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Agenda 03/24/2020 Item #16E 9 (RPS #18-7432-RB - Professional Services)03/24/2020 EXECUTIVE SUMMARY Recommendation to approve the selection committee’s ranking of Request for Professional Services (“RPS”) No. 18-7432-RB, “Professional Services Library - Road & Bridge Study, Planning and Design Category,” and authorize staff to begin contract negotiations with the top twelve ranked firms, so that proposed agreements may be brought back for the Board’s consideration at a subsequent meeting. OBJECTIVE: To obtain approval of the selection committee’s ranking of consultants so that staff can negotiate contracts pertaining to professional services to be used by County departments to facilitate projects for operations and capital project implementation. CONSIDERATIONS: This RPS sought consultants willing to enter into professional service contracts to provide small supplemental engineering services to the County’s Project Managers for road and bridge projects. The eventual contracts sought to be issued under this RPS will be used for professional services on projects that are no greater than $200,000, and where any related construction project is valued under two million dollars, or the maximum amount allowable by law. With the assistance of operating staff, the Procurement Services Division developed a solicitation for these services consistent with Florida’s Consultants’ Competitive Negotiation Act, Section 287.055, Florida Statutes (the “CCNA”). On November 5, 2019, the Procurement Services Division released notices of Request for Professional Services 18-7432-RB, Professional Services Library - Road & Bridge Study, Planning and Design Category. Staff notified 6,466 firms, 140 firms viewed/downloaded the solicitation information, and the County received eighteen (18) proposals by the January 13, 2020 due date. Staff determined all eighteen firms to be responsive and responsible. A selection committee met on February 13, 2020 and scored each of the proposals and ranked the firms as listed below. Company Name Final Ranking Jacobs Engineering Group Inc. 1 Johnson Engineering, Inc. 2 Stantec Consulting Services Inc. 3 Capital Consulting Solutions LLC 4 AIM Engineering & Surveying, Inc. 5 Atkins North America, Inc. 6 Cardno, Inc. 7 Rummel, Klepper & Kahl, LLP, d.b.a. RK&K 8 Agnoli, Barber & Brundage, Inc. 9 Kisinger Campo & Associates, Corp., d.b.a. KCA 10 DRMP, Inc. 11 T.Y. Lin International 12 Stanley Consultants, Inc. 13 Tindale-Oliver & Associates, Inc. 14 Hanson Professional Services Inc. 15 GHD Services Inc. 16 CW3 Engineering, Inc. 17 American Structurepoint, Inc. 18 The selection committee determined that twelve (12) firms are sufficient to address the volume of work 16.E.9 Packet Pg. 1052 03/24/2020 that will arise under this agreement. In accordance with the CCNA, staff is seeking board direction to begin negotiations with the top twelve ranked firms: (1) Jacobs Engineering Group Inc., (2) Johnson Engineering, Inc., (3) Stantec Consulting Services Inc., (4) Capital Consulting Solutions LLC, (5) AIM Engineering & Surveying, Inc., (6) Atkins North America, Inc., (7) Cardno, Inc., (8) Rummel, Klepper & Kahl, LLP, d.b.a. RK&K, (9) Agnoli, Barber & Brundage, Inc., (10) Kisinger Campo & Associates, Corp., d.b.a. KCA, (11) DRMP, Inc., and (12) T.Y. Lin International. Proposed contracts will be brought back for the Board’s consideration at a subsequent meeting. FISCAL IMPACT: Funds are available in various department budgets that use these agreements. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK GROWTH MANAGEMENT IMPACT: There is no direct impact on the Growth Management Plan. RECOMMENDATION: To approve the selection committee’s ranking of Request for Professional Services No. 18-7432-RB, “Professional Services Library - Road & Bridge Study, Planning and Design Category,” and authorize staff to begin contract negotiations with the top twelve (12) ranked firms, so that proposed agreements can be brought back for the Board’s consideration at a subsequent meeting. Prepared by: Evelyn Colon, Procurement Manager - Acquisitions ATTACHMENT(S) 1. 18-7432-RB Solicitation (PDF) 2. 18-7432-RB Final Ranking (PDF) 3. FEMA Provisions Assurances 97.036 (PDF) 4. 18-7432-RB NORA (PDF) 16.E.9 Packet Pg. 1053 03/24/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.9 Doc ID: 11856 Item Summary: Recommendation to approve the selection committee’s ranking of Request for Professional Services (“RPS”) No. 18-7432-RB, “Professional Services Library - Road & Bridge Study, Planning and Design Category,” and authorize staff to begin contract negotiations with the top twelve ranked firms, so that proposed agreements may be brought back for the Board’s consideration at a subsequent meeting. Meeting Date: 03/24/2020 Prepared by: Title: Procurement Specialist – Procurement Services Name: Evelyn Colon 02/28/2020 2:29 PM Submitted by: Title: Manager - Procurement – Procurement Services Name: Sandra Herrera 02/28/2020 2:29 PM Approved By: Review: Procurement Services Sandra Herrera Additional Reviewer Completed 03/01/2020 1:45 PM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 03/02/2020 8:55 AM Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 03/02/2020 4:09 PM Grants Erica Robinson Level 2 Grants Review Completed 03/03/2020 12:10 PM Grants Carrie Kurutz Additional Reviewer Completed 03/03/2020 3:34 PM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 03/09/2020 4:44 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 03/12/2020 12:39 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/12/2020 12:44 PM Office of Management and Budget Laura Wells Additional Reviewer Completed 03/12/2020 3:48 PM Grants Therese Stanley Additional Reviewer Completed 03/13/2020 1:57 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/17/2020 9:40 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/18/2020 9:50 AM Board of County Commissioners MaryJo Brock Meeting Pending 03/24/2020 9:00 AM 16.E.9 Packet Pg. 1054 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROFESSIONAL SERVICES (RPS) In accordance with Florida Statute 287.055 Consultants’ Competitive Negotiation Act FOR PROFESSIONAL SERVICES LIBRARY ROAD & BRIDGE STUDY, PLANNING AND DESIGN CATEGORY RPS NO.: 18-7432-RB EVELYN COLON, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-2667 Evelyn.Colon@colliercountyfl.gov (Email) This proposal solicitation document is prepared in a Microsoft Word format (rev 8/16/17). Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.E.9.a Packet Pg. 1055 Attachment: 18-7432-RB Solicitation (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge Category) SOLICITATION PUBLIC NOTICE REQUEST FOR PROFESSIONAL SERVICES (RPS) NUMBER: 18-7432-RB PROJECT TITLE: PROFESSIONAL SERVICES LIBRARY: ROAD & BRIDGE STUDY, PLANNING AND DESIGN CATEGORY RPS OPENING DAY/DATE/TIME: December 4, 2019 at 3:00 P.M. PLACE OF RPS OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas/ INTRODUCTION As requested by the Growth Management Department (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Request for Professional Services (hereinafter, “RPS”) with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance, as amended. The purpose of this solicitation is to acquire multiple qualified firm(s) to provide engineering services on an as needed basis in the ROAD & BRIDGE STUDY, PLANNING AND DESIGN CATEGORY. Historically, County departments have spent approximately $3,929,434.75 over the previous 5-year period; however, this may not be indicative of future buying patterns. BACKGROUND The Collier County Board of County Commissioners, in compliance with Florida Statute 287.055, Consultants’ Competitive Negotiation Act, is seeking proposals from qualified and experienced engineering firms to perform continuing professional services, under the ROAD & BRIDGE STUDY, PLANNING AND DESIGN CATEGORY of the County’s Professional Services Library. All work awarded under this contract will be for projects in which the estimated construction cost of each individual project does not exceed $2 million, and professional services for each individual project does not exceed $200,000. All work will be performed in accordance with industry standards and comply with applicable laws, and regulations. TERM OF CONTRACT The contract term, if awards are made, is intended to be for one (1) five (5) year term with a single one (1) year renewal option at the sole discretion of the County. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. DETAILED SCOPE OF WORK The Successful firms shall be required to work in close cooperation/coordination with Collier County staff. Work Orders will be assigned on an as needed basis, and may include but not limited to the following types of professional services in the Road and Bridge Study, Planning and Design field: • Bridge Development Report 16.E.9.a Packet Pg. 1056 Attachment: 18-7432-RB Solicitation (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge Category) • Bridge Hydraulic Report • Preliminary Engineering Analysis and Design (typically up to 30% complete plans) • Roadway alignment/corridor study (traffic counts, traffic modelling, capacity analysis, level of service analysis) • Storm water/surface water management system design (pond siting, drainage analysis) • Cost estimating • Design Criteria Package preparation (Design Build Projects) • Noise studies • Highway Safety Improvement Study (intermodal, road audits, pedestrian safety upgrades) • Environmental permitting, and mitigation banking • Workshop • Grant preparation assistance DISTRIBUTION OF WORK Professional Services Library Rotation 1. Work assignments within each service category are awarded on a rotational basis by the Procurement Division. 2. For each service category, the Procurement Division will place qualifying firms in the Professional Services Library in the order they are ranked, with the highest scoring firm placed in the first position in the rotation. 3. As each work assignment is identified the next firm in the rotation will be offered the opportunity to negotiate that work assignment with the County’s Ad ministrative Agent. 4. Should a firm decline a work assignment or be unable to reach a satisfactory fee negotiation with the County within a reasonable time frame, the County will contact the next firm on the list until the work assignment is successfully negotiated. 5. Firms will have the option of rejecting one work assignment within each service category within a twelve (12) month period without penalty. A second work assignment rejection within any twelve (12) month period will cause the firm to be skipped in the rotation. A firm who rejects three (3) work assignments (or is unable to satisfactorily negotiate 3 work assignments) in any twelve (12) month period may be removed from the service category at the direction of the Procurement Services Division Director. 6. Firms wishing to reject a work assignment for any reason must complete a Work Assignment Rejection Notification Form. A copy of this completed form must be provided to the Procurement Division by the County’s Administrative Agent. 7. Once a full rotation through all firms in a service category is complete, a method that attempts to impart an equitable distribution of work among selected firms will be based on prior dollars awarded; with the firm having received the least amount of dollars being considered for the next work assignment. Professional Services Library - Direct Selection For work assignments requiring unique experience or knowledge, including past experience on another phase of the project, the County project manager may formally request permission to forego the rotation and select a specific firm. This request will require the completion of a Work Assignment Direct Select Form, which requires the approval of both a Division Director and the Procurement Services Director. Firms that are directly selected for a work assignment as a result of this process shall be passed on their next scheduled turn in the rotation. REQUEST FOR PROFESSIONAL SERVICES (RPS) LIBRARY PROCESS 1.1 The selection process will involve a qualifications-based proposal review in order to qualify a library of consulting firms to perform various County projects. The consulting firms will submit a qualifications proposal, based on the criteria detailed below (Response Format and Scoring Criteria for Development of Shortlist), which will be the basis for scoring, ranking, and determining the number of firms that will be awarded. The consulting firms will need to meet the minimum requirements outlined in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then produce a final ranking for approval by the Board of County Commissioners. Upon approval, the County will enter into negotiations with the selected firms. With successful negotiations, contracts will be developed with the selected firms, and subsequent individual work orders issued based on the distribution of work explained above. 16.E.9.a Packet Pg. 1057 Attachment: 18-7432-RB Solicitation (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge Category) 1.2 The COUNTY will use a Selection Committee in the RPS selection process. 1.3 The intent of the scoring of the qualifications proposal, is for consultants to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 1.4 Based upon a review of these qualification proposals, the firms will be scored, ranked, and recommended for award to the Board of County Commissioners. 1.5 Once the award recommendation is approved, the COUNTY will enter into negotiations with the awarded firms. Upon successful negations, the firms will be assigned to the Professional Services Library. RESPONSE FORMAT AND SCORING CRITERIA FOR DEVELOPMENT OF SHORTLIST: 1.6 This evaluation criterion will be utilized by the COUNTY’S Selection Committee to score each proposal. Consultants are encouraged to keep their proposals concise and to include a minimum of marketing materials. Proposals must address the following criteria: STEP 1 Evaluation Criteria Maximum Points 1. Ability of Professional Personnel 30 Points 2. Certified Minority Business Enterprise 5 Points 3. Past Performance 30 Points 4. Location 15 Points 5. Recent, Current, and Projected Workloads of the Firm 20 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the RPS submittal deadline. Payment information will be retrieved from the County’s financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnesses. ----------------------------------------------------------------------------------------------------------------------------------------------- Each criterion and methodology for scoring is further described below. ***Proposals must be assembled, at minimum, in the order of the Response Format and Scoring Criteria listed or your proposal may be deemed non-responsive*** EVALUATION CRITERIA NO. 1: ABILITY OF PROFESSIONAL PERSONNEL (30 Total Points Available) This criterion measures the ability of professional team personnel as shown by their level of experience on projects of similar type, size and complexity. This criterion measures how well the team is staffed to address all facets of the project. It measures how well the team is organized to deliver the project for the COUNTY. Preference will be given to teams with knowledge and experience with local construction and regulatory conditions and who demonstrate a strong commitment to team collaboration proximate to the project site. Preference will also be given to teams (both individual within the teams and the companies making up the team) that have worked together on successful delivery of similar projects. It measures the overall level of the team’s qualifications to successfully complete the project. EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points Available) Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Minority Business Enterprise EVALUATION CRITERIA NO. 3: PAST PERFORMANCE (30 Total Points Available) This criterion measures the professional team’s past experience with projects similar in size, type and complexity as this project. The professional teams will be evaluated on their ROAD & BRIDGE STUDY, PLANNING AND DESIGN projects, including the experience the team members proposed on this project have together on the previous projects presented. Experience with all elements of the project scope as generally described herein will be evaluated, with specific emphasis on experience addressing the technical, community and project delivery categories. The professional team’s minimization of change orders will be an important consideration. Preference will be given to ROAD & BRIDGE STUDY, PLANNING AND DESIGN work done within the last five (5) years in proximity to the proposed project. The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. Provide 16.E.9.a Packet Pg. 1058 Attachment: 18-7432-RB Solicitation (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge Category) information on the projects completed by the Proposer that best represent projects of similar size, scope and complexity of this project using the REFERENCE QUESTIONNAIRE provided. Proposer may include two (2) additional pages for each project to illustrate aspects of the completed project that provides information to assess the experience of the Proposer on relevant project work. EVALUATION CRITERIA NO. 4: LOCATION (15 Total Points Available) The professional team’s approach to management and execution of work with respect to location of various key project team members will be evaluated under this criterion. The Proposer shall demonstrate from the project kick-off how they will establish the project location in order to manage day-to-day or on-site information collection and distribution between internal and external team members, and County staff, as well as other entities involved in the project. EVALUATION CRITERIA NO. 5: RECENT, CURRENT, AND PROJECTED WORKLOADS OF THE FIRM (20 Total Points Available) This criterion measures the team’s proposed resources for the project and their availability to complete all elements of this project with regards to the closeout of recent work, current workload, and projected projects that could impact the completion of this project. INSTRUCTIONS TO PROPOSERS 1. QUESTIONS 1.1 Direct questions related to this RPS to the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. 1.2 Consultants must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. PRE-PROPOSAL CONFERENCE (If Applicable) 2.1 The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RPS with all prospective Consultants having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RPS. Only written responses to written questions will be considered official, and will be included as part of the RPS as an addendum. 2.2 All prospective Consultants are strongly encouraged to attend, as, this will usually be the only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted as “mandatory”, prospective Consultants must be present in order to submit a proposal response. 3. COMPLIANCE WITH THE RPS Proposals must be in strict compliance with this RPS. Failure to comply with all provisions of the RPS may result in disqualification. 4. AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RPS It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict, discrepancy, omission or other error in the RPS, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RPS from the Procurement Services Division. 5. PROPOSALS, PRESENTATIONS, 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 RPS, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. DELIVERY OF PROPOSALS 6.1 All proposals are to be submitted by the due date and Naples local time, on the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. 6.2 The County does not bear the responsibility for proposals delivered to the Procurement Services Division past the stated date and/or time indicated. 7. VALIDITY OF PROPOSALS 7.1 No proposal can be withdrawn after it is opened unless the Consultant makes their request in writing to the County. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 16.E.9.a Packet Pg. 1059 Attachment: 18-7432-RB Solicitation (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge Category) 8. METHOD OF SOURCE SELECTION 8.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2017-08, establishing and adopting the Collier County Procurement Ordinance. 8.2 If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals. 9. EVALUATION OF PROPOSALS 9.1 Collier County will evaluate the proposals and select the firm in accordance with Florida Statute 287.055, Consultants’ Competitive Negotiation Act (CCNA). 9.2 The County’s procedure for selecting is as follows: 9.2.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted. 9.2.2 The Request for Professional Services is issued. 9.2.3 Subsequent to the receipt closing date for the proposals, the Procurement professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RPS. 9.2.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services Division. 9.2.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publicly announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be posted with at least one (1) day advanced notice. 9.2.6 Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the Request for Professional Services using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. 9.2.7 At the publicly noticed selection committee meeting, the members will present their independent findings / conclusions / comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. Time will be allowed for public comment. 9.2.8 Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, clarification of proposer information, and/or additional credit information. 9.2.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly. The selection committee may ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their final ranking. 9.2.10 The selection committee’s overall rank of firms in order of preference (from highest beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the Procurement Professional. By having used all information presented (proposal, presentation, references, etc.), the selection committee members will create a final ranking and staff will subsequently enter into negotiations. 9.3 The County reserves the right to withdraw this RPS at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. 9.4 Receipt of a proposal by the County offers no rights upon the Consultant nor obligates the County in any manner. 9.5 Acceptance of the proposal does not guarantee issuance of any other governmental approvals. 10. REFERENCES The County reserves the right to contact any and all references submitted as a result of this solicitation. 11. RESERVED RIGHTS Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also, Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet the additional or reduced requirements of Collier County. Collier County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award to one or more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the best interest of the County. Collier County reserves its right to reject any sole response. 16.E.9.a Packet Pg. 1060 Attachment: 18-7432-RB Solicitation (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge Category) 12. INSURANCE AND BONDING REQUIREMENTS 12.1 The Consultant shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Consultant shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. 12.2 The County and the Consultant waive against each other and the County’s separate Consultants, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Consultant and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Consultants, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. 12.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance. 12.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” 12.5 The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Consultant under this solicitation and shall contain a severability of interests provisions. 12.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 12.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Consultant has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Consultant must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Consultant’s sole responsibility. 12.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. 12.9 The Consultant and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non- renewal on the part of the insurance carrier or the Consultant. The Consultant shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant hereunder, Consultant shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 12.10 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. 12.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Consultant shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Consultant to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 13. ADDITIONAL ITEMS AND/OR SERVICES Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 14. 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 16.E.9.a Packet Pg. 1061 Attachment: 18-7432-RB Solicitation (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge Category) each work assignment the Consultant is performing. 15. VENDOR PERFORMANCE EVALUATION The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. The County reserves the right to take into consideration a vendor’s past performance under a prior or current County contract when it is considering the granting of a new contract, the assignment of a work order, or any additional work. Past poor performance may result in the County deeming the vendor non-responsible and therefore refraining from awarding such work. 16. ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 16.1 The selected Consultant shall be required to sign a standard Collier County contract. 16.2 The resultant contract(s) may include purchase or work orders issued by the County’s project manager. 16.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Consultant. 16.4 The County’s project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 17. PUBLIC RECORDS COMPLIANCE 17.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 17.2 The Contractor must specifically comply with the Florida Public Records Law to: 17.2.1 Keep and maintain public records required by the public agency to perform the service. 17.2.2 Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 17.2.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 17.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 18. WORK ORDERS ON FIXED TERM CONTRACTS 18.1 The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County. 16.E.9.a Packet Pg. 1062 Attachment: 18-7432-RB Solicitation (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge Category) 18.2 Work issued that is determined to be against a “CONTINUING CONTRACTS” shall not exceed $200,000. 18.3 Work in excess of $200,000 shall be performed under a “PROJECT SPECIFIC CONTRACT” and approved by the Board of County Commissioners. 18.4 Should any project that is active on a work order extend past the contract termination date, that work order will be active and extended as necessary until completion of such project. 19. PAYMENT METHOD 19.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include: 19.1.1 Purchase Order Number 19.1.2 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 East, Suite 700 Naples FL 34112 Or Emailed to: bccapclerk@collierclerk.com 19.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any 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. 19.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off- set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 19.4 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. 20. ENVIRONMENTAL HEALTH AND SAFETY 20.1 All Consultants and Sub Consultants performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Consultants and Sub Consultants shall be responsible for 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. 20.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Consultant’s work operations. This provision is non-negotiable by any department and/or Consultant. 20.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 20.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 21. POLLUTION PREVENTION The vendor is required to implement industry relevant pollution prevention and best management practices. Should pollution incidents occur, Collier County Pollution Control must be notified immediately. 22. LICENSES 22.1 The Consultant is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the 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. 16.E.9.a Packet Pg. 1063 Attachment: 18-7432-RB Solicitation (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge Category) 22.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active” in Collier County. 22.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector’s Office at (239) 252-2477. 23. SURVIVABILITY The Vendor agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the original Solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination. 24. PRINCIPAL/COLLUSION By submission of this Proposal the undersigned, as Consultant, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 25. 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. 26. TERMINATION Should the Consultant be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board’s Procurement Ordinance. 27. LOBBYING After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty-eight of County Ordinance 2017-08. 28. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (Fl Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 29. SINGLE PROPOSAL Each Consultant must submit, with their proposal, the required forms included in this RPS. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-consultant to any other firm submitting under the same RPS. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-consultant to any other firm or firms submitting under the same RPS. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 30. PROTEST PROCEDURES 30.1 Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director strictly in accordance with the County’s current Procurement Ordinance and policies. 30.2 Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice 16.E.9.a Packet Pg. 1064 Attachment: 18-7432-RB Solicitation (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge Category) of intent to protest with the Procurement Director within three (3) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. 30.3 Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 31. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted Consultant list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Consultant list. 32. SECURITY AND BACKGROUND CHECKS 32.1 The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, 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. 32.2 All of Contractor’s employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s business. 32.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL- FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 32.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 33. CONFLICT OF INTEREST Consultant shall complete the Conflict of Interest Affidavit included as an attachment to this RPS document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 34. 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, RPS, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 35. IMMIGRATION LAW AFFIDAVIT CERTIFICATION 35.1 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. 35.2 The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including Request for Professional Services (RPS) and construction services. 35.3 Exceptions to the program: 35.3.1 Commodity based procurement where no services are provided. 16.E.9.a Packet Pg. 1065 Attachment: 18-7432-RB Solicitation (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge Category) 35.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners 35.4 Consultants / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Consultants are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Consultant does not comply with providing the acceptable E-Verify evidence and the executed affidavit the bidder’s / Consultant’s proposal may be deemed non-responsive. 35.5 Additionally, Consultants shall require all subcontracted Consultants to use the E-Verify system for all purchases not covered under the “Exceptions to the program” clause above. 35.6 For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Consultant’s responsibility to familiarize themselves with all rules and regulations governing this program. 35.7 Consultant acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the 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. VENDOR CHECKLIST Vendor should check off each of the following items as the necessary action is completed (please see, Form 2: Vendor Check List): The Solicitation Submittal has been signed. All applicable forms have been signed and included, along with licenses to complete the requirements of the project. Required Reference Questionnaires have been completed for previous projects and included with the proposal. Any addenda have been signed and included. All grant requirements have been reviewed and forms completed (if applicable). Division of Corporations - Florida Department of State – http://dos.myflorida.com/sunbiz/ (If work performed in the State). E-Verify/Immigration Affidavit (Memorandum of Understanding). 16.E.9.a Packet Pg. 1066 Attachment: 18-7432-RB Solicitation (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge Category) Selection CommitteeScoring SheetRPS #: 18-7432-RBTitle: Professional Services Library - Road & Bridge Study, Planning and Design CategoryName of Firm Trinity Scott Lorraine Lantz Bee Thao John ContiLeandro GoicoecheaTotal Scores Final RankingJacobs Engineering Group Inc.95 94 86 92 95462.00 1Johnson Engineering, Inc.85 95 86 86 92444.00 2Stantec Consulting Services Inc.95 92 84 77 94442.00 3Capital Consulting Solutions LLC90 90 83 84 90437.00 4AIM Engineering & Surveying, Inc.95 85 86 86 78430.00 5Atkins North America, Inc.85 83 87 85 87427.00 6Cardno, Inc.90 84 88 80 83425.00 7Rummel, Klepper & Kahl, LLP (RK&K)85 80 85 84 86420.00 8Agnoli, Barber & Brundage, Inc.75 78 83 88 93417.00 9Kisinger Campo & Associates, Corp. (KCA)85 72 81 85 80403.00 10DRMP, Inc.82 77 83 78 81401.00 11T.Y. Lin International79 81 78 78 85401.00 12Stanley Consultants, Inc.73 76 89 74 80392.00 13Tindale-Oliver & Associates, Inc.87 84 73 70 73387.00 14Hanson Professional Services Inc.77 71 76 79 82385.00 15GHD Services Inc.70 67 80 76 83376.00 16CW3 Engineering, Inc.70 72 69 67 65343.00 17American Structurepoint, Inc.62 68 72 67 74343.00 18Procurement Professional Geoff ThomasPage 1 of 116.E.9.bPacket Pg. 1067Attachment: 18-7432-RB Final Ranking (11856 : Final Ranking 18-7432-RB Professional Services Library - EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 1  FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal Law requires that the Applicant's contracts relating to the project include certain provisions. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract (including a purchase order). Compliance with Federal Law, Regulations and Executive Orders: The Sub-Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with any and all other relevant Federal, State, and local laws, regulations, codes and ordinances: o 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after April 1, 2017) Reporting: The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the County, as the Federal or State granting agency may require the contractor to provide certain information, documentation, and other reporting in order to satisfy reporting requirements to the granting agency. Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative’s access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives’ access to construction or other work sites pertaining to the work being completed under the contract. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract. 16.E.9.c Packet Pg. 1068 Attachment: FEMA Provisions Assurances 97.036 (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 2  Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Contractor’s recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the County wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the County must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Changes: See Standard Purchase Order Terms and Conditions. Procurement of Recovered Materials (§200.322) (Over $10,000): (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 16.E.9.c Packet Pg. 1069 Attachment: FEMA Provisions Assurances 97.036 (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 3  (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: I. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. II. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. III. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. IV. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 16.E.9.c Packet Pg. 1070 Attachment: FEMA Provisions Assurances 97.036 (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 4  VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 16.E.9.c Packet Pg. 1071 Attachment: FEMA Provisions Assurances 97.036 (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 5  (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.” Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Clean Air Act and Federal Water Pollution Control Act: (over $150,000) (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3) The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.” State Provisions Convicted Vendor and Discriminatory Vendors List Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or any state agency. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Record Retention - The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, FDEM, or its designee’s access to such records upon request. 16.E.9.c Packet Pg. 1072 Attachment: FEMA Provisions Assurances 97.036 (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 6  Acknowledgement of Terms, Conditions, and Grant Clauses Certification If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor’s performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor’s progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name _____________________________________ Date __________________ Authorized Signature ___________________________________________________________ 16.E.9.c Packet Pg. 1073 Attachment: FEMA Provisions Assurances 97.036 (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 7  CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-recipient’s subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR ___________________________________________________________________ By: ________________________________________________________________ Signature ___________________________________________________________________ Name and Title ___________________________________________________________________ Street Address ___________________________________________________________________ City, State, Zip ___________________________________________________________________ DUNS Number ___________________________________________________________________ Date Sub-Recipient Name: Collier County Board of County Commissioners DEM Contract Number: Z0001 FEMA Project Number: 4337DRFLP0000001 16.E.9.c Packet Pg. 1074 Attachment: FEMA Provisions Assurances 97.036 (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge IS THE ACTIVITY OF THIS CONTRACT,  CONSTRUCTION ?               Y                 N CONSULTATION?               Y                 N OTHER?               Y                 N DBE, MBE, WBE  VET, SMB8A SUBCONTRACTOR OR SUPPLIER  NAME TYPE OF WORK OR  SPECIALTY ETHNICITY CODE  (See Below) SUB/SUPPLIER  DOLLAR AMOUNT PERCENT OF CONTRACT  DOLLARS             TOTALS: NOTE: ETHNICITY CODE Black American BA Hispanic American HA Native American NA Subcont. Asian American SAA Asian‐Pacific American APA Non‐Minority Women NMW Other: not of any other group listed O DATE TELEPHONE NUMBER FAX NUMBER IS THE PRIME A FLORIDA‐CERTIFIED DISADVANTAGED,  MINORITY OR WOMEN BUSINESS ENTERPRISE    (DBE/MBE/WBE)?  OR HAVE A SMALL DISADVANTAGED  BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS  ADMINISTRATION?   OR A SERVICE DISABLED VETERAN?  VETERAN?                Y              N IS THIS SUBMISSION A REVISION?             Y                N SDB 8A?                     Y              N CONTRACT DOLLAR AMOUNT C.  SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBMITTER WBE?                          Y              N MBE?                          Y              N DBE?                           Y              N This information is used to track and report anticipated DBE or MBE participation in federally‐funded contracts.  The anticipated DBE or  MBE amount is voluntary and will not become part of the contractual terms.  This form must be submitted at time of response to a  solicitation.  If and when awarded a County contract, the prime will be asked to update the information for the grant compliance files. COLLIER COUNTY                                                                                  ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified.  Unverifable statuses will require the Vendor/Prime Contractor to either provide a revised statement or provide source  documentation that validates a status.   Contractor means an entity that receives a contract. B.  IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN‐OWNED, SMALL  BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION A.  VENDOR/PRIME CONTRACTOR INFORMATION PRIME NAME PRIME FEID NUMBER DEPARTMENT NAME COLLIER CONTRACT # (IFB/RFP or PO/REQ) IF YES, REVISION NUMBER__________ EMAIL ADDRESS OF PRIME (SUBMITTER) D. SECTION TO BE COMPLETED BY COLLIER COUNTY ACCEPTED BY:                                           GRANT PROGRAM/CONTRACT 16.E.9.c Packet Pg. 1075 Attachment: FEMA Provisions Assurances 97.036 (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES EXHIBIT I ‐ 9  LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. ____________________________________________________ Contractor (Firm Name) ____________________________________________________ Signature of Contractor’s Authorized Official ____________________________________________________ Name and Title of Contractor’s Authorized Official ____________________________________________________ Date 16.E.9.c Packet Pg. 1076 Attachment: FEMA Provisions Assurances 97.036 (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge 16.E.9.dPacket Pg. 1077Attachment: 18-7432-RB NORA (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge Category) 16.E.9.dPacket Pg. 1078Attachment: 18-7432-RB NORA (11856 : Final Ranking 18-7432-RB Professional Services Library - Road and Bridge Category)