17-RPS-26-00366 Contract Terms and Conditions.pdf

IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING BID

Request for Professional Services

RPS-26-00366 Page 2

Table of Contents 1 Specifications

1.1 Scope

1.2 Minimum Requirements

2 Submittal Deadline:

3 INSTRUCTIONS FOR RESPONSES

3.1 Proposal Submissions

3.2 Acceptance of Applicable Policies and Procedures

3.3 Basis for Award (Professional)

3.4 Offeror/Proposer Request for Interpretation of Solicitation Document

3.5 Procurement Policy and Procedures and Hillsborough County Ordinance – Protest Process and Procedures

3.6 Changes in Project Team for Shortlisted Firms

3.7 Cone of Silence

3.8 Conflict of Interest

3.9 Consultant Evaluation of Past Performance

3.10 Volume of Work

3.11 Consultant Must Use E-Verify, Must Have Legally Authorized Workforce & Utilize IMAGE Best Practices

3.12 Electronic Payment Solution

3.13 Eligibility for Consideration

3.14 Ranking for the Project

3.15 Oral Presentations

3.16 Insurance, Professional

3.17 Failure to Perform

3.18 Hillsborough County Business Tax

3.19 IRS Substitute W-9, Request for Taxpayer Identification Number and Certification

3.20 Legally Required Statement and Provisions Regarding Access to Records for Services Contracts

3.21 Maintenance of Records/Public Records Law, Professional

3.22 Public Entity Crimes Statement

3.23 Reuse of Existing Plans

3.24 Right to Reject Proposals

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3.25 Security of Plans and Specifications

3.26 Term Contract

3.27 Vendor Compliance System (B2GNOW)

3.28 Prohibition Against Considering Social, Political, or Ideological Interests in Government Contracting

3.29 Prohibition Against Contracting with Entities of Foreign Countries of Concern if Entity Would Give Access to an Individual’s Personal Identifying Information

3.30 Proposer Must Provide County with Affidavit Denying Involvement with a Country of Concern

3.31 Prohibition Against Contracting with Scrutinized Companies and Termination of Contracts with Scrutinized Companies

3.32 Restriction on Providing Funding for Identification Purposes

IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING PROPOSAL

SOLICITATION TYPE: Request for Professional Services

SOLICITATION NUMBER: RPS-26-00366

SOLICITATION TITLE: Miscellaneous Construction Engineering and Inspection (CEI) Services –

CDBG-DR

BRIEF DESCRIPTION: The Hillsborough County Board of County Commissioners (County) is seeking competitive sealed proposals from experienced and qualified professionals to provide comprehensive Construction Engineering and Inspection (CEI) services, including materials testing and contract administration for various Capital Improvement Program (CIP) and work order projects.

DUE DATE & TIME: October 29, 2026, [2:00 P.M.] Eastern Time as recorded by the County’s Electronic Bidding System)

PRIMARY CONTACT: Sybil Tucker, Chief Buyer

PROPOSAL SUBMISSION: The County will only accept proposals submitted through its electronic bidding system (Euna Procurement). Proposals that are submitted or delivered by non-electronic means (hard-copy paper), facsimile, electronic mail (e-mail), electronic file, or means other than through the County's electronic bidding system (Euna Procurement) will not be accepted or considered. Please visit our vendors webpage (hcfl.gov/vendors) for information regarding vendor registration, electronic bid submission, procurement opportunities, and other important resources.

TIMELINESS: To preserve the integrity of the competitive sealed proposal process, proposals submitted after the due date and time listed above, unless otherwise amended, cannot and will not be accepted. Please do not wait until the last minute, hour, or day to submit your proposal, as you may encounter technical difficulties or issues that cannot be resolved before the due date and time. When preparing to submit your proposal, please read and follow all instructions regarding formatting and other details related to the form(s) to be used. Again, please do not wait until it’s too late for assistance. We value and need your participation, so the last thing we want is for you to miss this opportunity.

QUESTIONS: ● Questions regarding technical difficulties or errors encountered while submitting proposals through Euna Procurement must be directed to Euna Procurement Support at 1-844-226-3862 or support.bonfire@eunasolutions.com.

mailto:support.bonfire@eunasolutions.com

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● Questions regarding the specifications or solicitation document must be directed to the primary contact listed above using the “messages” section in Euna Procurement for this particular procurement.

• To be given consideration, such requests must be received no later than 14 calendar days after the date of Solicitation issuance in Euna Procurement, site visit, or pre-proposal conference, whichever is later.

● Questions regarding vendor registration, training, or general questions must be directed to the Supplier Engagement Team at (813) 272-5790 or iSupplier@HCFL.gov.

CONE OF SILENCE: A violation of the Cone of Silence may result in the disqualification from consideration for award. A Cone of Silence is in effect for this procurement;

therefore, no proposer, interested party and/or their principals, officers, employees, attorneys, or agents shall communicate with County employees, the Hearing Master assigned to hear the applicable protest appeal and/or members of the Board of County Commissioners, including their aides and employees regarding this procurement and/or a related protest, except as otherwise provided in the Hillsborough County Procurement Protest Policy and Procedures Ordinance. The Cone of Silence does not prohibit a proposer from communicating with the Director of Procurement, staff in the Procurement Services Department, or the County’s attorney assigned to this procurement. Violating the Cone of Silence may disqualify the proposer from consideration for award. Please refer to the Instructions for Responses for complete details about the Cone of Silence.

INSURANCE: Insurance coverage is required for this procurement. Please see RPS-26-00366 Insurance Requirements Attachment and Special Terms and Conditions.

E-VERIFY: The Department of Homeland Security's Image Program and E-Verify apply to this procurement. Please see the Instructions for Responses for complete details and requirements.

https://library.municode.com/fl/hillsborough_county/codes/code_of_ordinances,_part_a?nodeId=HICOCOORLA_CH2AD_ARTVIPR_DIV3HICOPRPRPOPR_S2-562TI https://library.municode.com/fl/hillsborough_county/codes/code_of_ordinances,_part_a?nodeId=HICOCOORLA_CH2AD_ARTVIPR_DIV3HICOPRPRPOPR_S2-562TI

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1 Specifications

1.1 Scope

The Consultant shall provide comprehensive Construction Engineering and Inspection (CE&I) services, including materials testing and contract administration for various Capital Improvement Program (CIP) and Work Order projects. These services will be delivered under a Work Order Term Contract with a performance period of three years. Two firms will be selected, and each may receive up to $2,500,000.00 in cumulative purchase orders over the duration of the contract. The CEI Consultant is responsible for supplying all required computer equipment, vehicles, communication devices, and field equipment necessary to perform the assigned duties. All CEI responsibilities must be carried out in full accordance with Attachment A – Scope of Services, which is incorporated by reference.

In addition to Attachment A, the Consultant must comply with all supplemental attachments, including Attachment B – Utility Coordination Requirements, Attachment C

– Geotechnical Scope of Services, and Appendix E – Testing Schedule as well as any additional CEI-related program requirements and supporting materials provided by the County. All referenced attachments are incorporated by reference and collectively to establish the complete technical, administrative, and reporting requirements governing CEI services under this Contract.

The County anticipates awarding one or more continuing contracts for professional services as provided under Section 287.055, Florida Statutes for as needed assistance involving study activities not to exceed $500,000 per project; for services for projects the estimated construction cost of which will not exceed $7.5. million; and for services of a specified nature (subject to such increased dollar limits as may be permitted under the statute during the term of the Agreement).

1.2 Minimum Requirements

A State of Florida engineering license is required for this project and shall be current and active at the time of submission and throughout the life of the contract.

2 Submittal Deadline:

Respondent must submit its response prior to the time specified in the Close Date. Late responses will not be accepted.

3 INSTRUCTIONS FOR RESPONSES

3.1 Proposal Submissions

3.1.1 The County shall only accept Proposals through its Electronic Bidding System.

3.1.2 Proposals delivered by non-electronic means, facsimile, electronic mail (e-mail) or electronic means other than through the County's Electronic Bidding System will not be considered.

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3.1.3 The Offeror/Proposer’s representative executing the Offer/Proposal shall be required to have the authority to bind the Consultant for contracting purposes.

3.2 Acceptance of Applicable Policies and Procedures

3.2.1 Firms responding to this RPS agree by submission of such response to accept and comply with the county policies and procedures that apply to the selection process for this project.

3.2.2 Any concerns, or issues, relating to current policies and procedures may be addressed with county staff, but separate from this selection process.

3.3 Basis for Award (Professional)

3.3.1 The County may select one (1) or multiple qualified Professional(s) for award of this contract. Award will be made to the highest ranked firm(s), based on the evaluation criteria identified within the solicitation. Separate contracts will be executed between the County and each Professional. Work Orders will generally be issued to the Professionals subject to their availability, responsiveness to requests, ongoing performance, schedule, and/or other considerations.

3.4 Offeror/Proposer Request for Interpretation of Solicitation Document

3.4.1 No interpretation of the meaning of the Specifications or Scope of Work contained in this Solicitation or related Contract Documents will be made to any Bidder/Proposer orally. Every request for such interpretation must be submitted in writing through the electronic bidding system (Euna Procurement). To be given consideration, such requests must be received no later than 14 calendar days after the date of Solicitation issuance in Euna Procurement, site visit, or pre-bid conference, whichever is later. All interpretations and supplemental instructions provided by the County will be in the form of a written amendment which, if issued, will be communicated to all Bidders/Proposers who have acknowledged participation within Euna Procurement. All issued amendments shall become part of the Contract Documents. The “Primary Contact” information on Page 1 of this Solicitation is provided in the event assistance is needed. No Bids or Proposals shall be submitted or accepted through electronic mail (e-mail), facsimile, or by hard copy (paper). Bids and Proposals will only be accepted and considered if submitted through Euna Procurement.

3.5 Procurement Policy and Procedures and Hillsborough County Ordinance – Protest Process and Procedures

3.5.1 Offeror is advised that by submitting an Offer, Offeror hereby agrees to comply with the County’s Procurement Policy and Procedures, including, but not limited to, the

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County’s policy and procedures regarding Bid protests and Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3. The County’s Procurement Policy and Procedures can be found on the County’s website at:

https://hcfl.gov/businesses/doing-business-with-hillsborough/vendors/vendor-policies-forms-and-documents

3.5.2 Any Offeror which expresses objection to any activity, decision or determination made during this professional consultant selection process may file a protest in accordance with Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3.

3.5.3 Offeror is further advised that pursuant to Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3, Sec. 2-567(b)(i), any protest of the Specifications and/or terms and conditions contained within this Solicitation Document must be received by the County no later than five (5) Business Days before the Close Date/Bid Submittal Deadline set forth in this Solicitation Document.

3.6 Changes in Project Team for Shortlisted Firms

3.6.1 A change in the project team of a shortlisted firm after the submission of the response to this solicitation could result in reconsideration of the scoring of applicable evaluation criteria.

3.6.2 Any changes in the project team of a shortlisted firm should be brought to the attention of the County as soon as possible after the change is made. The changes, the reasons for the changes, and resumes for the individual(s) being substituted for an original project team member, must be submitted, prior to oral presentation, to the individual specified as the contact person for this solicitation.

3.6.3 No increases in scoring will result from the reconsideration of changes in the project team of a shortlisted firm.

3.6.4 Decreases in scoring may result from the reconsideration of changes in the project team of a shortlisted firm.

3.7 Cone of Silence

Pursuant to Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3, there shall be a Cone of Silence for all procurement solicitations (except sole source procurement) issued by the County that are at or over the County's formal bid limit in order to safeguard the integrity of the County’s procurement and protest process. Except as otherwise provided in this section, the Cone of Silence shall go into effect on the date a procurement solicitation is issued by the County and shall end the earlier of five (5) Business Days after the County posts its notice of intent to award the contract(s) associated with this solicitation or on https://hcfl.gov/businesses/doing-business-with-hillsborough/vendors/vendor-policies-forms-and-documents https://hcfl.gov/businesses/doing-business-with-hillsborough/vendors/vendor-policies-forms-and-documents

RPS-26-00366 Page 9 the date the procurement solicitation is canceled by the County. However, if a protest is timely filed, then the Cone of Silence shall remain in effect for the duration of the protest process including the exhaustion of any related appeals related to the protest. Unless otherwise provided for in Hillsborough County Code of Ordinances and Laws, Part A, Chapter 2, Article VI, Division 3, during the time period the Cone of Silence is in effect, no Offeror, interested party and/or their principals, officers, employees, attorneys or agents shall communicate with County employees, the Hearing Master assigned to hear the applicable protest appeal and/or members of the Board of County Commissioners, including their aides and employees regarding a procurement solicitation and/or its related protest. The Cone of Silence does not prohibit an Offeror from communicating with the Director of the County’s Procurement Services Department, County Procurement staff, or the attorney in the County Attorney’s office that is directly responsible for the applicable procurement solicitation (this information can be obtained by contacting the County Procurement staff person listed as the contact in the applicable procurement solicitation). It is the responsibility of any Offeror/interested party to ensure that the Cone of Silence is no longer in effect prior to communicating with any person under the Cone of Silence (including determining whether protests have been filed for the subject solicitation and the status of such protests – which extends the Cone of Silence time period as stated above). A violation of the Cone of Silence will result in the disqualification of the Offeror from consideration in the award of the procurement solicitation unless it is determined that the violation is unintentional and/or not material.

3.8 Conflict of Interest

No firm shall be eligible for selection on any project and no work shall be assigned to a firm which conflicts with or is duplicative of any work by the firm or any affiliated business entity, including, but not limited to, partnerships, joint ventures, and subsidiaries of the same parent corporation or firm.

3.9 Consultant Evaluation of Past Performance

3.9.1 Past Performance Score in the discipline specified in this project (i.e., engineering, architecture, landscape architect, or surveying and mapping) will be applied to the evaluation score for each firm submitting an acceptable response to the RPS as provided in Section 3.13.1 of this solicitation.

3.9.2 Past Performance Score for firms with performance evaluations on file:

The applicable time period shall be the twenty-four (24) month period prior to submittal deadline.

Only those evaluations on file by the submittal deadline will apply to this project.

The range of points will be a maximum of (5) and a minimum of (-5).

The overall evaluation rating average will determine the number of past performance points.

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3.9.3 Past Performance Score for firms with no performance evaluations on file:

The applicable time period shall be the two (2) previously completed fiscal years.

The Past Performance Score shall be the equivalent to the county-wide average for all firms by discipline during the applicable time period.

The county-wide average scores for the applicable time period by discipline are:

Architecture - 3.53 average for 3.00 past performance points.

Engineering - 3.88 average for 3.00 past performance points.

Landscape Architecture - 0.00 average for 0.00 past performance points.

Surveying and Mapping - 4.24 average for 4.00 past performance points.

The county-wide average scores for the two (2) previously completed fiscal years will be updated annually by October 31st.

Rating Conversion Chart for performance evaluations:

Rating Conversion Chart

Overall Evaluation Rating Average

Number of Points

5.00 – 4.25 5.00

4.24 – 3.89 4.00

3.88 – 3.53 3.00

3.52 – 3.17 2.00

3.16 – 2.81 1.00

2.80 – 2.45 0.00

2.44 – 2.09 -1.00

2.08 – 1.73 -2.00

1.72 – 1.37 -3.00

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1.36 – 1.01 -4.00

Below 1.00 -5.00

Notes Regarding the Rating Conversion Chart:

This conversion chart will be used in determining the past performance points to be assigned to a firm. The chart is based on the conversion of performance evaluation scores for the project’s primary discipline (i.e.

engineering, architecture, etc.) for Hillsborough County projects to past performance points.

The time period for which evaluations will be considered is twenty-four

(24) months prior to the Close Date. Firms with no prior evaluations on file will be assigned the county-wide average for the two previously completed fiscal years.

The Requesting Department Director is responsible for ensuring that evaluations (past performance) are conducted at a minimum at the end of each contract or work order (in the case of miscellaneous contracts).

Interim evaluations may be completed within the Requesting Department at the reasonable discretion of the Requesting Department Director based on the length of the contract or work order. Final evaluation data shall be submitted electronically through the Consultant Automated Performance Evaluation System (CAPES) via Oracle to the Procurement Services Department.

3.10 Volume of Work

3.10.1 A Volume of Work Score will be applied to the evaluation score for each firm submitting a response to the Request for Professional Services as provided in Section 3.14.

3.10.2 The volume of work for a firm shall be the amount of payments made to a firm during the two (2) previously completed fiscal years. The amounts are retrieved from the County ERP system (Oracle).

3.10.3 The volume of work will be converted to a Volume of Work Score, based on the following predetermined conversion chart.

5.0 Points $0 to $200,000

4.0 Points $200,001 to $400,000

3.0 Points $400,001 to $600,000

2.0 Points $600,001 to $800,000

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1.0 Point $800,000 to $1,000,000

0.0 Points $1,000,001 and up

3.10.4 The range of points will be a maximum of five (5) and a minimum of zero (0). Point categories are incremented by one (1.0) point.

3.10.5 A firm will receive no points when its total payments for the two (2) previously completed fiscal years have exceeded $1,000,000.00.

3.11 Consultant Must Use E-Verify, Must Have Legally Authorized Workforce & Utilize IMAGE Best Practices

3.11.1 E-Verify

3.11.1.1 Pursuant to Florida Statutes Section 448.095, the Consultant (and its subcontractors) are required to utilize the United States Department of Homeland Security’s (DHS) E-Verify system for all newly hired employees. The E-Verify system is an Internet-based system operated by DHS that allows participating employers to electronically verify the employment eligibility of newly hired employees.

3.11.1.2 Consultant is advised that there is no requirement that the Consultant must be registered with and use the E-Verify system prior to or at the time the Consultant submits its offer to the County. However, in the event the Consultant is selected for the award of this contract, then the Consultant is required to be registered with, and use the E-Verify system. The County shall not award this contract to the Consultant if the Consultant has not complied with the E-Verify registration and usage requirements set forth in Florida Statutes Section 448.095 by or at the time of contract award.

3.11.1.3 Pursuant to Florida Statutes Section 448.095, the Consultant must obtain an affidavit from its subcontractors stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Consultant is required to maintain a copy of such affidavit for the duration of the Contract Period and shall provide the County with a copy of such affidavit within three (3) Business Days of the County’s request for said affidavit.

3.11.1.4 Consultant is advised that pursuant to Florida Statutes Section 448.095, the County is required to terminate this Contract if it has a good faith belief that the Consultant knowingly violated Florida Statutes Section 448.09(1); whereupon, the Consultant will not be eligible for award of a public contract for at least one (1) year from the date of such termination.

3.11.1.5 Consultant is advised that pursuant to Florida Statutes Section 448.095, if the County has a good faith belief that a subcontractor knowingly violated Florida Statutes Section 448.095(2) (but that the Consultant has otherwise complied with said Florida Statute), that the County is required to promptly notify the Consultant

RPS-26-00366 Page 13 of such violation and order the Consultant to immediately terminate its contract with the applicable subcontractor.

3.11.2 Legally Authorized Workforce

3.11.2.1 Consultant is advised that the County has entered into an agreement (the IMAGE Agreement) with U.S. Immigration and Customs Enforcement (ICE) wherein the County will, in part, seek to promote the principles of ethical business conduct, prevent knowingly hiring unauthorized workers through self-governance, and encourage voluntary reporting of the discovery of unauthorized workers to ICE.

Accordingly, by submitting its Offer, Consultant represents and warrants:

that Consultant is in compliance with all applicable Federal, State and local laws, including, but not limited to, the laws related to the requirement of an employer to verify an employee’s eligibility to work in the United States;

that all of Consultant’s employees are legally eligible to work in the United States; and that the Consultant has actively and affirmatively verified such eligibility utilizing the E-Verify system and/or the Federal Government’s Employment Eligibility Verification Form (the Form I-9).

3.11.2.2 A mere allegation of Consultant’s intent to use and/or current use of unauthorized workers may not be a basis to delay the County’s award of a Contract to the Consultant unless the County has a good faith belief that the Consultant knowingly violated Florida Statutes Section 448.09(1) or such allegation has been determined to be factual by ICE prior to the date the Contract is scheduled to be awarded by the County.

3.11.2.3 Good faith claims/beliefs of the Consultant’s use of unauthorized workers must be reported to both of the following agencies: The County’s Compliance Services hotline at (813) 272-6554; and ICE (Immigration and Customs Enforcement) at 1-866-DHS-2-ICE (1-866-347-2423).

3.11.3 IMAGE Best Practices

3.11.3.1 Consultant is required to incorporate the following IMAGE Best Practices into its business and, when practicable, incorporate verification requirements into its agreements with subcontractors:

3.11.3.1.1 Use the Department of Homeland Security employment eligibility verification program (E-Verify) to verify the employment eligibility of all new hires.

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3.11.3.1.2 Use the Social Security Number Verification Service and make a good faith effort to correct and verify the names and Social Security numbers of the current workforce. Establish a written hiring and employment eligibility verification policy.

3.11.3.1.3 Establish an internal compliance and training program related to the hiring and employment verification process, to include, but not be limited to, completion of Form I-9, how to detect fraudulent use of documents in the verification process, and how to use E-Verify and the Social Security Number Verification Service.

3.11.3.1.4 Require the Form I-9 and E-Verify process to be conducted only by individuals who have received appropriate training and include a secondary review as part of each employee’s verification to minimize the potential for a single individual to subvert the process.

3.11.3.1.5 Arrange for annual Form I-9 audits by an external auditing firm or a trained employee not otherwise involved in the Form I-9 process.

3.11.3.1.6 Establish a procedure to report to ICE credible information of suspected criminal misconduct in the employment eligibility verification process.

3.11.3.1.7 Establish a program to assess subcontractors’ compliance with employment eligibility verification requirements. Encourage subcontractors to incorporate the IMAGE Best Practices contained in this paragraph and, when practicable, incorporate the verification requirements in Subcontractor agreements.

3.11.3.1.8 Establish a protocol for responding to letters received from Federal and State government agencies indicating that there is a discrepancy between the agency’s information and the information provided by the employer or employee; for example, “no match” letters received from the Social Security Administration.

3.11.3.1.9 Establish a tip line mechanism (inbox, e-mail, etc.) for employees to report activity relating to the employment of unauthorized workers, and a protocol for responding to employee tips.

3.11.3.1.10 Establish and maintain appropriate policies, practices, and safeguards against use of the verification process for unlawful discrimination, and to ensure that U.S. citizens and authorized workers do not face discrimination with respect to hiring, firing, recruitment or referral for a fee because of citizenship status or national origin.

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3.11.3.1.11 Maintain copies of any documents accepted as proof of identity and/or employment authorization for all new hires.

3.12 Electronic Payment Solution

3.12.1 Automated Clearing House (ACH). Payments from the County will be made through an ACH payment solution where Offerors are paid with direct deposit. If the Offeror requests to opt out of being paid by direct deposit, then the Offeror should indicate its opt out in its Offer.

Note: If Proposer is already enrolled in the County's ACH solution for an existing contract/award, the Proposer will automatically receive payment using their enrolled solution in the event the Proposer is the Successful Proposer.

3.12.2 To enroll in ACH, Proposers must complete the Direct Deposit Authorization Form (included in this solicitation) or at:

https://hcfl.gov/businesses/doing-business-with-hillsborough

3.13 Eligibility for Consideration

3.13.1 Compliance with RPS Requirements

3.13.2.1 Each response that is forwarded for evaluation must meet the requirements specified in this Request for Professional Services.

3.13.2.2 Failure to submit all required items in the manner specified may result in your submittal being found unacceptable.

3.13.2.3 Any submittal found unacceptable will not be considered for selection for this project.

3.13.2.4 Response materials shall be attached in the order indicated in the “Evaluation Criteria for Written Response” section.

3.13.2.5 The response information shall be included on either the forms provided in this Request for Professional Services, or a reasonable facsimile of the provided forms.

3.13.2.6 Firms choosing to use reasonable facsimiles of required forms should maintain both the format and content of the provided forms.

3.13.2.7 Each response to the evaluation criteria must contain the following:

3.13.2.7.1 Each of the criteria in the Evaluation Criteria section must be specifically addressed.

https://hcfl.gov/businesses/doing-business-with-hillsborough

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3.13.2.7.2 Responses should include, but not necessarily be limited to, the information included with each of the criteria.

3.13.2.7.3 Responses shall not exceed the established page limits.

3.14 Ranking for the Project

3.14.1 Ranking for the Project

The ranking for this project will be made on the basis of scoring on the following items for each firm submitting a response that has been determined responsive to the requirements of this Request for Professional Services:

Responses to the four (4) evaluation criteria specified in Evaluation Criteria for Written Response of this Request for Professional Services.

MAXIMUM POINTS -100

Scored by the Evaluation Committee.

The Evaluation Committee’s scoring will be based only on the information contained in the response.

VOLUME OF WORK REPORT

MAXIMUM POINTS - 5

PAST PERFORMANCE RATING

MAXIMUM POINTS – 5

3.15 Oral Presentations

3.15.1 The County shall have discussions and may, at its option, require oral presentations by, no fewer than three (3) shortlisted firms deemed to be the most highly qualified to perform the required services regarding their qualifications, approach to the project, and ability to furnish the required services.

3.15.2 Oral presentations shall be used to clarify and/or confirm the written information received from the shortlisted firms specific to the evaluation criteria identified herein Scoring reconsideration of the shortlisted firms’ scores resulting from the evaluation of their written Offers/ Proposals may occur as a result of the oral presentations. As previously instructed, no increases in scoring will result from the reconsideration of changes in the project team of shortlisted firms; however, scoring decreases may occur.

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3.16 Insurance, Professional

See RPS-26-00366 Insurance Requirements Attachment

3.16.1 No work for the County shall commence or occupancy of any of its property take place until the required Certificates of Insurance and copies of the policies, if requested, are received by the County and written Notice to Proceed is issued to the Professional by the County.

3.16.2 The insurance coverages and limits required of the Professional under the Contract Documents are designed to meet the minimum requirements of the County. They are not designed as a recommended insurance program for the Professional.

Professional shall be responsible for the sufficiency of its own insurance program.

Should the Professional have any questions concerning its exposure to loss under the Contract Documents or the insurance coverages needed therefore, it should seek professional assistance.

3.16.3 If the insurance coverage initially provided by the Professional is to expire prior to completion of the Work, renewal Certificates of Insurance shall be furnished to the County the ten (10) Days prior to expiration of current coverages.

3.16.4 Should the Professional fail to maintain the insurance coverages required by the Contract Documents, the County may, at its option, either terminate this Agreement for default or procure and pay for such coverage, charge the Professional for, and deduct the costs of the same from payments due the Professional. A decision by the County to procure and pay for such insurance coverage shall not operate as a waiver of any of its rights under the Contract Documents.

3.16.5 Failure of the Professional to submit the required Certificates of Insurance within the times required may result in a delay in issuing the Notice to Proceed. The parties specifically agree that such a delay is neither excusable nor compensable and will not entitle the Professional to a change in the Contract Price or Time.

3.17 Failure to Perform

3.17.1 If, during the Contract Period, the Consultant should refuse or otherwise fail to perform any of its obligations under the Contract, the County reserves the right to:

Obtain the goods, Services and/or Work from another consultant; and/or

Terminate the Contract; and/or

Suspend/debar the Consultant from bidding on County solicitation documents for a period of up to twenty-four (24) months; and/or

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Pursue any and all other remedies available to the County.

3.17.2 Contracts Related to Emergency Response for Natural Emergencies - Pursuant to Florida Statutes Section 252.505, if this a Contract for goods and/or services related to emergency response for a natural emergency, then the Contractor shall pay the County a Five Thousand Dollars ($5,000) penalty (in addition to any other remedies provided for under this Contract and/or law) if the Contractor fails to perform and/or breaches this Contract during the emergency recovery period. For the purpose of this section, the term “emergency recovery period” shall mean a 1-year period that begins on the date the Governor of the State of Florida initially declared a state of emergency for a natural emergency. The term “natural emergency” shall have the meaning set forth in Florida Statutes Section 252.34(8).

3.18 Hillsborough County Business Tax

All Offerors are required to comply with Hillsborough County Code of Ordinances and Laws, Part A, Chapter 46, Article III, as may be amended in the future. Failure of an Offeror to comply with such regulation shall not be a basis to protest the County’s award of the Contract; instead, any reported failure of an Offeror to comply with these regulations will be referred to the Hillsborough County Tax Collector.

3.19 IRS Substitute W-9, Request for Taxpayer Identification Number and Certification

All Offerors/Proposers are requested to complete and submit the attached Substitute W-9 form with their Offer.

3.20 Legally Required Statement and Provisions Regarding Access to Records for Services Contracts

3.20.1 The Parties acknowledge and agree that the statement and provisions below are required by Florida Statute to be included in this contract for services. The inclusion of this statement and provisions below shall not be construed to imply that the Contractor/Service Provider has been delegated any governmental decision-making authority, governmental responsibility or governmental function or that the Contractor/Service Provider is acting on behalf of the County as provided under Section 119.011(2), Florida Statutes, or that the statement or provisions are otherwise applicable to the Contractor/Service Provider. As stated below, the Contractor/Service Provider may contact the County’s Custodian of Public Records with questions regarding the application of the Public Records Law; however, the Contractor/Service Provider is advised to seek independent legal counsel as to its legal obligations. The County cannot provide the Contractor/Service Provider advice regarding its legal rights or obligations.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

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APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO

THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:

813-272-5790, StromerS@HCFL.gov, Procurement Services, 601 E. Kennedy Blvd., 25th Floor, Tampa, Florida 33602.

3.20.2 If under this Contract, the Contractor is providing services and is acting on behalf of the County as provided under Section 119.011(2), Florida Statutes, the Contractor will comply with public records law, and agrees to:

3.20.2.1 Keep and maintain public records required by the County to perform the services.

3.20.2.2 Upon request from the County’s custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 Florida Statutes or as otherwise provided by law.

3.20.2.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Contract if the Contractor does not transfer the records to the County.

3.20.2.4 Upon completion of the Contract, transfer at no cost to the County, all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the information technology systems of the County.

3.20.3 Failure of the Contractor to comply with Chapter 119, Florida Statutes, and/or the provisions set forth above, where applicable, shall be grounds for immediate unilateral termination of this Contract by the County.

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3.21 Maintenance of Records/Public Records Law, Professional

3.21.1 In accordance with Chapter 119, Florida Statutes, and, except as may be provided by other applicable State and Federal laws, all Proposers should be aware that this Solicitation Document and all Proposals are in the public domain and are available for public inspection. Proposers are requested, however, to identify specifically any information contained in their Proposals which they consider confidential and/or proprietary, inclusive of trade secrets as defined in Section 812.081, Florida Statutes, and which they believe to be exempt from disclosure, citing specifically the applicable exempting law and including narrative explaining the applicable legal exemption as it relates specifically to Proposer's confidential and/or proprietary information.

3.21.2 All Proposals received in response to this Solicitation Document will become the property of the County and will not be returned. In the event of an award, all documentation produced as part of the Contract will become the exclusive property of the County.

3.21.3 All materials that qualify for exemption from Chapter 119, Florida Statutes, or other applicable law must be submitted in an attachment or in a separate envelope, clearly identified as "EXEMPT FROM PUBLIC DISCLOSURE" with Proposer's name and the Solicitation Document number marked on the outside.

3.21.4 The County will not accept Proposals when the entire Proposal is labeled as exempt from public disclosure.

3.21.5 Be aware that the designation of an item as exempt from public disclosure by a Proposer may be challenged in court by any person or entity. By designation of material in the Proposal as exempt from public disclosure, Proposer agrees to defend the County (and its employees, agents and elected and appointed officials) against all claims and actions (whether or not a lawsuit is commenced) related to Proposer's designation of material as exempt from public disclosure and to hold harmless the County (and its employees, agents and elected and appointed officials) from any award to a plaintiff for damages, costs and attorneys’ fees, incurred by the County by reason of any claim or action related to Proposer's designation of material as exempt from public disclosure.

3.22 Public Entity Crimes Statement

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit an offer, or reply on a contract to provide any goods or services to a public entity; may not submit an offer, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit offers, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, RPS-26-00366 Page 21 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, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. Additionally, pursuant to County policy, a conviction of a public entity crime may cause the rejection of an Offer. The County may make inquiries regarding alleged convictions of public entity crimes. The unreasonable failure of a Offeror/Proposer to promptly supply information in connection with an inquiry may be grounds for rejection of an Offer.

3.23 Reuse of Existing Plans

The plans on this project are subject to reuse in accordance with FS. 287.055(10).

3.24 Right to Reject Proposals

3.24.1 COUNTY reserves the right to reject any and all proposals received in response to this

RPS.

3.24.2 In exercising this right, the COUNTY accepts no liability for any cost incurred by any firm or firms preparing responses to this RPS.

3.25 Security of Plans and Specifications

The Professional agrees to use care in protecting plans and specifications for County Infrastructure from access by unauthorized persons. Release of documents or information other than as required to fulfill the scope of the contract is prohibited. The County’s Project Manager is empowered to authorize the release of documents. Failure to protect these documents could jeopardize the safety of the citizens of Hillsborough County, so they must always be treated with the utmost care.

3.26 Term Contract

3.26.1 Contract Period for Term Contract

The Contract resulting from this Solicitation Document will be in effect for a three (3)-year period (ending on the last Business Day of the final month) from the effective date of the Contract as established by the County’s Blanket Purchase Agreement (BPA) or Contract Purchase Agreement (CPA).

3.27 Vendor Compliance System (B2GNOW)

3.27.1 For Contracts with Small Business Enterprise (SBE) participation goals, the Contractor will be required to enter on a monthly basis to confirm payments received from the County, as well as enter in any payments made to SBE subcontractors in that monthly period, in the County’s Vendor Compliance System at: https://hcfl.gov/sbe

3.27.2 You will receive email and/or fax notifications alerting you when you need to respond.

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3.27.3 To ensure your company maintains compliance with the County contracting compliance program please create or update your contact information in the Vendor Compliance System, which is hosted by third party vendor B2GNow. Should you have questions on how to create an account or require assistance accessing your account please click on the Help First Time Visitors link on the web page listed above.

3.27.4 Online classes on the Vendor Compliance System are available:

3.27.5 Contract Compliance Reporting – Vendor Training, classes are given on a weekly basis.

3.27.6 Introduction to the System – Vendor Training, classes are given on a bi-monthly basis.

3.27.7 To sign up for one of these training events please click on the Training and Events link on the web page listed above.

3.28 Prohibition Against Considering Social, Political, or Ideological Interests in Government Contracting

Proposers are advised that pursuant to Florida Statutes, Section 287.05701, the County cannot (a) request documentation of or consider a Proposer’s social, political, or ideological interests when determining if the Proposer is a responsible vendor, and (b) give preference to a Proposer based on the Proposer’s social, political, or ideological interests.

3.29 Prohibition Against Contracting with Entities of Foreign Countries of Concern if Entity Would Give Access to an Individual’s Personal Identifying Information

Proposers are advised that pursuant to Florida Statutes, Section 287.138, beginning January 1, 2024, the County cannot accept a bid on, proposal for, or reply to, or enter into a contract with an entity that would give access to an individual’s personal identifying information if (a) the entity is owned by the government of a Foreign Country of Concern, (b) the government of a Foreign Country of Concern has a controlling interest in the entity, or (c) the entity is organized under the laws of or has its principal place of business in a Foreign Country of Concern. For purposes of this section, a “Foreign Country of Concern” shall mean the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country.

3.30 Proposer Must Provide County with Affidavit Denying Involvement with a Country of Concern

(*** Only applicable to Proposers where the resulting contract will grant the Proposer/Contractor access to an individual’s personal identifying information – e.g. driver’s license, military ID, passport, social security number, etc.)

3.30.1 If the resulting Contract with the Proposer will grant the Proposer/Contractor access to an individual’s personal identifying information – e.g. driver’s license, military ID, RPS-26-00366 Page 23 passport, social security number, etc.), then pursuant to Florida Statutes, Section 287.138(4)(a), the Proposer/entity must provide the County with an affidavit signed by an officer or representative of the entity, under penalty of perjury, attesting that the entity does not meet any of the criteria set forth in Florida Statutes, Section 287.138(2)(a) through (c); (i.e., an affidavit stating that (a) the Proposer/entity is not owned by the government of a Foreign Country of Concern, (b) the government of a Foreign Country of Concern has no controlling interest in the Proposer/entity, and (c) the Proposer/entity is not organized under the laws of or does not have its principal place of business in a Foreign Country of Concern. Said affidavit MUST be submitted with Proposer’s Proposal/offer. For purposes of this section, a “Foreign Country of Concern” shall mean the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country.

3.30.2 Proposer is advised that per Florida Statutes, Section 287.138(4)(a), the County cannot accept a bid on, a proposal for, or reply to, or into a contract with an entity which would grant the entity access to an individual’s personal identifying information unless the entity provides the County with aforementioned affidavit.

3.31 Prohibition Against Contracting with Scrutinized Companies and Termination of Contracts with Scrutinized Companies

3.31.1 Professional is advised that Florida Statutes, Section 287.135, prohibits agencies and governmental entities from contracting (in any amount) with a company for goods and/or services that is (a) on the Scrutinized Companies that Boycott Israel List (created pursuant to Florida Statutes, Section 215.4725), or (b) engaged in a boycott of Israel. The County reserves the right to terminate the Contract if the County discovers that the Professional has been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.

3.31.2 Professional is advised that Florida Statutes, Section 287.135, prohibits agencies and governmental entities from contracting with a company for goods and/or services in the amount of One Million Dollars $1,000,000) or more if such company is (a) on the Scrutinized Companies with Activities in Sudan List (created pursuant to Florida Statutes, Section 215.473), or (b) on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List (created pursuant to Florida Statutes, Section 215.473), or (c) engaged in business operations in Cuba or Syria. The County reserves the right to terminate the Contract if the County discovers that the Professional has

(i) submitted a false certification regarding the Professional’s business operations in the countries and/or industries listed in (a) through (c) of this paragraph, (ii) been placed on the Scrutinized Companies with Activities in Sudan List, (iii) been placed

RPS-26-00366 Page 24 on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or…