Village of Tequesta Invitation to Bid RFP: PW-1-10 Request for Proposal – Landscape and Irrigation Contract Services for the Tequesta Drive Bridge Landscape Improvements The Village of Tequesta is issuing an Invitation to Bid for LANDSCAPE AND IRRIGATION SERVICES FOR THE TEQUESTA DRIVE BRIDGE LANDSCAPE IMPROVEMENTS. The successful bidder will be required to abide by all requirements of the act as stated in the contract. The Village reserves the right to accept or reject any and all proposals or any part of any proposal and to waive any informality concerning the proposals when such rejection or waiver is deemed to be in the best interest of the Village of Tequesta. The bid requirements contained herein apply to all offers made to the Village of Tequesta by all prospective Proposers and include, but are not limed to, Request for Quotes, Request for Proposals and Invitation to Bid. As such, the words “bid” and “proposal” are interchangeable in reference to all offers submitted by prospective Proposers. 1. PROPOSAL INSTRUCTIONS A. The Proposer is directed to deliver sealed proposals to the Village Clerk, Village of Tequesta, 345 Tequesta Drive, Tequesta, FL 33469 up to 2:00 p.m. opening time on August 16, 2010. Bids will be opened publicly in the Village Manger’s Conference Room and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the Village of Tequesta. Outside of the envelope shall plainly identify bid by: BID NUMBER, TITLE, AND DATE OF BID OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Village Clerk’s Office on or before the closing date and time as shown above. RETURN ONE (1) ORIGINAL AND TWO (2) COPIES OF THE ENTIRE BID PACKET. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract. B. It is the Proposer's responsibility to read and understand the requirements of this solicitation of proposal. Proposers are required to state exactly what they intend to furnish to the Village via this solicitation and must indicate any variances to the terms, conditions and specifications of this proposal, no matter how slight. If variations are not stated in the proposal, it shall be construed that the proposal fully complies with all conditions identified in this proposal. The Proposer shall submit one (1) ORIGINAL and TWO (2) copies of the proposal. The ORIGINAL proposal must be manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the bidding company or firm by his/her signature. All quotations must be typewritten or filled in with pen and ink. Proposals having erasures or corrections must be initialed in ink by the Proposer. C. All prices, terms and conditions quoted in the submitted bid will be firm for acceptance for ninety (90) days from the date of the bid opening unless otherwise stated by the Village. D. Should any interested offeror find any part of the specifications, terms, and Village of Tequesta Invitation to Bid RFP: PW-1-10 Request for Proposal – Landscape and Irrigation Contract Services for the Tequesta Drive Bridge Landscape Improvements conditions to be discrepant, incomplete, or questionable in any respect, it shall be the responsibility of the concerned offeror to call such matters to the attention of the Village immediately upon receipt of the Request for Proposal. E. The full set of project plans and specifications can be obtained, for a cost of $5.00, from the Gentile Holloway O'Mahoney & Associates, Inc. at 1907 Commerce Lane, Suite 101, Jupiter, Florida 33458, or by calling (561) 575-9557. Direct questions to Jason Litterick, ASLA. F. A mandatory pre-bid conference will be held at the Council Chambers at the Village of Tequesta, 345 Tequesta Drive, Tequesta, FL 33469 on August 12, 2010 at 9:00 A.M. .All interested parties are required to attend. 2. PROPOSAL SUBMISSIONS In your proposal, please provide responses to the following: A. Pricing: The Schedule of Unit Prices shall be completed on the forms provided. The price proposed shall include all charges that may be incurred in fulfilling the terms of this contract. B. Proposal Form and Certification: Complete the form enclosed as Exhibit A, and return in the submittal package. Proposals without the manual signature of an authorized agent of the Proposer shall be deemed non-responsive and ineligible for award. 3. SCHEDULE OF EVENTS The Schedule as listed below is the Village’s intended course of action for this project. The Village will follow the schedule to the extent possible; however, the Village reserves the right to change both the sequence and timing if deemed necessary. August 1 & 8, 2010 Advertise bid August 2, 2010 (9:00 A.M.) Distribute bid packages August 12, 2010 (9:00 A.M) Mandatory Pre-Bid Meeting August 12, 2010 (2:00 P.M) Last day of questions to Landscape Architect August 16, 2010 (2:00 P.M.) Deadline for submission/public bid opening August 18, 2010 Evaluation of Bids Complete TBD Council approval of award Village of Tequesta Invitation to Bid RFP: PW-1-10 Request for Proposal – Landscape and Irrigation Contract Services for the Tequesta Drive Bridge Landscape Improvements 4. PUBLIC BID OPENING A. All bids will be publicly opened immediately following the deadline for submission of the proposals. The purpose of the public bid opening is for a reading of bids received. No award will be made or implied at this time. Bid documents will not be reviewed at the bid opening. No discussion of any nature concerning the bid will be entered into at this time. B. A copy of the bid tabulation will be available for review in the Village Clerks office upon completion of the recommended award. C. Bidders who wish to review copies of bids after the Public Bid Opening may do so by contacting the Village Clerk. 5. SITE INSPECTION It is the bidder’s responsibility to become fully informed as to the nature and extent of the work required before submission of the bids. No plea of ignorance by the Proposer concerning conditions that exist will be accepted as the basis for varying the requirements of the Village or the compensation to the Proposer. 6. AGREEMENT The Village anticipates entering into a contract with the Proposer who submits the proposal judged by the Village to be in the best interest of the Village. The Village anticipates awarding one contract, but reserves the right to award more than one if in its best interest. This invitation for bid does not constitute an offer or a contract with the Proposer. A contract shall not exist until approved by the appropriate levels of authority in the Village and properly executed. An Agreement form is attached hereto, and, by reference, made part hereof. The Village anticipates that the final contract will be in substantial conformance with the Sample Contract; nevertheless, Proposers are advised that any contract which may result from the Invitation to Bid may deviate from the Sample Contract. The Contractor awarded this bid must enter into a contract with the Village, similar to the Contract attached. The Invitation to Bid shall be included in and be made a part of the final award. 7. CLARIFICATIONS OF THE PROPOSAL The Proposer shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions or requests concerning clarification or solicitation for additional information shall be directed to the Landscape Architect of Record, Jason Litterick, ASLA of Gentile Holloway O'Mahoney & Village of Tequesta Invitation to Bid RFP: PW-1-10 Request for Proposal – Landscape and Irrigation Contract Services for the Tequesta Drive Bridge Landscape Improvements Associates, Inc. (Jason@landscape-architecs.com) Written responses, as deemed appropriate, will be provided in the form of written addenda. The Village shall not be responsible for oral interpretations given by any Village employee or its representative. The last day for questions to the Landscape Architect shall be August 12, 2010 before 2:00 P.M. 8. WITHDRAWAL OF BID Any Proposer may withdraw its bid not later than the indicated opening date and time. The request for withdrawal must be submitted in writing to the Village Clerk. After the deadline, proposals become a record of the Village and will not be returned to the Proposer. 9. BID PREPARATION EXPENSE The Proposer preparing a bid in response to this proposal shall bear all expenses associated with its preparation. The Proposer shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the Village for the expense of bid preparation and/or presentation. 10. QUALIFICATION OF BIDDERS This bid shall be awarded only to a responsible bidder, qualified to provide the work specified and who can produce evidence that they have established a satisfactory record of performance for a reasonable period of time; and have recorded Payment and Performance bonds as specified in the contract documents, and have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions stated herein. 11. PERFORMANCE Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirement of the bid shall be just cause for the cancellation of the bid award. 12. COLLUSION By affixing its signature to this proposal, the Proposer certifies that its proposal is made without any previous understanding, agreement, or connection with either any previous firms or corporations offering a Bid for the same items, or with the Village. The Proposer also certifies that its bid is in all respects fair and without outside control, collusion, fraud, or otherwise illegal action. Village of Tequesta Invitation to Bid RFP: PW-1-10 Request for Proposal – Landscape and Irrigation Contract Services for the Tequesta Drive Bridge Landscape Improvements 13. COPYRIGHTS OR PATENT RIGHTS The Proposer warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. The seller agrees to hold the Village harmless for all liability, loss or expense occasioned by any such violation. 14. DRUG FREE WORKPLACE In accordance with Florida Statutes, '287.087, preference will be given to businesses with drug free workplace programs; whenever bids are similar in all other respects, and, when a Drug Free Workplace Certification is submitted with the bid. 15. PUBLIC ENTITY CRIME INFORMATION STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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 Section 287.017 ($15,000.00), for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 16. BRAND NAMES Unless otherwise specified, the mention of a particular manufacturer's brand name or number in the specifications does not imply that this particular product is the only one that will be considered for purchase. This reference is intended solely to designate the type or quality of merchandise acceptable. Alternate offers will be considered and must include descriptive literature and/or specifications. Failure to provide descriptive literature and/or specifications with alternate offers may be cause for disqualification of the bid. 17. AVAILABILITY OF FUNDS The obligations of the Village under this Contract are subject to the availability of funds lawfully appropriated for its purposes by the Village. Village of Tequesta Invitation to Bid RFP: PW-1-10 Request for Proposal – Landscape and Irrigation Contract Services for the Tequesta Drive Bridge Landscape Improvements 18. REMEDIES This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. 19. ACCESS AND AUDITS The Contractor shall maintain records on Village projects, in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. Said records will be available to the Village during the Contractor’s normal business hours for a period of two (2) years after the Contractor’s final invoice for examination to the extent required to verify the direct costs (excluding established or standard allowances and taxes) incurred herein. Should such an audit by the City reveal monies owed to the Village, the Contractor shall reimburse the Village for the cost of the audit and pay the principal overcharge amount owed the Village plus interest accrued at the prime interest rate in effect on the date of discovery. Said interest rate shall apply to the principal overcharge amount revealed in the audit for the period from the original payment due date(s) to the payment by the Contractor of all monies owed. 20. BOND REQUIRMENTS A bid bond is not required for this project. The successful bidder will be required to furnish a Performance Bond and Labor and Material Payment Bond in the amount of one hundred percent (100%) of the amount of the contract as awarded. The Performance Bond and Labor and Material Payment Bond shall be submitted upon contract execution by the Contractor. Having satisfied all conditions of the award as set forth elsewhere in these documents, the successful bidder shall, within the period set forth above, furnish such performance and payment bond in the amount of the contract as awarded, as security for faithful performance of the contract, and for the payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment or services for any nature employed or used by him in performing the work. Such bond shall be in a form and from a surety acceptable to the Council, and shall bear the same date, or a date subsequent to the date of the contract. Village of Tequesta Invitation to Bid RFP: PW-1-10 Request for Proposal – Landscape and Irrigation Contract Services for the Tequesta Drive Bridge Landscape Improvements PROJECT FORM & CERTIFICATION Submitted By: Contractor Name:________________________________________________________________ Address: _______________________________________________________________________ Telephone: ____________________ Fax: _________________ Email: _____________________ Type of Business (Corporation, Partnership, Other – Specify): ____________________________ Tax ID number (EIN/SSN): ________________________________________________________ Certification 1. I am a duly authorized agent of the Company/Individual submitting the proposal; 2. I have read the Proposal in its entirety and fully understand and accept these terms unless specific variations have been expressly listed below. 3. My firm, _____________________________________________________, agrees to hold all prices, terms and conditions firm for acceptance for ninety (90) calendar days following the date and time of the bid opening. Variations The Proposer shall identify all variations and exceptions taken to this Request for Proposal in the space provided below unless such variation is expressly prohibited in the RFP documents. If no variations are listed here, it is understood that the Proposer fully complies with the terms and conditions. It is further understood that such variations may be cause for determining that the Proposal is non-responsive and ineligible for award: Section _______________Variance _________________________________________________________ Section _______________ Variance _________________________________________________________ Section_______________ Variance _________________________________________________________ Attach additional sheets as needed. By: _______________________ Date: _____________________ Manual Signature of Agent ________________________ _________________________ Print Agent Name Title of Agent Proposals without the manual signature of an authorized agent of the Proposer shall be deemed non- responsive and ineligible for award. EXHIBIT A
"Sample Request for Landscape Proposal"