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Item #12 Appointment of Commissioner to Selection committee for RFQ#0802 Continuing Contracts for Landscape Architectural Services AGENDA ITEM COVER SHEET Meeting Date: March 18, 2008 Item # 1c1 Contact Name: Contact Number: Joyce Tolbert 1516 Reviewed By: Department Director: City Manager: Subject: Appointment of Commissioner to Selection Committee for Contracts for Landscape Architectural Services Background Summary: In compliance with City Commission direction of October 2, 2007, staff is requesting a Commissioner be appointed to the Selection Committee to evaluate Statement of Qualifications received for RFQ #0802 Continuing Contracts for Landscape Architectural Services. The selection committee meeting is tentatively scheduled for Wednesday, April 16, 2008 at 10:00 a.m. Issue: Appointment of Commissioner to the Selection Committee for RFQ #0802. Recommendations Staff recommends that the City Commission appoint a Commissioner to serve on the Selection Committee for RFQ #0802 Continuing Contracts for Landscape Architectural Services. Attachments: 1. RFQ #0802 Financial Impact: Type of Item: (please mark with an "x') Public Hearing _ Ordinance First Reading Ordinance Second Reading Resolution Commission Approval X Discussion & Direction For Clerk's DeDt Use: _ Consent Agenda _ Public Hearing _ Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) , d!Q.,#" Jet CJI---k5~ N/A N/A N/A City Manager Robert Frank Commissioners Gary Hood, District 1 Scott Anderson, District 2 Rusty Johnson, District 3 Joel Keller, District 4 Mavor S. Scott Vandergrift CITY OF OCOEE REQUEST FOR QUALIFICATIONS (RFQ) #0802 CONTINUING CONTRACTS FOR LANDSCAPE ARCHITECTURAL SERVICES City of Ocoee . 150 N Lakeshore Drive. Ocoee, Florida 34761 phone: (407) 905-3100 . fax: (407) 656-8504 . www.ci.ocoee.fl.us LEGAL ADVERTISEMENT CITY OF OCOEE REQUEST FOR QUALIFICATIONS "RFQ" #0802 CONTINUING CONTRACTS FOR LANDSCAPE ARCHITECTURAL SERVICES Ocoee City Commission The City of Ocoee, Florida, in conformance with the Consultants' Competitive Negotiations Act (CCNA), Florida Statutes Section 287,055,et seq. and the policies and procedures of the City of Ocoee (City) is soliciting statements of qualifications from qualified professional Landscape Architectural firms that are interested in providing general landscape architectural services for beautification and public works projects, park design, streetscape plans, irrigation plans, construction management, and other miscellaneous public improvement projects. The City intends to award continuing contracts to no fewer than two (2) firms, if possible, deemed to be the most highly qualified to perform the required services. In determining whether a firm is qualified, the City shall consider such factors as the ability of professional personnel; past performance; familiarity with City Codes; ability to interface effectively with other planning and engineering contractors; willingness to meet time and budget requirements; location; recent, current, and projected workloads of the firms; and the volume of work previously awarded to each firm by the City, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firms. Firms selected by the City will provide landscape architectural services to the City on an as needed basis, based upon task orders to be issued by the City under the continuing contracts. The contracts shall automatically be renewed annually unless terminated by the City in writing, for a maximum of five years from the date of the execution. Qualification packages must be received no later than 2:00 p.m, (local time) on March 19, 2008, Any qualification packages received after the above noted time will not be accepted under any circumstances. Any uncertainty regarding the time a qualification package is received will be resolved against the Respondent. Qualification packages submitted after this designated time will be returned unopened. Firms or companies interested in providing the landscape architectural services shall submit one (1) original and five (5) copies of their qualifications to the City of Ocoee Finance Department by the submission deadline to the attention of: Joyce Tolbert, Purchasing Agent City of Ocoee 150 N. Lakeshore Drive Ocoee, Florida 34761 Phone: (407) 905-3100 x 1516 FAX number: (407) 656-3501 jtolbert@cLocoee.fl.us RFQ #0802 - Landscape Architectural 2 No fax or electronic submissions will be accepted. The City through written inquiries directed to Joyce Tolbert, Purchasing Agent, will receive questions regarding the RFQ. Deadline for receipt of written inquiries will be March 10,2008. Interested firms may secure a copy of the RFQ documents through Demandstar by accessing the City's website at www.ci.ocoee.fl.llS under BidsN endors, or copies are available from the contact person identified above for a non-refundable reproduction and/or administrative fee of $20,00, Checks should be made payable to the City of Ocoee. Copies via e-mail are not available and partial sets of RFQ documents will not be issued. Firms or companies interested in providing the architectural services may be disqualified if they have contacts with the Mayor, City Commissioners, or any City staff other than person identified above about the RFQ during the submission or selection process. Pursuant to Section 287. 133(2)(a), Florida Statutes, interested firms who have been placed on the convicted vendor list following a conviction for public entity crimes may not submit a proposal on a contract to provide services for a public entity, may not be awarded a consultant contract and may not transact business with a public entity for services, the value of which exceeds CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. City Clerk February 24, 2008 RFQ #0802 - Landscape Architectural 3 CITY OF OCOEE REQUEST FOR QUALIFICATIONS "RFQ" #0802 CONTINUING LANDSCAPE ARCHITECTURAL SERVICES A, INTRODUCTION 1. The City of Ocoee, Florida, in conformance with the Consultants' Competitive Negotiations Act (CCNA), Florida Statutes Section 287.055, and the policies and procedures of the City of Ocoee (City) is soliciting statements of qualifications from qualified professional Landscape Architectural firms that are interested in providing general landscape architectural services for beautification and public works projects, park design, streetscape plans, irrigation plans, construction management, and other miscellaneous public improvement projects in which construction costs do not exceed $1 million, The City intends to award continuing contracts to no fewer than two (2) firms deemed to be the most highly qualified to perform the required servIces. 2. Responding firms (Respondents) must be experienced in providing landscape architectural services for projects of a scope and nature comparable to those described in this RFQ. Use of qualified sub-consultants for specialty work is acceptable, To be considered, the firm shall be a licensed professional in accordance with Florida State law and be familiar with all applicable State of Florida, Orange County and City of Ocoee codes, regulations and laws. Please include a copy of all applicable licenses held by firms or subconsultants proposed to perform work. MANDA TORY REQUIREMENTS: . The City desires to contract with firms having an office location in the Central Florida area within twenty-five (25) miles of Ocoee City Hall. . The firm must be familiar with the Northwest Central Florida area and have verifiable projects completed in this area. 3. All contacts regarding this solicitation shall be made to Joyce Tolbert, Purchasing Agent, in writing, no later than 5:00 P.M" local time, on March 10, 2008. Potential Respondents should not contact City staff, with the exception of the Purchasing Agent, or other City consultants for information regarding this RFQ before the project award date. Any contact with any other member of the City Staff, City Commission, or its Agents during the RFQ, award, and protest period may be grounds for Respondent disqualification. 4. Each Respondent must provide a Qualification Package that consists minimally of a Transmittal Letter, Statement of Qualifications, and Company Information Form. Please also include a copy of all applicable licenses held by firms or key subconsultants proposing to perform the work. Statements of Qualifications must be limited to a total of thirty-five (35) 8,5"x 11" pages (including resumes and 2-page cover letter but excluding front and back covers, Forms 254/255, dividers, and Company Information Form), single-sided, portrait RFQ #0802 - Landscape Architectural 4 orientation. 12-point font. Any Qualifications Package failing to conform to these specifications is subject to rejection. The person signing the Transmittal Letter on behalf of the Respondent must have the legal authority to bind the Respondent to the submitted Qualification Package and shall be understood to do so. 5. All Qualification Packages must be received by the City at the location stated in paragraph 6 of the RFQ not later than no later than 2:00 p,m., local time, on March 19, 2008. Any Qualification Package received after the above stated time and date shall not be considered. It shall be the sole responsibility of the Respondent to have the Qualifications Package delivered to the Ocoee City Hall by u.s. mail, hand delivery, or any other method available to them. Delay in delivery shall not be the responsibility of the City. A Qualifications Package received after the deadline shall not be considered and shall be returned unopened. Any request to withdraw a Qualification Package must be addressed in writing. Such requests must be received by the City prior to the deadline of the submission 6. One (1) original and five (5) copies of the Qualifications Package must be submitted to the City of Ocoee in one sealed package, clearly marked on the outside with the appropriate RFQ number and closing date and time, addressed to: City of Ocoee Attn: Joyce Tolbert, Purchasing Agent 150 North Lakeshore Drive Ocoee, FL 34761-2258 (407) 905-3100 ext. 1516 (407) 656-3501 - fax itolbert@ci.ocoee.fl.us No fax or electronic RFQ submissions will be accepted. All expenses for providing Qualification Packages to the City shall be borne by the Respondent. 7. Action on Qualification Packages is expected to be taken by the City within ninety (90) days of the due date; however, no guarantee or representation is made herein as to the time between receipt of the Qualification Package and subsequent Commission action. 8. The City reserves the right to accept or reject any or all Qualification Packages, to waive irregularities and technicalities, and to request resubmission or to re-advertise for all or any part of the RFQ. The City shall be the sole judge of each Qualification Package and the resulting negotiated agreement that is in the City's best interest. The City's decision shall be final. 9. All applicable laws and regulations of the United States, the State of Florida, and the City of Ocoee will apply to any resulting Agreement. The provisions of the Consultant's Competitive Negotiations Act (Section 287.055, Florida State Statutes) shall apply, where applicable. RFQ #0802 - Landscape Architectural 5 10. The successful Respondent shall be required to execute an Agreement, in form and content acceptable to the City, indemnifying and holding harmless the City, its officials, officers, employees, and agents from all claims. 11. The successful Respondent shall be required to provide evidence of both General (Public & Property) Liability and Professional (Design Errors and Omissions) Liability Insurance in the form of a certificate of insurance issued on behalf of the City of Ocoee and naming the City as an additional insured, by companies acceptable to the City at the following minimum limits and coverage's with deductible amounts acceptable to the City: INSURANCE TERMS AND CONDITIONS The selected Consultant shall not commence any work in connection with an Agreement until all of the following types of insurance have been obtained and such insurance has been approved by the City, nor shall the Consultant allow any Subconsultant to commence work on a subcontract until all similar insurance required of the Subconsultant has been so obtained and approved. Policies other than Workers' Compensation shall be issued only by companies authorized by subsisting certificates of authority issued to the companies by the Department of Insurance of Florida which maintain a Best's Rating of "A" or better and a Financial Size Category of "VII" or better according to the A.M. Best Company. Policies for Workers' Compensation may be issued by companies authorized as a group self-insurer by F.S. 440.57, Florida Statutes. a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the General Consultant and/or subconsultant providing such insurance. b) Workers' Compensation Insurance: The Consultant shall obtain during the life of this Agreement, Worker's Compensation Insurance with Employer's Liability Limits of $500,000/$500,000/$500,000 for all the Consultant's employees connected with the work of this project and, in the event any work is sublet, the Consultant shall require the subconsultant similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Consultant. Such insurance shall comply fully with the Florida Workers' Compensation Law. In case any class of employees engaged in hazardous work under this contract for the City is not protected under the Workers' Compensation statute, the Consultant shall provide, and cause each subconsultant to provide adequate insurance, satisfactory to the City, for the protection of the Consultant's employees not otherwise protected. Include Waiver of Subrogation in favor of the City ofOcoee. c) Consultant's Public Liability and Property Damage Insurance: The Consultant shall obtain during the life of this Agreement COMMERCIAL AUTOMOBILE COVERAGE, this policy should name the City of Ocoee as an additional insured, and shall protect the Consultant and the City from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise RFQ #0802 - Landscape Architectural 6 from operations under this Agreement whether such operations be by the Consultant or by anyone directly or indirectly employed by the Consultant, and the amounts of such insurance shall be the minimum limits as follows: Automobile Bodily Iniury Liability & Property Damage Liability . $1,000,000 Combined single limit per occurrence (each person, each accident) . All covered automobile will be covered via symbol 1 . Liability coverage will include hired & non-owned automobile liability . Include Waiver of Subrogation in favor of The City of Ocoee Comprehensive General Liability (Occurrence Form) - This policy should name the City of Ocoee as an additional insured and should indicate that the insurance of the Consultant is primary and non-contributory. . $2,000,000 GENERAL AGGREGATE . $2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE . $1,000,000 PER OCCURRENCE . $1,000,000 PERSONAL & ADVERTISING INJURY . Include Waiver of Subrogation in favor of the City of Ocoee Subconsultant's Comprehensive General Liability. Automobile Liability and Worker's Compensation Insurance: The Consultant shall require each subconsultant to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of these subconsultants in the Consultant's policy, as specified above. Owner's Protective Liability Insurance: As applicable for construction projects, providing coverage for the named insured's liability that arises out of operations performed for the named insured by independent consultants and are directly imposed because of the named insured's general supervision of the independent consultant. The Consultant shall procure and furnish an Owner's Protective Liability Insurance Policy with the following limits: $1,000,000, and per occurrence, $2,000,000. Aggregate and naming the City of Ocoee as the Named Insured. Contractual Liability: If the project is not bonded, the Consultant's insurance shall also include contractual liability coverage to insure the fulfillment of the contract. NOTE: PUBLIC LIABILITY INSURANCE AND AUTOMOBILE LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL INSURED, . $1,000,000 PER OCCURRENCE . $2,000,000 AGGREGATE Commercial Umbrella: . $1,000,000 PER OCCURRENCE . $2,000,000 Aggregate . Including Employer's Liability and Contractual Liability RFQ #0802 - Landscape Architectural 7 Builders Risk: · $100,000 Any (1) Location · $1,000,000 Any (1) Occurrence Certificates of Insurance: Certificate of Insurance Form (see sample attached), naming the City of Ocoee as an additional insured will be furnished by the Consultant upon notice of award. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Agent. This certificate shall be dated and show: · The name of the Insured consultant, the specific job by name and job number, the name of the insurer, the number of the policy, its effective date, its termination date. · Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any material changes in provisions or cancellation of the policy, except ten (10) days written notice of cancellation for non-payment of premIUm. (remainder of page left blank intentionally) RFQ #0802 - Landscape Architectural 8 ~. CERTIFICATE OF LIABILITY INSURANCE DATI IMM"ODNYVYl FRAZll-l 11 04 04 THIS CI!IlTlFlCAT1! IS ISSUED /oS A MATTER Dl'INFORMATION ONLY AND CONfERS NQ RIGHTS UPON THE CERTIFICATE IIOUJER. THIS CERTIFICATE DOES HQT AMEND, EXT1!HD OR AlTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I . NAle' ~"oouc.. IlIUIWUI AFFORD'NG COVERAGE INluMO- ia~~::~ tor I. Name INSl..INiR A: All ..n ..tJ.., .... .r aM"," ........... .........'" _D. INSURER E: THE PQlJCliS OJ INSI.JRNoICI LISTED IEl..OW HAVE &EEH lSIUED TO THE iHlUAlO NAMiDJ.IOVE FORTH! POUC'fPEAlOO lHDtCATeO. NOT'WI'THSTANOlNG -.HV ItIQUtAEUlNT. 'fl..... OR CONDmON OF M'f COfrrIllVoCT OR O,.,...p DOCUWEHT WITH MlPECTTO WHICH TWIS C(RTFCA TE MAY III iSSu&O DR. WAY PERTAIN, THe IHSURAACE N"fORDEO IV THE PQlCIES DOClUeeDtEI\flN IS !lUlJECT TO AU. TllE TERNS.I.'IlClUSfONS AND CONOITlOHI OF lSUCt1 PQ1.IClES. AGGREGATE U*MTI SH)WN....V HAVE HEN ,.DUCED 1'1" PAlO Cl..AIMS ..- ~. cw.: Tm! OP-..wfC1 P'OI..CY NU..vt .. ... uwrs _..... UAAJTY ! EACI< ~NCE S 1,000,000 X ~elAl""'_lI'''''TY PMMlSES --, I 50,000__ ClAIMS IIU.DE (!] OCCUR 1ilEDEXf'\MyOllll)lt'1Otl) .5,000 I ';=1 . PfRJONAL &1DI1N,AJR't .1,000,000 I QEHEIW. AOOREGAnE $ ~,OOO,OOO rr..:=rxl.;;n;;1 I'AOCIUCTa~ COM'lOP AGO ~.~,OOO,OOO ~DflOU.l UMP.Jn I COIltIlHEO SINGU LIMIT $1,000.000 r!- """ AUlD (l.l1ICI;lC_1 ~- AU OWNeD AUTOa 8OOl. V INJURY $ I SCHEDUlED AUTO! (....'*"'"1 r- -- I r-!- HIRED AUTOS eoo,"VIfrUJ"'" $ e!- NOJ+<)WNED AIJ'TOS (P..~ --- L- ---.--- ,ItAOPeRTVCAMAGE $ , i (p.- .coo...tl , GNtAQI! UA8lUTY I AUTO ON.'" . EA ACCIl)a(f . -- I R ANY AUTO O~MllW'l .....ce $ AUTO OH\.Y: AGO I I ""eosw....,... ,........... I ! [""" OCCUMENC. 11,000.000 X ;!J OCCUR 0 """"" llAD' fNi~Ti . ~.OOO,OOO I ! R o<OCC""'. I I . _I I , . 1 , , IlfTENTlOH S f- I VlIORK!.AI COWIINUT1l)N .....D I X 1;;;1',"::'::-; I".. u.uJ"tEU"~ EJ... EACH ACCIMPtT ---_._~..----, AHY f"AOPf\JETOR/flARTNEl\'EXKUTM! .500,000 , OfF'~EXCUJDED1 IU.OISlA8I.UIWJlCVEE 1500.000 ~-..=..- 1 E.L DISEASE. POlICY UMIT .500,000 "n... i ! Build.r. Rhl< I 1 I Any 1 Lac 100,<XXl i i Anv 1 Occ 1,000,000 DtJCtIV1lQtrlI 0' ONRATtCHS/l.OCATIONl/VlHICI.UllXCl.lJSOrI.I ADOf.DIY lIC)OMOIIHT IIPICW. IItIlOYIIIOHI Th. in.uranc. .vidanc.d by thi. c.rtifieat. .hall name the c.rtifieata hold.r. a. an additional inaur.d on the a.n.ral Liability . Umbr.lla Liability. Worker.' compen.ation, Bmplcyer.' Liability . a.n.ral Liability .hall contain a Waiver of Subrogation in favor of the certificate holder. The ~.rtilic&t. bolder i. add.d a. a nmrl irBnd fir IlJl.llB::s RI9t. COVERAGES City of oco.. 150 N. Lak..hore Drive 000.. no 347n.~~51 CANCELLATION OCO..Ol SHDU.DNf'fOfT.-A8OY'I OUCIUUD I"OUClU ..CAHCILI..ID lll'OUTl4f lJtJ'IRATlO'" e>>.Tlll4&MOl', 1"Ha III\.IHO ItrlIUlllllll WlU. !NOI.A\IOfl! TO MI'IL ~ DAYS WRITTIJ'l *'"CITOTMl!C~n HCJI.,DIJIN...oTOT"UIJT, IUT Ilt,lL.URl!! TO DO 10 JH,UL IWOII! NO OIUOATIOH Oil UMlUT'l' Of INY toNO UI'Ofril 1m IHSUUR,lTl MENTI OR _AT1\IU. Al.I1'MOMH llDIlII&NT"nw C ERTlFlCAl'E HOLDER ACORD 251200'108) S~PLIF CI ACORD CORPORATION 1181 RFQ #0802 - Landscape Architectural 9 B, BACKGROUND The City intends to award continuing contracts to no fewer than two (2) firms deemed to be the most highly qualified to perform the required services. In determining whether a firm is qualified, the City shall consider such factors as the ability of professional personnel; past performance; familiarity with City Codes; ability to interface effectively with other planning and engineering contractors; willingness to meet time and budget requirements; location; recent, current, and projected workloads of the firms; and the volume of work previously awarded to each firm by the City, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selection of the most highly qualified firms. Firms selected by the City will provide landscape architectural services to the City on an as needed basis, based upon task orders to be issued by the City under the continuing contracts. The contracts shall automatically be renewed annually unless terminated by the City in writing, for a maximum of five years from the date of the execution. C. SCOPE OF SERVICES The scope of work to be performed under task orders issued under the continuing contracts may consist of, but will not necessarily be limited to, tasks similar to the following: Landscape Design . Planting Plans . Hardscape Plans . Irrigation Plans . Streetscape Plans . Decorative Lighting Plans . Amenity Package Plans . Corridor Design Master Plans Park Design . Park Master Plans . Infrastructure Plans . Signage Plans . Pathway Plans . Recreational Facility Plans Landscape Consultation . Florida Friendly Plant Materials . Arbor Preservation . Code Input RFQ #0802 - Landscape Architectural 10 . Engineering Interface . Plant Material Identification . Private Project Review D, SUBMITTALS Qualification Packages shall be designed to portray to the City how the Respondent's range of services can best achieve the anticipated Scope of Services. In order for the City to evaluate the Qualification Packages, each Respondent shall provide information relative to their ability to provide services that will best meet the needs of the City. The required submission materials shall include the following: I, Firm's Qualifications . List of all firm's employees, their qualifications, and their role for the City services. . Firm's and employee's certifications and registration with regulatory agencies, professional organizations, etc. . List firm's sub-consultants, their qualifications, and their role in this project. . List of firm's other current or recently completed similar services within the past five (5) years with other public or private agencies. . List and quantity of firm's (and firm's sub-consultants' if applicable) equipment including CADD Workstations, etc. . List of at least three (3) client references to include organization name, contact person, telephone number (s), and e-mail address. II. Firm's Office Location . List the location of all offices (firm and sub-consultants) involved with this project and approximate distance (in miles) and time (in hours) to City Hall. III, Firm's Financial Information . Tabulation of employee's current (base year) loaded hourly rates and anticipated annual increases and hourly rates. . Tabulation of all other charges and amounts which may appear or would be charged to the City on the firm's invoices such as production charges, travel expenses, etc. The City reserves the right to accept or reject any or all submittals that it may, in its sole discretion, deem umesponsive, or to waive technicalities which best serves the overall interests of the City. Cost of preparation of a response to this RFQ is solely that of the consultant and the City assumes no responsibility for such cost incurred by the consultant. RFQ #0802 - Landscape Architectural 11 Any request to withdraw a Qualification Package must be addressed in writing as above. Such requests must be received by the City prior to the deadline for submission. E. EVALUATION CRITERIA Qualification Packages will be reviewed and evaluated by a Selection Committee and a short-list of qualified firms may be invited to make a formal presentation. The qualification Packages will be reviewed and evaluated in accordance with the following criteria and weighting factors: 1. Overall Experience of the Firm 20% 2. Past Performance and Experience of the Firm 15% 3. Past Performance and Experience with or in the City 15% 4. Past Performance and Experience of the Team Members 15% 5. Ability to Meet Time and Budget Requirements 10% 6. Affect of legal action against the Firm 10% 7. Location of the office and proximity to the City ofOcoee 5% 8. Projected workloads of the Firm 5% 9. Certified Minority Business Enterprise 5% Information supplied by client references may be used in determining the relative merits of a Respondent under any and all of the above-listed criteria. F. SELECTION PROCEDURES & CONTRACT NEGOTIATIONS The criteria for selection shall be based on the criteria listed above, including the firm's qualifications, location, past performance, and reference check. The City reserves the right, before awarding the contract, to require a Respondent to submit such evidence of its qualifications, as the City may deem necessary. The City shall be the sole judge of the competency of Respondents. A City selection committee will evaluate each respondent's qualifications and will short- list and recommend to the City Commission no fewer than two (2) firms (or more as determined by the City) in ranked order of qualifications based upon the selection committee's evaluation of the proposals and any client references. All Respondents shall be notified via electronic or other means of staff s recommended ranking of firms to the City Commission. The City Commission's decision to endorse or modify the ranking by staff shall be final. The City will attempt to negotiate an agreement with the top-ranked Respondent. If no agreement is reached with the top-ranked Respondent, negotiations will be terminated and initiated with the second-ranked Respondent, and so on, until an agreement is reached. The successful Respondent shall be required to execute an agreement which provides, among other things, that all plans, drawings, reports, and specifications that result from RFQ #0802 - Landscape Architectural 12 Respondent's services shall become the property of the City. Upon the successful negotiation of an agreement, a formal contract will be prepared and submitted to the City Commission for approval, and subsequent executed by both parties. G, BID PROTESTS The City's Finance/Purchasing Department will consider Bid Protests seeking contract award, damages, and/or any other relief, Any Bidder seeking to file a Bid Protest SHALL use the following procedures: 1. A bidder SHALL file a written Bid Protest under this Article, or be barred any relief. 2. A Bid Protest: (a) must be in writing (oral protests will NOT be acknowledged); (b) the content of the Bid Protest shall fully state the factual and legal grounds for the protest and the legal basis for the relief requested; and (c) the Bid Protest shall be filed with the Purchasing Agent not later than three (3) calendar days after the posting of the staffs recommended ranking of Respondents to the City Commission. 3. After a Bid Protest has been properly filed with the City, the City, by and through its Purchasing Department shall make a determination on the merits of the protest not later than five (5) business days after receipt of the protest. If the City denies the protest, the City may proceed with award of the Contract unless enjoined by order of a Court of competent jurisdiction, 4. A Bid Protest SHALL be limited to the following grounds: (a) issues arising from the procurement provisions of the Project Manual and/or the Bid Package or Contract Documents; and/or (b) applicable federal, state or local law. No Bid Protest may be based upon questions concerning the design documents. The Bidder shall clarify all such questions concerning the design of the project prior to submitting its bid. END INSTRUCTIONS RFQ #0802 - Landscape Architectural 13 COMPANY INFORMA nON/SIGNA TURE SHEET RFO #0802 F AlLURE TO COMPLY WITH THESE RFQ INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF YOUR QUALIFICATION PACKAGE. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND UNDERSTAND ALL RFQ INSTRUCTIONS, AND THAT YOU UNDERSTAND THAT THE SUCCESSFUL RESPONDENT WILL BE REQUIRED TO ENTER INTO A LEGALLY BINDING CONTRACT WITH THE CITY OF OCOEE. COMP ANY NAME TELEPHONE (INCLUDE AREA CODE) FAX (INCLUDE AREA CODE) E-MAIL ADDRESS AUTHORIZED SIGNATURE (manual) IF REMITTANCE ADDRESS IS DIFFERENT FROM PURCHASE ORDER ADDRESS, PLEASE INDICATE BELOW: NAME/TITLE (PLEASE PRINT) STREET ADDRESS CITY ST A TE ZIP FEDERAL ID # _Individual _Corporation _Partnership _Other (Specify) Sworn to and subscribed before me this day of ,20_. Personally Known or Produced Identification (Type of Identification) Notary Public - State of County of Signature of Notary Public Printed, typed or stamped Commissioned name of Notary Public RFQ #0802 - Landscape Architectural 14