal waters. These changes have dramatically affected water quality and quanti ty
of many County estuaries. Prior to intense development, rainfall either infiltrated into the surficial aquifer or flowed thro ugh extensive
wetlands into the coastal waters of the County. The project development and permitting of this project will be the first step in
rehydrating and restoring a portion of the historical flows within the region helping to reestablish historical wetl and hydroperiods.
3. REQUEST FOR PROFESSIONAL SERVICES (RPS) PROCESS
3.1 The selection process will involve a two step proposal review to minimize Proposers’ costs in preparing initial qualification
proposals and expediting the review process. The Proposers will initially s ubmit a qualifications proposal which will be
scored based on the criteria in Section 4.0 Grading Criteria for Development of Shortlist, which will be the basis for short-
listing no less than three (3) firms.
The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and
scored by the COUNTY. The COUNTY will then issue an invitation for oral presentations (Step 2) to at least the top three
short-listed firms and produce a final ranking for approval by the Board of County Commissioners . Upon approval, the
County will enter into negotiations with the top ranked firms to establish cost for the services needed. With successful
negotiations, a contract will be developed with the selected firm, based on the negotiated price and technical components.
The COUNTY plans to include an allowance in the contract for items such as changes in scope and permit acquisition.
3.2 The COUNTY will use a Selection Committee in the Request for Professional Services selection process.
3.3 The intent of the Step 1 scoring of the qualifications proposal is for consultants to indicate their interest, relevant experience,
financial capability, staffing and organizational structure.
3.4 Based upon a review of these qualification proposals, the top three (3) short-listed firms will be requested to submit Step 2,
to make oral presentations.
3.5 The scores from the RPS - Step 1 used for short-listing for this Project will not be carried forward for the Step 2 of this
16.A.21.a
Packet Pg. 574 Attachment: 18-7245 Solicitation (5029 : 18-7245 Watershed Improvement Plan)
18-7245“Collier County Comprehensive Watershed Improvements Plan”
4
selection process.
3.6 The intent of the Step 2 oral presentations is to provide the firms with a venue where they can conduct discussions with the
Selection Committee to clarify questions and concerns before providing a final rank.
3.7 After review of the Step 2 oral presentations, the COUNTY will rank the Proposers based on the discussion and clarifying
questions on their approach and related criteria, and then negotiate in good faith an Agreement with the top ranked Proposer.
3.8 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top-ranked firm, negotiations
with that firm will be formally terminated and negotiation s shall begin with the firm ranked second. If a contract cannot be
successfully negotiated with the firm ranked second, negotiations with that firm will be formally terminated and negotiations
shall begin with the third ranked firm, and so on. The COUNTY reserves the right to negotiate any element of the proposals
in the best interest of the COUNTY.
4. GRADING CRITERIA FOR DEVELOPMENT OF SHORTLIST:
4.1 For the development of a shortlist, this evaluation criteria will be utilized by the COUNTY’S Selection Committee to score
each proposal. Consultants are encouraged to keep their proposals concise and to include a minimum of marke ting
materials. Proposals must address the following criteria:
Evaluation Criteria Maximum Points
1. Ability of Professional Personnel 20 Points
2. Certified Minority Business Enterprise 5 Points
3. Past Performance 25 Points
4. Project Approach, Willingness to Meet Time and Budget Requirements 20 Points
5. Location 10 Points
6. Recent, Current, and Projected Workloads of the Firm 20 Points
TOTAL POSSIBLE POINTS 100 Points
Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work
previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four
(24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County’s financial system
of record. The tie breaking procedure is only applied in the final ranking step of the selection process. In the event a tie still
exists, selection will be determined based on random selection by the Procurement Services Director before at least three
(3) witnesses.
-----------------------------------------------------------------------------------------------------------------------------------------------
Each criterion and methodology for scoring is further described below.
EVALUATION CRITERIA NO. 1: ABILITY OF PROFESSIONAL PERSONNEL (20 Total Points Available)
This criterion measures the ability of professional team personnel as shown by their level of experience on projects of similar
type, size and complexity. This criterion measures how well the team is staffed to address all facets of the project. It
measures how well the team is organized to deliver the project for the COUNTY. Preference will be given to teams with
knowledge and experience with local construction and regulatory conditions and who demonstrate a strong commitment to
team collaboration proximate to the project site. Preference will also be given to teams (both individual within the teams
and the companies making up the team) that have worked together on successful delivery of similar projects. It measures
the overall level of the team’s qualifications to successfully complete the project.
EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points Available)
Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified
Minority Business Enterprise
EVALUATION CRITERIA NO. 3: PAST PERFORMANCE (25 Total Points Available)
This criterion measures the professional team’s past experience with projects similar in size, type and complexity as this
project. The professional teams will be evaluated on their watershed improvement plan projects of the size and scope of
this project, including the experience the team members proposed on this project have together on the previous projects
presented. Experience with all elements of the project scope as generally described herein will be evaluated, with specific
emphasis on experience addressing the technical, community and project delivery categories. The professional team’s
minimization of change orders will be an important consideration. Preference will be given to watershed improvement plan
projects within the last 5 years in proximity to the proposed project.
The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference
forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. Provide
16.A.21.a
Packet Pg. 575 Attachment: 18-7245 Solicitation (5029 : 18-7245 Watershed Improvement Plan)
18-7245“Collier County Comprehensive Watershed Improvements Plan”
5
information on the projects completed by the Proposer that best represent projects of similar size, scope and comp lexity of
this project using form provided in Attachment B – Form 8. Proposer may include two (2) additional pages for each project
to illustrate aspects of the completed project that provides the PSC information to assess the experience of the Proposer o n
relevant project work.
EVALUATION CRITERIA NO. 4: PROJECT APPROACH, WILLINGNESS TO MEET TIME AND BUDGET
REQUIREMENTS (20 Total Points Available)
Written overview of the professional team’s resources available to complete the services requested in the schedule outlined
in the scope of services. The Proposer should illustrate to the COUNTY how they propose to approach the project and
assemble the resources to meet each phase and each major element of the project. (Limit response to 3 pages)
A conceptual level schedule should be included as a separate page to illustrate concepts of design and permitting time,
sequencing of the major elements. (Limit schedule to 1 page, 11” x 17” page size and 40 activities maximum)
Written overview of professional team’s concept and approach to managing the overall cost of the project. (Limit response
to 3 pages)
Include in the 3 page response specific information on past project performance that demonstrates the Proposer’s ability to
meet owners’ budgets including change order history on similar projects.
EVALUATION CRITERIA NO. 5: LOCATION (10 Total Points Available)
The professional team’s approach to management and execution of work with respect to location of various key project team
members will be evaluated under this criterion. The Proposer shall demonstrate from the project kick-off how they will
establish the project location in order to manage day-to-day or on-site information collection and distribution between
internal and external team members, and County staff, as well as other entities involved in the project.
EVALUATION CRITERIA NO. 6: RECENT, CURRENT, AND PROJECTED WORKLOADS OF THE FIRM (20
Total Points Available)
This criterion measures the team’s proposed resources for the project and their availability to complete all elements of this
project with regards to the closeout of recent work, current workload, and projected projects that could impact the completion
of this project.
INSTRUCTIONS TO PROPOSERS
5. QUESTIONS
5.1 Direct questions related to this RPS to the Collier County Procurement Services Division Online Bidding System website:
www.colliergov.net/bid.
5.2 Consultants must clearly understand that the only official answer or position of the County will be the one stated on the
Collier County Procurement Services Division Online Bidding System website. For general questions, please call the
referenced Procurement Strategist noted on the cover page.
6. PRE-PROPOSAL CONFERENCE
6.1 The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff
regarding the RPS with all prospective Consultants having an equal opportunity to hear and participate. Oral questions will
receive oral responses, neither of which will be official, nor become part of the RPS. Only written responses to written
questions will be considered official, and will be included as part of the RPS as an addendum.
6.2 All prospective Consultants are strongly encouraged to attend, as, this will usually b e 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.
7. COMPLIANCE WITH THE RPS
Proposals must be in strict compliance with this RPS. Failure to comply with all provisions of the RPS may result in
disqualification.
8. AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RPS
It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict, discrepancy, omission or
other error in the RPS, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request
modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make
modifications by issuing a written revision and will give written notice to all parties who have received this R PS from the
Procurement Services Division.
9. PROPOSALS, PRESENTATIONS, AND PROTEST COSTS
16.A.21.a
Packet Pg. 576 Attachment: 18-7245 Solicitation (5029 : 18-7245 Watershed Improvement Plan)
18-7245“Collier County Comprehensive Watershed Improvements Plan”
6
The County will not be liable in any way for any costs incurred by any Consultant in the preparation of its proposal in
response to this RPS, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if
applicable, any protest procedures.
10. DELIVERY OF PROPOSALS
10.1 All proposals are to be submitted before 3:00 PM, Naples local time, on or before November December 13, 2017 the
Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid.
10.2 The County does not bear the responsibility for proposals delivered to the Procurement Services Division past the stated
date and/or time indicated.
11. VALIDITY OF PROPOSALS
11.1 No proposal can be withdrawn after it is opened unless the Consultant makes their request in writing to the County. All
proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation
and selection process.
12. METHOD OF SOURCE SELECTION
12.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized
by Ordinance Number 2017-08, establishing and adopting the Collier County Procurement Ordinance.
12.2 If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and
determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee
rank order the received proposals.
13. EVALUATION OF PROPOSALS
13.1 Collier County will evaluate and the proposals and select the firm in accordance with Florida Statute 287.055, Consultants’
Competitive Negotiation Act (CCNA).
13.2 The County’s procedure for selecting is as follows:
13.2.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted.
13.2.2 The Request for Professional Services is issued.
13.2.3 Subsequent to the receipt closing date for the proposals, the Procurement professional will review the proposals
received and verify each proposal to determine if it minimally responds to the requirements of the published RPS.
13.2.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services
Division.
13.2.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted
proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement
professional will publically announce all subsequent committee meeting dates and times. The subsequent meeting
dates and times will be posted with at least one (1) day advanced notice.
13.2.6 Selection committee members will independently review and score each proposal based on the evaluation criteria
stated in the Request for Professional Services using the Individual Selection Committee Score and Rank Form and
prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is
merely a tool to assist the selection committee member in their review of the proposals.
13.2.7 At the publicly noticed selection committee meeting, the members will present their independent findings /
conclusions / comments based on their reading and interpretation of the materia ls presented to each other, and may
ask questions of one another. Time will be allowed for public comment.
13.2.8 Collier County selection committee members may consider all the material submitted by the Proposer and other
information Collier County may obtain to determine whether the Proposer is capable of and has a history of
successfully completing projects of this type, including, without limitation, additional information Collier County
may request, clarification of proposer information, and/or additional credit information.
13.2.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly. The
committee will make a determination on which firms will be invited to give oral presentations by short listing the
proposals submitted with the goal of having a minimum of three (3) firms giving oral presentations. The selection
committee may ask for additional information, present materials, interview, ask questions, etc. The members may
consider any and all information obtained through this method in formulating their final ranking.
13.2.10 The selection committee’s overall rank of firms in order of preference (from highest beginning with a rank of
one (1) to the lowest) will be discussed and reviewed by the Procurement Professional. By final consensus, and
having used all information presented (proposal, presentation, references, etc.), the selection committee members
will create a final ranking and staff will subsequently enter into negotiations.
16.A.21.a
Packet Pg. 577 Attachment: 18-7245 Solicitation (5029 : 18-7245 Watershed Improvement Plan)
18-7245“Collier County Comprehensive Watershed Improvements Plan”
7
13.3 The County reserves the right to withdraw this RPS at any time and for any reason, and to issue such clarifications,
modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting
supplemental proposal information.
13.4 Receipt of a proposal by the County offers no rights upon the Consultant nor obligates the County in any manner.
13.5 Acceptance of the proposal does not guarantee issuance of any other governmental approvals.
14. REFERENCES
The County reserves the right to contact any and all references submitted as a result of this solicitation.
15. RESERVED RIGHTS
Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive mino r
irregularities and technicalities; or to request resubmission. Also Collier County reserves the right to accept all or any part
of any bid, proposal, or offer, and to increase or decrease quantities to meet the additional or reduced requirements of Coll ier
County. Collier County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award to one or
more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the best
interest of the County. Collier County reserves its right to reject any sole response.
PURCHASE ORDER TERMS AND CONDITIONS
16. COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS
16.1 Offer
This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen
(14) days of issuance.
16.2 Acceptance and Confirmation
16.2.1 This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement
between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each
delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms
and conditions contained in this Purchase Order.
16.2.2 No additional terms may be added and Purchase Order may not be changed except by written instrument executed
by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different
terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR,
notwithstanding the COUNTY’S acceptance or payment for any delivery of goods and/or services, or any similar
act by VENDOR.
16.3 Inspection
16.3.1 All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and
approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage
or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at
VENDOR’S expense.
16.3.2 To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively
reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the
term of the Purchase Order are non conforming or otherwise rejected by the COUNTY .
16.4 Shipping and Invoices
16.4.1 a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation
rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the
COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the
COUNTY nonetheless remain with VENDOR.
16.4.2 b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated
in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments
made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount
of invoice.
16.4.3 c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping
container must be consecutively numbered and marked to show this Purchase Order number. The container and
16.A.21.a
Packet Pg. 578 Attachment: 18-7245 Solicitation (5029 : 18-7245 Watershed Improvement Plan)
18-7245“Collier County Comprehensive Watershed Improvements Plan”
8
Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and
must be included on each package of less than container load (LCL) shipments and/or with each car load of
equipment. The COUNTY reserves the right to refuse or return any shipment or equipme nt at VENDOR’S expense
that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any
shipment made under this Purchase Order and the full invoice value of such shipment.
16.4.4 d) All invoices must contain the Purchase Order number and any other specific information as identified on the
Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of
receipt of invoices, whichever is later. Payment will be made upon rec eipt of a proper invoice and in compliance
with Chapter 218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act,” and, pursuant to
the Board of County Commissioners Purchasing Policy.
16.5 Time Is Of the Essence
Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of
VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole
judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to
reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that
undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY’S right to insist
upon further compliance with all specifications.
16.6 Changes
The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping
instructions, quantities and delivery schedules within the general scope of this Pur chase Order. Should any such
change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable
adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR.
Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease
costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is
ordered or within such additional period of time as may be agreed upon by the parties.
16.7 Warranties
VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the
specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and wi ll be of
satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall
be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties
shall survive inspection, acceptance, passage of title and payment by the COUNTY.
16.8 Statutory Conformity
Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform
to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal
Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the
Purchase Order.
16.9 Advertising
No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the
COUNTY for goods and/or services, or appropriate or make use of the COUNTY’S name or other identifying marks
or property without the prior written consent of the COUNTY’S Purchasing Department.
16.10 Indemnification
16.10.1 VENDOR shall defend, indemnify and hold harmless the COUNTY from any and all claims, including claims
of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to
the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance
of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which
arise out of or are incident to the goods and/or services to be provided hereunder.
16.11 Warranty of Non Infringement
16.11.1 VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a)
in compliance with applicable laws; b) do not infringe any patent, trademark, copyrig ht or trade secret; and c) do not
constitute unfair competition.
16.11.2 VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including
claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim,
suit or proceeding alleging that the COUNTY’S use of the goods and/or services provided under this Purchase Order
are inconsistent with VENDOR'S representations and warranties in section 11 (a).
16.A.21.a
Packet Pg. 579 Attachment: 18-7245 Solicitation (5029 : 18-7245 Watershed Improvement Plan)
18-7245“Collier County Comprehensive Watershed Improvements Plan”
9
16.11.3 If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR
may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or services, or
replace or modify the goods or services so that they become non infringi ng, (without any material degradation in
performance, quality, functionality or additional cost to the COUNTY).
16.12 Insurance Requirements
16.12.1 The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and
limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance
coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers
authorized or eligible to write policies in the State of Florida.
16.13 Compliance with Laws
16.13.1 In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and
local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive
example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the
basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR
acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of
the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto,
as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute
a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement
immediately. Any breach of this provision may be regarded b y the COUNTY as a material and substantial breach
of the contract arising from this Purchase Order.
16.14 Force Majeure
16.14.1 Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from
any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature.
When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or
threatens to delay timely performance of this Purchase Ord er, VENDOR shall immediately give notice thereof,
including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods
and/or services to the COUNTY.
16.15 Assignment
16.15.1 VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written
consent of the COUNTY. Any assignment made without such consent shall be deemed void.
16.16 Taxes
16.16.1 Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real
property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida
Statutes, Chapter 212), and from federal excise tax.
16.17 Annual Appropriations
16.17.1 The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an
annual appropriation of funds.
16.18 Termination
16.18.1 This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the
VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the
terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such
breach and VENDOR has failed to cure within 10 days of receipt of such notice.
16.19 General
16.19.1 a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought
to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit
in and for Collier County, Florida
16.19.2 b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR
shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not
be deemed a waiver of any subsequent default by VENDOR.
16.19.3 c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified
mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective
upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for
notice by written notice complying with the requirements of this section.
16.A.21.a
Packet Pg. 580 Attachment: 18-7245 Solicitation (5029 : 18-7245 Watershed Improvement Plan)
18-7245“Collier County Comprehensive Watershed Improvements Plan”
10
16.19.4 d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order
in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees
and authorized persons.
16.19.5 e) In the event of any conflict between or among the terms of any Contract Documents r elated to this Purchase
Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the
extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the
Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or
provide the greatest protection to the County shall govern.
ADDITIONAL TERMS AND CONDITIONS FOR RPS
17. INSURANCE AND BONDING REQUIREMENTS
17.1 The Consultant shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized
to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Consultant
shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of
work.
17.2 The County and the Consultant waive against each other and the County’s separate Consultants, Contractors, Design
Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance
provided herein, except such rights as they may have to the proceeds of such insurance. The Consultant and County shall,
where appropriate, require similar waivers of subrogation from the County’s separate Consultants, Design Consultants and
Subcontractors and shall require each of them to include similar waivers in their contracts.
17.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
17.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of
Collier County.”
17.5 The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall name Collier County,
Florida, as an additional insured as to the operations of Consultant under this solicitation and shall contain a severability of
interests provisions.
17.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance
must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work
performed on behalf of Collier County. The "Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
17.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and
Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If
Consultant has any self-insured retentions or deductibles under any of the below listed minimum required coverage,
Consultant must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles
and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles
will be Consultant’s sole responsibility.
17.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of
completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer.
17.9 The Consultant and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non
renewal on the part of the insurance carrier or the Consultant. The Consultant shall also notify the County, in a like manne r,
within twenty-four (24) hours after receipt, of any notices of expiration, cancel lation, 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 poli cy 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.
17.10 Should at any time the Consultant not maintain the insurance coverage(s) required he rein, 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 i t be
16.A.21.a
Packet Pg. 581 Attachment: 18-7245 Solicitation (5029 : 18-7245 Watershed Improvement Plan)
18-7245“Collier County Comprehensive Watershed Improvements Plan”
11
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.
17.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the
Consultant shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar
days after the expiration date on the certificate. Failure of the Consultant to provide the County with such renewal
certificate(s) shall be considered justification for the County to terminate any and all contracts.
18. ADDITIONAL ITEMS AND/OR SERVICES
Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the
Procurement Ordinance.
19. COUNTY’S RIGHT TO INSPECT
The County or its authorized Agent shall have the right to inspect the Consultant’s facilities/proj ect site during and after
each work assignment the Consultant is performing.
20. VENDOR PERFORMANCE EVALUATION
The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To
this end, vendors will be evaluated on their performance upon completion/termination of this Agreement.
21. ADDITIONAL TERMS AND CONDITIONS OF CONTRACT
21.1 The selected Consultant shall be required to sign a standard Collier County contract.
21.2 The resultant contract(s) may include purchase or work orders issued by the County’s project manager.
21.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the
proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will
not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the
Consultant.
21.4 The County’s project manager shall coordinate with the Vendor / Contrac tor the return of any surplus assets, including
materials, supplies, and equipment associated with the scope or work.
22. PUBLIC RECORDS COMPLIANCE
22.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as
follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East
Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
22.2 The Contractor must specifically comply with the Florida Public Records Law to:
22.2.1 Keep and maintain public records required by the public agenc y to perform the service.
22.2.2 Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not
exceed the cost provided in this chapter or as otherwise provided by law.
22.2.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements
are not disclosed except as authorized by law for the duration of th e contract term and following completion of the
contract if the Contractor does not transfer the records to the public agency.
22.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the
Contractor or keep and maintain public records required by the public agency to perform the service. If the
Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall
16.A.21.a
Packet Pg. 582 Attachment: 18-7245 Solicitation (5029 : 18-7245 Watershed Improvement Plan)
18-7245“Collier County Comprehensive Watershed Improvements Plan”
12
destroy any duplicate public records that ar e exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor
shall meet all applicable requirements for retaining public records. All records stored electronically must be
provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is
compatible with the information technology systems of the public agency.
23. PAYMENT METHOD
23.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s
invoices must include:
23.1.1 Purchase Order Number
23.1.2 Description and quantities of the goods or services provided per instructions on the County’s pur chase order or
contract. Invoices shall be sent to:
Board of County Commissioners Clerk’s Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail East, Suite 700
Naples FL 34112
Or
Emailed to: bccapclerk@collierclerk.com
23.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices
submitted on the date of services or within six (6) months after completion of contract. Any untimel y 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.
23.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier
County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -
set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for
materials delivered in association with a contract.
23.4 Invoices shall not reflect sales tax. After review and approval, the invoice will be tr ansmitted to the Finance Division for
payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes,
otherwise known as the “Local Government Prompt Payment Act.” Collier County reserves the right to wit hhold and/or
reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual
requirements.
24. ENVIRONMENTAL HEALTH AND SAFETY
24.1 All Consultants and Sub Consultants performing service for Collier County are required and shall comply with all
Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and
any other applicable rules and regulations. Consultants and Sub Consultants shall be responsible for th e 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.
24.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or
right-of-way for the purpose of inspection of any Consultant’s work operations. This provision is non -negotiable by any
department and/or Consultant.
24.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash
Studies where relevant as determined by the engineer.
24.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels.
25. LICENSES
25.1 The Consultant is required to possess the correct Business Tax Receipt, professional license, and any other authorizations
necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law,
Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted
with the proposal response indicating that the entity proposing, as well as the team assigned to the Cou nty 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.
25.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier
County Contractor License registration form and submit the required fee. After registering the license/registration will need
to be renewed thereafter to remain “active” in Collier County.
16.A.21.a
Packet Pg. 583 Attachment: 18-7245 Solicitation (5029 : 18-7245 Watershed Improvement Plan)
18-7245“Collier County Comprehensive Watershed Improvements Plan”
13
25.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and
Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses,
please contact the Tax Collector’s Office at (239) 252 -2477.
26. SURVIVABILITY
26.1Bids (ITBs/RFPs/RPSs): The Consultant agrees that any Work Order/Purchase Order that extends beyond the expiration
date of Solicitation 18-7245 Collier County Comprehensive Watershed Improvements Plan resultant of this solicitation will
survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work
Order/Purchase Order.
27. PRINCIPAL/COLLUSION
By submission of this Proposal the undersigned, as Consultant, does declare that the only person or persons interested in
this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest
in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company
or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud.
28. 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.
29. TERMINATION
Should the Consultant be found to have failed to perform services in a manner satisfactory to the County, the County may
terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a
thirty (30) day written notice. The County shall be sole judge of non performance. In the event that the award of this
solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated
at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board’s Procurement
Ordinance.
30. LOBBYING
After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact,
communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed
official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the
final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County
employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed
ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and
Debarment outlined in section Twenty-eight of County Ordinance 2017-08.
31. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (Fl Statute 607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations
in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority
(www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the
solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at
the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the
firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm.
32. SINGLE PROPOSAL
Each Consultant must submit, with their proposal, the required forms included in this RPS. Only one proposal from a legal
entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint
venture submitting as primary may not then act as a sub-consultant to any other firm submitting under the same RPS. If a
legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act
as a sub-consultant to any other firm or firms submitting under the same RPS. All submittals in violation of this requirement
will be deemed non-responsive and rejected from further consideration.
33. PROTEST PROCEDURES
33.1 Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the
form of the solicitation documents or procedures) shall file their protest with the Procurement Director strictly in ac cordance
with the County’s current Procurement Ordinance and policies.
33.2 Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice
of intent to protest with the Procurement Director within t hree (3) calendar days (excluding weekends and County holidays)
of the date that the recommended award is posted.
16.A.21.a
Packet Pg. 584 Attachment: 18-7245 Solicitation (5029 : 18-7245 Watershed Improvement Plan)
18-7245“Collier County Comprehensive Watershed Improvements Plan”
14
33.3 Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructi ons
as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the off ice of the
Procurement Director.
34. 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 busines s
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.
35. SECURITY AND BACKGROUND CHECKS
35.1 The Contractor is required to comply with County Ordinance 2004 -52, as amended. Background checks are valid for five
(5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management Division for all employees that shall
provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and
local law enforcement records, including a state and FBI fingerprint check, credit reports, educ ation, 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.
35.2 All of Contractor’s employees and subcontractors must wear Collier County Government Identification badges at all times
while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date
of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background
check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s business.
35.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-
FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This
notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four
(4) hours of separation may result in a deduction of $500 per incident.
35.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated
upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs.
36. CONFLICT OF INTEREST
Consultant shall complete the Conflict of Interest Affidavit included as an attachment to this RPS document. Disclosure of
any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a fir m
from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract
selection and execution.
37. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or othe r item
of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics
Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a
specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RPS, and/or quotes; and, c. immediate termination of any
contract held by the individual and/or firm for cause.
38. IMMIGRATION LAW AFFIDAVIT CERTIFICATION
38.1 Statutes and executive orders require employers to abide by the immigration laws of t he United States and to employ only
individuals who are eligible to work in the United States.
38.2 The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland Security (DHS) in
partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment
eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements.
The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including
Request for Professional Services (RPS) and construction services.
38.3 Exceptions to the program:
38.3.1 Commodity based procurement where no services are provided.
38.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners
16.A.21.a
Packet Pg. 585 Attachment: 18-7245 Solicitation (5029 : 18-7245 Watershed Improvement Plan)
18-7245“Collier County Comprehensive Watershed Improvements Plan”
15
38.4 Consultants / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment,
at the time of the submission of the Consultant’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly
completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the
company. Consultants are also required to provide the Collier County Procurement Services Division an executed affidavit
certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the
Bidder/Consultant does not comply with providing the acceptable E-Verify evidence and the executed affidavit the bidder’s
/ Consultant’s proposal may be deemed non-responsive.
38.5 Additionally, Consultants shall require all subcontracted Consultants to use the E-Verify system for all purchases not
covered under the “Exceptions to the program” clause above.
38.6 For additional information regarding the Employment Eligibility Verification System (E -Verify) program visit the
following website: http://www.dhs.gov/E-Verify. It shall be the Consultant’s responsibility to familiarize themselves with
all rules and regulations governing this program.
38.7 Consultant acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq.
and regulations relating thereto, as either may be amended and with the p rovisions 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 breac h
of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately.
39. TERM OF CONTRACT
County reserves the right to modify the scope during negotiations.
The contract term, if an award is made, will commence on the date of the Notice to Proceed and end upon acceptance and
approval of the final payment.
Surcharges will not be accepted in conjunction with this award, and such charges should be incorporated into the pricing structure.
16.A.21.a
Packet Pg. 586 Attachment: 18-7245 Solicitation (5029 : 18-7245 Watershed Improvement Plan)
16.A.21.b
Packet Pg. 587 Attachment: 18-7245 - Approved Notice of Recommended Award (5029 : 18-7245 Watershed Improvement Plan)