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Agenda 09/11/2012 Item #16B69"1112^12 Item 1F. CUTIVE SUMMARY Recommendation that the Board approves the three firms selected through the Consultants' Competitive Negotiation Act (CCNA) Solicitation RFP 12 -5896 Design of First Street Zocalo for Immokalee and authorizes staff to negotiate With the top ranked firm. OBJECTIVE: To provide architectural, engineering and artistic services to the Immokalee CRA for the planning, design, permitting and construction ovrsight for the public plaza at the corner of First Street and Main Street in Immokalee and to receive oard approval for three firms selected through the Consultants' Competitive Negotiation Act (CCNA) Solicitation RFP process for the Design of First Street Zocalo for Immokalee, RFP #12 -5896. CONSIDERATIONS: The design services to be p ovided for the Zocalo project are architect -led and should include planning, engineering, landscape architecture and artistic consulting to design, permit and oversee construction of the plaza eleME nts to ensure the community vision is fulfilled and the site is fully accessible and functional as a wE (coming plaza and gathering spot. There were 1,202 notices sent, 88 packages downloaded, and t ree (3) responses received from architectural firms. In accordance with Florida Statute 287.055, CCNA, for Immokalee proposals were reviewed by the S following three firms were short- listed through the C Street Zocalo for Immokalee: 1. David Corban Architect, plic 2. Moore & Spence Architects 3. RG Architects FP 12 -5896 Design of the First Street Zocalo action Committee on August 21, 2012. The VA process for RFP 12 -5896 Design of First FISCAL IMPACT: Funding is available from Collie County Community Development Block Grant (CDBG) # B- 10 -UC -12 -0016; HUD Project #CD10 -13, Immokalee CRA Public Facility First Street Plaza, $810,000, (SAP # 715 - 138315 - 33192). LEGAL CONSIDERATIONS: This item has been'', reviewed by the Count Attorney, is legally sufficient, and requires majority vote for Board approval. -JAK GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: Staff recommends that the'Board approve the short- listed firms and allow the Purchasing Department to initiate negotiations With the top ranked firm and come back to the Board to ask approval of the resulting contract. PREPARED BY: Penny Phillippi, Executive Director, '',Immokalee CRA Attachments: 1. Solicitation 2. Final Ranking Sheet Packet Page -26, 80- Q, , '7,0 ' 1ter 16.E .� COLLIER GUNNY Board of County Co missioners Item Number: 16.6.6. Item Summary: Recommendation that the Board approve the three firms selected through the Consultants' Competitive Negotiation Act (CCNA) Solicitation RFP 12 -5896 Design of First Street Zocalo for Immokalee. Meeting Date: 9/11/2012 Prepared By Name: PhillippiPenny Title: Executive Director, Immokalee CRA, 8/29/2012 3:05:17 PM Approved By Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasina & Gene Date: 8/30,2012 4:07:19 PM Name: KlatzkowJeff Title: County Attorney Date: 8/31/21012 8:24:12 Alva Name: KlatzkowJeff Title: County Attorney Date: 8/31/2012 8:40:37 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 8/31/2012 7:20:27 PM Name: StanleyTherese Title: Management /Budget Analyst, Senior,Office of Management & Budget Date: 8/31/2012 7:20:38 PM Name: KlatzkowJeff Title: County Attorney Date: 9/4/2012 8:46:54 AM Packet Page -2681- 9!'1112012 Item 10.5.6, Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 9/4/2012 11:43:10 AM Packet Page -2682- 9111!20�� Item '�.E . GRANTFONDED REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. per &iunty Admnist at ve Services Division Purvhasing COLLIER CIOUNTY BOARD OF COUNTY COMMISSIONERS CCNA Solicitation RFP 12-5896 Design of First Street Zocalo for Immokalee Brenda Brilhart, Procurellment Strategist Telephone: 239 - 252 -8446 Fax: 239 - 252 -6697 Email: BrendaBrilhart@colliergov.net 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) Purchasing Depi L t, 3327 Tam ami Trail East -Naples. Florida 34112.4901 - vemmoke as,netipurrhasing Packet Page -2683- 9!1112012 Item 16.5.0. Table of Contents LEGALNOTICE ......................................................................................... ............................... 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ..................... 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS ............................................ ............................... 9 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ...............13 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP ............. .............................16 ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT ................. .............................23 ATTACHMENT 2: VENDOR CHECK LIST .................................................. .............................24 ATTACHMENT 3: VENDOR DECLARATION STATEMENT ....................... .............................25 ATTACHMENT 4: IMMIGRATION AFFIDAVIT CERTIFICATION ............... .............................27 ATTACHMENT 5: VENDOR SUBSTITUTE W — 9 ....................................... .............................28 ATTACHMENT 6: INSURANCE AND BONDING REQUIREMENTS .......... .............................29 ATTACHMENT 7: REFERENCE QUESTIONNAIRE ................................... .............................31 ATTACHMENT 8: SECTION 3 CLAUSE ......................................... .............................35 EXHIBIT I.A: GRANTING AGENCY REQUIREMENTS ..................... .............................37 EXHIBIT I.B: GRANTING AGENCY FORMS .................................. .............................38 RFP 12 -5896 Packet Page -2684- 2 9/" 2'"-'It em; 1F.E., . CAM unlY, _i ddrranistrabve Services Division Punt a sing Legal Notice Pursuant to approval by the County Manager, Sealed Proposals to provide Design of First Street Zocalo for Immokalee will be received until 3:00 pm, Naples local time, on July 20, 2012 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. CCNA Solicitation 12 -5896 — Design of First Street Zocalo for Immokalee Services to be provided shall include, but not be limited to the following: The Immokalee CRA seeks an architectural /engineering and artist team for master planning, design, permitting and construction oversight for one zocalo (public gathering place) at the corner of First Street and Main Street. 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.collierooy.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 June 28, 2012. RFP 12 -5896 Packet Page -2685- 9/11/2012 Item 163.6. Exhibit l: Scope of Work, Specifications and Response Format As requested by the Collier County Immokalee CRA (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. Brief Description of Purchase Services to be provided shall include, but not be limited to the following: The Immokalee CRA seeks an architectural /engineering and artist team for master planning, design, permitting and construction oversight for one (1) Zocalo (public gathering place) at the corner of First Street and Main Street. Background The Collier County Community Redevelopment Agency (CRA) was established in March of 2000 to alleviate slum and blight in Immokalee, Florida. Local leadership is provided by the CRA Advisory Committee to promote the sound development and redevelopment of the CRA by focusing financial resources to improve infrastructure, appearance, architecture, landscaping and design, and provide economic stability and safety. Through those initiatives, a grass roots community vision emerged. This vision embraced Immokalee's differences and envisioned a prosperous future that welcomed diversity, built upon the community's Latin and Caribbean cultural influences, embraced its agricultural heritage while also aiming to become the industrial /commercial hub of Collier County. Over the past six years, the CRA, the Immokalee CRA Advisory Committee and the Immokalee Master Plan and Visioning Committee (IMPVC) have worked to redevelop a master plan for Immokalee that would build on the strengths of Immokalee to create economic diversity and a prosperous community. Many times the Master Plan documents the goal of a consistent cohesive land design for Immokalee. On March 18, 2009 a proposed Public Realm and Town Design for the vision of Immokalee in the 21st Century were presented the CRA Advisory Board. This Public Reaim/Town Design includes two plazas, an intermediate and long -range conceptual design plan for the landscaping on Main Street, a design for the downtown commercial district and form based guidelines to aid in the development of Land Development Codes. On June 11, 2010, the Immokalee CRA won the 2010 Award of Merit for a Public Study for the Public Realm and Town Design with Form Based Guidelines from the Florida Planning and Zoning Association at the 58`h Annual Conference in Sarasota, Florida. Detailed Scope of Work The Immokalee CRA seeks an architectural /engineering and artist team for adherence to the Immokalee Public Realm/Town Design as approved by the Collier County Board of County Commissioners, design, permitting and construction oversight of one (1) zocalo at the corner of First Street and Main Street as detailed below. This solicitation is intended to comply with the RFP 12 -5896 Packet Page -2686- 9!11 /2012 Item 16. E),. 6, . Fiorida Statute 287.055 Competitive Negotiation Act. All consultants shall hold all State, Federal and County /City licenses required to perform the scope of work. The proposed zocalo site is located at First Street and Main Street in the central business district — downtown — of Immokalee. The site is approximately 0.6 acres of cleared, vacant property. Community residents will have access to the site by bicycle and walking. The project should be architect -led and should include planning, engineering, landscape architecture and artistic consulting to design, permit and oversee construction of the following elements to ensure the community vision is fulfilled and the site is fully accessible and functional as a welcoming plaza and gathering spot: • American with Disabilities (ADA) access throughout the Zocalo • Terraced amphitheater, stage or band shell, with decorative shelter • Walkways (pervious) • Rain garden & landscaping • Seating • Paths /specialty pavers /paving (pervious) • Artwork (i.e., art walls) • Arched Walls • Sculpture /Fountain • Utilities — electric, water and irrigation • Trash receptacles • Bollards • Columns • Signage • Security lighting • Bike rack • Decorative stone /tile • Landscaping The work may consist of, but not be limited to, the following: • Review Public Realm Plan • Evaluate site characteristics and review applicable codes and standards related to development of the Zocalo on the property • Project management and scheduling • Master Concept Plan alternatives (up to three) including specifications for site components and materials, and order of magnitude cost estimates for construction for each alternative. • Selected Site Plan, detailed in color with renderings • Artist concepts and design drawings • Design development • Collier County permitting • Environmental resource permitting • Services during bidding and construction • Record drawings to be provided upon completion RFP 12 -5896 Packet Page -2687- 5 9!11/2012 Item 16.E.E' Engineering services may include: • Civil • Structural • Mechanical • Environmental • Landscape architecture • Construction engineering and inspection (CEI) Term of Contract The contract term, if an award(s) is /are made is intended to be for current needs only for a period of one (1) year or less. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 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. 1. Tab I, Cover Letter / Management Summary Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. RFP 12 -5896 Packet Page -2688- C 9/1112012 Item 1 E.R .6. 2. Tab Il, Business Plan (20 points) In this tab, include: • Detailed plan of approach (including major tasks and sub - tasks). • Detailed time line for completion of the project. • Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference. 3. Tab III, Experience and Capacity of Firm (25 points) Provide information that documents your firm's and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. Also describe the various team members' successful experience in working with one another on previous projects. List Current Projects in the Format Identified Below Project Original Final Project Number of Description Start Date End Date Budget Cost Change Orders 4. Tab IV, Specialized Expertise of Team Members (25 points) Attach resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. The same should be done for any sub - consultants. If sub - consultants are being utilized, letters of intent from stated sub - consultants must be included with proposal submission. 5. Tab V, References — 5 Completed and Returned (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. 6. Tab Vi, Section 3 Business Concern (20 points) Collier County provides an incentive to certified Section 3 businesses to enhance the opportunities and ensure that employment and other economic opportunities generated by certain HUD Housing and /or Community Development Assistance funding shall, to the greatest extent feasible, and consistent with existing Federal, State, and local law and regulations, be directed to low- and very-low income persons and to business concerns which provide economic opportunities to low- and very-low income persons of local businesses to receive awards of Collier County contracts. A "Section 3 Business" is defined as a business that provides evidence of their Section 3 certification at the time the bid is offered to the County; evidence shall not be provided after the bid closing time. In the evaluation of proposals, the County rewards Vendors for being Section 3 certified by assigning 15 — 25 percent of the total award criterion toward businesses that: RFP 12 -5896 Packet Page -2689- 9/11/2012 Iterr 16.EE.E. • Is fifty -one percent (51 %) or more of the business owned by Section 3 residents (5 points) • Employees: Section 3 residents make up at least thirty percent (30 %) of the company's full -time, permanent staff (5 points) • Provides evidence of a commitment to subcontract Section 3 business concerns, twenty -five percent (25 %) or more of the dollar amount awarded in the contract (5 points) • Provides evidence of a commitment to train Section 3 residents and businesses (5 points) Proposer must complete and submit with their response the Affidavit and Certification for Claiming Status as a Section 3 Business which is included as part of this solicitation and their current Section 3 certification. Failure on the part of a Proposer to submit this Affidavit and the certification with their proposal will preclude said Proposer from being considered for Section 3 preference on this solicitation. A Proposer who misrepresents the Section 3 Preference status of its firm in a proposal submitted to the County will lose the privilege to claim Section 3 Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with responsible proposer 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. 7. Tab VI, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in the RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a 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. 8. Tab VII, Required Form Submittals RFP 12 -5896 • Attachment 2: Vendor Checklist • Attachment 3: Vendor Declaration Form' • Attachment 4: Immigration Affidavit and company's E- Verify profile page and memorandum of understanding • Attachment 5: Vendor Substitute 9 • Attachment 6: Insurance Requirements • Attachment 7: Reference Questionnaire • Attachment 8: Affidavit and Certification for Claiming Status as a Section 3 Business for Formal Solicitations • Exhibit I.A. Granting Agency Requirements • Exhibit I.B: Granting Agency Required Forms Packet Page -2690- 8 1. Questions 2 3 9111,2012 Item 16.E.6. Exhibit If: General RFC' Instructions Direct questions related to this RFP to the ollier County Purchasing Department E- Procurement website: www.colliergov.net /bid. Vendors must clearly understand that the only official answer or position of the County w II be the one stated on the Collier County Purchasing Department E- Procurement websit . For general questions, please call the referenced Procurement Strategist noted on the cover page. Pre - Proposal Conference The purpose of the pre - proposal conference is questioning with County staff regarding the RF equal opportunity to hear and participate. Oral q of which will be official, nor become part of tl questions will be considered official, and will addendum. Lo allow an open forum for discussion and P with all prospective Vendors having an iestions will receive oral responses, neither e RFP. Only written responses to written be included as part of the RFP as an All prospective Vendors are strongly encourage to attend, as, this will usually be the only pre - proposal conference for this solicitation. If t is pre - proposal conference is denoted as ,'mandatory ", prospective Vendors must be present in order to submit a proposal response. Compliance with the RFP Proposals must be in strict compliance with this f FP. 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 thel 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, negjotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 3:00 pm,': local time, on or before July 20, 2012 to: Collier County Government Purchasing Department RFP 12 -5896 Packet Page -2691- 0/1112012 1terT 10.6.E 3327 Tamiami Trail E Naples FL 34112 Attn: Lyn M. Wood, 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 clearly labeled "Master," and four (4) paper copies with one copy of the proposal on a 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 (CCNA). The County's procedure for selecting is as follows: 1. The County Manager shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. RFP 12 -5896 Packet Page -2692- 10 9�" '?012 Iterr, 16.E.6. 3. Subsequent to the closing of proposals, the Procurement Strategist and Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings shall be open to the public and the Procurement Strategist shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance of all such meetings. 5. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Procurement Strategist shall also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. Collier County will consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, interviews, or oral presentations. 8. The Selection Committee, as approved by the County Manager, will review, evaluate and rank all responsive proposals received from Proposers responding to this RFP. The committee members shall score each Proposal in accordance with the rating criteria set forth below and may, at their discretion, schedule presentations from any firms submitting a proposal. 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. °. Negotiations shall begin with the top - ranked firm(s1 in accordance with Florida Statute 287.055. 10. 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. RFP 12 -5896 Packet Page -2693- if 9/11(2012 Item 16.—F-e6, 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Business Plan Experience and Capacity of the Firm Specialized Expertise of Team Members References Section 3 Business Concerns TOTAL 20 25 25 10 20 100 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 -5896 Packet Page -2694- 12 2 4. 9'11/201`, Items ^ v.E.F 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. 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 5. 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 actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. RFP 12 -5896 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 is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. Packet Page -2695- 13 6. 7 M Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and /or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. Warranties VENDOR expressly warrants that the goods and /or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 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 VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising RFP 12 -5896 9/11/2012 Item 16.5.5. from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and /or services to be provided hereunder. 11. Warranty of Non - Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and /or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non - infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of 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 Packet Page -2696- 14 origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and /or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination RFP 12 -5896 9'1,,2,1` Ite-^ IF. '.6, 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 -2697- 15 91' 1/20 "2 Item 1E.E.6. E�xhibib IV: Additiona' w erms and Conditions for RFF AOW 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. RFP 12 -5896 Packet Page -2698- 16 g /�'I�'2C'�� Item 'I�.� .�. Shoui F ar ` tlmP the Venao' n,.. ' lalntalr tn= Insur r.�c - _,oweraoe : reow, -, ,erm. -ia . tn- ',areemen a'. i:: _ d!sc re. ,. s,ai autnor :X -S K,17 c overaaei.s; anc cnarae: the Venaar for suer: coveraoe(s; purchased. I' Venao- fail: to reimt)ursF the County for such cost::. within thirty (30 ) days after aemand, 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 Proposers on any service related project, including construction, must be qualified and directly responsible for 55% 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. 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 RFP 12 -5896 Packet Page -2699- 17 b\ the Count\, Droiec` manager: this aocumentation shah be submittec wr 9!11/2012 Item 16.E.P proposal wil be deemec, non - responsive if the site v!sit docurrnentatiorl, is no'. Dreseniec io tnE County in the. proposer's submittea proposal materiais Upon award o� the contract, subsequen` 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. 8. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(d,)coliiercleric.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 proposals clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial proposal 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 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. RFP 12 -5896 Packet Page -2700- 18 g/11!2012 Item 1e.E.E v' %ne, inc- success. . "aci:' ,al cw�,, oeo' itnclUQln; nol, ilmiiec ._ i8xe� ., otne` Tees io :,oiile- .,ouniy anc WE contr&:;io' riaS no. sat!sfiec no- maa�_-, arrangemen', tc satlST\ these debts, the County reserves the right ac of -set the amoun. owec to the County oy applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 9. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and /or right -of -way for the purpose of inspection of any Vendor's work operations. This provision is non - negotiable by any department and /or Vendor. All new electrical installations shall incorporate Coordination and Arc Flash Studies where relevant installations shall be labeled with appropriate NFPA labels. 10. Licenses NFPA 70E Short Circuit Protective Device as determined by the engineer. All electrical 70E arch flash boundary and PPE Protective The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non - responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license /registration will need to be renewed thereafter to remain "active" in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252 -2477. 11. Survivability Purchase Orders: The Consultant/Contractor/Vendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 12 -5896 — Design of First Street Zokalo for RFP 12 -5896 Packet Page -2701- 19 Immokalee wil' survivF and remain subiec- tc the terms and condition_ o, thE 9/1 12-12 Item 16.E .E completion o- terminatior, ot this �u-cnase _)roe: 121. 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. 13. 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. 14. 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. 15. 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. 16. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.org /search.htmi). A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 17. 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 RFP 12 -5896 20 Packet Page -2702- 9!f 1!20 i-' Iterr 16.E.6. suF-,=-ultan t: arr otrie" fir- o" 71rmE submininc !nde'- tnE samE R ". f' !: "evil' "2rli; wi: oeII�TieC furtne` :;onsoeratlo; 1 E. 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 rp for 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. 19. 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. 20. Security and Background Checks If required, the Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shali 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. 21. 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. 22. 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 RFP 12 -5896 Packet Page -2703- 21 Statutes. the current Collie- Count, Ftnicc Ordinance and Count\, Adminism- 9/11120'12 Item 16.B.6. ` i:)iatior; tnlc Drovisior me, resul-. it onc. o' morE C the followlna conseauences, a. �:'rOnibitior b1 the indiviaual, firm, and /or any emoiovee at the firm frorr, contact with County staff for a specified period of time; b. Prohibition by the individual andior 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. 23. 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 Bidder /Vendor does not comply with providing the acceptable E- Verify evidence and the executed affidavit the bidder's / vendor's proposal may be deemed non - responsive. Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http: / /www,dhs.aov /E- Verif "y. 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 sea• and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. RFP 12 -5896 Packet Page -2704- 22 9!11 /201 ` 1tern 16.5.6. Admnisn, we Services D visic n urchasinq 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 12 -5896 — Design of First Street Zocalo for Immokalee for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications /scope of work. ❑ Specifications /scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date RFP 12 -5896 23 Packet Page -2705- Attachment 2: Vendor Check List 9/11/2012 Item 16.5.E' 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: 12 -5896 — Design of First Street Zocalo for Immokalee ❑ 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: RFP 12 -5896 Packet Page -2706- Date 24 9« 1;2912 Item I t�-E.E Aeirm,.tm*eve Services Division °'urchasing Attachment 3: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation: 12 -5896 — Design of First Street Zocalo for Immokalee 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: 12 -5896 — Design of First Street Zocalo for Immokalee. 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 -5896 Packet Page -2707- 25 Additionai Contact iniormatior Send payments tc. (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 -5896 Packet Page -2708- 9 ,11112012 Item 16.E.6 26 v 9" 112012 Item 16.6.6 A Attachment 4: Immigration Affidavit Certification CCNA Solicitation: 12 -5896 — Design of First Street Zocalo for Immokalee This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E- Verify program may deem the Vendor / Bidder's proposal as non - responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company name Print Name Title Signature State of _ County of Date The foregoing instrument was signed and acknowledged before me this day of , 2012, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number /Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. RFP 12 -5896 Packet Page -2709- %i7 9/11/2012 Item 16.E-6. rIT'!rri z^MV,- service:; ivi";1;r - .ur=_h3 r0 Attachment 5: 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 State Telephone FAX Order Information Address City State FAX Email 2. Company Status (check only one) M.N. City Zip Email Remit / Payment Information Address City State Zip FAX Email _Individual / Sole Proprietor _Corporation _Partnership _Tax Exempt (Federal income tax - exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, / certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number RFP 12 -5896 Packet Page -2710- 28 �44f raismnve Services DINision ,urcha;siny Attachment 6: Insurance and Bonding Requirements Insurance / Bond Type 1. ® Worker's Compensation 2. ® Employer's Liability 3. ® Commercial General Liability (Occurrence Form) patterned after the current ISO form Q' 1 /10- lIr Items E. Required Limits Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements $1,000,000 single limit per occurrence Bodily Injury and Property Damage $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ❑ Indemnification To the maximum extent permitted by Florida law, the Contractor /Vendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor /Vendor /Consultant or anyone employed or utilized by the Contractor /Vendor /Consultant in the performance of this Agreement. 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 ❑ Watercraft noted: RFP 12 -5896 Per Occurrence ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ® Professional Liability $1,000,000 per claim and in the aggregate Packet Page -2711- 29 6. ❑ Bid bond 7. ❑ Performance and Payment Bonds _ 9/11/2012 Item 163.0. Drolec': r- ofesslonal �- abilit\ S -r vULUrItillUt I Vaivabie Papers Insurance S Per Occurrence 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. For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ❑ The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. 11. F. 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 -5896 Packet Page -2712- Date Telephone Number 30 Attachment 7: Reference Questionnaire Solicitation: 12 -5896 — Design for First Street Zocalo for Immokalee 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 Countv is imnlementina a process that collects reference information on firms and their kev personnel to be use 1 in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm /individual again) and 1 representing that you were very unsatisfied (and would never hire the firm /indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Completion Date: Project Budget: Change Orders - Dollars Added Project Number of Days: Change Orders - Days Added: I Item Citeria Score 1 I Ability to manage the project costs (minimize change orders to scope). i 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 -5896 Packet Page -2713- By 31 9/11112012 Item 1 E.S.E. �+OLLiE;i'iOLfYi n� •yglT 1. t��i: .3:N(_ :>P. JI(w?..:.f`r I��I::f Attachment 8 Section 3: A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative or workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). RFP 12 -5896 Packet Page -2714- 32 Exhibi`. Grantinc Apen^i Reaui ~ement. o �DBv Supplemental Conditions o State and Federal Statutes and Regulations o Section 3 Support Documents RFP 12 -5896 Packet Page -2715- - 1;2012 Iterr 33 RFP 12 -5896 911/2012 Item 16.E.6 Exhibit !.E° rantinc Aaen --y =orms • Certification Regarding Debarment, Suspension, and Other Responsibility Matters • Claiming Status as a Section 3 Business • Certification of Drug Free Work Place • Certification of General Grant Clauses • Acknowledgement of Religious Organization Requirements • Conflict of Interest Affidavit • Disclosure of Lobbying Activities Packet Page -2716- 34 (D y.1 a) s E y O = U O m d is N �Q CD O ca Y O E L 0 O R 0 O N r 0 d LL CO �" O 00 a 1? 9) T- 0 a m U. H d L) V rIrIM O = U Z E U. 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