Loading...
Agenda 03/26/2013 Item #16B2/'1 EXECUTIVE SUMMARY ^, 3/26/2013 16. B.2. Recommendation that the Board of County Commissioners (BCC) acting in its capacity as the Collier County Community Redevelopment Agency (CRA) approve the selection committee rankings and authorize entering into negotiations with CDM Smith, Inc., for a contract related to Request for Proposal Number 13 -5985, "Immokalee Stormwater Improvements — Phase II." OBJECTIVE: To approve the rankings of consulting firms and authorize staff to negotiate a contract in order to secure a firm to provide professional design services for drainage and sidewalk improvements along certain streets within the Immokalee Community Redevelopment Area. The actual construction of the subject improvements will be addressed under a separate solicitation using the construction documents produced by CDM Smith, Inc. ( "CDM"). CONSIDERATIONS: On January 16, 2013, staff issued a Request for Proposal in accordance with Florida Statute § 287.055, the Consultants Competitive Negotiation Act, to select a firm to address drainage and pedestrian facility deficiencies within the Immokalee Community Redevelopment Area. Specifically, the selected firm will be asked to: 1) perform a complete survey and produce construction documents for the entire project area, 2) produce bid documents and assist with the general contractor procurement exercise, and 3) review and rank in order of importance the remaining projects within the existing Immokalee Stormwater Master Plan (as funding allows). Three (3) proposals were received by the February 13, 2013 deadline. The Selection Committee met on March 4, 2013, and ranked the following firms (in order of ranked score): 1. CDM Smith, Inc. 2. Q. Grady Minor and Associates, P.A. 3. RWA Inc. CDM is qualified and has an extensive history with executing similar tasks for Collier County along with other public and private entities throughout Florida. Staff recommends approval of the short list and authorization to commence contract negotiations with the top ranked firm, CDM. After contract terms are agreed upon, staff will return to the BCC for final approval of the proposed contract. The CRA has obtained funding for design and ultimate construction of the subject pedestrian improvements through a grant from the United States Department of Housing & Urban Development (HUD) as administered by the Collier County Department of Housing, Human & Veteran Services under HUD Grant # 12DB-P5-09-2 1 -0 1 -K39 approved by the BCC on May 22, 2012 (agenda item #16D4). FISCAL IMPACT: The funding for each work order assigned under this contract will come from CRA Grant Fund 715, Project 33214, specifically grant Agreement #12DB-P5-09-21-01- K39 as approved by the BCC on May 22, 2012 (agenda item #16D4). Packet Page -644- 3/26/2013 16. B.2. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval—SRT. GROWTH MANAGEMENT EWPACT: There is no Growth Managesient Impact resulting from this action. RECOMMENDATION: That the BCC approve the shortlist for RFP No. 13-5988, Immokalee Stormwater Improvements – Phase H, and authorize staff to negotiate a contract with the top ranked firm, CDM Smith, Inc. Following negotiations, staff will bring a proposed contract back to the Board for its approval. In the event that an agreement cannot bei reached with the top ranked firm, the Board authorizes staff to negotiate with other ranked finis in accordance with Florida Statute § 287.055. Prepared by: Bradley Muckel, Interim Director Collier County CRA - Immokalee Attachments: 1) Selection Committee Ranking Summary 2) Original RFP Document Packet Page -645- 3/26/2013 16.B.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.6.16.6.2. Item Summary: Recommendation that the Board of County Commissioners (BCC) acting in its capacity as the Collier County Community Redevelopment Agency (CRA) approve the selection committee rankings and authorize entering into negotiations with CDM Smith, Inc., for a contract related to Request for Proposal Number 13 -5988, "Immokalee Stormwater Improvements - Phase II." Meeting Date: 3/26/2013 Prepared By Name: MuckelBradley Title: Project Manager, 3/13/2013 12:36:18 PM n Submitted by Title: Project Manager, Name: MuckelBradley 3/13/2013 12:36:20 PM Approved By Name: NorthrupAdam Title: Procurement Strategist, Purchasing Date: 3/13/2013 2:20:47 PM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 3/13/2013 3:30:01 PM Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 3/13/2013 5:24:34 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Packet Page -646- 3/26/2013 16.B.2. Date: 3/14/2013 10:06:56 AM n Name: KlatzkowJeff Title: County Attorney Date: 3/14/2013 10:50:16 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 3/15/2013 10:55:43 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 3/15/2013 12:43:15 PM Name: KlatzkowJeff Title: County Attorney Date: 3/15/2013 3:04:32 PM Name: OchsLeo Title: County Manager Date: 3/15/2013 4:16:47 PM Packet Page -647- 3/26/2013 16.B.2. Packet Page -648- O O 00 O CO O LL M N r CD N N Co Q d _ E N E 0 0 H { peC ix M C \ Cn LL Vi M N yN3 CD d V t N'. Qi r M 1 _ - �a) d vZ m N M r 2 iN+ i V IM O Q i 0 w M m 4 p m m Z O C = V 0 � .� -0 L)�' LL LL � � o C� x U a Packet Page -648- 3/26/2013 16.B.2. REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. f° y COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 13 -5988 — .Immokalee Stormwater Improvements Phase II Adam Northrup, Procurement Strategist 239 - 252 -6098 (Telephone) 239 - 2526302 (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. Pad Dwa no- 3327 Taman Tra4 East - Maples. FzWz 341124901 • www.oAiv f.netVwdwsR Packet Page -649- 3/26/2013 16.B.2. Table of Contents LEGALNOTICE ......................................................................................... ............................... 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ..................... 4 EXHIBIT IA: GRANT CONDITIONS AND FORM ........................................ .............................13 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ...............18 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP ............. .............................22 ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT ................. .............................29 ATTACHMENT 2: VENDOR CHECK LIST .................................................. .............................30 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT .......................... .............................31 ATTACHMENT 4: VENDOR DECLARATION STATEMENT ....................... .............................32 ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION ............... .............................34 ATTACHMENT 6: VENDOR SUBSTITUTE W — 9 ....................................... .............................35 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS .......... .............................36 ATTACHMENT 8: REFERENCE QUESTIONNAIRE ................................... .............................38 ATTACHMENT 9: AFFIDAVIT AND CERTIFICATION FOR CLAIMING STATUS AS A .........39 SECTION 3 BUSINESS FOR FORMAL SOLICITATIONS .......................... .............................39 ATTACHMENT 10: GRANTING AGENCY REQUIREMENTS ..................... .............................40 Packet Page -650- 3/26/2013 16.8.2. Legal Notice Pursuant to approval by the County Manager, sealed proposals to provide design and preparation of bid documents for Immokalee Stormwater Improvements, will be received until 3:00PM, Naples local time, on February 13, 2013 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. CCNA Solicitation 13 -5988 — Immokalee Stormwater Improvements, Phase II Services to be provided may include, but not be limited to the following: Hydrologic analysis, design, surveying, permitting, opinion of probable costs (OPC) and bidding assistance. A non - mandatory pre - proposal conference will be held on January 24, 2013, commencing promptly at 3:30PM Naples local time and will be held in the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 All statements shall be made upon the official proposal form which must be obtained only on the Collier County Purchasing Department E- Procurement website: www.collieraov.net /bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Interim Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.coilieraov.net/purchasing and in the Lobby of Purchasing Building "G ", Collier County Government Center on 01 /16/2013. Packet Page -651- 3/26/2013 16.B.2. /1-�, Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Community Redevelopment Agency (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 firms 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 herein. Brief Description of Purchase This solicitation is intended to collect proposals from qualified firms to provide for design and consultation services, including the preparation of construction documents to achieve the follow two objectives: 1) Alleviate flooding conditions within the project area; and, 2) Reduce the amount of contaminants in the stormwater that ultimately ends up in downstream waters of the Lake Trafford Slough. Background In 2005 H. W. Lochner, Inc. created The Immokalee Stormwater Master Plan (ISWMP) as commissioned by The South Florida Water Management District's Big Cypress Basin in order to � address historical flooding and water quality issues in Immokalee. The study involved an analysis of problems and needs, data collection, hydrologic and hydraulic modeling, water quality analysis, evaluation of alternative solutions, initial cost estimates and development of conceptual designs. That overarching Plan included six individual projects located throughout the Immokalee Urban Designated Area. Since 2009 The Collier County Community Redevelopment Agency (CRA) has been implementing the Plan on a project -by- project basis. The six projects identified in the Plan are: 1. Downtown Immokalee 2. Immokalee Drive 3. Madison Ditch 4. Slough Cross Drain Additions 5. Lake Trafford Road Culvert Upgrades 6. Fish Creek The Downtown Immokalee drainage improvement project is currently nearing completion. Detailed Scope of Work INTRODUCTION The Collier County CRA now intends, through this solicitation, to 1) provide design and consultation services to prepare bid documents for the project known as Immokalee Drive (in its ^ entirety), 2) to make additional drainage and sidewalk improvements to the Downtown Project Packet Page -652- 3/26/2013 16. B.2. area as the budget allows, and 3) to evaluate and rank the remaining projects and other I*—N geographic problem areas not addressed in the ISWMP. This will require hydrologic analysis, design, surveying, permitting, opinion of probable costs (OPC) and bidding assistance. TASKS: (intended to be completed in order listed) Task I – Site Survey and Construction Documents • The consultant will design and prepare the construction plans and specifications for the Immokalee Drive project. The design in intended to include sidewalks wherever possible. • The consultant will also design and prepare sidewalk construction plans within the recently completed Downtown Immokalee Project Area wherever possible, based on existing right -of -way space and impervious capacity of the existing stormwater conveyance system. These designs should include details related to drainage improvements required to accommodate the proposed sidewalk. • Define the general service area for the project, the beneficiaries and the objectives. These objectives need to define the role of the project in achieving stormwater management/flood mitigation and water quality. Clear definition of environmental objectives regarding pollution and flood reduction should be communicated. • The consultant will provide survey and professional engineering services necessary to prepare, submit, and secure permits. o Horizontal control will be based on NAD 83 State Plan Florida East Zone and vertical control in NAVD 88. o Locate property and section corners to establish and verify the ROW or existing easement lines. o Prepare an engineer's opinion of probable cost (30 %) and provide project schedule. • Prepare complete plans incorporating all utility information provided by the utility owners, and identify and resolve conflicts with stormwater facilities. • Analyze the record drawings provided by The Immokalee Water & Sewer District (IW &SD) and identify all potential conflicts with the proposed drainage system on the plans. • Consult with the Big Cypress Basin Board of the SFWMD and provide grant compliance. • Attend 60% and 90% design progress meetings with client to review complete plans and incorporate comments provided by all reviewers. • Provide revised/ updated cost estimates at 30 %, 60 %, 90% and 100% design phases complete with utility conflict line items. Packet Page -653- 3/26/2013 16.B.2. • The workshould include consultant services to cover project's design as it relates to ecological compliance, geotechnical evaluation to quantify possible unsuitable materials excavation /hauling, road crossings and driveway restorations should it be necessary for construction, and hydrological evaluation. • Prepare for and assist with three 2qbk meetings (in addition to meetings required for task one.) • Prepare and submit all required permit packages for the Immokalee Drive infrastructure improvement project and Downtown Sidewalks, including but not limited to: SFWMD ERP, FDOT /Right -of -way, SFWMD dewatering, and FDEP wastewater. The permit process includes attending up to 3 meetings with the permitting agencies, responding to review comments, plan revisions, calculations, and reports as may be required to obtain the permits. • Prepare final plans incorporating all utility information provided by the utility owners or other reviewers, quantity take -off, bid schedule and construction specifications along with an engineer's opinion of probable cost. • Plan preparation requirements o Utilize current design standards and construction specifications set by the Florida Department of Transportation (FDOT), to the greatest extent possible. /0—N, o Required plan production software is Autodesk AutoCAD /Civil 3D, following the NCS "CAD Standards ". c On the plans, identify all needed parcels for permanent as well as temporary easements; provide "Sketch and Legals." Task II — Project Bidding and Construction Assistance • Assist during the bidding phase of the project: generate bid docs and attend the pre -bid conference to respond to questions or issues raised by potential bidders. Addenda preparation as required. • Provide final cost estimate incorporating design changes due to bidder comments. • Assist during the construction phase of the project as needed: Provide engineering design clarification, construction advice, shop drawing review and approval, and any plan revisions due to changes required during the actual construction phase as needed. • Provide three (3) paper copies of final as -built drawings and record drawings and one electronic copy. • Complete South Florida Water Management District completion certification. Task III — Records Research and Executive Report Packet Page -654- 3/26/2013 16.B.2. • Review the remaining projects within the existing Immokalee Stormwater Master Plan, ^ available right -of -way records, flood records and records related to existing utilities. • Prepare for and attend two (2) public meetings to garner input from the community on other geographic areas not considered in the original Lochner SWMP. • Utilize a ranking matrix to prioritize the stormwater improvement needs obtained from the Immokalee Stormwater Master Plan and public meetings using the following parameters: • Priority needs identified by the Immokalee Community Redevelopment Agency Advisory Board • Improvement in Level of Drainage Service • Improvement in Environmental Quality • Incentive for Redevelopment Activities • Budget/Cost • Land Acquisition Need and Feasibility • Permitting Complexity • Adequacy of existing and proposed stormwater outfalls • Time to Project Completion • Benefit to residential land uses (units) • Benefit to commercial land uses (acres) • Benefit to agricultural land uses (acres) • Benefit to conservation /natural land uses (acres) • Project completion from a downstream to upstream (normal stormwater flow direction) progression. • In cooperation with CRA staff and County Grants Specialist, consider the appropriateness of available grant programs for each prioritized project in the Master Plan. Provide a separate list that identifies grant opportunities by project. • Recommend an implementation sequence for the projects. Prepare an Executive Report summarizing the Task III findings, prioritized list of recommended projects for design and construction, and list illustrating grant opportunities. Coordination with the CRA Advisory Board must be performed during this task. MINIMUM DELIVERABLES: • Executive Report • Schedule (should include the following minimum milestones): o Records Research ( Stormwater Master Plan, IW &SD Record Drawings, Existing Utility Infrastructure, ROW Ownership Documentation) o Surveying 0 30% Design 0 60% Design 0 90% Design o Permitting ^ Packet Page -655- 3/26/2013 16.B.2. o Right of Way Acquisition o Bid Documents (100% design) o Construction Activity Phase o Final South Florida Water Management District completion certification • Provide one (1) overall CAD file for the Immokalee Drive project containing all of the survey points, line work, symbols, DTM and SUE information (where applicable). This file will be an AutoCAD Civil 3D file and will be to current Collier County Transportation Division standards as directed by the County (attached). • Provide one (1) copy of the final Immokalee Drive plans signed and sealed by a Florida Professional Engineer. • Provide one (1) copy of the various design stages of the Immokalee Drive project (30 %, 60 %, and 100 %) for internal review. Additional copies of those plans shall be submitted to the utility owners by the consultant as part of the utility coordination effort. • Final Opinion of Probable Costs (OPC) for Immokalee Drive. • One (1) hard copy of the final as -built drawings for Immokalee Drive. • Design and as -built drawings to comply with Collier County Transportation Services Division standard specifications. These drawings will be done in AutoCAD Civil 3D. 11—N Bid documents: 100% design, bid sheet (schedule of values), RFI's (for Immokalee Drive project). All of the above tasks are meant to serve as a general outline of anticipated steps needed to accomplish project goals. It is recognized that adjustment to this Scope of Services may be need to be negotiated prior to the execution of the final contractbetween the CRA and consultant. Term of Contract The contract term, if an award(s) is /are made is intended to be for current needs only. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon budget availability and program manager approval. 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 Packet Page -656- 3/26/2013 16. B.2. Issue Solicitation Notice 01/16/2013 Last Date for Receipt of Written Questions 3:OOPM, 02/04/2013 Non - mandatory pre - solicitation meeting 3:OOPM, 01/24/2013 Solicitation Deadline Date and Time 02/13/2013, 3:00pm Naples Local Time Anticipated Evaluation of Submittals Week of 02/18/2013 Consultant Presentations if Required Week of 02/25/2013 Anticipated Completion of Contract Negotiations Week of 03/04/2013 Anticipated Board of County Commissioner's Contract Approval Date March 2013 Response Format The Consultant understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Consultant further agrees that if the contract is awarded the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non - responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Consultant's approach and ability to meet the County's needs, as stated in the RFP. All proposals should be presented as described in the RFP in PDF or Microsoft Word format with Tabs clearly marked. If applicable, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be 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 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 (25 points) In this tab, include (7 -10 pages): • Description of the proposed contract team and the role to be played by each member of the proposed team. Packet Page -657- 3/26/2013 16.B.2. • 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, Experience and Capacity of Firm (30 points) Provide information that documents your firm'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. Also describe the various team members' successful experience in working with one another on previous projects. 4. Tab IV, Specialized Expertise of Team Members (25 points) 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. The same should be done for 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 shall total each of the Consultant's five reference questionairs 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 first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Packet Page -658- 3/26/2013 16.8.2. Consultant.hlame . ,Consultant Total Rieference .Scare f"onts:A�varcietl 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, 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, 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. 7. Tab VII, Required Form Submittals • Attachment 2: Vendor Checklist • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Form' • Attachment 5: Immigration Affidavit and company's E- Verify profile page and memorandum of understanding • Attachment 6: Vendor Substitute 9 • Attachment 7: Insurance Requirements • Attachment 8: Reference Questionnaire • CDBG Supplemental: Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions • CDBG Supplemental: Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Lower Tier Covered Transactions • CDBG Supplemental: Affidavit for and Certification for Claiming Status as a Section 3 Business • CDBG Supplemental: General Grant Clauses • CDBG Supplemental: Acknowledgement of Religious Organization Requirements 24 CFR 570.2000) • CDBG Supplemental: Conflict of Interest Affidavit • CDBG Supplemental: Certification for a Drug Free Workplace Packet Page -659- 3/26/2013 16.B.2. • CDBG Supplemental: Disclosure of Lobbying Activities • Other: License, certifications, informational materials, etc. 8. Tab VIII, Section 3 Requirements (4-5 20 points) • Provides evidence of Section 3 Certification (15 points), of and • Identifies commitment to train Section 3 residents (5 points) Packet Page -660- 3/26/2013 16.B.2. Exhibit IA: Grant Conditions and Form Attached, and included by reference are the Grant Conditions and Forms and downloaded at the County's Online Bidding System. Packet Page -661- Exhibit ll: General RFP Instructions 1. Questions 3/26/2013 16.B.2. Direct questions related to this RFP to the Collier County Purchasing Department E- Procurement website: www.collierqov.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 E- Procurement 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 11-IN 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 Packet Page -662- 3/26/2013 16.B.2. All proposals are to be delivered before 3:OOPM, Naples local time, on or before Wednesday February 13"', 2013 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Adam Northrup Procurement Strategist The County shall not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and /or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the Purchasing /General Services Director, or designee, shall reserve 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 shall 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 13 -5988 — Immokalee Stormwater Improvements, Phase II and six (6) compact disks (CD's) with one copy of the proposal on each CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Consultant makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 87 -25, and Collier County Resolution Number 2006 -268 establishing and adopting the Collier County Purchasing Policy. If the County receives proposals from less than three (3) firms, the Purchasing Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals. The County may, as it deems necessary, conduct discussions with qualified Consultants determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals Collier County will evaluate and select these Services in accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. Packet Page -663- 3/26/2013 16. B.2. The County's procedure for selecting is as follows: 1. The County Manager 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 and Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings shall be open to the public and the Procurement Strategist shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance of all such meetings. 5. The committee members shall 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 shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Procurement Strategist shall also post prior notice of all subsequent committee meetings and shall 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, Would the project manager expect to have presentations /interviews? If yes, you might want to r consider adding criteria for presentation /interview interviews, or oral presentations. 8. The Selection Committee, as approved by the County Manager, will review, evaluate and rank all responsive proposals received from Proposers responding to this RFP. The committee members shall 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 does not preclude the County from having additional presentations by ranked firms. 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. Packet Page -664- 3/26/2013 16. B.2. Receipt of a proposal by the County or a submission of a proposal to the County offers ^ no rights upon the Consultant nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall 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 shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. 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 the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Consultant, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Consultant or to re- advertise using the same or revised documentation, at its sole discretion. Packet Page -665- 3/26/2013 16.B.2. 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 Packet Page -666- Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and /or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. Warranties VENDOR expressly warrants that the goods and /or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to 3/26/2013 16.B.2. 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. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and /or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and /or services to be provided hereunder. 11. Warranty of Non - Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and /or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or Packet Page -667- 3/26/2013 16.B.2. ^ 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 Packet Page -668- C) d) deemed a waiver of any subsequent default by VENDOR. 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. 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 3/26/2013 16.B.2. Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and /or Conditions that are most favorable to the County and /or provide the greatest protection to the County shall govern. Packet Page -669- 3/26/2013 16.B.2. Exhibit IV: Additional Terms and Conditions for RFP 1 Insurance and Bonding Requirements The Consultant shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Consultant shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Consultant waive against each other and the County's separate Consultants, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Consultant and County shall, where appropriate, require similar waivers of subrogation from the County's separate Consultants, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Consultant under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County.The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Consultant has any self- insured retentions or deductibles under any of the below listed minimum required coverage, Consultant must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be Consultant's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Consultant and /or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Consultant. The Consultant shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Consultant from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant Packet Page -670- 3/26/2013 16.8.2. hereunder, Consultant shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Consultant not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Consultant for such coverage(s) purchased. If Consultant fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Consultant under this Agreement or any other agreement between the County and Consultant. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Consultant shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Consultant to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful Consultant extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful Consultant. 3. Additional Items and /or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 51 % or more of the solicitation amount for said work. 5. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Consultant's facilities /project site during and after each work assignment the Consultant is performing. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts /agreements, approved by the Board of County Commissioners (BCC). The selected Consultant shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and /or service agreements or other documents provided by the Consultant. 7. This item purposely removed. Packet Page -671- 3/26/2013 16.9.2. 8. This item purposely removed. ^ 9. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Consultant'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: bccagclerk(a'_)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 shall 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 shall be submitted to the Project Manager on a monthly basis by the Consultant 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 must 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 Consultant or contractor for services performed of for materials delivered in association with a contract. Packet Page -672- 3/26/2013 16.B.2. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 10. Environmental Health and Safety All Consultants and Sub vendors 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 vendors 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. 11. 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. 12. Survivability Bids (ITBs /RFPs): The Consultant/ContractorNendor agrees that any Work Order /Purchase Order that extends beyond the expiration date of Solicitation #13 -5988 Immokalee Stormwater Improvements, 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. 13. Principals /Collusion Packet Page -673- 3/26/2013 16. B.2. 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. 14. 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. 15. 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. 16. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 17. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.org /search.htmi . A copy of the document shall 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. 18. 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. 19. Protest Procedures Packet Page -674- 3/26/2013 16.B.2. Any actual or prospective Consultant to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier ^ County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. 20. Public Entity Crime A person or affiliate who has been placed on the convicted vendor 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 vendor list. 21. Security and Background Checks If required, 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. 22. 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. 23. 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. Packet Page -675- 3/26/2013 163.2. 24. Immigration Law Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Consultants / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Consultants are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If the Bidder /Consultant does not comply with providing the acceptable E- Verify evidence and the executed affidavit the bidder's / Consultant's proposal may be deemed non - responsive Additionally, Consultants shall require all subcontracted Consultants to use the E- Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http: / /www.dhs.gov /E- Verify. It shall be the Consultant's responsibility to familiarize themselves with all rules and regulations governing this program. Consultant acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Packet Page -676- 3/26/2013 16.B.2. Attachment 1: Vendor'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 Vendors 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 13 -5988 Immokalee Stormwater Improvements —Phase II for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications /scope of work. ❑ Specifications /scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date Packet Page -677- 3/26/2013 16.B.2. Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor 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. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Adam Northrup, Procurement Strategist CCNA Solicitation: 13 -5988 — Immokalee Stormwater Improvements - Phase II ❑ The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER - DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date Packet Page -678- 3/26/2013 16.B.2. 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 Purchasing /General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and /or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this day of 20 by , who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires Packet Page -679- 3/26/2013 16. B.2. Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation: 13 -5988 — Immokalee Stormwater Improvements - Phase II Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by CCNA Solicitation: 13 -5988 — Immokalee Stormwater Improvements — Phase 11. 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 Telephone: FAX: Signature by: (Typed and written) Title: Packet Page -680- 3/26/2013 16.B.2. Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State, ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Packet Page -681- 3/26/2013 16.B.2. mm Attachment 5: Immigration Affidavit Certification CCNA Solicitation: 13 -5988 — Immokalee Stormwater Improvements — Phase II 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, Vendors / 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 vendor'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 Vendor/ Bidder's proposal as non - responsive. Collier County will not intentionally award County contracts to any vendor 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 vendor 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. Vendor 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 Vendor's / Bidder's proposal. Company Name Print Name Signature State of County of Title Date The foregoing instrument was signed and acknowledged before me this day of , 20_, by who has produced (Print or Type Name) Notary Public Signature Printed Name of Notary Public Notary Commission Number /Expiration as identification. (Type of Identification and Number) The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. Packet Page -682- 3/26/2013 16.B.2. Attachment 6: Vendor 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 I State Telephone FAX Order Information Address City State Zip _ FAX Email 2. Company Status (check only one) Zip Email Remit / Payment Information Address City State Zip FAX Email _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) (Vendors 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, l certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number Packet Page -683- 3/26/2013 16.B.2. xxr cy Admir*9#:ah%e Services Division Pumhawng Attachment 7: Insurance and Bonding Requirements Insurance;lBntl Type! Regrired %+mits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $ single limit per occurrence, $2,000,000 aggregate for Bodily ISO form Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the 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 $ 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 $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate Packet Page -684- 3/26/2013 16.B.2. • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and 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. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor 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. Vendor'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 Vendor Signature Print Name Insurance Agency Agent Name Packet Page -685- Date Telephone Number y Semioas WSW pu"as f Attachment 8: Reference Questionnaire Solicitation: 13 -5988 — Immokalee Stormwater Improvements — Phase II Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) Email: FAX: 3/26/2013 16.B.2. (Evaluator's Company completing reference) 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: Change Orders - Dollars Added : Project Number of Days: Change Orders - Days Added: Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Close out project process (final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow County policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS n 'lease FAX this completed survey to: Packet Page -686- By 3/26/2013 16.6.2. Attachment 9: Affidavit and Certification for Claiming Status as a Section 3 Business for Formal Solicitations Solicitation # 13 -5988 — Immokalee Stormwater Improvements — Phase II This project is subject to the provisions of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 u). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by certain HUD Housing and /or Community Development Assistance shall, to the greatest extent feasible, and consistent with existing Federal, State, and local law and regulations, be directed to low- and very-low income persons and to business concerns which provide economic opportunities to low- and very-low income persons. A Section 3 business concern is defined as follows: 1. That is 51 % or more owned by Section 3 residents; or 2. Whose permanent, full -time employees include persons, at least 30% of whom are currently Section 3 residents, or within three years of the date of first employment with the business concern were Section 3 residents; or 3. That provides evidence of a commitment to subcontract in excess of 25% of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications set forth in section one or two above. In conformance with Section 3 federal regulations (24 CFR Part 135), Collier County shall direct efforts to award Section 3 covered contracts, to the greatest extent feasible, to Section 3 business concerns in the order of priority listed below: 1. Category 1 businesses: Section 3 business concerns that provide economic opportunities for Section 3 residents in the service area or neighborhood in which the Section 3 covered project is located; 2. Category 2 businesses: Applicants (as this term is defined in 42 U.S.C. 12899) selected to carry out HUD HOUSING AND /OR COMMUNITY DEVELOPMENT ASSISTANCE Youthbuild programs; 3. Category 3 businesses: Other Section 3 business concerns. A business concern seeking to qualify for a Section 3 contracting preference shall certify that the business concern is a Section 3 business concern as described above. Vendor Name: Address: Signature: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Date: Title: Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of 120 Notary Public My Commission Expires: Packet Page -687- (AFFIX OFFICIAL SEAL) 3/26/2013 16.B.2. Attachment 10: Granting Agency Requirements n 1. CDBG Supplemental Conditions 2. State and Federal Statutes and Regulations 3. Federal Labor Standards 4. Section 3 Support Documents S. HUD's regulations in 24 CFR part 135, which implement Section 3 6. Section 3 Summary Report 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions 8. General Grant Clauses 9. Acknowledgement of Religious Organization Requirements [24 CFR 570.200(j)] 10. Disclosure of Lobbying Activities Packet Page -688-