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Agenda 01/24/2017 Item #11A01/24/2017 EXECUTIVE SUMMARY Recommendation to award bid number 16-6694, “Heritage Bay Master Pump Station,” to Douglas N. Higgins, Inc., in the amount of $1,681,760 under Master Pump Station Technical Support Project Number 70050. OBJECTIVE: To maintain reliable and sustainable wastewater service by constructing Master Pump Station (MPS) 167.00 in the Heritage Bay PUD. CONSIDERATIONS: The proposed scope of work under Project Number 70050, “Master Pump Station Technical Support,” is consistent with the Capital Improvement Program (CIP) contained in the 2014 Water, Wastewater, Irrigation Quality Water, and Bulk Potable Water Master Plan/CIP Plan approved by the Board of County Commissioners (Board) on November 10, 2015, as Agenda Item 9C, Appendix III of the 2015 AUIR/CIE. Funding is available in, and is consistent with, the FY2017 CIP Budget. The Heritage Bay MPS was originally included in the 2008 Wastewater Master Plan. As growth decelerated shortly thereafter, implementation was deferred until now. The project includes the construction of a new wastewater master pump station near the intersection of Immokalee Road and CR‐951. The site is located approximately 800 feet north of the intersection within a 7.7 acre tract of land owned by Collier County as shown in Attachment 1. The site is adjacent to the newly constructed NCH Healthcare Northeast facility. Coordination with NCH Healthcare was performed for the planning and design of the Heritage Bay MPS site. This MPS will serve as a wastewater booster pump station for the Heritage Bay PUD, current and future developments along CR-951, and from east of CR‐951 along Immokalee Road. The initial design for the MPS will be to pump wastewater west to existing master pump stations then to the North County Water Reclamation Facility. The Heritage Bay MPS will also provide the flexibility to pump wastewater to a future water reclamation facility located in the northeast. This project benefits approximately 14,000 current customers by increasing the capacity and reliability of the wastewater pumping system. Future customers in the current and future service areas are also benefited by development of the site and construction of the MPS. PROCUREMENT ACTION: On September 27, 2016, the Procurement Services Division released notices of Invitation to Bid No. 16-6694 to 1,669 vendors for the construction of Heritage Bay Master Pump Station. Ninety-Six (96) solicitation packages were downloaded, and five (5) bids were received on November 2, 2016, as shown below and on the attached Bid tabulation. The bids are summarized below. VENDOR PROJECT COST Douglas N. Higgins $1,681,760.00 Quality Enterprises $1,745,000.00 Mitchell & Stark $2,065,000.00 Jafer Construction $2,204,820.00 Haskins Inc. $2,216,425.00 Staff and the lead project design engineer, Stantec, determined that the lowest bid is fair and reasonable, and recommend awarding the contract to Douglas N. Higgins, Inc. The bid is approximately 13 percent below the design engineer’s $1,927,876 opinion of cost. The bid tabulation, analysis chart, engineer’s letter of recommendation, and construction agreement are Attachments 2, 3, 4 and 5, respectively. The bid specifications informed the bidders that there may be unforeseen conditions associated with the project. The bid amount incorporates an allowance of $100,000 for owner-directed additional work including, 11.A Packet Pg. 359 01/24/2017 but not limited to, unforeseen geologic conditions, and existing below ground utility conditions and locations. The price for any additional work will be negotiated prior to commencement in accordance with the county’s Procurement Ordinance and the terms of the agreement. FISCAL IMPACT: Funding is available in, and is consistent with, the FY2017 Capital Budget approved by the Board on September 22, 2016. The source of funding is the Wastewater User Fee Fund (414). Using today’s dollars, the total cost to replace the equipment at the station is $1,681,760, with a life expectancy of 20 years for a new pump station generating an approximate annualized capital cost of $84,000. The operating budget impact of the completed project is reflected in the table below. The funding source will be user fees. Elements FY2017 FY2018* Cumulative FY2018 - FY2038 Operating and Maintenance $24,800 $496,000 Capital Outlay $ 1,681,760 Total Operating Costs $24,800 $496,000 Cost Savings - - Net Operating Effect $24,800 496,000 Operating costs reflect an estimate of the additional funds needed in the annual operating budget for each fiscal year. The net result is a $24,800 estimated annual increase in operating costs. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.-SRT. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water-Sewer District, awards bid number 16-6694 to Douglas N. Higgins, Inc., in the amount of $1,681,760 for the “Heritage Bay Master Pump Station”; and, authorizes the Chair to sign the attached agreement. Prepared By: Wayne M. Karlovich, Senior Project Manager, Public Utilities Engineering and Project Management Division ATTACHMENT(S) 1. Attachment 1 - Site Location Map (PDF) 2. Attachment 2 - 16-6694 Bid Tabulation (PDF) 3. Attachment 3 - EPMD Bid Analysis (PDF) 4. Attachment 4 - Engineer's Recommendation Letter (PDF) 5. [Linked] Attachment 5 - 16-6694 Higgins_Contract CAO (PDF) 11.A Packet Pg. 360 01/24/2017 COLLIER COUNTY Board of County Commissioners Item Number: 11.A Item Summary: Recommendation to award bid number 16-6694, “Heritage Bay Master Pump Station,” to Douglas N. Higgins, Inc., in the amount of $1,681,760 under Master Pump Station Technical Support Project Number 70050. (George Yilmaz, Public Utilities Department Head) Meeting Date: 01/24/2017 Prepared by: Title: Project Manager, Senior – Public Utilities Planning and Project Management Name: Wayne Karlovich 12/29/2016 1:14 PM Submitted by: Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management Name: Tom Chmelik 12/29/2016 1:14 PM Approved By: Review: Wastewater Steve Nagy Additional Reviewer Completed 12/29/2016 9:43 PM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 12/30/2016 3:30 PM Wastewater Beth Johnssen Additional Reviewer Completed 01/03/2017 12:57 PM Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 01/03/2017 3:16 PM Public Utilities Planning and Project Management Craig Pajer Additional Reviewer Completed 01/03/2017 3:19 PM Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 01/04/2017 10:13 AM Public Utilities Department Heather Bustos Level 1 Division Reviewer Completed 01/04/2017 3:40 PM Procurement Services Sandra Herrera Additional Reviewer Completed 01/06/2017 5:06 PM Procurement Services Swainson Hall Additional Reviewer Completed 01/09/2017 1:46 PM Procurement Services Ted Coyman Additional Reviewer Completed 01/10/2017 8:24 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 01/11/2017 1:42 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 01/11/2017 2:10 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/11/2017 4:07 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/12/2017 4:00 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 01/13/2017 6:09 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/16/2017 9:57 AM Board of County Commissioners MaryJo Brock Meeting Pending 01/24/2017 9:00 AM 11.A Packet Pg. 361 Heritage Master Pump StaƟon Heritage Bay Commons Tract G AƩachment 1 ‐ LocaƟon Map Heritage Bay Master Pump StaƟon Public UƟliƟes Department Engineering & Project Management Division NCH Healthcare 11.A.1 Packet Pg. 362 Attachment: Attachment 1 - Site Location Map (2513 : Heritage Bay Master Pump Station Construction Contract) Project Manager: Wayne Karlovich Notifications Sent: 1669 Procurement Strategist: Swainson Hall Downloaded: 96 Submittals: 5 BID ITEM Basis of Payment 1 Lump Sum 2 Electrical Service Allowance T&M 3 T&M 4 T&M E Verify Florida Division of Corporations Material Manufacturers List of Major Subcontractors Statement of Experience Trench Safety Act Substitute W-9 Bid Bond Bidders Check List Insurance Certificate Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Opened By: Swainson Hall, Procurement Strategist Witnessed By: Kristofer Lopez, Procurement Strategist Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 2,204,820.00$ Haskins Inc. 2,061,425.00$ 15,000.00$ 40,000.00$ 100,000.00$ 2,216,425.00$ Jafer Construction Corp. 2,049,820.00$ 15,000.00$ 40,000.00$ 100,000.00$ 1,745,000.00$ Mitchell & Stark Construction 1,910,000.00$ 15,000.00$ 40,000.00$ 100,000.00$ 2,065,000.00$ Quality Enterprises USA, Inc. 1,590,000.00$ 15,000.00$ 40,000.00$ 100,000.00$ Bid Tabulation Collier County, Florida 16-6694 Heritage Bay Master Pump Station Collier County Public Utilities Department PPMD Project # 70050.6 Access Management Allowance TOTAL BID PRICE (TOTAL OF BID ITEMS 1, 2, 3 AND 4) DESCRIPTION Construct Heritage Bay Master Pumping Station Owner Directed Allowance 1,681,760.00$ Douglas N. Higgins, Inc. 1,526,760.00$ 15,000.00$ 40,000.00$ 100,000.00$ 11.A.2 Packet Pg. 363 Attachment: Attachment 2 - 16-6694 Bid Tabulation (2513 : Heritage Bay Master Pump Station $0.00 $500,000.00 $1,000,000.00 $1,500,000.00 $2,000,000.00 $2,500,000.00 Eng Est D.N. Higgins Quality Enterprises Mitchell & Stark Jafer Construction Haskins Bid Results of ITB 16-6694 (Heritage Bay Master Pump Station) KEY: Dashed Green- AVERAGE BID Dashed black- +/-1 std dev of avg bid Dotted red- +/-20% of eng estimate for horizontal construction 11.A.3 Packet Pg. 364 Attachment: Attachment 3 - EPMD Bid Analysis [Revision 1] (2513 : Heritage Bay Master Pump Station 11.A.4 Packet Pg. 365 Attachment: Attachment 4 - Engineer's Recommendation Letter (2513 : Heritage Bay Master Pump Station Construction Contract) 1 Construction Services Agreement for Public Utilities: Revised 06132016 Heritage Bay Master Pump Station COLLIER COUNTY BID NO. 16-6694 COLLIER COUNTY, FLORIDA Swainson Hall, Procurement Strategist Email: swainsonhall@colliergov.net Telephone: (239) 252 - 8935 FAX: (239) 252 - 6334 Design Professional: Stantec 2 Construction Services Agreement for Public Utilities: Revised 06132016 TABLE OF CONTENTS PUBLIC NOTICE ....................................................................................................................... 3 PART B - INSTRUCTIONS TO BIDDERS ................................................................................. 5 CONSTRUCTION BID ..............................................................................................................12 BID SCHEDULE .......................................................................................................................13 MATERIAL MANUFACTURERS ..............................................................................................14 LIST OF MAJOR SUBCONTRACTORS ..................................................................................15 STATEMENT OF EXPERIENCE OF BIDDER ..........................................................................16 TRENCH SAFETY ACT ............................................................................................................17 IMMIGRATION LAW AFFIDAVIT CERTIFICATION .................................................................18 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W – 9 .....................................................19 BID BOND ................................................................................................................................23 BIDDERS CHECK LIST ...........................................................................................................25 CONSTRUCTION AGREEMENT..............................................................................................26 EXHIBIT A: PUBLIC PAYMENT BOND ...................................................................................33 EXHIBIT A: PUBLIC PERFORMANCE BOND .........................................................................36 EXHIBIT B: INSURANCE REQUIREMENTS............................................................................39 INSURANCE AND BONDING REQUIREMENTS .....................................................................41 EXHIBIT C:RELEASE AND AFFIDAVIT FORM .......................................................................43 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT .....................................45 EXHIBIT E: CHANGE ORDER .................................................................................................46 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION ...............................................47 EXHIBIT G: FINAL PAYMENT CHECKLIST ............................................................................49 EXHIBIT H: GENERAL TERMS AND CONDITIONS ................................................................51 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ......................................................80 EXHIBIT J: TECHNICAL SPECIFICATIONS ...........................................................................81 EXHIBIT K: PERMITS ..............................................................................................................82 EXHIBIT L: STANDARD DETAILS ..........................................................................................83 EXHIBIT M: PLANS AND SPECIFICATIONS ..........................................................................84 EXHIBIT N: CONTRACTOR’S KEY PERSONNEL ASSIGNED TO THE PROJECT ...............85 3 Construction Services Agreement for Public Utilities: Revised 06132016 PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Heritage Bay Master Pump Station COUNTY BID NO. 16-6694 Separate sealed bids for the construction of Heritage Bay Master Pump Station, addressed to Ms. Allison Kearns, Interim Director, Procurement Services Division, will be received at the Collier County Government, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112, until 3:00 P.M. LOCAL TIME, on the 31st day of October 2016, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non-mandatory pre-bid conference shall be held at the Procurement Services Division, Conference Room A, at 10 a.m. LOCAL TIME on the 12th day of October 2016, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. All Bidders shall submit all questions via the OnLine Bidding System located at colliergov.net\bid. All questions will be answered in the OnLine Bidding System. The Engineer’s Estimate for this project is $1,900,000.00 Dollars. Sealed envelopes containing bids shall be marked or endorsed, "Bid for Collier County Government, Collier County, Heritage Bay Master Pump Station Bid No. 16-6694 and Bid Date of October 31, 2016". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Procurement Services Division website may not be accurate or current. Each bid shall be accompanied by a certified or cashier’s check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either be executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. 4 Construction Services Agreement for Public Utilities: Revised 06132016 Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within Three Hundred and Sixty Five (365) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 27th day of September 2016 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Allison Kearns Interim Director, Procurement Services Division 5 Construction Services Agreement for Public Utilities: Revised 06132016 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner’s discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner’s discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages 12 - 25 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Government, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. 6 Construction Services Agreement for Public Utilities: Revised 06132016 Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashier’s check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred and twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred and twenty (120) days from opening, unless otherwise agreed by the Procurement Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 7 Construction Services Agreement for Public Utilities: Revised 06132016 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Procurement Services Division, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. In instances where the Owner has deemed the pre-bid to be mandatory, the Bidder's failure to attend the pre-bid conference shall result in the rejection of his bid. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; 8 Construction Services Agreement for Public Utilities: Revised 06132016 b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. 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 these Bidding Documents 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 Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. 9 Construction Services Agreement for Public Utilities: Revised 06132016 11.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with Owner’s then current Procurement Ordinance. 12.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a procurement professional of the Owner’s Procurement Services Division or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Procurement Services Division generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and 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, said protest to strictly comply with Owner’s then current Procurement Ordinance. A copy of the Procurement Ordinance is available at http://www.colliergov.net/Index.aspx?page=762. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 12.5 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 12.6 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may 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. 10 Construction Services Agreement for Public Utilities: Revised 06132016 Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner’s policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as “The Public Bid Disclosure Act”, Collier County will pay the Contractor for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. Owner will not be obligated to pay for any permits obtained by Subcontractors. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be “qualified” as defined in Collier County Ordinance 2013.69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor’s disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are “qualified.” 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not “qualified” or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, 11 Construction Services Agreement for Public Utilities: Revised 06132016 the Successful Bidder shall identify, subject to Owner’s review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner’s prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 17. 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 response. 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 solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor’s response, with the exception of the Procurement 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. Section 18. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "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 from the date of being placed on the convicted vendor list.”