GRANT FUNDED CCNA REQUEST FOR PROPOSAL (Federal Aid Highway Program Funded) CCNA REQUEST FOR...

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GRANT FUNDED (Federal Aid Highway Program Funded)

CCNA REQUEST FOR PROPOSAL

COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS

RFP 15-6456

CEI Services for LAP Funded Projects

Brenda Brilhart, Procurement Strategist [email protected], Email Address

(239) 252 - 8446, Telephone Number (239) 252 - 6697, FAX Number

This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government.

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RFP 15-6456 CEI Services for LAP Funded Projects

Table of Contents

LEGAL NOTICE .................................................................................................................................................................. 3

EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ........................................................................... 4

EXHIBIT II: GENERAL RFP INSTRUCTIONS .......................................................................................................................... 8

EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ....................................................................12

EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP...........................................................................................15

ATTACHMENT 1: VENDOR’S NON-RESPONSE STATEMENT ...............................................................................................22

ATTACHMENT 2: VENDOR CHECK LIST .............................................................................................................................23

ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ........................................................................................................24

ATTACHMENT 4: VENDOR DECLARATION STATEMENT ....................................................................................................25

ATTACHMENT 5: IMMIGRATION LAW AFFIDAVIT CERTIFICATION ...................................................................................27

ATTACHMENT 6: VENDOR SUBSTITUTE W – 9 .................................................................................................................28

ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS ........................................................................................29

ATTACHMENT 8: REFERENCE QUESTIONNAIRE ................................................................................................................31

EXHIBIT A: SCOPE OF SERVICES ………………………………………………………………….………………………………………………………………32

EXHIBIT "A-A" MINIMUM QUALIFICATIONS FOR CONSTRUCTION ENGINEERING AND INSPECTION PERSONNEL

EXHIBIT B: GRANTING AGENCY REQUIREMENTS ……………………………………….……………………………………………………………….50

EXHIBIT C: GRANT FORMS …………………………………………………………………………………………..…………………………………………….56

EXHIBIT D: LAP PROJECT LIST ………………………………………………………………………………….…………………………………………………57

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Legal Notice

Sealed Proposals to provide CEI & Professional Design Services for Local Agency Program (LAP) funded projects will be received until 3:00 PM, Naples local time, on 3:00 PM on October 21, 2015 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.


Services to be provided may include, but not be limited to the following: professional construction engineering inspection (CEI) and design services for LAP funded projects. A pre-proposal conference will not be held for this solicitation. All proposal statements will be made using the Request for Proposal format obtained on the Collier County Purchasing Division Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Director, Procurement Services Division This Public Notice was posted on the Collier County Purchasing Division website: www.colliergov.net/purchasing and in the Lobby of Collier County Government, Purchasing Division, 3327 Tamiami Trail E, Naples, FL 34112 on September 30, 2015.

http://www.colliergov.net/bid

http://www.colliergov.net/purchasing

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Exhibit I: Scope of Work, Specifications and Response Format

As requested by the Growth Management Department (hereinafter, the “Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Request for Proposal (hereinafter, “RFP”) with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments or divisions once awarded according to the Board of County Commissioners Purchasing Ordinance. To be considered for award, the firm(s) submitting as the prime Consultant must, at a minimum, be pre-qualified through the Florida Department of Transportation (hereinafter, “FDOT”) in the following work groups per Category:

10.1 – Roadway CEI

10.3 – Construction Materials Inspection

10.4 – Minor Bridge and Miscellaneous Structures CEI Brief Description of Purchase The Growth Management Division is seeking professional construction engineering and inspection (CEI) services for Local Agency Program (LAP) funded projects. A list of these potential public works is attached as Exhibit D. The anticipated annual expenditures on these services will vary upon project design completion. The contract is limited to $1,500,000. Detailed Scope of Work – See Exhibit A The FDOT Local Agency Program (LAP), administered at the FDOT district level, is the mechanism used to complete prioritized projects from FDOT’s Five-Year Work Program (list of projects in Exhibit D). The projects include sidewalks, intersection improvements, pedestrian pathways, etc. It is the intent of the County to award one contract for CEI and Contract Compliance services. In addition, a Design Services solicitation will be issued for LAP funded projects. If a firm is awarded the CEI contract, the awarded firm shall not be eligible to participate in the design services for LAP funded projects.

Contract Term

The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. The contract term, if an award(s) is/are made is intended to be for two (2) years with three (3) one year renewal options. Professional fees 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 Procurement Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Contract Payment Contract work will be distributed and initiated with a Work Order. Consultant acknowledges and agrees that each individual Work Order shall not exceed $200,000, and that the total compensation

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for all Work Orders issued under this Agreement shall not exceed $1,500,000. All Work Orders will be issued as lump sum, not to exceed pricing. Projected Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process.

Event Date

Issue Solicitation Notice 9/30/15

Last Date for Receipt of Written Questions 5:00 PM 10/14/15

Pre-solicitation meeting N/A

Addendum Issued By 10/16/15

Solicitation Deadline Date and Time 3:00 PM 10/21/15

Anticipated Evaluation of Submittals Week of 11/2/15

Anticipated Board of County Commissioner’s Contract Approval By 1/31/16

Consultant Response Requirements and 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 it is awarded a contract, 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 Vendor’s approach and ability to meet the County’s needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below should be submitted with each proposal in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Consultant to include all listed items may result in the rejection of its proposal. Tab 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. List all proposed subcontractors who will participate on the team.

Tab II, Business Plan (Maximum 20 Points – 5 Page Limit)

In this tab, include:

Description of the proposed contract team and the role to be played by each member of the team.

Detailed plan of approach (including major tasks and sub-tasks).

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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.

Tab III, Experience and Capacity of Firm (Maximum 35 Points – 8 Page Limit)

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.

List Current Projects in the Format Identified Below

Project Description

Start Date End Date Original Budget Final Project

Cost Number of

Change Orders

Tab IV, Specialized Expertise of Team Members (Maximum 35 Points – 8 Page Limit)

Attach brief 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. Tab V, References (Maximum 10 Points)

In order for the Consultants 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 vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor’s information provided in this area:

The County shall total each of the vendor’s five reference scores 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)). Vendors 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 vendor who has the highest score.

The next highest vendor’s number of points will be divided by the highest vendor’s points which will then be multiplied by criteria points to determine the vendor’s points awarded. Each subsequent vendor’s point score will be calculated in the same manner.

Points awarded will be extended to the whole number per Microsoft Excel. For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers.

Vendor Name Vendor Total

Reference Score Points Awarded

Vendor ABC 445 10

Vendor DEF 425 9.6

Vendor GHI 388 8.7

Note: Sample chart reflects a 10 point reference criterion.

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The points awarded by vendor 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.

Tab Vl, 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 this 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.

Tab VIl, Required Form Submittals

Attachment 2: Consultant Checklist

Attachment 3: Conflict of Interest Affidavit

Attachment 4: Vendor Declaration Form

Attachment 5: Immigration Affidavit Certification

Attachment 6: Vendor Substitute W9

Attachment 7: Insurance and Bonding Requirement Form

Attachment 8: Reference Questionnaire

EXHIBIT C: Grant Required Forms:

Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions

General Grant Clauses

Certification for Disclosure of Lobbying Activities on Federal Aid Contracts

Standard Form-LLL, Disclosure of Lobbying Activities Form

Conflict of Interest Affidavit

Collier County DBE Participation Statement

Collier County Consultant Bid Opportunity List

Drug Free Workplace Certification

Truth in Negotiation Certification

Excluded Parties List System Documentation located at: www.sam.gov, and select SEARCH.

Licenses and/or Certifications

http://www.sam.gov/

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Exhibit II: General RFP Instructions 1. Questions

Direct questions related to this RFP to the Collier County Procurement Division Online Bidding System website: www.colliergov.net/bid. Consultants must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page.

2. Pre-Proposal Conference

The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding this 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 this RFP as an addendum. All prospective Consultants are strongly encouraged to attend, as, this will usually be the only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted as “mandatory”, prospective Consultants must be present in order to submit a proposal response.

3. Compliance with the RFP

Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification.

4. Ambiguity, Conflict, or Other Errors in the RFP

It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Division.

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

All proposals are to be delivered before 3:00 PM, Naples local time, on or before October 21, 2015 to:

Collier County Government Procurement Division 3327 Tamiami Trail E Naples FL 34112 Attn: Brenda Brilhart, Procurement Strategist

The County does not bear the responsibility for proposals delivered to the Procurement Division past the stated date and/or time indicated, or to an incorrect address by Consultant’s personnel or

http://www.colliergov.net/bid

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by the Consultant’s outside carrier. However, the Procurement Services Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions:

The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline.

The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process.

If submitting manually, Proposers must submit one (1) paper copy clearly labeled “Master,” and one (1) compact disks (CD’s/DVD’s) with a copy of the proposal on the CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope.

7. Validity of Proposals

No proposal can be withdrawn after it is filed unless the Consultant makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process.

8. Method of Source Selection

The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Ordinance. 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. Collier County will evaluate and select these Services in accordance with Florida Statute 287.055,Consultants’ Competitive Negotiation Act (CCNA). The County’s procedure for selecting is as follows:

a) The County Manager or designee shall appoint a Selection Committee to review all

proposals submitted. b) Request for Proposals issued. c) Subsequent to the closing of proposals, the Procurement Strategist will review the

proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP.

d) Meetings will be open to the public and the Procurement Strategist will publicly post prior notice of such meeting in the lobby of the Purchasing Building and publicly noticed on the County’s Procurement Services website.

e) The committee members will review each proposal individually and score each proposal based on the evaluation criteria stated herein.

f) Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice will be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and will endeavor to post such notices at least one (1) day in advance of all subsequent meetings.

g) 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

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has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, interviews, or oral presentations.

h) The Selection Committee, as approved by the County Manager or designee, will review, evaluate and rank all responsive proposals received from Proposers responding to this RFP. The committee members will score each Proposal in accordance with the rating criteria set forth below and may, at their discretion, schedule presentations from any firms submitting a proposal.. Consultant(s) shall have an opportunity to discuss their qualifications, approach to the project and ability to furnish services for the scope of work outlined in this solicitation during the publicly announced Selection Committee Meeting prior to the final ranking. This discussion does not preclude the County from having additional presentations by ranked firms at the County’s sole discretion.

i) 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.

j) Negotiations shall begin with the top-ranked firm(s) in accordance with Florida Statute 287.055.

k) Upon the successful completion of negotiations, contracts will be presented to the Board of County Commissioners for approval.

The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Consultant nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances may not be considered.

9. References

The County reserves the right to contact any and all references associated with this solicitation.

10. Proposal Selection Committee and Evaluation Factors

The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below.

Business Plan 20 Experience & Capabilities of Firm 35 Team Members 35 References 10

Total Points: 100 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 vendor (as obtained from the County’s financial system) within the last five (5) years will receive the higher individual ranking. 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.

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11. 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 Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion.

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Exhibit III: Collier County Purchase Order Terms and Conditions

1. Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance.

2. Acceptance and Confirmation

This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order.

No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY’S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR.

3. Inspection

All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR’S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non-conforming or otherwise rejected by the COUNTY.

4. Shipping and Invoices a) All goods are FOB destination and must be

suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR.

b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice.

c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR’S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment.

d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act,” and, pursuant to the Board of County Commissioners Purchasing Policy.

5. Time Is Of the Essence

Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY’S right to insist upon further compliance with all specifications.

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6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties.

7. Warranties

VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY.

8. Statutory Conformity

Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order.

9. Advertising

No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY’S name or other identifying marks or property without the prior written consent of the COUNTY’S Purchasing Department.

10. Indemnification

VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including

claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder.

11. Warranty of Non-Infringement

VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition.

VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY’S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non-infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY).

12. Insurance Requirements

The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida.

13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of

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its business. By way of non-exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order.

14. Force Majeure

Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY.

15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void.

16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax.

17. Annual Appropriations The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds.

18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice.

19. General

a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida

b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR.

c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section.

d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons.

e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern.

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Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance and Bonding Requirements (The specific insurance requirements for this solicitation

are identified in the attachment for Insurance and Bonding Requirements.)

The Vendor 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 Requirements attachment of this solicitation. The Vendor 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 Vendor waive against each other and the County’s separate Vendors, 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 Vendor and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Vendors, 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 Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor 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 "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 Attachment 7 with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor 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 Vendor’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 Vendor 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 Vendor. The Vendor 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 Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy.

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Should at any time the Vendor 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 Vendor for such coverage(s) purchased. If Vendor 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 Vendor under this Agreement or any other agreement between the County and Vendor. 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 Vendor 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 Vendor 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 vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor.

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 Ordinance.

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; or as otherwise approved by the County’s project manager prior to the execution of the work.

5. County’s Right to Inspect

The County or its authorized Agent shall have the right to inspect the Vendor’s facilities/project site during and after each work assignment the Vendor is performing.

6. Vendor Performance Evaluation

The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement.

7. Additional Terms and Conditions of Contract

Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor 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

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obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. The County’s project manager shall coordinate with the Consultant the return of any surplus assets,

including materials, supplies, and equipment associated with the scope or work. 8. Payment Method

Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include:

Purchase Order Number

Description and quantities of the goods or services provided per instructions on the County’s purchase order or contract.

Invoices shall be sent to: Board of County Commissioners Clerk’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: [email protected].

Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement.

Payment methods include:

Traditional – payment by check, wire transfer or other cash equivalent.

Standard – payment by purchasing card. Collier County’s Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules.

The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County’s credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an “Additional Cash Discount.” Upon execution of the Contract and completion of each month’s work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for

payment without prior approval from the Project manager. All invoices should be submitted within the

fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager.

Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of “laches” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement.

mailto:[email protected]

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In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements.

9. Environmental Health and Safety

All Vendors 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. Vendors 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 Vendor’s work operations. This provision is non-negotiable by any department and/or Vendor.

All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels.

10. Licenses

The Vendor 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 Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active” in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector’s Office at (239) 252-2477.

11. Principals/Collusion

By submission of this Proposal the undersigned, as Vendor, 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

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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.

12. Public Records Compliance

The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies

13. Security and Background Checks

If required, Consultant 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. Consultant shall be required to maintain records on each employee and make them available to the County for at least four (4) years.

14. Survivability

The Consultant agrees that any Work Order that extends beyond the expiration date of Solicitation 15-6456 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order.

15. Relation of County

It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor 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 Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation.

16. Termination

Should the Vendor 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.

17. Lobbying

All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm.

18. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)

In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a

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certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm.

19. Single Proposal

Each Vendor 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. In addition, consultants that have participated and/or will participate in the development of scope, background information or oversight functions on this project are precluded from submitting a Proposal as either a prime or subconsultant.

20. Protest Procedures

Any prospective proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County’s then current purchasing ordinance and policies. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director.

21. 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.

22. Conflict of Interest

Vendor 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.

http://www.sunbiz.org/search.html

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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.

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 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. Vendors 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 Proposer does not comply with providing the acceptable E-Verify evidence and the executed affidavit the vendor’s proposal may be deemed non-responsive.

Additionally, vendors shall require all subcontracted vendors 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 vendor’s responsibility to familiarize themselves with all rules and regulations governing this program.

Vendor 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.

http://www.dhs.gov/E-Verify

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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 Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to this RFP 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 ____________

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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 (including granting agency forms) have been signed and included, along with licenses to complete the requirements of the project.

Copy of Internet certification that the Vendor is not on the Federal Excluded Parties List System at:

www.sam.gov, and select SEARCH.

The mailing envelope has been addressed to: Collier County Government

Purchasing Department 3327 Tamiami Trail E Naples FL 34112

Attn: Brenda Brilhart, Procurement Strategist

The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date.

The Proposal will be mailed or delivered in time to be received no later than the specified due date

and time. (Otherwise Proposal cannot be considered.)

If submitting a manual proposal, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded.

ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET.

Name of Firm:

________________________________________________________

Address:

________________________________________________________

City, State, Zip:

________________________________________________________

Telephone:

_____________________________ Email: ____________________

Representative Signature:

________________________________________________________

http://www.sam.gov/

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Attachment 3: Conflict of Interest Affidavit

By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm:

_____________________________________________________________

Signature and Date:

_____________________________________________________________

Print Name

_____________________________________________________________

Title of Signatory

_____________________________________________________________

State of

_______________________________________________________________________

County of

_______________________________________________________________________

SUBSCRIBED AND SWORN to before me this __________ day of _________________, 20___, by _______________________________________________, who is personally known to me to be the ________________________________________ for the Firm, OR who produced the following identification ________________________________________. _________________________________________________________________________________ Notary Public My Commission Expires ___________________________________________

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Attachment 4: Vendor Declaration Statement

BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation 15-6456 CEI Services LAP Funded Projects 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 in the solicitation noted above.

(Proposal Continued on Next Page)

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PROPOSAL CONTINUED

IN WITNESS WHEREOF, WE have hereunto subscribed our names on this ___ day of __________, 20__ in the County of _______________, in the State of _____________.

Firm’s Legal Name:

Firm’s Dun and Bradstreet Number (DUNS) (Found at www.dnb.com)

CCR # or CAGE Code

Florida Certificate of Authority Document Number (http://www.sunbiz.org)

Federal Tax Identification Number

Address:

City, State, Zip Code:

Telephone: _______________________________ FAX __________________________

Signature by: (Typed and written)

Title:

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 _________________________________

http://www.sunbiz.org/

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Attachment 5: Immigration Law Affidavit Certification

Solicitation # and Title : 15-6456 CEI & Professional Design Services LAP Funded Projects

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’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

Title _______________________

Signature

Date _______________________

State of ___________________ County of _________________ The foregoing instrument was signed and acknowledged before me this ______day of ____________, 20___, by

_______________________________ who has produced _____________________________ as identification. (Print or Type Name) (Type of Identification and Number) _____________________________________ Notary Public Signature _____________________________________ Printed Name of Notary Public _____________________________________ Notary Commission Number/Expiration

The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made.

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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 ______________________________________________

State ______________________________________ Zip_______________________________________________

Telephone __________________ FAX ______________________ Email _________________________________

Order Information

Address ___________________________________

Remit / Payment Information Address ____________________________________________

City __________

State ________ Zip ___________

City _____________

State _________ Zip______________

FAX ______________________________________

Email ____________________________________

FAX __________________________________________

Email_____________________________________________

2. Company Status (check only one)

Individual / Sole Proprietor Corporation Partnership

Tax Exempt (Federal income tax-exempt entity under Internal Revenue Service guidelines IRC 501 (c) 3)

Limited Liability Company

Enter the tax classification

(D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only)

Federal Tax Identification Number (TIN) _______________________________________________________________

(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, I certify that the information shown on this form is correct to my knowledge.

Signature ___________________________________________________________

Date _________________________________

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Attachment 7: Insurance and Bonding Requirements

Insurance / Bond Type Required Limits 1. Worker’s

Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements

2. Employer’s Liability

$500,000 single limit per occurrence

3. Commercial General Liability (Occurrence Form) patterned after the current ISO form

Bodily Injury and Property Damage $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability

4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/ Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement.

4. Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included

5. Other insurance as noted:

Watercraft $ __________ Per Occurrence

United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence

Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence

Pollution $ __________ Per Occurrence

Professional Liability $1,000,000 per claim and in the aggregate

$1,000,000 per claim and in the aggregate

$2,000,000 per claim and in the aggregate

Project Professional Liability $__________ Per Occurrence

Valuable Papers Insurance $__________ Per Occurrence

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6. Bid bond

Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation.

7. Performance and Payment Bonds

For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038.

8. 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.

Lbj 5/20/2015

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

_______________________________________ Date ____________________________

Vendor Signature

_________________________________________________________________________

Print Name

_________________________________________________________________________

Insurance Agency

_________________________________________________________________________

Agent Name _______________________________________ Telephone Number _________________

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Attachment 8: Reference Questionnaire

Solicitation: 15-6456 CEI Services LAP Funded Projects

Reference Questionnaire for:

(Name of Company Requesting Reference Information)

(Name of Individuals Requesting Reference Information)

Name: (Evaluator completing reference questionnaire)

Company: (Evaluator’s Company completing reference)

Email: FAX: Telephone:

Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” Project Description: ___________________________

Completion Date: _____________________________

Project Budget: _______________________________

Project Number of Days: _______________________

Change Orders - Dollars Added : _________________

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 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.)

7 Ability to verbally communicate and document information clearly and succinctly.

8 Abiltity to manage risks and unexpected project circumstances.

9 Ability to follow contract documents, policies, procedures, rules, regulations, etc.

10 Overall comfort level with hiring the company in the future (customer satisfaction).

TOTAL SCORE OF ALL ITEMS

Please FAX this completed survey to: _______________________________________ By ________________

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Exhibit A: Scope of Services

CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SCOPE OF SERVICES

FOR Local Agency Program Projects

Project Description

The principal intent of this project is to provide CEI and Contract Compliance Services for the construction of Local Agency Program projects. The Florida Department of Transportation (FDOT) is empowered by legislative authority to contract with other governmental (local) agencies to develop, design, acquire right-of-way, and construct transportation facilities and to reimburse these governmental agencies for services provided to the traveling public. The FDOT Local Agency Program (LAP), administered at the FDOT district level, is the mechanism used to complete a prioritized project from FDOT’s Five- Year Work program.

The top ranked Consultant as ranked by the County’s Selection Committee may be assigned to one (1) or more of the County’s LAP construction projects. Each assigned Consultant will be responsible for executing all of the requirements of the Contract and this Scope of Services relative to the project they are assigned.

1.0 PURPOSE:

This scope of services describes and defines the Construction Engineering and Inspection (CEI) services which are required for: contract administration and inspection; materials sampling; testing; contract compliance according to FHWA 1273 and Florida Statutes; and other related activities for the LAP construction projects.

2.0 SCOPE:

Provide services as defined in this Scope of Services, the referenced Florida Department of Transportation (FDOT) manuals, and procedures.

For each project the Consultant and/or Sub-consultant(s) must be FDOT qualified (Rule Chapter 14-75) to perform the assigned work and/or services required of the project. As a minimum, the Consultant must be qualified to perform the following types of work:

10.1 – Roadway CEI

10.3 – Construction Materials Inspection

10.4 – Minor Bridge and Miscellaneous Structures CEI

Exercise independent professional judgment in performing obligations and responsibilities under this Agreement. Pursuant to Section 4.1.4 of the Construction Project Administration Manual (CPAM), the authority of the Consultant’s lead person, such as the Senior Project Engineer, and the Consultant’s Project Administrator shall be identical to the FDOT’s Resident Engineer and Project Administrator respectively and shall be interpreted as such.

Services provided by the Consultant shall comply with FDOT manuals, procedures, and memorandums in effect as of the date of execution of the Agreement, however it is the responsibility of the Consultant to stay current with applicable regulations and procedures as they are updated by

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FDOT and/or the County.. Such FDOT manuals, procedures, and memorandums are found at the State Construction Office’s website.

On a single Construction Contract, it is a conflict of interest for a professional firm to receive compensation from both the County and the Contractor either directly or indirectly.

Other projects developing within the geographical area of Collier County may be added at the County’s discretion. The Consultant must perform to the satisfaction of the County’s representatives for consideration of additional CEI services.

3.0 LENGTH OF SERVICE:

The services for the Construction Contract shall begin upon written notification to proceed (NTP) by the County. The CEI Services Contract shall begin approximately thirty (30) days prior to written notification to proceed to the Contractor for the Construction Contract and end thirty (30) days after final acceptance of the Construction Contract.

The County’s Construction Project Manager will track the execution of the Construction Contract such that the Consultant is given timely authorization to begin work. While no personnel shall be assigned until written notification by the County has been issued, the Consultant shall be ready to assign personnel within two weeks of notification. For the duration of the project, coordinate closely with the County and Contractor to minimize rescheduling of Consultant activities due to construction delays or changes in scheduling of Contractor activities.

For estimating purposes, the Consultant will be allowed an accumulation of thirty (30) calendar days to perform preliminary administrative services prior to the issuance of the Contractor's notice to proceed on the first project and thirty (30) calendar days to demobilize after final acceptance of the Construction Contract.

The anticipated letting schedules and construction times for the projects are provided in Attachment D – LAP Funded Project List page 56. This is not a finite listing. More projects may be added at a later time.

4.0 DEFINITIONS:

A. Agreement: The Professional Services Agreement between the County and the Consultant

setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of services, and the basis of payment.

B. Contractor: The individual, firm, or company contracting with the County for performance of work or furnishing of materials.

C. Contract Compliance Specialist: The Consulting firm’s staff who monitors the Contractor’s performance of Construction Contract for compliance with all requirements of the Equal Employment Opportunity (EEO) and Affirmative Action (AA), Disadvantage Business Enterprise (DBE), On-the-Job Training (OJT) and federal Wage Rate Provisions required by the FHWA 1273 Required Contract Provisions Federal-Aid Construction Contracts and applicable Florida Statutes.

D. Construction Contract: The written agreement between the County and the Contractor setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of labor and materials, and the basis of payment.

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E. Construction Project Manager: The County employee assigned to manage the Construction Engineering and Inspection Contract and represent the County during the performance of the services covered under this Agreement.

F. Construction Training/Qualification Program (CTQP): The FDOT program for training and qualifying technicians in Aggregates, Asphalt, Concrete, Earthwork, and Final Estimates Administration. Program information is available at CTQP website.

G. Consultant: The Consulting firm under contract to the County for administration of Construction Engineering and Inspection services.

H. Consultant Project Administrator: The employee assigned by the Consultant to be in charge of providing Construction Contract administration services for the Construction Project.

I. Consultant Senior Project Engineer: The Engineer assigned by the Consultant to be in charge of providing Construction Contract administration for the Construction Project. This person may supervise other Consultant employees and act as the lead Engineer for the Consultant.

J. Transportation Engineering Director: The administrative head of the County’s Construction Offices / The Engineer assigned to administer Construction Contracts for the County.

K. County Construction Manager: The County employee assigned to administer the Consultant Construction Engineering and Inspection Program in the County.

L. County Professional Services Administrator: The Administrative Head of the Professional Services Office.

M. County Manager: The County Administrator of the County.

N. Engineer of Record: The Engineer noted on the Construction plans as the responsible person for the design and preparation of the plans.

O. Road Maintenance Director: The County employee assigned to administer Maintenance Contracts for the County.

P. Public Information Office: The County employee assigned to manage the Public Information Program.

Q. Resident Compliance Specialist: The employee assigned by the County to oversee project specific compliance functions and maintain compliance files.

R. Owner: The Board of County Commissioners for Collier County, Florida. A political subdivision of the State of Florida

S. County: Collier County, a political subdivision of the State of Florida.

5.0 ITEMS TO BE FURNISHED BY THE COUNTY TO THE CONSULTANT:

A. The County, on an as needed basis, will furnish the following Construction Contract documents for each project. These documents may be provided in either paper (as indicated below) or electronic format.

1. Construction Plans, two (2) [11” x 17”] hard copy sets,

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2. Specification Package two (2) [8-1/2” x 11”] hard copy sets,

3. One (1) hard copy of the Executed Construction Contract,

4. One (1) hard copy of the Utility Agency’s Approved Material List (if applicable), and

5. One (1) hard copy of executed Utility Work Schedules (if applicable).

B. A list of all standard forms for use under the terms of this Agreement will be provided in one (1) hard copy or electronic format at the Pre-Services meeting. All directives, procedures, and standard forms can be accessed through the County’s website.

6.0 ITEMS FURNISHED BY THE CONSULTANT:

6.1 FDOT Documents:

All applicable FDOT documents referenced herein shall be a condition of this Agreement. All FDOT documents, directives, procedures, and standard forms are available through the FDOT’s Internet website. Most items can be purchased through the following address. All others can be acquired through the FDOT’s District Office or on-line at the FDOT’s website.

Florida Department of Transportation Maps and Publication Sales 605 Suwannee Street, MS 12 Tallahassee, Florida 32399-0450 Telephone No. (850) 488-9220 http://www.dot.state.fl.us/construction/

6.2 Office Automation:

Provide all software and hardware necessary to efficiently and effectively carry out the responsibilities under this Agreement. Provide each inspection staff with a laptop computer running software (such as, Site Manager application through Citrix, Primavera/Sidetrack, Claim Digger, etc.) for project scheduling, documentation, and control. Each inspection staff laptop computer must have mobile broadband connection at the jobsite. All computer coding shall be input by Consultant personnel using equipment furnished by them. Ownership and possession of computer equipment and related software, which is provided by the Consultant, shall remain at all times with the Consultant. The Consultant shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment should be maintained and operational at all times. Current technical specifications for office automation can be viewed at: http://www.dot.state.fl.us/Construction/DesignBuild/ConsultantCEI/OfficeAutomation.shtm 6.3 Vehicles:

Vehicles will be equipped with appropriate safety equipment and must be able to effectively carry out requirements of this Agreement. Vehicles shall have the name and phone number of the consulting firm visibly displayed on both sides of the vehicle.

6.4 Field Equipment:

Supply survey, inspection, and testing equipment essential to perform services under this Agreement; such equipment includes non-consumable and non-expendable items.

http://www.dot.state.fl.us/construction/

http://www.dot.state.fl.us/Construction/DesignBuild/ConsultantCEI/OfficeAutomation.shtm

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Hard hats shall have the name of the consulting firm visibly displayed.

Equipment described herein and expendable materials under this Agreement will remain the property of the Consultant and shall be removed at completion of the work.

Handling of nuclear density gauges shall be in compliance with their license.

Retain responsibility for risk of loss or damage to said equipment during performance of this Agreement.

6.5 Licensing for Equipment Operations:

Obtain proper licenses for equipment and personnel operating equipment when licenses are required. The license and supporting documents shall be available for verification by the County, upon request. Radioactive Materials License for use of Surface Moisture Density Gauges shall be obtained through the State of Florida Department of Health.

7.0 LIAISON RESPONSIBILITY OF THE CONSULTANT:

For the duration of the Agreement, keep the County’s Construction Project Manager in Responsible Charge informed of all significant activities, decisions, correspondence, reports, and other communications related to its responsibilities under this Agreement.

Facilitate communications between all parties (i.e. architectural, mechanical, materials, landscaping, local agencies, etc.) ensuring responses and resolutions are provided in a timely manner. Maintain accurate records to document the communication process.

Submit all administrative items relating to Invoice Approval, Personnel Approval, User IDs, Time Extensions, and Change Orders to the County’s Construction Project Manager for review and approval.

8.0 PERFORMANCE OF THE CONSULTANT: During the term of this Agreement and all Change Orders thereof, the County will review various phases of Consultant operations, such as construction inspection, materials sampling, testing, administrative activities, and FHWA 1273 Federal-Aid required activity to determine compliance with this Agreement. If deficiencies are indicated, remedial action shall be implemented immediately. County recommendations and Consultant responses/actions are to be properly documented by the Consultant. No additional compensation shall be allowed for remedial action taken by the Consultant to correct deficiencies. Remedial actions and required response times may include but are not necessarily limited to the following:

A. Further subdivide assigned inspection responsibilities, reassign inspection personnel, or assign additional inspection personnel, within one week of notification.

B. Immediately replace personnel whose performance has been determined by the Consultant and/or the County to be inadequate.

C. Immediately increase the frequency of monitoring and inspection activities in phases of work that are the Consultant's responsibility.

D. Increase the scope and frequency of training of the Consultant personnel.

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9.0 REQUIREMENTS OF THE CONSULTANT: 9.1 General:

It shall be the responsibility of the Consultant to administer, monitor, and inspect the Construction Contract such that the project is constructed in reasonable conformity with the plans, specifications, and special provisions for the Construction Contract.

Observe the Contractor’s work to determine the progress and quality of work. Identify discrepancies, report significant discrepancies to the County, and direct the Contractor to correct such observed discrepancies.

Consult with the County’s Construction Project Manager as necessary and direct all issues, which exceed delegated authority to the County’s Construction Project Manager for County action or direction.

Inform the County’s Construction Project Manager of any significant omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action that has been directed to be performed by the Contractor.

For the duration of the project, all Technicians and Inspector provided by the Consultant and/or Sub-Consultant(s) for the project must be CTQP qualified to perform the assigned duties and/or tasks.

9.2 Survey Control (As requested by Construction Project Manager):

Check or establish the survey control baseline(s) along with sufficient baseline control points and bench marks at appropriate intervals along the project in order to: (1) make and record measurements necessary to calculate and document quantities for pay items, (2) make and record pre-construction and final cross section surveys of the project site in those areas where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the construction project, and (3) perform incidental engineering surveys.

9.3 On-site Inspection:

Monitor the Contractor's on-site construction activities and inspect materials entering into the work in accordance with the plans, specifications, and special provisions for the Construction Contract to determine that the projects are constructed in reasonable conformity with such documents. Maintain detailed accurate records of the Contractor's daily operations and of significant events that affect the work. The Consultant will monitor off-site activities and fabrication unless otherwise stipulated by this Agreement.

Monitor and inspect Contractor’s Work Zone Traffic Control Plan and review modifications to the Work Zone Traffic Control Plan, including Alternate Work Zone Traffic Control Plan, in accordance with the FDOT’s procedures. Consultant employees performing such services shall be qualified in accordance with the FDOT’s guidelines of Traffic Training (Topic No. 625-010-010-h).

9.4 Sampling and Testing (As requested by Construction Project Manager):

Perform sampling and testing of component materials and completed work in accordance with the Construction Contract documents. All sampling and testing shall be executed in conjunction with a licensed independent laboratory, hired by the Consultant, that is approved in writing by the County’s Construction Project Manager. The minimum sampling

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frequencies set out in the FDOT's Materials Sampling, Testing and Reporting Guide shall be met. In complying with the aforementioned guide, provide daily surveillance of the Contractor's Quality Control activities and perform the sampling and testing of materials and completed work items for verification and acceptance.

The Consultant will perform inspection and sampling of materials and components at locations remote from the project site and perform testing of materials normally done in a laboratory remote from the project site. Determine the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, DOT label, DOT stamp, etc.

The County will monitor the effectiveness of the Consultant's testing procedures through observation and independent assurance testing (verification testing). Sampling, testing and laboratory methods shall be as required by the FDOT's Standard Specifications, Supplemental Specifications or as modified by the Special Provisions of the Construction Contract. Documentation reports on sampling and testing performed by the Consultant shall be submitted during the same week that the construction work is done. Transport samples to the appropriate laboratory. The Consultant shall provide daily surveillance of the Contractor’s Quality Control activities at the project site in regard to concrete and perform acceptance testing and sampling.

9.5 Engineering Services:

While under contract with the County, the Consultant will coordinate the Construction Contract administration activities of all parties other than the Contractor involved in completing the construction project.

Services shall include maintaining the required level of surveillance of Contractor activities, interpreting plans, specifications, and special provisions for the Construction Contract. Maintain complete, accurate records of all activities and events relating to the project and properly document all project changes. The following services shall be performed:

(1) Attend a pre-service meeting for the Agreement in accordance with CPAM. Provide appropriate staff to attend and participate in the pre-service meeting. At the pre-service meeting the Consultant shall submit Action Request packages for Personnel Approval for immediate staff needs and a copy/computer file of the final negotiated staffing. The Consultant shall record a complete and concise record of the proceedings of the meeting and distribute copies of these minutes to the participants and other interested parties within seven (7) days of the meeting date.

(2) Prepare and submit to the County’s Construction Project Manager for county approval, within thirty (30) days after the pre-service meeting, a hard copy of the project specific Consultant Contract administration documents listed below. The Consultant Contract administration documents, which shall be routinely used by the Consultant throughout the project, shall be in the format and content provided by the County Construction Management Department.

The CONSULTANT Contract administration documents consist of but are not limited to:

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a. Action Request Form, b. Contract Status Report, or other approved fund tracking report, c. CEI CONSULTANT Firm Estimated Staffing (completed in accordance with the

original CONSULTANT Contract agreement), d. CEI CONSULTANT Fee Proposal, and e. CEI CONSULTANT Data.

(3) Schedule and attend Site Manager/EDMS informational meeting with the District

Construction Office. Provide appropriate staff to attend and participate in this meeting.

Provide personnel proficient in the use of computers and scanner operation to input construction documents into an EDMS. This will require familiarity with the documents and guidelines posted on the Department’s website for EDMS. Duties will include scanning, attributing and retrieving documents that are to be archived electronically.

(4) Attend and participate in a Pre-construction conference in accordance with Article 8-3.5 of the FDOT Standard Specification for Road and Bridge Construction. The purpose of these meetings is to discuss the required documentation, including as-builts, necessary for permit(s) compliance. Record significant information revealed and decisions made at this conference and distribute copies of these minutes to the appropriate parties. The meeting shall also be electronically recorded and the Consultant shall maintain all tapes of the meeting for the duration of the Contract.

(5) Verify that the Contractor is conducting inspections, preparing reports and monitoring

all storm water pollution prevention measures associated with the project. For each project that requires the use of the NPDES General Permit, provide at least one inspector who has successfully completed the "Florida Stormwater, Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors”. The Consultant’s inspector will be familiar with the requirements set forth in the FEDERAL REGISTER, Vol. 57, No. 187, Friday, September 5, 1992, pages 4412 to 4435 "Final NPDES General Permits for Storm Water Discharges from Construction Sites" and the FDOT’s guidelines.

(6) Analyze the Contractor’s schedule(s) (i.e. baseline(s), revised baseline(s), updates, as-built, etc.) for compliance with the contract documents. Elements including, but not limited to, completeness, logic, durations, activity, flow, milestone dates, concurrency, resource allotment, and delays will be reviewed. Verify the schedule conforms with the construction phasing and MOT sequences, including all contract modifications. Provide a written review of the schedule identifying significant omissions, improbable or unreasonable activity durations, errors in logic, and any other concerns as detailed in CPAM.

(7) Analyze problems that arise on a project and proposals submitted by the Contractor;

work to resolve such issues, and process the necessary paperwork.

(8) Monitor, inspect and document utility construction for conformance with Utility

Agency’s Standards and the Utility Agency’s Approved Materials List. Facilitate coordination and communication between Utility Agency’s representatives, County’s staff and Contractors executing the work. Identify potential utility conflicts and assist in the resolution of utility issues including County and Local Government owned facilities.

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Identify, review, and track progress of Joint Project Agreements, and/or other County and utility agreements if applicable. Address work progress, track reimbursement activities, and address betterment and salvage determination. Prepare all necessary documentation to support reimbursement activities and betterment and salvage determination.

(9) Produce reports, verify quantity calculations and field measure for payment purposes

as needed to prevent delays in Contractor operations and to facilitate prompt processing of such information in order for the County to make timely payment to the Contractor.

(10) Prepare and make presentations for meetings and hearings before the Dispute Review Boards in connection with the project covered by this Agreement.

(11) Monitor each Contractor and Subcontractor’s compliance with specifications and

special provisions of the Construction Contract in regard to payment in accordance with County procedures.

(12) The County will provide Public Information Services.

(13) Video tape the pre-construction conditions throughout the project limits. Provide a

digital photo log or video of project activities, with heavy emphasis on potential claim items/issues and on areas of real/potential public controversy.

(14) Provide a digital camera for photographic documentation of pre-construction state and of noteworthy incidents or events during construction. These photographs will be filed and maintained on the Consultant’s computer using a Digital Photo Management system.

Photographs shall be taken the day prior to the start of construction and continue as needed throughout the project. Photographs shall be taken the days of Conditional, Partial and Final Acceptance.

9.6 FDOT LAP Compliance: The prime Consultant will provide staff to monitor the Contractor and Subcontractor’s performance for compliance with all requirements of the Equal Employment Opportunity (EEO) and Affirmative Action (AA), Disadvantage Business Enterprise (DBE), On-the-Job Training (OJT), if applicable, and federal Wage Rate Provisions required by the FHWA 1273 Required Contract Provisions Federal-Aid Construction Contracts and Florida Statutes. In accordance with the FDOT Contract Compliance Workbook, the Consultant staff will:

participate in County Contract Compliance training prior to pre-construction meeting;

attend and participate in a pre-conference construction meeting;

maintain EEO Compliance excel spreadsheet and submit weekly to County’s Resident Compliance Specialist (RCS);

conduct all compliance inspections and employee interviews;

receive and verify contractor’s payroll for format, classification, pay, and timely submittal;

issue noncompliance notices to contractors;

perform all requirements related to the On-the Job Training Program;

submit daily compliance construction logs to County RCS;

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participate in regularly scheduled progress meetings;

prepare and submit photographic and written records;

oversee and submit EEO July reporting to County’s RCS;

provide weekly all compliance documentation electronically, in PDF format, to the County’s RCS for review and permanent audit filing; and,

perform other compliance activities as required.

Awarded Consultants will be required to use the following electronic tool: The Equal Opportunity Compliance (EOC) system is a web based application that was made available to the public and the EOC application is used statewide by FDOT Consultants to report Bidders Opportunity List(s), DBE Commitments and DBE/MBE Payments.

10.0 PERSONNEL: 10.1 General Requirements:

Provide qualified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. Acceptable staffing of personnel to be assigned to this project is outlined herein and in Exhibit “A-A.”

Pursuant to Section 4.1.4 of the Construction Project Administration Manual (CPAM), the authority of the Consultant’s lead person, such as the Senior Project Engineer, and the Consultant’s Project Administrator shall be identical to the FDOT’s Resident Engineer and Project Administrator respectively and shall be interpreted as such.

FDOT Certification of the Consultant’s Project Administrator is a requirement of the contract.

FDOT Certification of Contact Compliance Specialist Training is a requirement of the contract.

10.2 Personnel Qualifications: Provide competent personnel qualified by experience and education. Submit in writing to the County’s Construction Project Manager the names of personnel proposed for assignment to the project, including a detailed resume for each containing at a minimum: salary, education, and experience. The Consultant Action Request form for personnel approval shall be submitted to the County’s Construction Project Manager at least two weeks prior to the date an individual is to report to work.

Personnel identified in the Consultant technical proposal are to be assigned as proposed and are committed to performing services under this Agreement. Personnel changes will require written approval from the County’s Construction Project Manager. Staff that has been removed shall be replaced by the Consultant within one week of County Construction Project Manager’s notification.

Before the project begins, all project staff shall have a working knowledge of the current CPAM and must possess all the necessary qualifications/certifications for fulfilling the duties of the position they hold. Cross training of the Consultant’s project staff is highly recommended to achieve a knowledgeable and versatile project inspection team but shall not be at any additional cost to the County and should occur as workload permits. Visit the training page on the State Construction Office website for training dates.

Minimum qualifications for the Consultant personnel are set forth herein and in Exhibit “A-A”. Exceptions to these minimum qualifications may be considered on an individual basis at the

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discretion of the County. Any exceptions to these minimum qualifications must be preapproved by the County in writing. However, a Project Administrator working under the supervision and direction of a Senior Project Engineer or an Inspector working under the supervision and direction of a Senior Inspector shall have six months from the date of hire to obtain the necessary qualifications/certifications provided all other requirements for such positions are met and the Consultant submits a training plan detailing when such qualifications/certifications and other training relative to the FDOT’s procedures, Specifications and Design Standards will be obtained. The County will have the final approval authority on such exceptions.

10.3 Staffing: Once authorized, the Consultant shall establish and maintain appropriate staffing throughout the duration of construction and completion of the final estimate. Responsible personnel, thoroughly familiar with all aspects of construction and final measurements of the various pay items, shall be available to resolve disputed final pay quantities until the County has received a regular acceptance letter.

Construction engineering and inspection forces will be required of the Consultant while the Contractor is working. If Contractor operations are substantially reduced or suspended, the Consultant will reduce its staff appropriately. In the event that the suspension of Contractor operations requires the removal of Consultant forces from the project, the Consultant will be allowed ten (10) days maximum to demobilize, relocate, or terminate such forces.

11.0 QUALITY ASSURANCE (QA) PROGRAM: 11.1 Quality Assurance Plan:

Within thirty (30) days after receiving award of an Agreement, furnish a QA Plan to the County’s Construction Project Manager. The QA Plan shall detail the procedures, evaluation criteria, and instructions of the Consultant’s organization for providing services pursuant to this Agreement. Unless specifically waived, no payment shall be made until the County approves the Consultant QA Plan.

Significant changes to the work requirements may require the Consultant to revise the QA Plan. It shall be the responsibility of the Consultant to keep the plan current with the work requirements. The Plan shall include, but not be limited to, the following areas:

A. Organization: A description is required of the Consultant QA Organization and its functional relationship to the part of the organization performing the work under the Agreement. The authority, responsibilities and autonomy of the QA organization shall be detailed as well as the names and qualifications of personnel in the quality control organization.

B. Quality Assurance Reviews: Detail the methods used to monitor and achieve organization compliance with Agreement requirements for services and products.

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C. Quality Assurance Records: Outline the types of records which will be generated and maintained during the execution of the QA program.

D. Control of Subconsultants and Vendors: Detail the methods used to control subconsultant and vendor quality.

E. Quality Assurance Certification: An officer of the Consultant firm shall certify that the inspection and documentation was done in accordance with FDOT specifications, plans, standard indexes, and FDOT procedures.

11.2 Quality Assurance Reviews: Conduct semi-annual Quality Assurance Reviews to ensure compliance with the requirements of the Agreement. Quality Assurance Reviews shall be conducted to evaluate the adequacy of materials, processes, documentation, procedures, training, guidance, and staffing included in the execution of this Agreement. Quality Assurance Reviews shall also be developed and performed to achieve compliance with specific QA provisions contained in this Agreement. The semi-annual reviews shall be submitted to the County’s Construction Project Manager in written form no later than one (1) month after the review.

On short duration CCEI projects (nine (9) months or less), the CCEI shall perform an initial QA review within the first two (2) months of the start of construction.

On asphalt projects, the CCEI shall perform an initial QA review on its asphalt inspection staff after the Contractor has completed ten (10) full work days of mainline asphalt paving operations, or 25% of the asphalt pay item amount (whichever is less) to validate that all sampling, testing, inspection, and documentation are occurring as required of the CCEI staff.

11.3 Quality Records: Maintain adequate records of the quality assurance actions performed by the organization (including subcontractors and vendors) in providing services and products under this Agreement. All records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the corrective actions taken. All records shall be available to the County, upon request, during the Agreement term. All records shall be kept at the primary job site and shall be subject to audit review.

12.0 CERTIFICATION OF FINAL ESTIMATES: (As requested by Construction Project Manager) 12.1 Final Estimate and As-Built Plans Submittal:

Prepare documentation and records in compliance with the Agreement, Statewide Quality Control (QC) Plan, or Consultant’s approved QC Plan and the FDOT’s Procedures as required by Section 4.1.4 of Review and Administration Manual. Submit the Final Estimate(s) and one (1) set of final Signed and Sealed “as-built” documents (including, as applicable, all Signed and Sealed revisions to the contract documents [including but not limited to, all revised drawings, specifications, calculations, technical special provisions, load ratings, etc.]). The “as-built” documents must represent all of the Contractor’s work in accordance with the Review and Administration Manual.

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Revisions to the Certified Final Estimate will be made at no additional cost to the County. 12.2 Certification:

Consultant personnel preparing the Certified Final Estimate Package shall be CTQP Final Estimates Level II qualified. Duly authorized representative of the Consultant firm will provide a notarized certification on a form pursuant to FDOT’s procedures.

12.3 Offer of Final Payment: Prepare the Offer of Final Payment package as outlined in Chapter 14 of the Review and

Administration Manual. The package shall accompany the Certified Final Estimates Package submitted to the County’s Construction Project Manager for review. The Consultant shall be responsible for forwarding the Offer of Final Payment Package to the Contractor.

13.0 AGREEMENT MANAGEMENT:

13.1 General:

(1) With each monthly invoice submittal, the Consultant will provide a Status Report for

the Agreement. This report will provide an accounting of the additional Agreement calendar days allowed to date, an estimate of the additional calendar days anticipated to be added to the original schedule time, an estimate of the Agreement completion date, and an estimate of the Consultant funds expiration date per the Agreement schedule for the prime Consultant and for each subconsultant. The Consultant will provide a printout from the Equal Opportunity Reporting System showing the previous month’s payments made to subconsultants. Invoices not including this required information may be rejected.

(2) When the Consultant identifies a condition that will require an amendment to the Agreement, the Consultant will communicate this need to the County’s Construction Project Manager for acceptance. Upon acceptance, prepare and submit an Amendment Request (AR), and all accompanying documentation to the County’s Construction Project Manager for approval and further processing. The AR is to be submitted at such time to allow the County 12 weeks to process, approve, and execute the AR. The content and format of the AR and accompanying documentation shall be in accordance with the instructions and format to be provided by the County.

(3) The Consultant is responsible for performing follow-up activities to determine the status of each Amendment Request submitted to the County.

13.2 Invoicing Instructions: Monthly invoices shall be submitted to the County in a format approved by the County, no later than the 20th day of the month following the month being invoiced.

If the Consultant cannot submit their monthly invoice on time, the Consultant shall notify the County, prior to the due date the reason for the delay and the planned submittal date. Once submitted, the Consultant shall notify the County’s Construction Project Manager via Email of the total delay in calendar days and the reason(s) for the delay(s). All invoices shall be submitted to Collier County in hard copy format.

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14.0 OTHER SERVICES:

Upon written authorization by the County’s Construction Project Manager, the Consultant will perform additional services in connection with the project not otherwise identified in this Agreement. The following items are not included as part of this Agreement, but may be required by the County to supplement the Consultant services under this Agreement.

A. Assist in the timely preparation of all claims and necessary rebuttals with the organization of any and all supporting documentation as needed or required by the County pursuant to the Collier County Alternative Dispute Resolution Procedures.

B. Provide qualified engineering witnesses and exhibits for any litigation or hearings in connection with the Contract.

C. Assist the County Attorney or his designee as directed in the preparation for Binding Arbitration and Pre-Suit Mediation.

D. Provide on- and off-site inspection services in addition to those provided for in this Agreement.

15.0 POST CONSTRUCTION CLAIMS REVIEW: In the event the Consultant for the project submits a claim for additional compensation and/or time after the Consultant has completed this Agreement, the Consultant shall, at the written request from the County, analyze the claim, prepare a recommendation to the County’s Construction Project Manager covering validity and reasonableness of charges, and/or assist in negotiations leading to settlement of the claim. Compensation will be separately reimbursed by a Supplement to this Agreement

16.0 CONTRADICTIONS: In the event of a contradiction between the provisions of this Scope of Services and the Consultant’s proposal as made a part of their Agreement, the provisions of the Scope of Services shall apply.

17.0 COUNTY AUTHORITY The County shall be the final authority in considering modifications to the Construction Contract for time, money or any other consideration except matters agreed to by the Contractor through contract changes negotiated by the Consultant, as authorized in Section 9.1 herein.

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Exhibit "A-A"

MINIMUM QUALIFICATIONS FOR

CONSTRUCTION ENGINEERING AND INSPECTION PERSONNEL

Note: Exceptions to these minimum qualifications may be considered on an individual basis at the discretion of the County. Any exceptions to these minimum qualifications must be preapproved by the County in writing.

ARCHITECT- Registered as an architect in accordance with Florida Statute 481 and four years of experience as a registered architect. Qualifications include the ability to communicate effectively, review architectural plans and specifications. Plans and organizes staff; develops and reviews policies and reviews programs for conformity with FDOT standards. A master’s degree may be substituted for two years experience. (This position is not eligible for straight or premium overtime pay.) CEI ASPHALT PLANT INSPECTOR- High School Graduate or equivalent plus one (1) year experience in the surveillance and inspection of hot mix asphalt plant operations and have the following:

QUALIFICATIONS: CTQP Asphalt Plant Level I CTQP Asphalt Plant Level II

CEI BRIDGE PROJECT ADMINISTRATOR (PAINTING/ LEAD ABATEMENT/ STRUCTURAL STEEL REPAIR):

CERTIFICATIONS: NACE Level III Certified or BCI Level II Certified SSPC C-3 Lead Paint Removal AWS Certified Welding Inspector (CWI) familiar with ANSI/AASHTO/AWS Bridge Welding Code

CEI BRIDGE SENIOR INSPECTOR (PAINTING/ LEAD ABATEMENT/ STRUCTURAL STEEL REPAIR):

CERTIFICATIONS: NACE Level III Certified or BCI Level II Certified SSPC C-3 Lead Paint Removal AWS Certified Welding Inspector (CWI) familiar with ANSI/AASHTO/AWS Bridge Welding Code

CEI BRIDGE INSPECTOR (PAINTING/ LEAD ABATEMENT/ STRUCTURAL STEEL REPAIR):

CERTIFICATIONS: NACE Level I or BCI Level I SSPC C-3 Lead Paint Removal AWS Certified Welding Inspector (CWI) familiar with ANSI/AASHTO/AWS Bridge Welding Code

CASTING YARD ENGINEER/ MANAGER- (Concrete Post-Tensioned Segmental Box Girder Bridges (CPTS)) Must be a registered Professional Engineer in the State of Florida (or if registered in another state, have the ability to obtain registration in Florida with 6 months) with a minimum of one (1) year, or non-registered with a minimum of three (3) years of experience with the use of geometry control computer programs and with the performance of surveying procedures required for the production of precast concrete box segments at a casting yard.

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GEOTECHNICAL ENGINEER for Category I Bridge Pile Foundations- Registered in the State of Florida as a Professional Engineer (or if registered in another state, the ability to obtain registration in the State of Florida within six months) plus four (4) years of experience as a Geotechnical Engineer in responsible charge of geotechnical work, including at least two Category I bridges with pile foundations. Experience performing. Analyzing and interpreting the results of: non-destructive testing of pile foundations, dynamic and static load testing, the Pile Driving Analyzer (PDA), CAPWAP and WEAP as appropriate. GEOTECHNICAL ENGINEER for Category I Bridge Drilled Shaft Foundations- Registered in the State of Florida as a Professional Engineer (or if registered in another state, the ability to obtain registration in the State of Florida within six months) plus four (4) years of experience as a Geotechnical Engineer in responsible charge of geotechnical work, including at least two Category I bridges with drilled shaft foundations. Experience performing analyzing and interpreting the results of: the Shaft Inspection Device, non-destructive tests of drilled shaft foundations and load tests as appropriate.

GEOTECHNICAL ENGINEER for Category II Bridge Pile Foundations- Registered in the State of Florida as a Professional Engineer (or if registered in another state, the ability to obtain registration in the State of Florida within six months) plus five (5) years of experience as a Geotechnical Engineer in responsible charge of geotechnical work, including at least one Category II bridge with pile foundations. Experience performing, analyzing and interpreting the results of: non-destructive testing of pile foundations, dynamic and static load testing, the Pile Driving Analyzer (PDA), CAPWAP and WEAP as appropriate. GEOTECHNICAL ENGINEER for Category II Bridge Drilled Shaft Foundations: Registration in the State of Florida Board as a Professional Engineer (or if registered in another state, the ability to obtain registration in the State of Florida within six months) plus five (5) years of experience as a Geotechnical Engineer in responsible charge of geotechnical work, including at least one Category II bridge with drilled shaft foundations. Experience performing, analyzing and interpreting the results of: the Shaft Inspection Device, non-destructive tests of drilled shaft foundations and load tests as appropriate. GEOTECHNICAL TECHNICIAN for Pile Foundations- Qualified CTQP Pile Driving Inspector, knowledgeable in pile installation in conjunction with dynamic load tests with a minimum of three (3) years of experience on at least two (2) FDOT bridge projects: for projects with Embedded Data Collectors (EDCs), certified EDC monitoring equipment operator. GEOTECHNICAL TECHNICIAN for Drilled Shaft Foundations- Qualified CTQP Drilled Shaft Inspector, knowledgeable in drilled shaft installation with a minimum of three (3) years of experience on at least two (2) FDOT bridge projects.

CEI SENIOR ITS INSPECTOR- High School graduate or equivalent plus four (4) years of experience in construction inspection, two (2) years of which shall have been in ITS construction inspection plus the following:

QUALIFICATIONS: Fiber Installation Inspection and OTDR Fiber Testing DMS Operation and Testing Controller Operation and Testing CCTV Installation, Operation and Testing MVDS Operations and Testing FDOT SEMP Training Familiarity with Existing Communication Equipment and Switches CERTIFICATIONS: IMSA Traffic Signal Inspector Level I

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Or a Civil Engineering Degree and one (1) year of ITS CEI experience. Responsible for performing highly complex technical assignments in fields surveying and construction layout, making and checking engineering computations, inspecting construction work and conducting field tests and is responsible for coordinating and managing the lower level inspectors. Work is performed under the general supervision of the Project Administrator. CEI ITS INSPECTOR- High School Graduate or equivalent plus two (2) years of experience in construction inspection, one (1) year of which shall have been in ITS construction inspection, plus the following:

QUALIFICATIONS: Fiber Installation Inspection and OTDR Fiber Testing DMS Operation and Testing Controller Operation and Testing CCTV Installation, Operation and Testing Familiarity with Existing Communication Equipment and Switches MVDS Operations and Testing CERTIFICATIONS: IMSA Traffic Signal Inspector Level I Or a Civil Engineering Degree

Responsible for performing assignments in assisting Senior Inspector in the performance of their duties. Receive general supervision from the Senior Inspector who reviews work while in progress. Civil Engineering graduates must obtain certifications within the first year of working as an inspector or Engineer Intern. Exceptions will be permitted on a case-by-case basis so long as qualifications and certifications are appropriate for specific inspection duties. SOFTWARE ENGINEER- An Electrical Engineering Degree and five (5) years of experience in traffic signal design, analysis and implementation; software design analysis, programming and software/hardware and staging for traffic signal control system. (This position is not eligible for straight or premium overtime pay.) COMMUNICATIONS ENGINEER- An Electrical Engineering Degree plus registration in the State of Florida as a Professional Engineer desirable and ten (10) years of experience involving computer controlled systems for computerized traffic signal systems. The experience should include design review, equipment specifications, installation supervision, equipment and reliability analysis. (This position is not eligible for straight of premium overtime pay.) SYSTEMS TECHNICIAN- High School Graduate plus five (5) years of experience in Electronic Systems and/or Traffic Engineering technician level work, detailed experience and training in the use of Otter’s and other equipment related to fiber optic communication testing. Requires certification of this training or equivalent training. CEI LANDSCAPE INSPECTOR- High School Graduate or equivalent plus five (5) years of roadway landscape construction experience or Florida Nursery Growers and Landscape Association (FNGLA) Certified Landscape Contractor Certification plus two (2) years of roadway landscape construction experience or a degree in a related field plus three (3) years of roadway landscape construction experience. The individual must be skilled at plant identification, classification, and grades and standards for nursery plants as established by the manual “Grades and Standards for Nursery Plants” by the Florida Department of Agriculture and Consumer Services. The individual must be knowledgeable of current Florida Department of Transportation standards for landscape installation, including plans reading and irrigation system construction. The individual must have the ability to read and interpret contract documents. The individual will receive general supervision from the Senior Inspector who reviews work while in progress.

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CEI SENIOR ENVIRONMENTAL SPECIALIST- A Master’s Degree in Physical or Natural Science and equivalent and seven (7) years of professional experience or a Bachelor’s Degree in Environmental Science and ten (10) years of professional experience and general background and knowledge in wetlands ecology, environmental permitting, wildlife surveys, wetland assessment, mitigation and management, management and erosion control practices, and/or hazardous waste and oil spill remediation, site restoration, environmental audits, contamination assessments, soil and groundwater remediation, and underground storage tank services as appropriate for the project. For project work involving management and erosion control practices, the individual shall be a qualified FDEP Stormwater Management Inspection.

QUALIFICATIONS: NPDES FDEP Qualified CERTIFICATIONS: FDEP

CEI ENVIRONMENTAL SPECIALIST- A Bachelor’s Degree in Environmental Science and three (3) years of professional experience and general background and knowledge in wetlands ecology, environmental permitting, wildlife surveys, wetland assessment, mitigation and management, management and erosion control practices, and/or hazardous waste and oil spill remediation, site restoration, environmental audits, contamination assessments, soil and groundwater remediation, and underground storage tank services as appropriate for the project. For project work involving management and erosion control practices, the individual shall be a qualified FDEP Stormwater Management Inspection.

QUALIFICATIONS: NPDES FDEP Qualified CERTIFICATIONS: FDEP

PUBLIC INFORMATION OFFICER- High School Graduate or equivalent and be knowledgeable in public information and/or advertising involving mass circulation or distribution of literature, mass advertising or other similar activities and performed such work for at least three (3) years. CEI CONTRACT COMPLIANCE SPECIALIST- High School Graduate or equivalent with one (1) year of experience as a contract compliance specialist on a construction project or two (2) years of assisting the compliance specialist in monitoring the project. Should have prior experience in both State and Federal Aid funded construction projects with FDOT and knowledge of EEO/AA laws and FDOT’s DBE and OJT programs. Ability to analyze, collect, evaluate data, and take appropriate action when necessary. Must attend all training workshops or meetings for Contract Compliance Specialists as well as spend time at the District Compliance office as determined necessary. CEI SENIOR INSPECTOR BUILDING STRUCTURES- High School Graduate plus eight (8) years of experience in construction inspection with four (4) years of experience in performing highly complex technical assignments in field surveying and construction layout, making and checking engineering computations, inspecting construction work and conducting fields tests. Senior Building Structures Inspector must be fully knowledgeable of all aspects of the building construction to include masonry work and familiarization with the local and State building codes and ordinances. Work is performed under the general supervision of the Project Engineer. CEI BUILDING INSPECTOR/ ELECTRICAL- High School Graduate plus five (5) years experience as a qualified building inspector or general contractor. Experience shall be actual field experience as a qualified building inspector or job superintendent. Inspector must be fully knowledgeable of all local and State building codes and ordinances. CEI UTILITY COORDINATOR- High School Graduate or equivalent and be knowledgeable of FDOT’s Standards, policies, procedures, and agreements and shall have a minimum of four (4) years of experience performing utility coordination in accordance with FDOT’s Standards, policies, procedures and agreements

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Exhibit B Federal Provisions Professional Services

FHWA 20.205

FEDERAL LAWS AND REGULATIONS Because 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.

CIVIL RIGHTS COMPLIANCE The Consultant, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 200d to 200d-7 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally- assisted programs of the Department of Transportation issued pursuant to such Act, Collier County hereby notifies all consultants that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, national origin, marital status, sex, age, disability in consideration for an award.

Non Discrimination : All contracts shall contain a provision requiring compliance with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits. 1. Equal Employment Opportunity: The following equal employment opportunity

requirements apply to the underlying contract:

a. Age: Under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107), the

Consultant agrees to refrain from discrimination against present and prospective employees

on the basis of age.

b. Race, Color, Creed, National Origin, Sex: Per Executive Order 11246 as amended by

Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, the Consultant

agrees to refrain from discrimination against anyone on the basis of race, color, religion, sex

or national origin in all phases of employment during the performance of federal or federally

assisted construction contracts. The Consultant agrees to take affirmative action to insure fair

treatment in employment, upgrading, demotion, or transfer and in such actions as recruitment or

recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and

election for training and apprenticeship.

c. Disabilities: The Consultant agrees that it will comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications.

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OTHER REGULATIONS

Access to Documents: Consultant shall exercise best efforts to maintain communication with Applicant's personnel, whose involvement in the project is necessary for successful and timely completion of the work of the project, including but not limited to the closing of specific transactions. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. During the term of the Agreement and for the ensuing record-retention period, Consultant shall make any or all project records available upon reasonable request, and in any event within two (2) business days if requested, to Collier County, and any other agency of State or Federal government, or the duly authorized representatives of any of the foregoing, that has provided funding or oversight or the project, for the purpose of making audit, examination, excerpts and/or transcriptions. For purposes of this section, "records" means any and all books, documents, papers and records of any type or nature that are directly pertinent.

Retention of Documents: Consultant shall maintain all project records for a minimum period of three (3) years from the date of the last voucher.

Debarment and Suspension (E.O.s 12549 and 12689):

Contract awards that exceed the small purchase threshold and certain other contract awards shall not be made to parties listed on the nonprocurement portion of the General Services Administration's List of parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, “Debarment and Suspension.” This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and Consultants declared ineligible under statutory or regulatory authority other than E.O. 12549. Consultants with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principals. Vendors submitting proposals for this purchase must attest that they, and their sub-Consultants and partners, are not excluded from receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement suspension and debarment. Consultant’s debarment and suspension status will be validated at the System for Award Management at www.sam.govand the State of Florida at http://dms.myflorida.com/business_operations/state_purchasing/ vendor information.

Byrd Anti-Lobbying Amendment (31 U.S.C. 1352): Consultants 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 up from tier-to-tier-to recipient.

DBE Participation The o v e r a l l g o a l f o r t h e F l o r i d a D e p a r t m e n t of Transportation’s (FDOT) Disadvantaged Business Enterprise (DBE) program for FHWA assisted contracts is established on a triennial basis. The overall goal for federal fiscal years 22015 – 2017 has been set at 9.91% race-neutral utilizing the methodologies described in 49 CRF Part 26. This means that the State's goal is to spend at least 9.91% of the federal aid highway dollars with Certified DBE's as prime firms or as sub-consultants/sub-Consultants. Race-neutrality means that the Department has demonstrated that the 9.91% overall goal can be achieved through the normal competitive procurement process without using DBE contract goals.

http://www.sam.gov/

http://dms.myflorida.com/

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The County encourages DBE firms to compete for County professional services projects, and also encourages non-DBE consultants to use DBE firms as sub-consultants. However, use of DBE sub-consultants is not mandatory and no preference points will be given in the selection process for DBE participation.

The CONSULTANT, sub recipient or sub-Consultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The CONSULTANT shall carry our applicable requirements of 49 CFR Part 26 in the award and administration of DOT – assisted contracts. Failure of the CONSULTANT to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the COUNTY deems appropriate.

Each subcontract the CONSULTANT or its subs signs in regards to a federal aid project must include the assurance in the above paragraph (see 49 CFR 26.13(b)). The CONSULTANT and its sub-Consultants agree to comply with all applicable federal implementing regulations and other implementing requirements the Federal government may issue.

Prohibited Interests “No member, officer, or employee of the County or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof.” Each subcontract the CONSULTANT or its subs signs in regards to this Contract must include the assurance in the above paragraph. Terms for Federal Aid Contracts

The following terms and conditions supersede any terms and conditions under the General Conditions of this contract and/or policy and guidelines of Collier County Government for the purpose of this engagement only.

The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal funds:

A. It is understood and agreed that all rights of Collier County relating to inspection, review, approval,

patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America.

B. It is understood and agreed that, in order to permit federal participation, no supplemental

agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of U.S.Department of Transportation, anything to the contrary in this Agreement notwithstanding.

C. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to

nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement.

D. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall

not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant r shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when

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the contract covers a program set forth in Appendix B of the Regulations.

E. Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Consultant of the Consultant’s obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status.

F. Information and Reports: The Consultant will provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by Collier County, Florida Department of Transportation, a Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to Collier County, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information.

G. Sanctions for Noncompliance: In the event of the Consultant’s noncompliance with the nondiscrimination provisions of this contract, Collier County shall impose such contract sanctions as it or the Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to:

1. withholding of payments to the Consultant under the contract until the Consultant complies and/or

2. cancellation, termination or suspension of the contract, in whole or in part.

H. Incorporation of Provisions: The Consultant will include the provisions of paragraphs C through I in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as Collier County, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Adminsitration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request Collier County to enter into such litigation to protect the interests of Collier County and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

I. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964

(42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights

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Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

J. Interest of Members of Congress: No member of or delegate to the Congress of the United States

will be admitted to any share or part of this contract or to any benefit arising therefrom.

K. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State.

L. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the

following statement from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Consultant and any subconsultant or contractor.

The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT- assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.

M. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement.

N. It is understood and agreed that if the Consultant at any time learns that the certification it

provided the County in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Consultant shall provide immediate written notice to the County. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation.

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O. Collier County hereby certifies that neither the consultant nor the consultant's representative has been required by the County, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to:

1. employ or retain, or agree to employ or retain, any firm or person or 2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or

consideration of any kind.

The County further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.

P. The Consultant hereby certifies that it has not:

1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above contractor) to solicit or secure this contract;

2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this contract; or

3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract.

The consultant further acknowledges that this agreement will be furnished to Collier County, the State of Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal- Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.

E-Verify All consultants, and their subconsultants, performing work or providing services shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired during the contract term.

Public Entity Crimes Statement In accordance with Florida Statutes Sec. 287.133(2)(a), 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 on a contract to provide goods/services to a public entity nor 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 Section 287.017, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list.

56


Exhibit C Granting Agency Requirements

THE FOLLOWING DOCUMENTS SHOULD BE RETURNED WITH SOLICITATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE

1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions

2. General Grant Clauses

3. Certification for Disclosure of Lobbying Activities on Federal Aid Contracts

4. Standard Form-LLL, Disclosure of Lobbying Activities Form

5. Conflict of Interest Affidavit

6. Collier County DBE Participation Statement

7. Collier County Consultant Bid Opportunity List

8. Drug Free Workplace Certification

9. Truth in Negotiation Certification

COLLIER COUNTY

Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions

(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification; and

(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Name

Title

Firm

Street Address, City, State, Zip

Signature

Project Name

Project Number

Tax ID Number

DUNS Number

03/04/2013- (2) I

COLLIER COUNTY

General Grant Clauses

On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s).

Vendor/Contractor Name ~---------------~

Authorized Signature------------------------------

Address ~---------------------------------

Solicitation Contract# ----------------~ ----------

COLLIER COUNTY

Certification Regarding lobbying

The undersigned ________________ (Vendor/ Contractor) certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)]

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.]

The Vendor/Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.

Name of Authorized Official -------------- ___________ Title

______________ Signature of Vendor/Contractor's Authorized Official

______________ Date

02115 R3

COLLIER COUNTY

Certification Regarding lobbying

The undersigned ---------------- (Vendor/ Contractor) certifies, to the best of his or her knowledge and belief, that:

(1) No State 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 the Legislature, an officer or employee of the judicial branch, or an employee of a State agency in connection with the awarding of any State contract, the making of any State grant, the making of any State loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State contract, grant, loan, or cooperative agreement.

(2) No grantee, nor its persons or affiliates, may employ any person or organization with funds received pursuant to any State agreement for the purpose of lobbying the Legislature, the judicial branch, or a State agency. The purpose of lobbying includes, but is not limited to, salaries, travel expenses and per diem, the cost for advertising, including production costs; postage; entertainment; and telephone and telegraph; and association dues. The provisions of this paragraph supplement the provisions of section 11.062, Florida Statutes, which is incorporated by reference into this solicitation, purchase order or contract.

(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.

The Vendor/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 11.062, Florida Statutes., apply to this certification and disclosure, if any.

of Authorized Official ___________ Title

______________ Signature of Vendor/Contractor's Authorized Official

Date --------------

02/15 R3

COLLIER COUNTY

Vendor Submittal - Conflict of Interest Certification

Collier County Solicitation No.

I, , hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter.

I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter.

I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by, the conduct of this matter.

Name Signature

Position Date

Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made: (1) to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena; (3) to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records.

COLLIER COUNTY

ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT

Status will be verified. Unverifable statuses will require the PRIME to either proivde a revised statement or provide source documentation that validates a

status. ·.

A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME

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? A SERVICE DISABLED VETERAN?

IS THIS SUBMISSION A REVISION?

PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT

DBE? Y N

MBE? Y N

WBE? Y N

SDB 8A? Y N

IS THE ACTIVITY OF THIS CONTRACT ...

CONSTRUCTION ?

CONSULTATION?

OTHER?

Y N IF YES, REVISION NUMBER

y

y

y

N

N

N

. . .• < • . . ·. .. .•• . . . •. .·· . • . . • • .• : . . . •. . . B. IF PRIMEHAS SUBCONTRACTOR ORSUPPUER .. WHO IS A DISAOVANJAGED l\lllNORITY, WOMEN-OWl\JED, SMA~L

BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION ', " ,' , •, ' ,.,. ' , , , '/ ,, ,•. ·. ·-:

DBE M/WBE

VETERAN

SUBCONTRACTOR OR SUPPLIER

NAME

TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER

SPECIALTY (See Below) DOLLAR AMOUNT

PERCENT OF CONTRACT

DOLLARS

..

. •

TOTALS:

··. c. SECTIONTC>,BE CQMPl.~TE,D B'(PRIMEVENDOR/CONTRA€'1"QR . NAME OF SUBMITTER DATE TITLE OF SUBMITTER

EMAIL ADDRESS OF PRIME (SUBMITTER) TELEPHONE NUMBER FAX NUMBER

NOTE: 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.

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

D •. SECTIONTO aECQiylPLETED BY COLUER COUNTY ... i ;.> .· • .. . .

DEPARTMENT NAME COLLIER CONTRACT# (IFB/RFP or PO/REQ) GRANT PROGRAM/CONTRACT

ACCEPTED BY: DATE

COLLIER COUNTY GRANT COMPLIANCE FORM

BID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES

AND PROFESSIONAL CONSULTANT SERVICES

It is the policy of Collier County that disadvantaged businesses and minority vendors, as defined in the Code of Federal Regulations (CFR) or

Florida Statutes {FS), must have the o ortunit to artici ate on contracts with edera/ and/or state rant assistance.

Prime Contractor/Prime Consultant:

Address and Phone Number:

Procurement Number/Advertisement Number:

The list below is intended to be a listing of firms that are, or attempting to, participate on the project numbered above. The list must

include the firm bidding or quoting as prime, as well as subs and suppliers quoting for participation. Prime contractors and consultants must

provide information for Numbers 1, 2, 3, and 4; and, should provide any information they have for Numbers 5, 6, 7, and 8. This form must

be submitted with the bid package.

1. Federal Tax ID Number: 6.B DBE 8. Annual Gross Receipts

2. Firm Name: Non-DBE Less than $ 1 million

3. Phone Number: Between$ 1-5 million

4. Address Between$ 5-10 million 7.B Subcontractor Between$ 10-15 million

Subconsultant More than$ 15 million

5. Year Firm Established:


2. Firm Name: Non-DBE Less than$ 1 million



Subconsultant More than $ 15 million



2. Firm Name: Non-DBE Less than$ 1 million






2. Firm Name: Non-DBE Less than $ 1 million

3. Phone Number: Between $ 1-5 million




COLLIER COUNTY GRANT COMPLIANCE FORM

BID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES

AND PROFESSIONAL CONSULTANT SERVICES Continued

1. Federal Tax ID Number:

2. Firm Name:

3. Phone Number:

4. Address

7.E1



2. Firm Name: 6.E1

3. Phone Number:

4. Address

7.E1



2. Firm Name: 6.E1

3. Phone Number:

4. Address

7.E1


1. Federal Tax ID Number: 6.E1 2. Firm Name:

3. Phone Number:

4. Address

7.E1


1. Federal Tax ID Number: 6.E1 2. Firm Name:

3. Phone Number:

4. Address

7.E1


DBE

Non-DBE

Subcontractor

Subconsultant

DBE

Non-DBE

Subcontractor

Subconsultant

DBE

Non-DBE

Subcontractor

Subconsultant

DBE

Non-DBE

Subcontractor

Subconsultant

DBE

Non-DBE

Subcontractor

Subconsultant

8. Annual Gross Receipts

Less than $ 1 million

Between$ 1-5 million

Between $ 5-10 million


More than$ 15 million





Between$ 10-lS million









Less than$ 1 million






Less than$ 1 million




More than $ 15 million

COLLIER COUNTY

Certification Regarding Drug-Free Workplace Requirements

The grantee certifies that it will provide a drug-free workplace by:

(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition;

(b) Establishing a drug-free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation and employee assistance programs, and (4) The penalties that may be imposed upon employees for drug abuse violations

occurring in the workplace.

(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a);

(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will-(1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in

the workplace no later than five days after each conviction;

(e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction;

(f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted-(1) Taking appropriate personnel action against such an employee, up to and

including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or

rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;

(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f).

Certifying Official Name Title

Signature Date

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TRUTH IN NEGOTIATION CERTIFICATION 375-030-30

PROCUREMENT 10/01

For any lump-sum or cost-plus-a-fixed-fee professional service agreement over $60,000 the Florida Department of Transportation (Department) requires the Consultant to execute this certificate and include it with the submittal of the Technical Proposal.

The Consultant hereby certifies, covenants and warrants that wage rates and other factual unit costs supporting the compensation for this project's agreement will be accurate, complete, and current at the time of contracting.

The Consultant further agrees that the original agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the Department determines the agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such agreement adjustments shall be made within one (1) year following the end of the agreement. For purpose of this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of the work by the Department, whichever is later.

Name of Consultant

By: ____________ _ Authorized Signature Date

57


EXHIBIT D

LAP FUNDED PROJECT LIST

List of Collier County FDOT/FHWA Projects

As of 07/27/2015

Type FPN Project Description Phase

LAP 429899-1 New Market Rd Sidewalk CEI

LAP 433177-1 Golden Gate Intersection CEI

LAP 435119-1 49th Terrace Sidewalks CEI

LAP 434990-1 GG Various Sidewalks CEI

LAP 433176-1 Pine Ridge Turn Lane CEI

LAP 435030-1 Sunshine Blvd. Sidewalks CEI

LAP 435117-1 North Naples Sidewalks CEI

LAP 435118-1 Vanderbilt Bike Lane/Sidewalk CEI

LAP 435116-1 GG Collector Sidewalks CEI

GRANT FUNDED CCNA REQUEST FOR PROPOSAL (Federal Aid Highway Program Funded) CCNA REQUEST FOR...

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