Okaloosa County BOCC — April 1, 2014 — DAG Plans — reading text

The design services required for the completion of the work constitute a work for hire. All rights to intellectual property in any documents, drawings, specifications and electronic data generated in the course of providing such service are the property of the Owner. The Owner agrees that drawings, specifications, and electronic data shall be not used for any other project but shall be available for use by the Owner for future additions, alterations and remodeling to any structure thai is subject to this project. The Design Firm and other providers of professional services shall be permitted to retain copies of the drawings, specifications and electronic data for informational purposes and reference in connection with the Owner's use and occupancy of the project. The Design Firm shall not use the drawings, specifications or electronic data for any other projects, except by Owner's prior written approval. The Design Firm and other providers of professional services on this project shall not be held liable for any changes or modifications to the drawings and specifications made by the Owner after termination of this agreement. Page 3 After successful completion of this agreement, the Owner shall retain possession of the drawings and specifications as provided herein and shall be entitled to use of the drawings, specifications, and electronic data furnished by the Design Firm without the written permission of the Design Firm. EVALUATION/SELECTION OF PROPOSALS - A Selection Review Committee appointed by the Board of County Commissioners will evaluate all proposals received and: 1. Prepare an alphabetical listing of those proposers determined to be interested and available. Evaluate the proposals meeting minimum submission criteria based upon qualifications and conduct discussions with those firms deemed to be the most highly qualified to provide the services required. Each of the firms will be required to execute the Truth-In-Negotiation certificate as defined in Florida Statutes 287.055, Selection as best qualified will be based on the following considerations: a. Responsiveness of the proposal clearly stating an understanding of the work to be performed for the County. Firm's reputation and competence, including technical education and training, experience in similar type projects, availability of adequate personnel, equipment and facilities and the extent of repeat business of the firm. Current workload. Financial responsibility. Ability to observe and advise whether plans and specifications are being complied with. Past record of professional accomplishments. Previous experience with Okaloosa County Board of County Commissioners. Familiarity with the proposed project area. Qualifications of personnel assigned to the program. Experience with programs similar in size and scope to those herein proposed. Firm’s capability to meet schedules. Willingness to meet time and budget requirements. Geographic location of the firm, including permanent office of staff and project management team. 2, Review of all proposals received will proceed as follows: a. The Selection Committee will review all written documents submitted. Page 4 b. The committee’s ranking of prospective firms shall be based on the firm's capabilities, ability, and adequacy of personnel, past record, recent experience, current workload and location of the firm or individual as provided in the submittal. c. The Selection Committee may call for presentations by the top ranks firms. 3. Negotiations between the Selection Committee, or the Committee Designee, and the priority proposers (the proposers ranked highest on the Board approved ranking list) that will proceed as follows: a. Negotiations will be held with the highest ranked proposer. b. Ifno agreement can be reached with the highest ranked proposer, then negotiations will commence with the 2n¢ highest ranked proposer. c. If no agreement can be reached with the 2°¢ highest ranked proposer, then negotiations will commence with the 3 highest ranked proposer. d. If no agreement is reached with the 3'¢ highest ranked proposer, then the Committee shail return to the Board to report such and recommend that a new ranking list be established from among the other proposals submitted. If for any reason, said procedure is not feasible, the Committee shall seek direction from the Board as to how to proceed further. 4. Presentation of the agreements by the Selection Committee to the Board for approval. The Executive Summary shall inform the Board as to the terms, conditions, and costs associated with the contracts. 5. Upon approval of the agreement by the Board, execution of a formal written agreement prior to commencement of the work associated with the contract. 6. Direct contact one-on-one with the Committee members or the Board of County Commissioners is not allowed. Selection will be on the basis of professional qualifications and expetience. Failure to comply with this requirement can result in disqualification. a. The Selection Review Committee will evaluate and rank all proposals meeting the minimum submission requirements and enter into formal negotiations with said firms. Firms will be notified of dates and times of any interviews. PROPOSAL OPENING — Names of firms that submit a qualifications proposal on or before the dealing specified herein shall be available to the public once the submittal deadline has passed, It is the proposer’s responsibility to assure that his proposal is delivered at the proper time and place. Offers by telegram, facsimile or telephone are NOT acceptable. Note: Crestview, Florida is “not a next day guaranteed delivery location” by delivery services. Page § SPECIAL CONDITIONS Applicable Laws and Regulations - The proposers attention is directed to the fact that all applicable state laws, county municipal ordinances, orders, rules and regulations of all authorities having jurisdiction over project shall apply to the proposal throughout, and they will be deemed to be included in the contract the same as though they are written out in full herein. Special attention shall be applied to ensure that the building and alll modifications to it are compliant with the current ADA codes. Review of Job Site — for technical information or to see the project site, contact Don Tumer, County Facility Maintenance Office, 850-689-5791; 8:00 a.m. - 4:00 p.m., Monday — Friday. Proposal Information - Questions concerning proposal requirements or specifications should be directed to Zan Fedorak at the Okaloosa County Purchasing Department, 602-C North Pearl Street, Crestview, Florida 32536, at 850-689-5960. Any changes by the County to specifications shall be in writing in the form of an addendum and furnished to all proposers. Verbal information obtained otherwise will not be considered in awarding of the proposal. Right to Waive and Reject A. The Board, in its absolute discretion, may reject any proposal of a proposer that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Services Manager to emphasize this condition to potential proposers, B. There is no obligation on the part of the County to award the proposal to the lowest proposer, and the County reserves the right to award the proposal to proposer submitting a responsive proposal with a resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa county, and to reject any and all proposals or to waive any irregularity or technicality in proposals received. Okaloosa County shall be the sole judge of the propesal and the resulting negotiated agreement that is in its best interest and its decision shall be final. ion The Board of County Commissioners reserves the right to waive any informalities or reject any and all proposals, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this proposal and to accept the proposal that in its judgment will best serve the interest of the County. D. The Board of County Commissioners specifically reserves the right to reject any conditional proposal and will normally reject those that made it impossible to determine the true amount of the proposal. Disqualification of Proposers - Any of the following reasons may be considered as sufficient for the disqualification of a proposer and the rejection of his proposal or proposals: Page 6 10. 11. A. More than one proposal for the same work from an individual, firm or corporation under the same or different name. B. Evidence that the proposer has a financial interest in the firm of another proposer for the same work. Cc, Evidence of collusion among proposers, Participants in such collusion will receive no recognition as proposers for any future work of the County until such participant shall have been reinstated as a qualified proposer. D. Uncompleted work that in the judgment of the County might hinder or prevent the prompt completion of additional work if awarded. E. Failure to pay or satisfactorily settle all bills due for labor and material on former contracts in force at the time of advertisement of proposals. F Default under previous contract. G. The Board, in its aosolute discretion, may reject any proposal of a proposer that has failed, in the opinion of the Board, to compiete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential proposers. Conditional and Incomplete Proposals - The Board of County Commissioners specifically reserves the right to reject any conditional proposal and will normally reject those that make it impossible to determine the true amount of the proposal. Investigation of Proposer - The owner may make such investigations as he deems necessary to determine the stability of the Proposer to perform the work and that there is no conflict of interest as it relates to the project. The proposer shall furnish to the owner any additional information and financial data for the purpose as the owner may request. The data shall include a detailed and up-to-date list of plant equipment and materials which proposer proposes to use, indicating which portions he already possesses and a detailed description of the method and program or work to be done. Preparation of Proposals - Proposals must be submitted upon the prescribed forms provided herein. All blank spaces must be filled in as noted in ink or typed in both words and numbers with the amounts extended and totaled. No changes shall be made in phraseology of the form or in the items mentioned therein. In case of any discrepancy between the written amount and the figures, the written amounts shall govern. Any proposal may be rejected which contains any omissions, erasures, alterations, additions, iregularities of any kind, or items not called for or which shall in any manner fail to conform to the conditions of published notice inviting proposals. Indemnification & Hold Harmless - To the fullest extent permitted by law, Contractor shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Contractor and other persons employed or utilized by the Contractor in the performance of this contract. Page 7 12. 13. 14, 15. Note: For proposer's convenience, this certification form is enclosed and is made a part of the proposal package. Conflict of Interest - The award hereunder is