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Agenda 07/24/2012 Item #16A177/24/2012 Item 16.A.17. EXECUTIVE SUMMARY Recommendation to approve selection committee rankings and direct the County Manager or his designee to negotiate continuing contracts with the top five (5) ranked landscape architectural firms including: McGee & Associates, Inc., Richard Tindell d /b /a Greenwork Studio, Johnson Engineering, Inc., Goetz & Stropes Landscape Architects, Inc. and Windham Studio, Inc. for Request for Proposal (RFP) 12 -5892 Fixed Term Landscape Architectural Services. OBJECTIVE: To provide professional Landscape Architectural services to various County Departments including: site master planning, selection and design of planting areas, design, maintenance, and refurbishment of new and existing landscape and irrigation for M.S.T.U. and M.S.T.D. projects, and miscellaneous landscape projects. CONSIDERATIONS: Historically, the services included in the fixed term landscape architectural contract are: site master planning, selection and design of planting areas, design, maintenance, and refurbishment of existing landscape and irrigation for Municipal Service Taxing Unit (M.S.T.U.) and Landscape Beautification projects, or other County landscape projects. The annual amount expended in the previous Fixed -Term Landscape Architectural contract #08 -5060 is $230,000 per year for five consulting firms. These services as well as other miscellaneous professional landscape architectural services were identified in the solicitation; and once contracts are awarded, will be implemented with purchase orders on an as needed basis. Assignments shall be implemented subject to a maximum of $200,000 per purchase order and with a maximum yearly contract amount of $750,000 per firm. All purchase order assignments in excess of $200,000 shall be approved by the Board of County Commissioners. Five hundred and forty eight (548) notices of the RFP 12 -5892, Fixed Term Landscape Architectural Services, were sent out. Seventy -one (71) packages were downloaded by consultants and fourteen (14) proposals were received on May 24, 2012. The County convened a selection committee and the following five firms were short- listed to negotiate continuing contracts in accordance with Florida Statute § 287.055 (the Consultant's Competitive Negotiations Act, "CCNA "): 1. McGee & Associates, Inc. 2. Richard Tindell d/b /a Greenwork Studio 3. Johnson Engineering,Inc. 4. Goetz & Stropes Landscape Architects, Inc. 5. Windham Studio, Inc. FISCAL IMPACT: There is no fiscal impact for this item. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. Packet Page -1684- 7/24/2012 Item 16.A.17. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this item. RECOMMENDATION: Staff recommends that the Board approves the selection committee's five (5) top ranked firms for RFP 12 -5892 Fixed Term Landscape Architectural Services contract and authorize staff to negotiate contracts with each firm to bring back to the Board for approval. Prepared By: Pamela Lulich, Landscape Operations Manager, Alternative Transportation Modes Department Attachment: (1) Selection Committee Final Ranking Sheet, (2) CCNA Solicitation RFP 12 -5892 Fixed Term Landscape Architectural Services Packet Page -1685- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.17. 7/24/2012 Item 16.A.17. Item Summary: Recommendation to approve selection committee rankings and direct staff to negotiate continuing contracts with the top five (5) ranked landscape architectural firms including: McGee & Associates, Inc., Richard Tindell d /b /a Greenwork Studio, Johnson Engineering, Inc., Goetz & Stropes Landscape Architects, Inc. and Windham Studio, Inc. for Request for Proposal (RFP) 12 -5892 Fixed Term Landscape Archtectural Services. Meeting Date: 7/24/2012 Prepared By Name: SorianoLiz Title: Project Manager 6/28/2012 4:30:36 PM Submitted by Title': Manager - Landscape Operations,Alternative Transpo Name: LulichPamela 6/28/2012 4:30:37 PM Approved By Name: BrilhartBrenda Title: Purchasing Agent,Purchasing & General Services Date: 7/2/2012 8:19:09 AM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 7/3/2012 2:29:58 PM Name: WardKelsey Title: Manager - Contracts Admimstration,Purchasing & Ge Date: 7/3/2012 5:45:36 PM Name: ArnoldMichelle Title: Director - Alt Transportation Modes,Alternative Tr Packet Page -1686- Date: 7/5/2012 9:11:44 AM Name: LynchDiane Title: Administrative Assistant Date: 7/5/2012 9:40:04 AM Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 7/5/2012 10:24:26 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 7/9/2012 12:39:36 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 7/9/2012 3:19:09 PM Name: KlatzkowJeff Title: County Attorney Date: 7/10/2012 3:39:39 PM Name: OchsLeo Title: County Manager Date: 7/10/2012 5:25:09 PM Packet Page -1687- 7/24/2012 Item 16.A.17. O U O v _ Q� t0 G1 O fn U- N d3 V d e6 L w v .Id s V L d C ca v N O R J Packet Page -1688- N Cu C N N Q. N O Cn L 7/24/2012 Item 16.A.17. T C T 7 O U E o 'x O 0o n`- � a E Cu m (V y a o � � c s Y N p C _ a LU Cl) O N C (7 N C C N L Y O O _d IC6 H � N Co T LO N Y C _N N 0 N N Co CD 0 ti C! LtD fQ a E L p Orn 0 '9 41 N K U- $a Packet Page -1688- N Cu C N N Q. N O Cn L 7/24/2012 Item 16.A.17. T C T 7 O U E o 'x O 0o n`- � a E Cu m (V y a o � � c s Y N p C _ a LU Cl) O N C (7 N C C N L Y O O _d IC6 H � N Co T LO N Y C _N N 0 N N Co CD 0 ti C! LtD fQ a 7/24/2012 Item 16.A.17. REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. cor-le'r county Adr nisb —a" prices D Asion Purchasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CCNA Solicitation RFP 12 -5892 Fixed Term Landscape Architectural Services Brenda Brilhart, Procurement Strategist (239) 252 -8446 (Telephone) (239) 252 -6697 (Fax) BrendaBrilhart@colliergov.net (Email) 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. CCNA (Revision 3/1/2012) Packet Page -1689- 7/24/2012 Item 16.A.17. Table of Contents LEGALNOTICE ......................................................................................... ............................... 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ..................... 4 EXHIBIT Ii: GENERAL RFP INSTRUCTIONS ............................................. .............................10 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ...............14 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP ............. .............................17 ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT ................. .............................24 ATTACHMENT 2: VENDOR CHECK LIST .................................................. .............................25 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT .......................... .............................26 ATTACHMENT 4: VENDOR DECLARATION STATEMENT ....................... .............................27 ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION ............... .............................29 ATTACHMENT 6: VENDOR SUBSTITUTE W — 9 ....................................... .............................30 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS .......... .............................31 ATTACHMENT 8: REFERENCE QUESTIONNAIRE ................................... .............................33 RFP 12 -5892 Landscape Architects Packet Page -1690- 2 7/24/2012 Item 16.A.17. C'07tr county Ada tnistaWe Services Division Purchasing Legal Notice Pursuant to approval by the County Manager, Sealed Proposals to provide Landscape Architectural professional services will be received until 3:00 pm, Naples local time, on May 15, 2012 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. CCNA Solicitation RFP 12 -5892 Fixed Term Landscape Architectural Services Services to be provided shall include, but not be limited to the following: site master planning, selection and design of annual planting areas, design, maintenance and refurbishment of existing landscape and irrigation for M.S.T.U. and M.S.T.D. projects, or other County landscape projects. These services as well as other miscellaneous professional landscape architectural services will be implemented with Work Orders on an as needed basis. A pre - proposal conference is not applicable for this solicitation. All statements shall be made upon the official proposal form which must be obtained only on the Collier County Purchasing Department E- Procurement website: www.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 Interim Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G ", Collier County Government Center on April 24, 2012. RFP 12 -5892 Landscape Architects Packet Page -1691- 3 7/24/2012 Item 1- 6.A.17. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Alternative Transportation Modes (ATM) Department (hereinafter, the "Division or Department "), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County ") has issued this Request for Proposal (hereinafter, "RFP ") with the intent of obtaining proposals from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated herein. Background Services to be provided shall include, but not be limited to the following: site master planning, selection and design of annual planting areas, design, maintenance and refurbishment of existing landscape and irrigation for M.S.T.U. and M.S.T.D. projects, or other County landscape projects. These services as well as other miscellaneous professional landscape architectural services will be implemented with Work Orders on an as needed basis. Historically, the annual spend has been approximately $150,000; average individual Work Order: $5,000. General Description of Specifications or Scope of Work The Contractor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated herein. Additionally, Proposers may also propose alternate solutions to achieve the requirements of the Scope of Work. 1. The selected firms will be responsible for knowledge of and compliance with all existing Collier County Policies, to include but not be limited to: Land Development Code, Collier County Beautification Master Plan, building codes and all environmental regulations for local and state requirements. 2. It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. Contractor responsibilities include but not limited to, the following services: • Site Master Planning; • Selection and design of annual planting areas; • Water wise irrigation and landscaping principles; • Development and design of annual maintenance programs for existing and new plants, trees, and shrubs; • Design, maintenance reporting, and refurbishment of existing landscaping and irrigation for M.S.T.U. and M.S.T.D. projects and /or other County projects; • Arterial and collector roadways median landscaping and irrigation construction documents and specifications; • Irrigation projects and maintenance consultation; • New construction for M.S.T.U. and M.S.T.D projects; and /or other County projects; • Decorative street lighting design; • CEI roadway projects; • Provide valuation of existing landscape and irrigation systems; RFP 12 -5892 Landscape Architects Packet Page -1692- 7/24/2012 Item 16.A.17. Grant applications. Provide reports to County Departments or the MSTU; prepare and present conceptual design and budgets to the Board of County Commissioners if requested. Distribution of Work Any order entered into on this fixed term County -wide agreement for professional landscape architectural services will be utilized on an as- needed basis. Options for selecting a firm are as follows: MSTU /MSTD committees may select a firm by informally interviewing, scoring and ranking interested firms (all awarded firms will be invited to participate). For all other using departments, if project is less than $50,000, then any awarded firm may be selected. For all using departments, if projects equal to or greater than $50,000, a firm will be selected by informally interviewing, scoring and ranking the interested firms (all awarded firms will be invited to participate). Term of Contract It is the intent of the County to award to no more than four (4) firms. If within the duration of this contract, additional resources are needed, a supplemental solicitation will be issued. The contract term, if an award(s) is /are made is intended to be one (1) year with two, two (2) year renewal options. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Should any order that is active at the time of the master contract expiration date, the work shall be allowed to be completed. No new orders, extensions or additional scope will be added to the master agreement once it is expired or terminated. Projected Solicitation Timetable The following projected timetable should be used as a working. guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice 4/24/12 Last Date for Receipt of Written Questions 5:00 pm, 5/8/12 Non-mandatory re- solicitation meeting N/A Addendum Issued By 5/11/12 Solicitation Deadline Date and Time 3:00 pm 5/15/12 Anticipated Evaluation of Submittals 5/25/12 Vendor Presentations if Required TBD Anticipated Completion of Contract Negotiations July 2012 Anticipated Board of County Commissioner's Approval Date By Se t 2012 RFP 12 -5892 Landscape Architects Packet Page -1693- T/24/2012 Item 16.A.17 Response Format The Vendor 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 Vendor further agrees that if the contract is awarded the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non- responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in the RFP. All proposals should be presented as described in the RFP in PDF or Microsoft Word format with Tabs clearly marked. If applicable, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor 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 Vendor's certification that the Vendor will accept any awards as a result of this RFP. Tab II, Specialized Expertise of Team Members (Max 20 Points — Max 5 Pages) Rating will be based on the ability of individuals on the proposed project team to perform the project. Please respond to the nine questions listed below. Brief biographies of key personnel, (including any subconsultant) and information presented in the section will be evaluated for ranking the proposer under this item. Tab III, Corporate Experience and Capacity (Max 40 Points —'fax 7 Pages) Ratings will be based on the firm's experience and perfo, nance on similar projects. The typical rating for a firm with significant experience and s- :lsfactory performance on related projects is fifteen (20) points. Additional points will be g� 3n up to the maximum allotted for this item for substantial experience on the same ; ,pe of projects and outstanding performance on previous projects. Little or no experien -e on the type of project will receive fewer points. RFP 12 -5892 Landscape Architects Packet Page -1694- 1 2 3 4 5 6 7 8 9 Question Has your firm provided landscape and irrigation design and services during construction for government or municipal road rights -of -way or median beautification between 1/1/2007 and 12/31/2011? If so, provide a list ro ects, servi— �s provided, and references and their contact information. Has your fi .r, piciv;�o ;u ;r;iyaon design services for private roadways between 1/1/2007 and 12/31/2011? If so, provide a list projects, [beautification rvices provided, and references and their contact information. s your firm provided landscape and irrigation design services (other than projects) for government, City, or Municipal Agencies? If so, vide a list projects, services provided, and references and their contact ormation. oes your firm provide total "in- house" landscape and design services? If so, please describe services Does your firm have the capability of reviewing existing landscape and irrigation systems and diagnosing pests and diseases? If not, a subcontractor may be used. Please provide subcontractor information. List projects and length of maintenance consulting and relevant references. Does your firm make public presentations to committees, organizations, or _groups? Provide a list of five examples How many landscape and irrigation design projects has your firm been involved in the past five (5) years (between 1/1/2007 and 12/31/2011)? Provide list specifying our firm's involvement in each project. Does your firm have experience and /or are you currently working with volunteer committees? Provide a list of Committees and dates of involvement, and role for each or anization Y/N Provide information on landscape architectural services that your firm offers that would benefit Collier County. Please provide references. TOTAL 90 Score — Max of 40 Points will be allowed for this section. /endor Name Projects Points Aw Vendor 123 95 40 Vendor 456 92 38 7 Vendor 789 84 35.4 Vendor 101 77 32.4 Vendor 201 68 27.4 1/24/2012 Item 16.A.17. Yes =10 I No = 0 Points Yes = 10 No =0 Yes = 10 No =0 Yes = 10 No =0 Yes = 10 No = 0 Yes = 10 No =0 Yes = 10 No = 0 Yes = 10 No =0 Yes = 10 No =0 Yes = 10 No =0 40 Tab IV, Ability to Complete Projects on Time/Within Budget (Max 20 Points — Max 3 Pages) Rating will be based on the proposer's approach to schedule control, proposer's current and projected workload, and available labor resources, approach to controlling past project costs, and also, the chart of the costs on previous projects as compared to the estimated costs prior to bidding. The chart will be considered a measure of the proposer's ability to complete projects within budget. RFP 12 -5892 Landscape Architects Packet Page -1695- 7 7/24/2012 Item 16.A.17. Additional points will be given up to the maximum allotted for this item for proposer's extraordinary ability to allocate necessary resources, the priority that this project work will receive, and a superior approach to schedule and cost control. Reference checks on previous projects may be reviewed, with points added for completing work on time, and points deleted for failure to complete work on time. 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 a End Date Original Budget g Final Project Cost Number of Change Orders EE --7 Tab V, Office Location and Responsiveness — (Maximum 10 Points — Maximum 2 Pages) Rating will be based on ease of contract administration and responsiveness both during the projects and after the projects are completed. The proposer with all key personnel located in Collier County will receive more points. Proposers' principal offices and /or key personnel in other areas will receive fewer points. Tab VI, References — Completed and Returned (Maximum Ten (10) Points) In order for the vendor to be awarded any points for this tab, the County requests that the vendor 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 questionnaires 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 :ivided by the highest vendor's points which will then be multiplied by criteria poins 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 first decimal point (per Microsoft Excel). RFP 12 -5892 Landscape Architects Packet Page =1696- 7/24/2012 Item 16.A.17. For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Note: Sample chart reflects a 10 point criterion. Vendor Name Vendor Total Reference Score Points Awarded Vendor ABC 445 10 Vendor DEF 425 9.6 Vendor GHI 388 8.7 Vendor JKL 365 8.2 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 vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. 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 VII, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in the RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor 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 VIII, Required Form Submittals • Attachment 2: Vendor Checklist • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Form' • Attachment 5: Immigration Affidavit and company's E- Verify profile page and memorandum of understanding (MOU) • Attachment 6: Vendor Substitute 9 • Attachment 7: Insurance Requirements • Attachment 8: Reference Questionnaire • Other: Landscape Architect License RFP 12 -5892 Landscape Architects Packet Page -1697- 9 Exhibit 11: General RFP Instructions 1. Questions 7/24/2012 Item 16.A.17. Direct questions related to this RFP to the Collier County Purchasing Department E- Procurement website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department E- Procurement website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre - Proposal Conference (Not Applicable) The purpose of the pre - proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum. All prospective Vendors 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 Vendors 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 Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor 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 Date to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 RFP 12 -5892 Landscape Architects Packet Page -1698- 10 7/24/2012 Item 16.A.17. Attn: Brenda Brilhart, Procurement Strategist The County shall not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and /or time indicated, or to an incorrect address by Vendor's personnel or by the Vendor's outside carrier. However, the Purchasing /General Services Director, or designee, shall reserve the right to accept proposals received after the posted close time under the following conditions: The tardy submission of the proposal is due to the following circumstances, which shall include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one (1) paper copy and five (5) compact disks (CD's) with one copy of the proposal on each CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 87 -25, and Collier County Resolution Number 2006 -268 establishing and adopting the Collier County Purchasing Policy. If the County receives proposals from less than three (3) firms, the Purchasing Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals Collier County will evaluate and select these Services in accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. The County's procedure for selecting is as follows: a. The County Manager shall appoint a Selection Committee to review all proposals submitted. b. Request for Proposals issued. RFP 12 -5892 Landscape Architects Packet Page -1699- ill 7/24/2012 Item 16.A.17. c. Subsequent to the closing of proposals, the Procurement Strategist and Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. d. Meetings shall be open to the public and the Procurement Strategist shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance of all such meetings. e. The committee members shall 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 shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Procurement Strategist shall also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 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 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, will review, evaluate and rank all responsive proposals received from Proposers responding to this RFP. The committee members shall score each Proposal in accordance with the rating criteria set forth below and may, at their discretion, schedule presentations from any firms submitting a proposal. 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. L Negotiations shall begin with the top- ranked firm(s) in accordance with Florida Statute 287.055. j. 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 Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references submitted as a result of this solicitation. 11. Proposal. Selection Committee and Evaluation Factors RFP 12 -5892 Landscape Architects Packet Page -1700- 12 7/24/2012 Item 16.A.17. The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Specialized Expertise of Team Members 20 Corporate Experience 40 Ability to Complete Projects on Time /Budget 20 Office Location and Responsiveness 10 Customer and Reference Listing 10 TOTAL 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. This information will be based on information provided by the Vendor, subject to verification at the County's option. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re- solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful 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. RFP 12 -5892 Landscape Architects Packet Page -1701- 13 2 7/24/2012 Item 16.A.17. Exhibit III: Collier County Purchase Order Terms and Conditions Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 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. 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 RFP 12 -5892 Landscape Architects Packet Page -1702- 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. 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 14 is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery sched, �i.r,;;, �e7eral scope of this Purchase girder. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and /or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. Warranties VENDOR expressly warrants that the goods and /or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 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. 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 RFP 12 -5892 Landscape Architects 7/24/2012 Item 16.A.17. VENDOR shall indemnify and hold harmless the AW COUNTY from any and all claims, including i 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 Packet Page -1703- 15 ordinances that are applicable to the conduct of its business. By way of non - exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded 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. RFP 12 -5892 Landscape Architects 7/24/2012 Item 16.A.17. 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. Packet Page -1704- 16 7/24/2012 Item 16.A.17. Exhibit IV: Additional Terms and Conditions for RFP 1. 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 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 Insurance and Bonding attachment, 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. 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 RFP 12 -5892 Landscape Architects 17 Packet Page -1705- 7/24/2012 Item 16.A.17. 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 Policy. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 51% or more of the solicitation amount for said work. 5. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities /project site during and after each work assignment the Vendor is performing. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts /agreements, approved by the Board of County Commissioners (BCC). The selected 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 obligated to sign any contracts, maintenance and /or service agreements or other documents provided by the Vendor. 7. Work Orders Subject to Best Value Offer on Fixed Term Contracts The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County. The contracts are classified as fixed -term Countywide Agreements for various and miscellaneous professional landscape architectural services which will be utilized on an as- needed basis. Assignments shall be implemented with Work Orders subject to a maximum of $200,000 per Work Order and with a maximum yearly contract amount of $750,000 per firm. Work Order assignments in excess of $200,000 shall be approved by the Board of County Commissioners. RFP 12 -5892 Landscape Architects Packet Page -1706- 18 8 7/24/2012 Item 16.A.17. Should any project that is active on a work order extend past the contract termination date, that work order shall be active and extended as necessary until completion of such project. Site Inspection If services to be provided involve or are related to a physical site(s), including, but not limited to: design services for construction, physical monitoring, environmental studies, inspections or other similar activities, prior to submission of proposal, proposers shall visit the site(s) with the County project manager to become familiar with local conditions that may in any manner affect performance of the Work. This site visit shall be documented in writing by the proposer with sign -off by the County project manager; this documentation shall be submitted with the proposal. The proposal will be deemed non - responsive if the site visit documentation is not presented to the County in the proposer's submitted proposal materials. Upon award of the contract, subsequent site visits shall be at intervals appropriate to the stage of the project, as determined by the County project manager. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to this Agreement as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the awarded proposer, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 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: bccaprclerk(a-)_collierclerk.com Collier County, in its sole discretion, will determine the method of payment for goods and /or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. Collier County cautions vendors to consider both methods of payment when determining pricing as no additional surcharges or fees will be considered (per Rules for VISA Merchants and MasterCard Merchant Rules). The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests shall be submitted to the Project Manager on a monthly basis by the Vendor for services rendered for that RFP 12 -5892 Landscape Architects 19 Packet Page -1707- 7/24/2012 Item 16.A.17. prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices must be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and /or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the 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. 10. 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. 11. 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. RFP 12 -5892 Landscape Architects Packet Page -1708- 20 7/24/2012 Item 16.A.17. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license /registration will need to be renewed thereafter to remain "active" in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252 -2477. 12. Survivability Work Orders: The Consultant agrees that any Work Order that extends beyond the expiration date of Solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. 13. 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 this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 14. Relation of County It is the intent of the parties hereto that the 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. 15. 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. 16. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 17. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.orq /search.html). A copy of the document shall be submitted with the solicitation response and the document number RFP 12 -5892 Landscape Architects 21 Packet Page -1709- 7/24/2012 Item 16.A.17. shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 18. Single Proposal Each 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. 19. Protest Procedures Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director rior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. 20. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 21. Security and Background Checks If required, 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. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. RFP 12 -5892 Landscape Architects Packet Page -1710- 22 7/24/2012 Item 16.A. IT. 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. 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 Vendor does not comply with providing the acce table E -Verify evidence and the executed affidavit the vendor's Proposal may be deemed non -res onsive. 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: htto: / /www.dhs.cLov /E- %�rify. 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. RFP 12 -5892 Landscape Architects Packet Page -1711- 23 7/24/2012 Item 16.A.17. c-o ter- copy Admnistabve Services DM Purchasing Attachment 1: Vendor's Non - Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to CCNA Solicitation RFP 12 -5892 Fixed Term Landscape Architectural Services 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: RFP 12 -5892 Landscape Architects Packet Page -1712- Date 24 7/24/2012 Item 16.A.17. v C er►- cagy AdnInstative Sennoes Division Purchasing Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Brenda Brilhart, Procurement Strategist CCNA Solicitation: RFP 12 -5892 Fixed Term Landscape Architectural Services ❑ The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER - DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date RFP 12 -5892 Landscape Architects 25 Packet Page -1713- 7/24/2012 Item 16.A.17. Co ier minty Adftnwatrve Service Division Purchasing Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and /or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and /or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and /or agents) agrees to immediately notify in writing the Purchasing /General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and /or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this by gotary ruaiic RFP 12 -5892 Landscape Architects day of , 2012, who is personally known to me to be the for the Firm, OR who produced the following identification My Commission Expires Packet Page -1714- 26 7/24/2012 Item 16.A.17. C;0 Ker county Admnistrabve Ser\nces DOsion PurchasiN Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation: RFP 12 -5892 Fixed Term Landscape Architectural Services Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by CCNA Solicitation: RFP 12 -5892 Fixed Term Landscape Architectural Services. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 2012 in the County of , in the State of Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number Telephone: FAX: Signature by: (Typed and written) Title: RFP 12 -5892 Landscape Architects 27 Packet Page -1715- 7/24/2012 Item 16.A.17. 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: RFP 12 -5892 Landscape Architects 28 Packet Page -1716- 7/24/2012 Item 16.A.17. C: oTE:r Col mty Admnet ative Servimz Dvision Pur..ha sin g Attachment 5: Immigration Affidavit Certification CCNA Solicitation: RFP 12 -5892 Fixed Term Landscape Architectural Services 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 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 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 proposal. Company Name Print Name Signature State of County of Title Date The foregoing instrument was signed and acknowledged before me this day of , 2012, by who has produced (Print or Type Name) Notary Public Signature Printed Name of Notary Public Notary Commission Number /Expiration as identification. (Type of Identification and Number) The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. RFP 12 -5892 Landscape Architects 29 Packet Page -1717- 7/24/2012 Item 16.A.17. CW.ofer County AdnmsVahve seroces Dwmon purchasing 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 City State FAX Email Remit / Payment information Address Zip City State FAX Email 2. Company Status (check only one) _Individual / Sole Proprietor _Corporation Ta E t F ;" T­ xemp ( ederal income tax - exempt entity — Li,-aed Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification (D = Disregarded Entity, C = Conoc 3. Taxpayer Identification Number (for tax reporti d purposes only) Federal Tax Identification Number (TIN) Zip P= 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 Title RFP 12 -5892 Landscape Architects Packet Page -1718- Date Phone Number 30 7/2412012 Item 16.A.17. C,Ortr county Adrrunistrative Services i7ivisian Purchasing Attachment 7: Insurance and Bonding Requirements Insurance / Bond Type Reauired Limits 1. ® Worker's Statutor_ _rmits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ❑ Employer's Liability single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1.000.000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form 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. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ® Other insurance as ® Professional Liability $1,000,000 per claim and in noted: the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate Packet Page -1719- ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to RFP 12 -5892 Landscape Architects 31 Packet Page -1719- 7/24/2012 Item 16.A.17. general policy holders rating and Class V or higher rating db tu ,,,,dmad, „cc 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. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Vendor Signature Print Name Insurance Agency Agent Name RFP 12 -5892 Landscape Architects Packet Page -1720- Date Telephone Number 32 7/24/2012 Item 16.A.17. Cyder COU.rity nDmsm PurJwuN Attachment 8: Reference Questionnaire Solicitation: RFP 12 -5892 Fixed Term Landscape Architectural Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (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 /indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Completion Date: Project Budget: 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 Close out project process (final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow County policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: RFP 12 -5892 Landscape Architects Packet Page - 1721 By 33