Agenda 02/14/2017 Item #16D702/14/2017
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid (ITB) 16-6683, for ADA related Bus Stop
Improvements to Jafer Construction, Corp for an estimated $275,690 and authorize the Chairman
to sign the agreement.
OBJECTIVE: To complete Americans with Disabilities Act (ADA) bus stop improvements along the
state highway system.
CONSIDERATIONS: The State of Florida Department of Transportation (FDOT) has taken on several
initiatives to improve the provision of public transportation specifically as it relates to the ADA for
accessibility and compliance improvements at bus stops. Grant funding was awarded to Collier County to
make such improvements and staff initiated the procurement process to solicit contractors for the
construction of identified needed improvements.
Staff released Invitation to Bid No. 16-6683 “Bus Stop Improvements” on August 29, 2016.
Notifications were sent to 1,966 firms, and 52 packages were downloaded. The county received the
following two (2) bids by the September 28, 2016, closing date:
VENDOR VENDOR LOCATION PROJECT COST
Jafer Construction, Corp 1031 Ives Dairy Rd, Miami, FL 33179 $275,690.00 Base $363,820.00
Base w/Alternates
Coastal Concrete Products, LLC 7742 Alico Rd, Fort Myers, FL 33912 $548,000.00 Base $824,500.00
Base w/Alternates
Staff determined that the low bidder, Jafer Construction Corporation, is a responsible and responsive
bidder and recommends awarding it the base bid and bid alternates. Because this is a grant funded
solicitation, the use of the local vendor preference is not applicable.
The proposed contract will result in the improvement of up to 35 of the 50 Collier Area Transit (CAT)
bus stop sites as recommended in the ADA Transition Plan adopted by the Collier County Board of
County Commissioners on November 18, 2014.
The base bid is approximately 33 percent above the project design engineer’s, CH2MHill, estimated cost.
The difference is attributed to the current bidding environment coupled with the fact that the overall
project is spread over numerous sites requiring nighttime work and lane closures. The cost of concrete
has increased from the time of the estimate to the time the bids were received.
FISCAL IMPACT: The base bid estimated amount for the improvements to 35 sites is $275,690, which
will be funded by the State Discretionary Transit Service Development Grant in Fund 424, Project 33244,
and a local match in Fund 425, Project 33244 totaling $261,299.00. The balance remaining of $14,391
will be funded within the existing budget in CAT Fund 426 supported by the annual General Fund (001)
transfer.
The bus stop improvements are expected to have estimated useful lives of 30 years. Little to no repair and
maintenance is expected to be required.
16.D.7
Packet Pg. 702
02/14/2017
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 awards Invitation to Bid 16-6683 to
Jafer Construction, Corp, in the amount of $275,690.00 for the “Bus Stop Improvements” and, authorizes
the Chair to sign all required documents.
Prepared By: Bryan Vehovec, Project Manager, Public Transit & Neighborhood Enhancement
ATTACHMENT(S)
1. 16-6683 Tab_Sheet (PDF)
2. Engineers Recommendation (PDF)
3. [Linked] 16-6683 Bus Stop Improvements CAO approved 1 25 2017 (PDF)
16.D.7
Packet Pg. 703
02/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.7
Item Summary: Recommendation to award Invitation to Bid (ITB) 16-6683, for ADA related Bus
Stop Improvements to Jafer Construction, Corp for an estimated $275,690 and authorize the Chairman to
sign the agreement.
Meeting Date: 02/14/2017
Prepared by:
Title: Planner, Senior – Public Transit & Neighborhood Enhancement
Name: Omar Deleon
01/04/2017 2:07 PM
Submitted by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
01/04/2017 2:07 PM
Approved By:
Review:
Procurement Services Brenda Brilhart Additional Reviewer Completed 01/31/2017 10:49 AM
Procurement Services Ted Coyman Additional Reviewer Completed 01/31/2017 11:03 AM
Public Transit & Neighborhood Enhancement Michelle Arnold Additional Reviewer Completed 01/31/2017 4:57 PM
Public Transit & Neighborhood Enhancement Caroline Soto Additional Reviewer Completed 01/31/2017 5:00 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 01/31/2017 8:42 PM
Public Services Department Joshua Hammond Additional Reviewer Completed 02/01/2017 6:58 AM
Public Services Department Hailey Margarita Alonso Additional Reviewer Skipped 02/01/2017 8:27 AM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 02/01/2017 8:27 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 02/01/2017 8:46 AM
Grants Kimberly Lingar Level 2 Grants Review Completed 02/01/2017 9:04 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 02/01/2017 11:04 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/01/2017 12:48 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/01/2017 1:59 PM
Grants Therese Stanley Additional Reviewer Completed 02/07/2017 4:39 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/07/2017 4:46 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/14/2017 9:00 AM
16.D.7
Packet Pg. 704
PM: Bryan Vehovec
PS: Brenda Brilhart
ITB 16-6683 Bus Stop Improvements Notifications Sent:1966
Downloaded: 52
Submitted: 2
Jafer Construction, Corp.
Miami
Coastal Concrete Products, LLC
dba Coastal Site Development
Ft. Myers
Item No.QTY Unit Item Description Total Total
1 Site ID 6 1 LS ADA SITE IMPROVEMENTS COMPLETE $8,800.00 $12,000.00
2 Site ID 9 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,400.00 $10,000.00
3 Site ID 15 1 LS ADA SITE IMPROVEMENTS COMPLETE $7,900.00 $15,000.00
4 Site ID 16 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,450.00 $9,000.00
5 Site ID 17 1 LS ADA SITE IMPROVEMENTS COMPLETE $2,800.00 $11,000.00
6 Site ID 20 1 LS ADA SITE IMPROVEMENTS COMPLETE $2,450.00 $10,500.00
7 Site ID 26 1 LS ADA SITE IMPROVEMENTS COMPLETE $2,650.00 $8,500.00
8 Site ID 33 1 LS ADA SITE IMPROVEMENTS COMPLETE $10,500.00 $14,000.00
9 Site ID 34 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,500.00 $11,500.00
10 Site ID 36 1 LS ADA SITE IMPROVEMENTS COMPLETE $2,600.00 $10,500.00
11 Site ID 42 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,480.00 $11,500.00
12 Site ID 43 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,500.00 $12,500.00
13 Site ID 44 1 LS ADA SITE IMPROVEMENTS COMPLETE $11,800.00 $18,500.00
14 Site ID 45 1 LS ADA SITE IMPROVEMENTS COMPLETE $6,850.00 $13,500.00
15 Site ID 46 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,500.00 $11,500.00
16 Site ID 52 1 LS ADA SITE IMPROVEMENTS COMPLETE $6,350.00 $13,500.00
17 Site ID 54 1 LS ADA SITE IMPROVEMENTS COMPLETE $2,450.00 $10,500.00
18 Site ID 60 1 LS ADA SITE IMPROVEMENTS COMPLETE $4,800.00 $14,500.00
19 Site ID 61 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,410.00 $13,000.00
20 Site ID 120 1 LS ADA SITE IMPROVEMENTS COMPLETE $9,700.00 $17,500.00
21 Site ID 136 1 LS ADA SITE IMPROVEMENTS COMPLETE $22,900.00 $27,500.00
22 Site ID 139 1 LS ADA SITE IMPROVEMENTS COMPLETE $9,400.00 $14,500.00
23 Site ID 146 1 LS ADA SITE IMPROVEMENTS COMPLETE $11,700.00 $17,000.00
24 Site ID 219 1 LS ADA SITE IMPROVEMENTS COMPLETE $8,700.00 $14,500.00
25 Site ID 238 1 LS ADA SITE IMPROVEMENTS COMPLETE $8,500.00 $18,000.00
26 Site ID 239 1 LS ADA SITE IMPROVEMENTS COMPLETE $14,000.00 $26,000.00
27 Site ID 240 1 LS ADA SITE IMPROVEMENTS COMPLETE $19,300.00 $32,000.00
28 Site ID 247 1 LS ADA SITE IMPROVEMENTS COMPLETE $8,100.00 $16,500.00
29 Site ID 248 1 LS ADA SITE IMPROVEMENTS COMPLETE $8,300.00 $13,500.00
30 Site ID 272 1 LS ADA SITE IMPROVEMENTS COMPLETE $6,100.00 $15,000.00
31 Site ID 300 1 LS ADA SITE IMPROVEMENTS COMPLETE $2,500.00 $11,000.00
32 Site ID 325 1 LS ADA SITE IMPROVEMENTS COMPLETE $7,750.00 $15,000.00
33 Site ID 438 1 LS ADA SITE IMPROVEMENTS COMPLETE $16,750.00 $26,000.00
34 Site ID 508 1 LS ADA SITE IMPROVEMENTS COMPLETE $12,000.00 $15,000.00
35 Site ID 522 1 LS ADA SITE IMPROVEMENTS COMPLETE $4,800.00 $13,000.00
Allowance
ALLOWANCE FOR CONCRETE, SITE GRADING, SIGNING AND
MARKING, CLEARING AND GRUBBING, UTILITIES, SITE
SAFETY, SOD
$25,000.00 $25,000.00
$275,690.00 $548,000.00
36 Site ID 2 1 LS ADA SITE IMPROVEMENTS COMPLETE 7,600.00$ 16,000.00$
37 Site ID 3 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,250.00 $11,000.00
38 Site ID 5 1 LS ADA SITE IMPROVEMENTS COMPLETE $7,000.00 $15,000.00
LS
*Note: Bid shall be provided as Lump Sum per Site.
Bid Alternates (one or multiple sites may be chosen dependent upon budget)
TOTAL PROJECT BASE BID
16.D.7.a
Packet Pg. 705 Attachment: 16-6683 Tab_Sheet (2553 : ITB 16-6683 Bus Stop Improvements)
PM: Bryan Vehovec
PS: Brenda Brilhart
ITB 16-6683 Bus Stop Improvements Notifications Sent:1966
Downloaded: 52
Submitted: 2
Jafer Construction, Corp.
Miami
Coastal Concrete Products, LLC
dba Coastal Site Development
Ft. Myers
Item No.QTY Unit Item Description Total Total
*Note: Bid shall be provided as Lump Sum per Site.
39 Site ID 11 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,350.00 $13,000.00
40 Site ID 12 1 LS ADA SITE IMPROVEMENTS COMPLETE $4,250.00 $13,000.00
41 Site ID 13 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,300.00 $12,000.00
42 Site ID 55 1 LS ADA SITE IMPROVEMENTS COMPLETE $10,900.00 $17,000.00
43 Site ID 56 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,250.00 $12,000.00
44 Site ID 57 1 LS ADA SITE IMPROVEMENTS COMPLETE $2,380.00 $14,000.00
45 Site ID 58 1 LS ADA SITE IMPROVEMENTS COMPLETE $9,800.00 $16,500.00
46 Site ID 59 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,450.00 $13,000.00
47 Site ID 63 1 LS ADA SITE IMPROVEMENTS COMPLETE $4,950.00 $15,000.00
48 Site ID 121 1 LS ADA SITE IMPROVEMENTS COMPLETE $2,500.00 $11,000.00
49 Site ID 122 1 LS ADA SITE IMPROVEMENTS COMPLETE $5,600.00 $12,000.00
50 Site ID 160 1 LS ADA SITE IMPROVEMENTS COMPLETE $1,550.00 $11,000.00
51 CC-123 5 EA ASSEMBLE/INSTALL BUS SHELTER & AMENITIES 25,000.00$ 75,000.00$
$363,820.00 $824,500.00
Solicitation Forms:
Y Y
Y Y
Y Y
Y Y
Y Y
Y Y
Y Y
Y Y
Y Y
N Y
Grant Forms:
Y Y
Y Y
Y Y
Y Y
Y Y
Y Y
Y Y
Y Y
Opened by: Brenda Brilhart 9/28/16
Witnessed by: Lissett De La Rosa 9/28/16
Bid Alternate
TOTAL PROJECT BASE BID + ALTERNATES
Material Manufacturers
List of Major Subcontractors
Statement of Experience of Bidder
Trench Safety Act
Immigration Law Affidavit
E-Verify Profile Page or MOU
Substitute W-9
Bid Bond
Bidders Check List
Insurance and Bonding Form
Bid Opportunity List
Acknowledgement of Terms
Conflict of Interest
Cert. Regarding Drug-Free
Buy America Certification
Disclosure of Lobbying Activities
Certification Regarding Lobbying
Anticipated Disadvantaged Minority
16.D.7.a
Packet Pg. 706 Attachment: 16-6683 Tab_Sheet (2553 : ITB 16-6683 Bus Stop Improvements)
16.D.7.b
Packet Pg. 707 Attachment: Engineers Recommendation (2553 : ITB 16-6683 Bus Stop Improvements)
16-6683 Bus Stop Improvements 1
Construction Services Agreement for Grant Funded Projects: 06132016
GRANT FUNDED
JPA #432836-1
Bus Stop Improvements
COLLIER COUNTY BID NO. 16-6683
COLLIER COUNTY, FLORIDA
Brenda Brilhart, Procurement Strategist
Email: brendabrilhart@colliergov.net
Telephone: (239) 252 - 8446
FAX: (239) 252 - 6697
Design Professional:
CH2M Hill
16-6683 Bus Stop Improvements 2
Construction Services Agreement for Grant Funded Projects: 06132016
TABLE OF CONTENTS
PUBLIC NOTICE .......................................................................................................................................... 3
PART B - INSTRUCTIONS TO BIDDERS ................................................................................................... 5
CONSTRUCTION BID ................................................................................................................................ 11
BID SCHEDULE ......................................................................................................................................... 12
MATERIAL MANUFACTURERS ............................................................................................................... 13
LIST OF MAJOR SUBCONTRACTORS .................................................................................................... 14
STATEMENT OF EXPERIENCE OF BIDDER ........................................................................................... 15
TRENCH SAFETY ACT .............................................................................................................................. 16
IMMIGRATION LAW AFFIDAVIT CERTIFICATION ................................................................................. 17
COLLIER COUNTY SOLICITATIONS SUBSTITUTE W – 9 ..................................................................... 18
BID BOND................................................................................................................................................... 22
BIDDERS CHECK LIST ............................................................................................................................. 23
CONSTRUCTION AGREEMENT ............................................................................................................... 24
EXHIBIT A 1: PUBLIC PAYMENT BOND ................................................................................................. 30
EXHIBIT A 2: PUBLIC PERFORMANCE BOND ....................................................................................... 33
EXHIBIT B: INSURANCE REQUIREMENTS ............................................................................................. 36
INSURANCE AND BONDING REQUIREMENTS ...................................................................................... 38
EXHIBIT C: RELEASE AND AFFIDAVIT FORM ....................................................................................... 40
EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ..................................................... 41
EXHIBIT E: CHANGE ORDER ................................................................................................................... 42
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION ............................................................... 43
EXHIBIT G: FINAL PAYMENT CHECKLIST ............................................................................................. 45
EXHIBIT H: GENERAL TERMS AND CONDITIONS ................................................................................ 46
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ...................................................................... 72
EXHIBIT J: TECHNICAL SPECIFICATIONS ............................................................................................. 73
EXHIBIT K: PERMITS ................................................................................................................................ 74
EXHIBIT L: STANDARD DETAILS ............................................................................................................ 75
EXHIBIT M: PLANS AND SPECIFICATIONS ........................................................................................... 76
EXHIBIT N: CONTRACTOR’S KEY PERSONNEL ASSIGNED TO THE PROJECT ............................... 77
16-6683 Bus Stop Improvements 3
Construction Services Agreement for Grant Funded Projects: 06132016
PUBLIC NOTICE
INVITATION TO BID
Bus Stop Improvements
COUNTY BID NO. 16-6683
Separate sealed bids for the construction of Bus Stop Improvements, addressed to Ms. Allison
Kearns, Interim Director, Procurement Services, will be received at the Collier County
Government, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112, until
2:30 P.M. LOCAL TIME, on the 28th day of September 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. The anticipated project budget is:
$299,680.
A pre-bid conference will not be held for this solicitation. Any questions regarding the bid shall
be posted on www.colliergov.net/bid. Sealed envelopes containing bids shall be marked or
endorsed "Bid for Collier County Government, Collier County, Bus Stop Improvements, Bid
No. 16-6683 and Bid Date of September 28, 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 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.
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.
16-6683 Bus Stop Improvements 4
Construction Services Agreement for Grant Funded Projects: 06132016
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 one hundred and
eighty (180) 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 29th day of August 2016.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Allison Kearns
Interim Director, Procurement Services Division
16-6683 Bus Stop Improvements 5
Construction Services Agreement for Grant Funded Projects: 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
11 – 23 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 incorporat ed 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 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.
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
16-6683 Bus Stop Improvements 6
Construction Services Agreement for Grant Funded Projects: 06132016
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 Agre ement, 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 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 120 days from opening, unless otherwise agreed
by the Procurement Director and the Successful Bidder.
3.2 The Successful Bidder shall execute two (2) 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.
4.2 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.
4.3 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.
4.4 If Bidder is an individual, his or her signature shall be inscribed.
4.5 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.
4.6 All Bids shall have names typed or printed below all signatures.
4.7 All Bids shall state the Bidder's contractor license number.
4.8 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as
irregular or unauthorized.
16-6683 Bus Stop Improvements 7
Construction Services Agreement for Grant Funded Projects: 06132016
Section 5. 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 6. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal
Advertisement.
Section 7. Interpretation of Contract Documents
7.1 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.
7.2 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.
7.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 8. Examination of Site and Contract Documents
8.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
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.
8.2 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
16-6683 Bus Stop Improvements 8
Construction Services Agreement for Grant Funded Projects: 06132016
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 9. 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 10. Bid Quantities
10.1 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 f or 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.
10.2 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 11. Award of Contract
11.1 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 and policies.
11.2 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.
11.3 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 Commis sioners 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
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Procurement Ordinance and policies. A copy of the Procurement Ordinance and policies is
available at http://www.colliergov.net/Index.aspx?page=762.
11.4 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.
11.4 Certificate of Authority to Conduct Business in the State of Florida (FL Stat 607.1501)
In order to be considered for award, firms must be registered with t he 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.
Section 12. Sales Tax
12.1 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 13. Exclusion of County Permits in Bid Prices
13.1 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.
13.2 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 14. Use of Subcontractors
14.1 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.”
14.2 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.
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14.3 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.
14.4 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,
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 15. 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, f irm, 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 16. 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 17. 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.”