Agenda 07/24/2012 Item #16A 37/24/2012 Item 16.A.3.
EXECUTIVE SUMMARY
Recommendation to reject submittals for RFP 11 -5631R for "Design -Build Naples Manor
Sidewalk Improvements" construction project in the amount of $750,000 and direct staff to
develop final consultant design plans for bidding the construction of sidewalk improvements,
Project No. 69081.
OBJECTIVE: To reject submittals for RFP 11 -5631R for "Design -Build Naples Manor Sidewalk
Improvements" and to direct staff to develop final consultant design plans for bidding the construction
of sidewalk improvements.
CONSIDERATIONS: The Transportation Engineering Department entered into a Subrecipient
Agreement with the Housing, Human and Veteran Services (HHVS) Department, for the "Naples Manor
Sidewalk Installation Project ", part of a Community Development Block Grant (CDBG). To meet the
accelerated schedule of the grant requirements, County staff decided that the design/build process would
be the best method of procurement. The Transportation Engineering Department hired a consultant to
prepare a Design Criteria Package to be used by Design/Build firms. On September 13, 2011, the Board
approved termination of this Subrecipient Agreement, Agenda Item No. 16A26 due to unintended delays
and grant restrictions.
On October 19, 2011, the county advertised a Request for Proposal (RFP) for a Design /Build project that
would use the previously developed Design Criteria Package and $750,000 in local funding. The RFP
identified six locations for sidewalk construction. A selection committee reviewed and ranked the
proposals using weighted technical criteria (40 %) and weighted construction price (60 %).
Proposals were received from four (4) construction firms to perform the work as a design/build project.
One firm (Quality Enterprises) was deemed non - responsive as they did not provide pricing for the entire
project. The RFP allowed County staff to negotiate with the highest ranked firm, Wright Construction
Group, Inc. (Wright), which submitted a bid of $1,086,210.14 for the six sidewalk locations.
Negotiations with Wright were initiated to see if an agreement could be reached within the $750,000
budget.
Extensive negotiations were unsuccessful as Wright and staff could not agree on the scope and the cost
of the sidewalk improvements. For example, an agreement could not be reached on the number and size
of driveways and culverts which would need replacement. Bonness, Inc. was the second ranked firm
and was 7% higher in their price proposal than Wright.
To keep the project within our budget, Staff recommends that it is in the best interest of the County to:
• Reject proposals associated with this RFP due to failure to meet the budget constraints outlined
in the solicitation document,
• Direct staff to procure a complete design to stay approximately within the $750,000 budget and,
• Re- solicit the complete design project as a construction invitation to bid with the following
locations identified:
a) Broward Street (US 41 to Carolina Avenue), b) Trammel Street (Floridan Avenue to Texas
Avenue), c) Fleming Street (Floridan Avenue to Texas Avenue), d) Gilchrist Street (Floridan
Avenue to Texas Avenue), and e) Carolina Avenue (Texas Avenue to McCarty Street).
The design process is anticipated to take approximately six months, with the bidding process to
immediately follow.
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7/24/2012 Item 16.A.3.
FISCAL IMPACT: The cost to procure final consultant design plans is estimated to be less than
$100,000. Source of funds are gas taxes.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's
Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT.
GROWTH MANAGEMENT IMPACT: There is no growth management impact resulting from this
project.
RECOMMENDATION: Recommend that the Board:
1) Rejection RFP 11 -5631R for "Design -Build Naples Manor Sidewalk Improvements" and direct the
County Manager or designee to procure final consultant design plans for the construction of sidewalk in
Naples Manor and bid the project for construction.
Prepared by: Daniel G. Hall, P.E., Senior Project Manager, Transportation Engineering
Attachments: 1) RFP 11 -5631R 2) Score Sheet 3) Location Map
Packet Page -1230-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.3.
7/24/2012 Item 16.A.3.
Item Summary: Recommendation to reject submittals for RFP 11 -5631R for "Design -Build
Naples Manor Sidewalk Improvements" construction project in the amount of $750,000 and
direct staff to develop final consultant design plans for bidding the construction of sidewalk
improvements, Project No. 69081.
Meeting Date: 7/24/2012
Prepared By
Name: Daniel Hall
Title: Project Manager, Semor,Transportation Engineering
6/7/2012 8:46:03 AM
Submitted by
Title: Project Manager, Senior,Transportation Engineering
Name: Daniel Hall
6/7/2012 8:46:04 AM
Approved By
Name: CalvertEugene
Title: Project Manager, Principal,Transportation Engineering & Construction Management
Date: 6/8/2012 9:58:03 AM
Name: BrilhartBrenda
Title: Purchasing Agent,Purchasing & General Services
Date: 6/8/2012 4:03:59 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Packet Page -1231-
T/24/2012 Item 16.A.3.
Date: 6/11/2012 10:19:18 AM
Name: ShueGene
Date: 6/11/2012 11:02:02 AM
Name: BetancurNatali
Title: Executive Sec ? -.;tary,Transportation Engineering & C
Date: 6/11/2012 1:59:21 PM
Name: AhmadJay
Title: Director - Transportation Engi,;; ,, ; u,;;� ,J1 , ;ing & Construction Management
Date: 6/12/2012 1:45:02 PM
Name: OrdonezJulio
Title: Project Manager, Principal,Transportation Engineer
Date: 6/13/2012 8:40:33 AM
Name: KhawajaAnthony
Title: Engineer - Traffic Operations,Transportation Engineering & Construction Management
Date: 6/13/2012 10:08:09 AM
Name: TaylorLisa
Title: Management /Budget Analyst,Transportation Administr
Date: 6/13/2012 2:41:34 PM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 6/13/2012 4:46:34 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 6/13/2012 5:13:07 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 6/14/2012 7:56:58 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/14/2012 3:49:31 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 7/12/2012 8:59:48 AM
Packet Page -1232-
Name: KlatzkowJeff
Title: County Attorney
Date: 7/12/2012 9:39:24 AM
Name: OchsLeo
Title: County Manager
Date: 7/12/2012 11:23:19 AM
Packet Page -1233-
7/24/2012 Item 16.A.3.
7/24/2012 Item 16.A.3.
REQUEST FOR PROPOSAL
C;0*1er t
AcIrronistrabve Services Dwision
Purchasing
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
RFP 11-5631R
"Design -Build Naples Manor Sidewalk Improvements"
Brenda Brilhart, Procurement Strategist
brendabrilhart @colliergov.net, Email Address
(239) 252 -8446, Telephone Number
(239) 252 -6697, FAX Number
This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document
made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any
other legal remedies available to the Collier County Government.
Purchasing CloanTen:r. 3327 Tam ami Trail: East • Napie;. Florida 24'12-4901 • vMW CoNemov.reupurcnasirg
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7/24/2012 Item 16.A.3.
Table of Contents
Section Page
LegalNotice ........................................................ ............................... 3
Exhibit I: Scope of Work, Specifications and Response Format ................ 4
Exhibit II: General RFP Instructions ....................... ............................... 10
Exhibit III: Collier County Purchase Order Terms and Conditions ..............
14
Exhibit IV: Additional Terms and Conditions for RFP ...............................
17
Attachment 1: Vendor Checklist ............................. ...............................
23
Attachment 2: Vendor Declaration Form ................... ...............................
24
Attachment 3: Conflict of Interest Affidavit .............. ...............................
26
Attachment 4: Immigration Affidavit Certification ...... ...............................
27
Attachment 5: Insurance and Bonding Requirements .............................
28
Attachment 6: Vendor's Non - Response Statement .... ...............................
30
Attachment 7: Reference Questionnaire
Attachment 8: Proposal Bond
Attachment 9: Price Proposal (Submit in separate sealed envelope)
Exhibit A — Design Build Specifications & General Requirements
Exhibit B — Scope of Work
Exhibit C — Design -Build Specifications
Exhibit D — Legal Requirements
Attachments Provided In Separate Files:
• Design Build Criteria Package
• Preliminary Concept Plan
31
2
Packet Page -1235-
CO Ter mount
Adrmnistbve Sernces Division
Purchasing
Legal Notice
7/24/2012 Item 16.A.3.
Sealed Proposals to provide Design -Build services for Naples Manor Sidewalk Improvements will be
received until 3:00 p.m., Naples local time, on November 14, 2011 at the Collier County
Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.
RFP 11 -5631R - Design -Build Naples Manor Sidewalk Improvement
Services to be provided shall include, but not be limited to the following: The Design -Build team shall
meet the stated requirements to provide for design and construction of a sidewalk system in Naples
Manor subdivision. Responsibilities include survey, geotechnical investigation, design, permits, and
maintenance of traffic, demolition, and construction.
A pre - proposal conference will not be held for this solicitation. A site visit is strongly encouraged.
All statements shall be made upon the official proposal form which may be obtained on the Collier
County Purchasing Department E- Procurement website: www.collieroov.net /bid.
Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability
or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: /S/ Stephen Y. Carnell, C.P.M.
Purchasing & General Services Director
This Public Notice was posted on the Collier County Purchasing Department website:
www.collieraov.net/purchasing and in the Lobby of Collier County Government, Purchasing
Department, 3327 Tamiami Trail E, Naples, FL 34112 on October 19, 2011.
a ..,nc LK a* fir, a , `a :. r ail E ,z,. Cr'3a1C
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7/24/2012 Item 16.A.3.
Exhibit I
Scope of Work, Specifications and Response Format
As requested by the Collier County Growth Management Division, Transportation Engineering
Department (hereinafter, the "Division or Department "), the Collier County Board of County
Commissioners Purchasing Department (hereinafter, "County ") has issued this Request for Proposal
(hereinafter, "RFP ") with the intent of obtaining proposals from interested and qualified firms in
accordance with the terms, conditions and specifications stated or attached.
The Vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work
stated herein. Additionally,
Brief Description of Purchase - The Design -Build team shall meet the stated requirements to
provide for design and construction of a sidewalk system in Naples Manor subdivision. The Design -
Build Firm shall be responsible for survey, stormwater system modifications, design, acquisition of all
permits not acquired by the County, any required modification of permits acquired by the County,
maintenance of traffic, demolition, and construction. The Design -Build Firm will coordinate all utility
relocations. The intent of the County is to complete as many as the sites as funding permits.
Detailed Scope of Work — See Exhibit A
Contract Term
The contract term will be based on the proposed design construction timeframe negotiated with the
awarded firm. Prices shall remain firm for the term of this contract
Projected Timetable
The following projected timetable should be used as a working guide for planning purposes only. The
County reserves the right to adjust this timetable as required during the course of the RFP process.
Event
Date
Issue Solicitation Notice
10/19/11
Last Date for Receipt of Written Questions
5:00 Pm 11/7//11
Non-mandatory re- solicitation meeting
N/A
Addendum Issued
By 11/10/11
Solicitation Deadline Date and Time
3:00 pm 11/14/11
Anticipated Evaluation of Submittals
Week of 11 /21 /11
Anticipated Completion of Contract Negotiations
TBD
Anticipated Board of County Commissioner's Contract Approval
TBD
Vendor Response Requirements and Format
The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and
conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that
if it is awarded a contract, the work will be performed in accordance with the provisions, terms and
conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals
must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply
with these guidelines must be so noted and explained in the Acceptance of Conditions section of the
proposal. However, any proposal that contains such variances may be considered non - responsive.
Packet Page -1237-
7/24/2012 Item 16.A.3
Proposals should be prepared simply and economically, providing a straightforward concise
description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP. Awk
All proposals should be presented as described in this RFP in PDF or Microsoft Word format with
Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission
is strongly encouraged.
The items listed below shall be submitted with each proposal and should be submitted in the order
shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure
by a Vendor to include all listed items may result in the rejection of its proposal. Both Technical
and Price Proposals are calculated for final scoring, as follows: Technical has a maximum
40% of total score and the Price Proposal is valued at a maximum of 60% of total score
1) Tab I, COM- ! ettc; / Management Summary
Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy
of the firm in providing the services stated herein. Include the name(s), telephone number(s) and
email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is
Vendor's certification that the Vendor will accept any awards as a result of this RFP. List all proposed
subcontractors who will participate on the team.
. 2) Tab II, Project Approach (Maximum 35 points /5 Page Limitation)
Proposals will be evaluated on the soundness, application, and detail of strategies proposed for
meeting the County's objectives. The proposal will be assessed -1 point for each additional page
over the described limit. The Proposer shall include a description of how the design of the project
will be approached. The proposal will include options to be considered and the issues to be resolved.
The Proposer will present concepts demonstrating their ability to develop cost effective solutions
through innovative techniques. Proposer will submit examples of coordination with design
professional and general contractor and their strategy for success.
3) Tab III, Project Management Team (Maximum 35 points /10 Page Limitation)
Proposal will be evaluated on the qualifications and abilities of the proposed project team, including
their method of ensuring responsiveness to direction given by the County, and troubleshooting and
problem solving abilities. Should subconsultant(s) be listed as a part of the project(s) team, the
proposer shall provide a letter (not included in page count) from each subconsultant that indicates the
sub - consultant's intent to be a part of the project(s) team. Proposals submitted without the referenced
letter(s) may result in the subconsultant qualifications being eliminated from the review process.
Provide information that document's your firm's qualification to produce the required deliverables,
including abilities, capacity, skill and financial strength in response to the items below.
1. Prior experience providing "Design / Build" services as a licensed
entity; List number of previous projects completed within the last five
ears 9/1/06 — 8/31/11).
2. Number of sidewalk design projects from within the last five years
(9/1/06 — 8/31/11) with a construction value of $1M or more.
• Attach a summary of 10 %, or five (5) of the company's pro-ects
identified in #2 as back -up.
3. Identify the number of technical staff assigned to th ;, project
(including, but not limited to engineers, supervisors, estimators,
inspectors) if awarded a contract for this RFP
TOTAL (add 1 + 2 + 3)
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7/24/2012 Item 16.A.3.
Prior to the Selection Committee reviewing proposals, the following methodology will be applied to
each vendor's information provided in this area in the requested information above:
• The County shall list the TOTAL Project Management Team by firm from highest TOTAL
to lowest TOTAL.
• The highest number of points 35 will be awarded to the firm who has the greatest TOTAL.
• The next highest firm's TOTAL will be divided by the highest firm's TOTAL which will then
be multiplied by 35 points to determine the next firm's Points Awarded. Each subsequent
firm's TOTAL will be calculated in the same manner.
• Points awarded will be extended to the first decimal point (per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be distributed
among the six proposers.
Firm Name
Firm's
TOTAL
Total
Points
Vendor 123
375
35
Vendor 456
350
32.7
Vendor 789
225 1
21.0
Vendor 101
225
21.0
The Points Awarded by vendor will be distributed to the Selection Committee prior to their evaluation
of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency
and completeness of all responses in the RFP, and review the Points Awarded per vendor. The
Selection Committee may, at their sole discretion, adjust the points awarded after a thorough review
of the proposal and prior to final ranking by the Selection Committee
4) Tab IV, Ability of Firm to meet schedule requirements (Maximum 20 points /5 Page Limitation)
Rating will be based on the Proposer's approach to schedule and control of Proposer's current and
projected workload and available labor resources, Describe the firm's approach to ensuring that the
engineering project(s) and, if applicable, the resultant construction project(s) are completed on time
and within the contract amount and allotted budget
Consideration will be given to proposals that responsibly maximize the net economic benefit to the
County over the term of the proposed contract. At a minimum, they must meet the budgetary
requirements of the specific project. Firm shall submit their approach to controlling project costs, and
also, a table of the actual construction costs on previous projects as compared to the estimated costs
prior to bidding. The table will be considered a measure of the Prcposer's ability to complete projects
within budget. The table must show the firm's estimated construction costs prior to bidding (final
design) compared to the actual award amount. The actual final construction amount after all change
orders may be shown, but only in addition to the award amount. A suggested tabular format titled
"Comparison of Estimated and Actual Construction Costs" is as follows:
List Current Projects in the Format Identified :Below
Project
Description
Start Date
End Date
Original
Budget
g
Final Project
Cost
Number of
Change
Orders
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7/24/2012 Item 16.A.3.
Identify the individual(s) responsible for cost control. Provide a written statement regarding
Proposer's willingness and ability to comply with the following for each project.
5) Tab V: References (10 points, 5 pages maximum)
Exhibit C: Submit fully completed References with the firm's proposal — not to exceed five (5)
references from individuals who have had similar work to the County's outlined scope of work. In
order for the firm to be awarded any points for this tab, the County requests that the firm submits five
(5) completed reference forms from clients whose projects are of a similar nature to this solicitation
as a part of their proposal. The County will only use the methodology calculations for the first five (5)
references (only) submitted by the vendor in their proposal.
Prior to the Selection Committee reviewing proposals, the following methodology will be applied to
each vendor's information provided in this area:
• The County shall total each of the firm's reference scores and create a ranking from highest
number of points to lowest number of points.
• The highest number of points (10) will be awarded to the vendor who has the highest reference
score.
The firm's reference score will be divided by the highest vendor's reference score which will then
be multiplied by 10 points to determine the vendor's Points Awarded. Each subsequent firm's
reference score will be calculated in the same manner.
Points awarded will be extended to the first decimal point (per Microsoft Excel). For illustrative
purposes only, see chart for an example of how these points would be distributed among the five
proposers.
Vendor Name
Vendor Total Reference
Score
Points Awarded
Vendor ABC
445
10
Vendor DEF
435
9.8
Vendor GHI
425
9.6
The Points Awarded by firm will be distributed to the Selection Committee prior to their evaluation of
the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and
completeness of all responses in the RFP, and review the Points Awarded per vendor. The Selection
Committee may, at their sole discretion, adjust the points awarded after a thorough review of the
proposal and prior to final ranking by the Selection Committee.
6) Tab VI, Acceptance of Conditions
Indicate any exceptions to the general terms and conditions of the RFP, and to insurance
requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed
section, it will be understood that no exceptions to these documents will be considered after the
award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation
point deduction(s) and /or exclusion of proposal for Selection Committee consideration, depending on
the extent of the exception(s). Such determination shall be at the sole discretion of the County and
Selection Committee.
7) Tab XII, Required Form Submittals
• Licenses and /or Certifications
• Attachment 1: Vendor Checklist
• Attachment 2: Vendor Declaration Form
• Attachment 3: Conflict of Interest Affidavit
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7/24/2012 Item 16.A.3.
• Attachment 4: Immigration Affidavit Certification
• Attachment 5: Insurance and Bonding Requirement Form
• Attachment 6: No Response
• Attachment 7: Reference Questionnaire
• Attachment 8: Proposal Bond
• Attachment 9: Price Proposal
EVALUATION AND SELECTION OF DESIGN - BUILDER
The technical proposal score will be a maximum of 40 points out of 100 and the price proposal will be
a maximum of 60 points out of 100. The score will be based on the total price for all projects included
in the Design Criteria Package (Broward- South Side, Trammel, Fleming, Gilchrist, Carolina, and
Broward- North Side) — the priority sidewalks are as follows: Broward, Trammel, Fleming and
Gilchrest as defined in Design Criteria Package. It is the intent of the County to fund as many of the
segments included in the Design Criteria Package as possible with the current available funding of
$750,000. Any remaining sidewalk sections (Carolina, Broward — North Side) will be considered
alternates and can be constructed at a later date if funding becomes available (within six (6) months
after notice to proceed and agreeable by both the County and the awarded Contractor. Highest
overall score ranks as number one firm, etc. Example scoring as follows:
Vendor
Price
Price
Score
Technical
I
Total
Price +
Tech
Final
Rank
A $
845,000
52.9
93
92.9
1
B $
745,000
60
65
88,0
2
C $
945,000
47.3
88 1
37.8
85.1
3
1. The final shortlist and recommendation for award shall be sent to the Board of County
Commissioners for approval.
2. An award, if made, will be made to the best overall proposer(s) whose proposal is most
advantageous to the County, taking into consideration the evaluation factors set forth in this
solicitation. The County will not use any other factors or criteria in the evaluation of the proposals
received. The County will compensate the Firm in accordance with the following method (s): Lump
Sum. Prices shall remain firm for the duration of this contract.
The County may determine that the Price Proposal is non - responsive if the County determines, in its
sole discretion that any of the following pertain to the Price Proposal:
• The Price Proposal is significantly unbalanced relative to the Scope of Work;
• The Price Proposal does not provide all information in conformance with the
Instructions to Proposers;
• The Price Proposal contains unreasonable prices.
A Consultant will submit estimates of construction costs at the following times:
• Design Report
• Preliminary Design
• Final Design
In the event that the cost estimate at any point in the design process exceeds the most recent Collier
County budget to such a point that completion of all phases of the project are in jeopardy, Consultant
will evaluate the design and identify changes necessary to bring the project cost within budget, and /or
provide justification to support an increase to the project budget.
Packet Page -1241-
Exhibit 11
General RFP Instructions
1- Questions
7/24/2012 Item 16.A.3.
Direct questions related to this RFP to the Collier County Purchasing Department E- Procurement
website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or
position of the. County will be the one stated on the Collier County Purchasing Department E-
Procurement website. For general questions, please call the referenced Purchasing Agent noted
on the cover page.
2. Pre - Proposal Conference
The purpose of the pre - proposal conference is to allow an open forum for discussion and
questioning with County staff regarding this RFP with all prospective Vendors having an equal
opportunity to hear and participate. Oral questions will receive oral responses, neither of which will
be official, nor become part of the RFP. Only written responses to written questions will be
considered official, and will be included as part of this RFP as an addendum. All prospective
Vendors are strongly encouraged to attend, as, this will usually be the only pre - proposal
conference for this solicitation. If this pre - proposal conference is denoted as "mandatory",
prospective Vendors must be present in order to submit.a proposal response.
3. Compliance with the RFP
Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the
RFP may result in disqualification.
4. Ambiguity, Conflict, or Other Errors in the RFP
It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict,
discrepancy, omission or other error in the RFP, to immediately notify the Purchasing Agent, noted
herein, of such error in writing and request modification or clarification of the document prior to
submitting the proposal. The Purchasing Agent will make modifications by issuing a written
revision and will give written notice to all parties who have received this RFP from the Purchasing
Department.
5. Proposal, Presentation, and Protest Costs
The County will not be liable in any way for any costs incurred by any Vendor in the preparation of
its proposal in response to this RFP, nor for the presentation of its proposal and /or participation in
any discussions, negotiations, or, if applicable, any protest procedures.
6. Delivery of Proposals
All proposals are to be delivered before 3:00 pm,
2011 to the following address:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Brenda Brilhart, Procurement Strategist
Naples local time, on or before November 14,
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7/24/2012 Item 16.A.3.
The County shall not bear the responsibility for proposals delivered to the Purchasing Department
past the stated date and /or time indicated, or to an incorrect address by Vendor's personnel or by
the Vendor's outside carrier. However, the Purchasing /General Services Director, or designee,
shall reserve the right to accept proposals received after the posted close time under the following
conditions:
The tardy submission of the proposal is due to the following circumstances, which shall
include :. _. _ _ . �.
^ �! carrier such as Fed Ex, UPS or
couri?- where delivery was scheduled before the deadline.
T` � acceptance of said proposal does not afford any competing firm an unfair advantage
in the selection process.
Vendors must submit two (2) Paper copies with one cony clearly labeled "Master " and five
(5) compact disks (CD's) with one copy of the proposal on each CD in Word Excel or PDF.
List the Solicitation Number and Title on the outside of the box or envelope.
7. Validity of Proposals
No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to
I fo
the County prior to the time set for the closing of Proposals. All proposals shall be va r a
period of one hundred eighty (180) days from the submission date to accommodate ev
and selection process. aluation
8. Method of Source Selection
The County is using the Competitive Sealed Proposals methodology of source selection for this
procurement, as authorized by Ordinance Number 87 -25, and Collier County Resolution Number
2006 -268 establishing and adopting the Collier County Purchasing Policy. The County may, as it
deems necessary, conduct discussions with qualified Vendors determined to be in contention for
being selected for award for the purpose of clarification to assure full understanding of, and
responsiveness to solicitation requirements.
9. Evaluation of Proposals
The County's procedure for selecting is as follows:
1. The County Manager shall appoint a Selection Committee to review all proposals
submitted.
2. Request for Proposals issued.
3. Subsequent to the closing of proposals, the Purchasing Agent and Project Manager shall
review the proposals received and verify whether each proposal appears to be minimally
responsive to the requirements of the published RFP.
4. Meetings shall be open to the public and the Purchasing Agent shall publicly post prior
notice of such meeting in the lobby of the Purchasing Building at least one (1) day in
advance of all such meetings.
5. The committee members shall review each Proposal individually and score each proposal
based on the evaluation criteria stated herein.
6. Prior to the first meeting of the selection committee, the Purchasing Agent will post a notice
announcing the date, time and place of the first committee meeting. Said notice shall be
posted in the lobby of the Purchasing Building not less than three (3) working days prior to
the meeting. The Purchasing Agent shall also post prior notice of all subsequent committee
meetings and shall endeavor to post such notices at least one (1) day in advance of all
subsequent meetings.
io
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7/24/2012 Item 16.A.3.
7. Collier County will consider all the material submitted by the Proposer and other
information Collier County may obtain to determine whether the Proposer is capable of and
has a history of successfully completing projects of this type, including, without limitation,
additional information Collier County.may request, interviews, or oral presentations.
8. The Selection Committee, as approved by the County Manager, will review, evaluate and
rank all responsive proposals received from Proposers responding to this RFP. The
committee members shall score each Proposal in accordance with the rating criteria set
forth below and may, at their discretion, schedule presentations from any firms submitting
a proposal. The Selection Committee will rank qualified firms in order of preference and by
consensus using all information presented to the Committee, choose the top ranked firm
and will subsequently enter into negotiations with the top ranked firm. Award of the
contract is dependent upon the successful and full execution of a mutually agreed contract.
The County reserves the right to negotiate price, terms and conditions.
The County reserves the right to withdraw this RFP at any time and for any reason, and to issue
such clarifications, modifications, addendums, and /or amendments as it may deem appropriate,
including, but not limited, to requesting supplemental proposal information. Receipt of a proposal
by the County or a submission of a proposal to the County offers no rights upon the Vendor nor
obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of
any other governmental approvals. Proposals which include provisions requiring the granting of
zoning variances shall not be considered.
10. References
The County reserves the right to contact any and all references to obtain, without limitation, ratings
for the following performance indicators:
• On a scale of 1 -10, with 1 being very dissatisfied and ten exceeding your every
expectation, how satisfied were you.with the firm's performance?
• What specifically did you like about their approach?
• What do you believe were shortcomings or that they could have done better?
• Did they meet your schedule requirements?
• How were their communications? Were you always kept in the loop?
• How responsive were they in addressing problems with the project?
• How was the quality /experience /personality of their personnel?
A uniform sample of references will be checked for each Vendor. Vendors will be scored on a
scale of 1 to 10, with 10 being the highest possible score. This score will also be used in
determining the score to be given to the "past performance" evaluation factor for each
proposal.
11. Proposal Selection Committee and Evaluation Factors
The County Manager shall appoint a Selection Committee to review all proposals submitted. The
factors to be considered in the evaluation of proposal responses are listed below. Technical
proposal is 40% of the weighted score and price equals 60 %. See table on page 8.
Project Approach 35
Project Management Team 35
Ability of firm to Meeting Schedule 20
References 10
Total Points: 100
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7/24/2012 Item 16.A.3.
Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with
the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial
system) within the last five (5) years will receive the higher individual ranking. If there is a multiple
firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall
receive the higher ranking, the firm with the next lowest volume of work shall receive the next
highest ranking and so on.
12. Acceptance or Rejection of Proposals
The right is reserved by the County to waive any irregularities in any proposal, to reject any or all
proposals, to re- solicit for proposals, if desired, and upon recommendation and justification by
Collier County to accept the proposal which in the judgment of the County is deemed the most
advantageous for the public and the County of Collier.
Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind,
may be cause for rejection. In the event of default of the successful Vendor, or their refusal to
enter into the Collier County contract, the County reserves the right to accept the proposal of any
other Vendor or to re- advertise using the same or revised documentation, at its sole discretion.
12
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7/24/2012 Item 16.A.3.
Exhibit III
Collier County Purchase Order Terms and Conditions
1. Offer b)
This offer is subject to cancellation by the COUNTY
without notice if not accepted by VENDOR within
fourteen (14) days of issuance.
2. Acceptance and Confirmation
This Purchase Order (including all documents
attached to or referenced therein) constitutes the
entire agreement between the parties, unless
otherwise specifically noted by the COUNTY on the
face of this Purchase Order. Each delivery of
goods and /or services received by the COUNTY
from VENDOR shall be deemed to be upon the
terms and conditions contained in this Purchase
Order.
No additional terms may be added and Purchase
Order may not be changed except by written
instrument executed by the COUNTY. VENDOR is
deemed to be on notice that the COUNTY objects
to any additional or different terms and conditions
contained in any acknowledgment, invoice or other
communication from VENDOR, notwithstanding the
COUNTY'S acceptance or payment for any delivery
of goods and /or services, or any similar act by
VENDOR.
Inspection
All goods and /or services delivered hereunder shall
be received subject to the COUNTY'S inspection
and approval and payment therefore shall not
constitute acceptance. All payments are subject to
adjustment for shortage or rejection. All defective
or nonconforming goods will be returned pursuant
to VENDOR'S instruction at VENDOR'S expense.
To the extent that a purchase order requires a
series of performances by VENDOR, the COUNTY
prospectively reserves the right to cancel the entire
remainder of the Purchase Order if goods and /or
services provided early in the term of the Purchase
Order are non - conforming or otherwise rejected by
the COUNTY.
Shipping and Invoices
a) All goods are FOB destination and must be
suitably packed and prepared to secure the
lowest transportation rates and to comply wit' ~:
all carrier regulations. Risk of loss of any
goods sold hereunder shall transfer to the
COUNTY at the time and place of delivery;
provided that risk of loss prior to actual receipt
of the goods by the COUNTY nonetheless
remain with VENDOR.
C)
No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
Unless otherwise provided in Purchase Order,
no invoices shall be issued nor payments made
prior to delivery. Unless freight and other
charges are itemized, any discount will be
taken on the full amount of invoice.
All shipments of goods scheduled on the same
day via the same route must be consolidated.
Each shipping container must be consecutively
numbered and marked to show this Purchase
Order number. The container and Purchase
Order numbers must be indicated on bill of
lading. Packing slips must show Purchase
Order number and must be included on each
package of less than container load (LCL)
shipments and /or with each car load of
equipment. The COUNTY reserves the right to
refuse or return any shipment or equipment at
VENDOR'S expense that is not marked with
Purchase Order numbers. VENDOR agrees to
declare to the carrier the value of any shipment
made under this Purchase Order and the full
invoice value of such shipment.
All invoices must contain the Purchase Order
number and any other specific information as
identified on the Purchase Order. Discounts of
prompt payment will be computed from the date
of receipt of goods or from .date of receipt of
invoices, whichever is later. Payment will be
made upon receipt of a proper invoice and in
compliance with Chapter 218, Fla. Stats.,
otherwise known as the "Local Government
Prompt Payment Act," and, pursuant to the
Board of County Commissioners Purchasing
Policy.
Time Is Of the Essence
Time for delivery of goods or performance of
services under this Purchase Order is of the
essence. Failure of VENDOR to meet delivery
schedules - r deliver within a reasonable time, as
interpreter by the COUNTY in its sole judgment,
shall en' :e the COUNTY to seek all remedies
availab; to it at law or in equity. VENDOR agrees
to rei ,burse the COUNTY for any expenses
incur _ad in enforcing its rights. VENDOR further
agr, 3s that undiscovered delivery of
no .conforming goods and /or services is not a
v river of the COUNTY'S right to insist upon further
:; ompliance with all specifications.
13
Packet Page -1246-
6. Changes
The COUNTY may at any time and by written
notice make changes to drawings and
specifications, shipping instructions, quantities and
delivery schedules within the general scope of this
Purchase Order. Should any such change increase
or decrease the cost of, or the time required for
performance or u,C , ,,;�;,d e ulue;, a;, eyuiiable 11
adjustment n the price and /or delivery schedule will
be nP;otiated by the COUNTY and VENDOR.
Notwithstanding the foregoing, VENDOR has an
affirmative obligation to give notice if the changes
will decrease costs. Any claims for adjustment by
VENDOR must be made within thirty (30) days from
the date the change is ordered or within such
additional period of time as may be agreed upon by
the parties.
Warranties
VENDOR expressly warrants that the goods and /or
services covered by this Purchase Order will
conform to the specifications, drawings, samples or
other descriptions furnished or specified by the
COUNTY, and will be of satisfactory material and
quality production, free from defects and sufficient
for the purpose intended. Goods shall be delivered
free from any security interest or other lien,
encumbrance or claim of any third party. These
warranties shall survive inspection, acceptance,
passage of title and payment by the COUNTY.
8. Statutory Conformity
Goods and services provided pursuant to this
Purchase Order, and their production and
transportation shall conform to all applicable laws,
including but not limited to the Occupational Health
and Safety Act, the Federal Transportation Act and
the Fair Labor Standards Act, as well as any law or
regulation noted on the face of the Purchase Order.
9. Advertising
No VENDOR providing goods and services to the
COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and /or
services, or appropriate or make use of the
COUNTY'S name or other identifying marks or
property without the prior written consent of the
COUNTY'S Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless the
COUNTY from any and all claims, including claims
of negligence, costs and expenses, including but
not limited to attorneys' fees, arising from, caused
by or related to the injury or death of any person
7/24/2012 Item 16.A.3.
(including but not limited to employees and agents
Of VENDOR in the performance of their duties or
otherwise), or damage to property (including
property of the COUNTY or other persons), which
arise out of or are incident to the goods and /or
services to be provided hereunder.
Warranty of Non - Infringement
VENDOR represents and warrants that all goods
sold or services performed under this Purchase
Order are: a) in compliance with applicable laws; b)
do not infringe any patent, trademark, copyright or
trade secret; and c) do not constitute unfair
competition.
VENDOR shall indemnify and hold harmless the
COUNTY from and against any and all claims,
including claims of negligence, costs and expense,
including but not limited to attorneys' fees, which
arise from any claim, suit or proceeding alleging
that the COUNTY'S use of the goods and /or
services provided under this Purchase Order are
inconsistent with VENDOR'S representations and
warranties in section 11 (a).
If any claim which arises from VENDOR'S breach
of section 11 (a) has occurred, or is likely to occur,
VENDOR may, at the COUNTY'S option, procure
for the COUNTY the right to continue using the
goods or services, or replace or modify the goods
or services so that they become non - infringing,
(without any material degradation in performance,
quality, functionality or additional cost to the
COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall provide
commercial insurance of such type and with such
terms and limits as may be reasonably associated
with the Purchase Order. Providing and
maintaining adequate insurance coverage is a
material obligation of the VENDOR. All insurance
policies shall be executed through insurers
authorized or eligible to write policies in the State of
Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all federal,
state, and local laws, rules, codes, and ordinances
that are applicable to the conduct of its business.
By way of non - exhaustive example, this shall
include the American with Disabilities Act and all
prohibitions against discrimination on the basis of
race, religion, sex creed, national origin, handicap,
marital status, or veterans' status. Further,
Packet Page -1247- 14
VENDOR acknowledges and without exception or
stipulation shall be fully responsible for complying
with the provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may
be amended. Failure by the awarded firm(s) to
comply with the laws referenced herein shall
constitute a breach of the award agreement and the
County shall have the discretion to unilaterally
terminate said agreement immediately. Any breach
of this provision may be regarded by the COUNTY
as a material and substantial breach of the contract
arising from this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in performance
resulting from any cause beyond their control,
including, but without limitation to war, strikes, civil
disturbances and acts of nature. When VENDOR
has knowledge of any actual or potential force
majeure or other conditions which will delay or
threatens to delay timely performance of this
Purchase Order, VENDOR shall immediately give
notice thereof, including all relevant information
with respects to what steps VENDOR is taking to
complete delivery of the goods and /or services to
the COUNTY.
15. Assignment
VENDOR may not assign this Purchase Order, nor
any money due or to become due without the prior
written consent of the COUNTY. Any assignment
made without such consent shall be deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida sales and
use tax on real property, transient rental property
rented, tangible personal purchased or rented, or
services purchased (Florida Statutes, Chapter 212),
and from federal excise tax.
17. Annual Appropriations
The COUNTY'S performance and obligation to pay
under this Purchase Order shall be contingent upon
an annual appropriation of funds.
18. Termination
7/24/2012 Item 16.A.3.
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order may
be terminated immediately by the COUNTY for
breach by VENDOR of the terms and conditions of
this Purchase Order, provided that COUNTY has
provided VENDOR with notice of such breach and
VENDOR has failed to cure within 10 days of
receipt of such notice.
19. General
a) This Purchase Order shall be governed by the
laws of the State of Florida. The venue for any
action brought to specifically enforce any of the
terms and conditions of this Purchase Order
shall be the Twentieth Judicial Circuit in and for
Collier County, Florida
b) Failure of the COUNTY to act immediately in
response to a breach of this Purchase Order by
VENDOR shall not constitute a waiver of
breach. Waiver of the COUNTY by any default
by VENDOR hereunder shall not be deemed a
waiver of any subsequent default by VENDOR.
c) All notices under this Purchase Order shall be
sent to the respective addresses on the face
page by certified mail, return receipt requested,
by overnight courier service, or by personal
delivery and will be deemed effective upon
receipt. Postage, delivery and other charges
shall be paid by the sender. A party may
change its address for notice by written notice
complying with the requirements of this section.
d) The Vendor agrees to reimbursement of any
travel expenses that may be associated with
this Purchase Order in accordance with Florida
Statute Chapter 112.061, Per Diem and Travel
Expenses for Public Officers, employees and
authorized persons.
e) In the event of any conflict between or among
the terms of any Contract Documents related to
this Purchase Order, the terms of the Contract
Documents shall take precedence over the
terms of the Purchase Order. To the extent
any terms and /or conditions of this Purchase
Order duplicate or overlap the Terms and
Conditions of the Contract Documents, the
provisions of the Terms and /or Conditions that
are most favorable to the County and /or
provide the greatest protection to the County
shall govern.
15
Packet Page -1248-
7/24/2012 Item 16.A.3.
Exhibit IV
Additional Terms and Conditions for RFP
Insurance and Bonding Requirements (The specific insurance requirements for this solicitation
are identified in the attachment for Insurance and Bonding Requirements.)
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in the Insurance and
Bonding Requirements attachment of this solicitation. The Vendor shall procure and maintain property
insurance upon the entire project, if required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors, Contractors,
Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered
by property insurance provided herein, except such rights as they may have to the proceeds of such
insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from
the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them
to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
Performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the
requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the
operations of Vendor under this solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
Certificate Holder" should read as follows:
Collier County Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in
Attachment 6 with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed
minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and
amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self- insured retentions or deductibles will be Vendor's sole
responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work until
the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Vendor and /or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also
notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of
expiration, cancellation, non - renewal or material change ire coverage or limits received by Vendor from
its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the
event of a reduction in the aggregate limit of any polic to be provided by Vendor hereunder, Vendor
shall immediately take steps to have the aggregate i mit reins`ated to the full extent permitted under
such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and
charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such
]6
Packet Page -1249-
7/24/2012 Item 16.A.3.
costs within thirty (30) days after demand, the County has the right to off5ei rrrese cusrs irum any
amount due Vendor under this Agreement or any other agreement between the County and Vendor.
The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the
coverage(s) purchased or the insurance company or companies used. The decision of the County to
purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights
under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance
not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to
provide the County with such renewal certificate(s) snan oe considered justification for the County to
terminate any and all contracts.
2. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of the
successful vendor.
3. Additional Items and /or Services
During the contract term, Collier County reserves the right to add related items and /or services upon
negotiation of a satisfactory price by the Project Manager and Vendor.
5. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly responsible
for 30% or more of the solicitation amount for said work.
9. County's Right to Inspect
The County or its authorized Agent shall have the right to inspect the Vendor's facilities /project site
during and after each work assignment the Vendor is performing.
10. Additional Terms and Conditions of Contract
Collier County has developed standard contracts /agreementF approved by the Board of County
Commissioners (BCC). The selected Vendor �:nall be required t sign a standard Collier County contract
within twenty one (21) days of Notice of Sel :tion for Award. T ie County reserves the right to include in
any contract document such terms and c ditions, as it de rns necessary for the proper protection of
the rights of Collier County. A sample coy of this contract is available upon request. The County will not
be obligated to sign any rgntracts. itenance and /c, service agreements or other documents
provided by the Vendor
11. Payment Method
Payments are made in accordance with the Local (-- - ernmcnt PrOmt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Clerk's Finance Department, ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
17
Packet Page -1250-
7/24/2012 Item 16.A.3.
Collier County, in its sole discretion, will determine the method of payment for goods and /or services as
part of this agreement. Payment methods include:
Traditional - payment by check, wire transfer or other cash equivalent.
Standard - payment by purchasing card. Collier County's Purchasing Card Program is
supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is
cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules.
Collier County cautions vendors to consider both methods of payment when determining pricing as no
additional surcharges or fees will be considered (per Rules for VISA Merchants and MasterCard
Merchant Rules). The County will entertain bids clearly stating pricing for standard payment methods.
An additional s : ?rat? discounted price for traditional payments may be provided at the initial bid
submittal if it is clearly ma, ;.��+ as an "Additional Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests shall be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that
prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for
payment without prior approval from the Project manager. All invoices must be submitted within the
fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices
submitted after the close of the fiscal year will not be accepted (or processed for payment) unless
specifically authorized by the Project Manager.
Payments will be made for articles and /or services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement. In instances where the
successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County
and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves
the right to off -set the amount owed to the County by applying the amount owed to the vendor or
contractor for services performed of for materials delivered in association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance
with Chapter 218, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
Collier County reserves the right to withhold and /or reduce an appropriate amount of any payment for
work not performed or for unsatisfactory performance of Contractual requirements.
9. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply with
all Occupationai -Safety and Health Administration (OSHA), State and County Safety and Occupational
Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be
responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or
damage to any persons or property within and around the work site. All firewall penetrations must be
protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County facility,
property and /or right -of -way for the purpose of inspection of any Vendor's work operations. This
provision is non - negotiable by any department and /or Vendor. All new electrical installations shall
incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where
relevant as determined by the engineer. All electrical installations shall be labeled with appropriate
NFPA 70E arch flash boundary and PPE Protective labels.
is
Packet Page -1251-
10. Licenses
7/24/2012 Item 16.A.3.
The Vendor is required to possess the correct Business Tax Receipt, professional license, and any
other authorizations necessary to carry out and perform the work required by the project pursuant to all
applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind.
Additionally, copies of the required licenses must be submitted with the proposal response
indicating that the entity proposing, as well as the team assigned to the County account, is
properly licensed to perform the activities or work included in the contract documents. Failure
on the part of any Vendor to submit the required documentation may be grounds to deem
Vendor non- responsive. A Vendor. with an office within Collier County is also required to have an
occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections must
complete a Collier County ;:--^+ actor License registration form and submit the required fee. After
registering the license /registration wiJ need to be renewed thereafter to remain "active" in Collier
County. If you have questions regarding professional licenses contact the Contractor Licensing,
Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909.
Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239)
252 -2477.
11. Principals /Collusion
By submission of this Proposal the undersigned, as Vendor, does declare that the only person or
persons interested in this Proposal as principal or principals is /are named therein and that no person
other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that
this Proposal is made without connection with any person, company or parties making a Proposal, and
that it is in all respects fair and in good faith without collusion or fraud.
12. Security and Background Checks
If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background
checks and drug testing for all employees that shall provide services to the County under this
Agreement. This may include, but not be limited to, checking federal, state and local law enforcement
records, including a state and FBI fingerprint check, credit reports, education, residence and
employment verifications and other related records. Contractor shall be required to maintain records on
each employee and make them available to the County for at least four (4) years.
12. Relation of County
It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor,
and that neither the Vendor nor their employees shall, under any circumstances, be considered
employees or agents of the County, and that the County shall be at no time legally responsible for any
negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal
injury or property damage to any individual, firm, or corporation.
13. Termination
Should the Vendor be found to have failed to perform his services in a manner satisfactory to the
County, the County may terminate this Agreement immediately for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole
judge of non - performance.
14. 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 Proposal.
19
Packet Page -1252-
7/24/2012 Item 16.A.3.
Firms and their agents are not to contact members of the County Commissiun iur 5ucri purpuse5 a5
meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final
Board approval, no firm or their agent shall contact any other employee of Collier County in reference
to this Proposal, with the exception of the Purchasing 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.
15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)
In order to be considered for award, firms submitting a response to this solicitation shall be required to
provide a certificate of authority from the Florida Department of State Divisions of Corporations in
accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.org /search.htmi). A copy of
the document shall 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.
16. Single Proposal
Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one
proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a
primary or as part of a partnership or joint venture submitting as primary may not then act as a sub -
consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a
primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub -
consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this
requirement will be deemed non - responsive and rejected from further consideration. In addition,
consultants that have participated and /or will participate in the development of scope,
background information or oversight functions on this project are precluded from submitting a
Proposal as either a prime or sub- consultant.
17. Protest Procedures
Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the
former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of
proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier
County time on the final published date for the acceptance of the Request for Proposals.
The Board of County Commissioners will make award of contract in public session. Award
recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and
Thursdays. Any actual or prospective respondent who desires to formally protest the recommended
contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar
days (excluding weekends and County 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 and will be
given instructions as to the form and content requirements of the formal protest. A copy of the "Protest
Policy" is available at the office of the Purchasing Director.
18. Public Entity Crime
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 following the date of being placed on the convicted vendor list.
20
Packet Page -1253-
19. Conflict of Interest
7/24/2012 Item 16.A.3.
Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document.
Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in
and of itself disqualify a firm from consideration. These disclosures are intended to identify and or
preclude conflict of interest situations during contract selection and execution.
20. Prohibition of Gifts to County Employees
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, the current Collier County Ethics Ordinance 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.
21. Immigration Law Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United States
and to employ only individuals who are eligible to work in the United States. The Employment Eligibility
Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership
with the Social Security Administration (SSA), provides an Internet -based means of verifying
employment eligibility of workers in the United States; it is not a substitute for any other employment
eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid
(ITB) and Request for Proposals (RFP) including professional services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their
enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence
consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully
executed E- Verify Memorandum of Understanding for the company. Vendors are also required to
provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with
the E- Verify Program. The affidavit is attached to the solicitation documents. If the Proposer does not
comply with providing both the acceptable E- Verify evidence and the executed affidavit the
bidder's proposal may be deemed non - responsive Documentation of these requirements may be
reauested after the proposal deadline date
Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all
purchases not covered under the "Exceptions to the program" clause above. For additional information
regarding the Employment Eligibility Verification System (E- Ver',fy) program visit the following website:
http: / /www.dhs.gov /E- Verifv. It shall be the vendor's resporibility to familiarize themselves with all
rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully
responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with
the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws
referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and
the County shall have the discretion to unilaterally terminate said agreement immediately.
21
Packet Page -1254-
7/24/2012 Item 16.A.3.
Ca per C.ry
AdrnnIV. -Mve Semoes ivision
1-lurhasing
Attachment 1: Vendor Check List
IMPORTANT: THIS SHEET RUST 4� _ _ . _� . 7.'case read carefully, sign in the spaces indicated
and return with your 7-".,,)sal. Vendor should check off each of the following items as the necessary
action is c(?^,r!eted:
❑ The Proposal has been signed.
❑ All applicable forms have been signed and included, along with licenses to complete the
requirements of the project.
❑ Copy of Internet certification that the Vendor is not on the Federal Excluded Parties List System at:
htto 3://www.epis.gov/.
❑ The mailing envelope has been addressed to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Brenda Brilhart, Procurement Strategist
❑ The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due
Date.
❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date
and time. (Otherwise Proposal cannot be considered.)
ALL COURIER - DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET.
Name of Firm:
Address:
City, State, Zip:
Telephone:
Representative Signature:
Representative Name:
Email:
Date
22
Packet Page -1255-
7/24/2012 Item 16.A.3.
coT rier cAmnty
g
Adnist,ative Services Division
Purchasing
Attachment 2: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: RFP 11-5631R Design -Build Naples Manor Sidewalk Improvement
Dear Commissioners:
The undersigned, as Vendor declares that this proposal is made without connection or arrangement
with any other person and this proposal is in every respect fair and made in good faith, without collusion
or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the
purpose of establishing a formal contractual relationship between the firm and Collier County, for the
performance of all requirements to which the proposal pertains. The Vendor states that the proposal is
based upon the proposal documents listed in the solicitation noted above.
Statement Continued
23
Packet Page -1256-
PROPOSAL CONTINUED
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this
in the State of
Firm's Legal Name:
Firm's Dun and Bradstreet
Number (DUNS)
(Found at www.dnb.com)
Central Contractor Registration
number (CCR)
(Found at www.ccr.gov)
Florida Certificate of Authority
Document Number
(htto: / /www.sunbiz.org)
Federal Tax Identification
Number
Is your firm a Section 3 HUD
certified business?
Address:
City, State, Zip Code:
Telephone:
Check on of the following:
Signature by:
(Typed and written)
Title:
Send payments to:
(required if different from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
FAX:
Office servicing Collier County
to place orders
(required if different from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
7/24/2012 Item 16.A.3.
day of , 20_ in the County of
Yes No
FAX
❑ Sole Proprietorship ❑ Corporation or P. A. State of
❑ Limited Partnership ❑ General Partnership
Additional Contact Information
Company name used as payee
Email
Email
24
Packet Page -1257-
7/24/2012 Item 16.A.3.
Coler County
Adrrtnistabve Services Dv sign
Pumhasing
Attachment 3: Conflict of Interest Affidavit
By the signature below, the firm (employees, officers and /or agents) certifies, and hereby discloses, that, to
the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned
interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work;
and bear on whether the firm (employees, officers and /or agents) has a possible conflict have been fully
disclosed.
Additionally, the firm (employees, officers and /or agents) agrees to immediately notify in writing the
Purchasing /General Services Director, or designee, if any actual or potential conflict of interest arises during
the contract and /or project duration.
Firm:
Signature and Date:
Print Name
Title of Signatory
State of _
County of _
SUBSCRIBED AND SWORN to before me this
by
identification
Notary Public
My Commission Expires
day of 2011,
who is personally known to me to be the
for the Firm, OR who produced the following
25
Packet Page -1258-
7/24/2012 Item 16.A.3.
Coo Yer Couwty
Ads' nisu ve Services Dwiv m
Pur,J,asina
Attachment 4: Immigration Law Affidavit Certification
RFP 11 -5631R Design -Build Naples Manor Sidewalk Improvements
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors are required to enroll in
the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the
vendor's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page
or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to include this
Affidavit and acceptable evidence of enrollment in the E- Verify program may deem the Vendor's proposal as
non - responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)
of the Immigration and Nationality Act ( "INA ").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of
the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall
be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration
Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding
with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated
by the Department of Homeland Security in partnership with the Social Security Administration at the time of
submission of the Vendor's / Bidder's proposal.
Company Name
Print Name Title
Signature
State of _
County of
Date
The foregoing instrument was signed and acknowledged before me this day of , 2011 by
who has produced
(Print or Type Name)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number /Expiration
as identification.
(Type of Identification and Number)
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
26
Packet Page -1259-
7/24/2012 Item 16.A.3.
Ier minty
AddrrrmstmVve Services Dmsion
Purchasing
Attachment 5: Insurance and Bonding Requirements
Insurance / Bond Type
Required Limits
1. ® Worker's
Compensation
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
2. ® Employer's Liability
$500.000 single limit per occurrence
3. ® Commercial General
Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current
$1.000.000 single limit per occurrence
ISO form
4. ® Indemnification
To the maximum extent permitted by Florida law, the
ContractorNendor /Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone
employed or utilized by the ContractorNendor /Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence
of Collier County.
4. ® Automobile Liability
$ 1.000.000 Each Occurrence; Bodily Injury & Property Damage,
Owned /Non- owned /Hired; Automobile Included
5. ® Other insurance as
noted:
❑ Watercraft $ Per Occurrence
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicab e to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
® Professional Liability $ Per Occurrence
• $ 500,000 each claim and in the aggregate
• $1,000,000 each claim and in the aggregate
• $2,000,000 each claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
Packet Page -1260-
7/24/2012 Item 16.A.3.
6. ® Bid /Proposal bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A -" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Vendor shall provide County with certificates of insurance meeting the
required insurance provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board
of County Commissioners in Collier County, OR Collier County Government, OR Collier County.
11. ® Thirty (30) Days Cancellation Notice required.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may
be required within five (5) days of the award of this solicitation.
Name of Firm
Vendor Signature
Print Name
Insurance Agency
Agent Name
Date
Telephone Number
28
Packet Page -1261-
7/24/2012 Item 16.A.3.
coler County
adnyn r(ve Semces Dmsion
Purhasing
Attachment 6: Vendor's Non - Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise
and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not
wishing to respond to this solicitation.
If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below
and return this form via email or fax, noted on the cover page, or mail Collier County Government,
Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.
We are not responding to this RFP for the following reason(s):
❑ Services requested not available through our company.
❑ Our firm could not meet specifications /scope of work.
❑ Specifications /scope of work not clearly understood or applicable (too vague, rigid, etc.)
❑ Project is too small.
❑ Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address:
❑ Other reason(s):
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name:
Date
29
Packet Page -1262-
C,o ter County
Admmsw adv Semoes Dmsjon
Purchasing
Attachment 7: Reference Questionnaire
RFP 11 -5690 CE Services for Davis & 175
Reference Questionaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name:
Email:
(Evaluator completing reference questionaire)
FAX:
7/24/2012 Item 16.A.3.
Company:
(Evaluator's Company completing reference)
Telephone:
Collier County is implementing a process that collects reference information on firms and their key personnel to be used
in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as
a client for which they have previously performed work. Please complete the survey.
Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very
satisifed (and would hire the firm /individual again) and 1 representing that you were very unsatisfied (and would never
hire the firm /indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it
blank and this item will not be added to the total reference score.
Project Completed: _
Project Original Budget:
# of Change Orders _
Date Completed:
Ending Project Cost:
Item
Citeria
Score
1
Ability to manage the project costs (minimize change orders to scope).
2
Ability to maintain project schedule (complete on -time or early).
3
Quality of work.
4
Quality of consultative advice provided on the project.
5
Professionalism and ability to manage personnel.
6
Close out project process (final product turnover; invoices; manuals or going
forward documentation, etc.)
7
Ability to verbally communicate and document information clearly and succinctly.
8
Ability to manage risks and unexpected project circumstances.
9
Ability to follow agency's policies, procedures, rules, regulations, etc.
10
Overall comfort level with hiring the company in the future (customer satisfaction).
Please FAX this completed survey to:
By
30
Packet Page -1263-
?/24/2012 Item 16.A.3.
ATTACHMENT 8
PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS, that we
(herein after called the Principal) and
(herein called the Surety), a
corporation chartered and existing under the laws of the State of with its principal offices in
the city of and authorized to do business in the State of are held and
firmly bound unto the (hereinafter called the
Owner), in the full and just sum of dollars
($ ) good and lawful money of the United States of America, to be paid upon demand of the
Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their
heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor,
materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the
Project known as Design -Build Naples Manor Sidewalk Improvement - RFP No. 11 -5631 R.
NOW, THEREFORE, if the Owner shall accept the RFP of the PRINCIPAL and the PRINCIPAL shall enter
into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in
accordance with the terms of such RFP, and give such bond or bonds in an amount of 100% the total
Contract Amount as specified in the Proposal Documents or Contract Documents with good and sufficient
surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and
supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such
Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the
PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ noted above as liquidated
damages, and not as a penalty, as provided in the RFP Documents, then this obligation shall be null and void,
otherwise to remain in full force and effect.
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and
sealed this day of , 20_.
go
Countersigned
Local Resident Producing Agent for
Principal
(Seal)
Surety
(Seal)
31
Packet Page -1264-
7/24/2012 Item 16.A.3.
Attachment 9 — Price Proposal Page
Include in 'Separate Sealed Envelope with Technical Proposal Package
COLLIER COUNTY
PRICE PROPOSAL FORM
SOLICITATION: RFP 11 -5631R
PROJECT DESCRIPTION: DESIGN -BUILD NAPLES MANOR SIDEWALK IMPROVEMENT
PROPOSED CONTRACT TIME: Days Substantial Total Days
Item Description
Design Build
TOTAL LUMP SUM PRICE
DESIGN BUILD FIRM NAME:
DESIGN BUILD FIRM ADDRESS:
DESIGN BUILD FIRM
Unit
LS
SIGNATURE:
PRINTED NAME:
TITLE:
Provide Dun & Bradstreet Rating:
Quantity Price
1
Include in Separate Sealed Envelope with Technical Proposal Package
32
Packet Page -1265-
7/24/2012 Item 16.A.3.
EXHIBIT A
Design Criteria Package
Provided it Sepalrate File
33
Packet Page -1266-
7/24/2012 Item 16.A.3.
EXHIBIT B
Scope of Work
The Transportation Engineering Department, is seeking the professional services of a Design -Build Firm to
provide services for Sidewalk Improvements to Naples Manor. The contract, if awarded, will be based on
the selection criteria stated within this RFP document.
The Design -Build team shall meet the stated requirements to provide for design and construction of a
sidewalk system in the Naples Manor subdivision. The Design -Build Firm shall be responsible for survey,
stormwater system modifications, design, acquisition of all permits not acquired by the County, any required
modification of permits acquired by the County, maintenance of traffic, demolition, and construction. The
Design -Build Firm will coordinate all utility relocations.
The Design and Construction Criteria sets forth requirements regarding survey, design, construction, and
maintenance of traffic during construction, requirements relative to project management, scheduling, and
coordination with other agencies and entities such as state and local government, utilities and
environmental permitting agencies, and the public.
The Design -Build Firm shall demonstrate good project management practices which include timely
communication with the County staff and others as necessary, management of time and resources, and
documentation. If any requirements listed are unclear it is the intent of this RFP to adhere to Collier County
policy and FDOT guidelines.
The County will provide contract administration, management services, Quality Assurance including
Construction Engineering and Inspection oversight services and quality acceptance reviews of all work
associated with the development and preparation of the contract plans and construction of the
improvements. The County will provide job specific information and /or functions as outlined in this
document.
Threshold Requirements.
If the Proposer is a joint venture, the individual empowered by a properly executed Declaration of Joint
Venture and Power of Attorney Form shall execute the proposal. The proposal shall clearly identify who will
be responsible for the engineering, quality control, geotechnical and construction portions of the work,
fulfilling the requirements of the contract.
The County will enter into a Lump Sum contract with the successful Design Build firm. The Design Build firm
will provide a schedule of values to the County for their approval. The total of the Schedule of Values will be
the lump sum contract amount. The terms and conditions of this contract are fixed price and fixed time. The
Design Build firm's submitted bid (time and cost) is to be a lump sum bid for completing the scope of work
detailed in the Request for Proposal
Proiect Requirements and Provisions for Work:
Governing Regulations:
The services performed by the Design -Build Firm shall be in compliance with all applicable Manuals and
Guidelines including the FDOT, FHWA, AASHTO, and additional requirements specified in this document.
Except to the extent inconsistent with the specific provisions in this document, the current edition, including
updates, of the following Manuals and Guidelines shall be used in the performance of this work. Current
edition is defined as the edition in place at the date of advertisement of this contract. It shall be the Design -
Build Firm's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work
required to complete this project. The services will include preparation of all documents necessary to
complete the project as described in Section I of this document.
34
Packet Page -1267-
7/24/2012 Item 16.A.3.
Geotechnical Services:
General Conditions:
The Design -Build Firm will be responsible for identifying and performing any geotechnical investigation,
analysis, and design dictated by the project needs. All geotechnical work necessary shall be performed in .,.
accordance with the governing regulations.
The Design -Build Firm shall provide the County signed and sealed design and construction reports, if
applicable. The reports shall be a record set of all geotechnical information, including relevant support
data.
Environmental Permits:
Storm Water and Surface Water:
Plans shall be prepared in accordance with Chapter 62 -25, Regulation of Storm water Discharge, Florida
Administrative Code. The Design -Build Firm shall verify the existing condition and remaining capacity and
determine if system upgrades will be needed. However, notwithstanding anything above to the contrary,
upon the Design -Build Firm's preliminary request for extension of Contract Time, being made directly to the
County's Project Manager, the County reserves unto the Project Manager, in his sole and absolute
discretion, according to the parameters set forth below, the authority to make a determination to grant a
non - compensabe time extension for any impacts beyond the reasonable control of the Contractor in
securing permits. Furthermore, as to any such impact, no modification provision will be considered by the
Project Manager unless the contractor clearly establishes that it has continuously from the beginning of the
project aggressively, efficiently and effectively pursued the securing of the permits including the utilization
of any and all reasonably available means and methods to overcome all impacts. There shall be no right of
any kind on behalf of the Contractor to challenge or otherwise seek review or appeal in any forum of any
determination made by the Project Manager under this provision.
Verification of Existing Conditions:
The Design -Build Firm shall be responsible for verification of existing conditions, including research of all
existing County records and other information. By execution of the contract, the Design -Build Firm
specifically acknowledges and agrees that the Design -Build Firm is contracting and being compensated for
performing adequate investigations of existing site conditions sufficient to support the design developed by
the Design -Build Firm and that any information is being provided merely to assist the Design -Build Firm in
completing adequate site investigations. Notwithstanding any other provision in the contract documents to
the contrary, no additional compensation will be paid in the event of any inaccuracies in the preliminary
information.
Submittals:
Plans:
Plans must meet the minimum contents of a particular phase submittal prior to submission for review. The
Design -Build Firm shall provide copies of the required documents as listed below for each review.
60% Component Plans (PFD file)
90% Component Plans (PDF File)
• set of 11" X 17" plans
• set of utility and permit documentation
• copy of Technical Special Provisions
35
Packet Page -1268-
7/24/2012 Item 16.A.3.
Final Component Plans (PDF File)
• set of 11 "X 17" signed and sealed plans
• "Schedule of Values ".
• set of final utility and permit documentation
• signed and sealed copy of Specifications Package
Certified Records Drawings:
The Design -Build Firm shall ,,h.,n + rQ.-,r4 -�,� „n G ncr the County's Procedures. The Design -Build Firm
shall furnish to the County, upon project completion, the following:
±s of 11” X 17" signed and sealed certified record drawings
1 set of rir, ! utility and permit documentation (if different from final component
submittal)
1 set of final CADD files on CD
The Design -Build Firm's Professional Engineer in responsible charge of the project's design shall
professionally endorse (sign, seal and certify) the record prints, the special provisions and all reference and
support documents. The professional endorsement shall be performed in accordance with the FDOT Plans
Preparation Manual. Certified records of drawings must be submitted prior to final acceptance of the
project.
Project Schedule:
The Design -Build Firm shall submit a project schedule, (Design -Build Division I Specifications), to establish
contract duration as part of the Technical Proposal. The proposed schedule should allow ten (10) working
days for County review of design submittals. The project schedule shall be submitted to the County.
The minimum number of activities shall be those listed, but not limited to, in the payout schedule and those
listed below:
• Anticipated Award Date
• Design Submittals
• Design Survey
• Design Reviews by the County
• Design Review/ Acceptance Milestones
• Materials Quality Tracking
• Start of Construction
• Clearing and Grubbing
• Construction Mobilization
• Embankment/Excavation
• Environmental Permit Acquisition
• Maintenance of Traffic Design
• Maintenance of Traffic Set -Up (per duration)
• Erosion Control
• Additional Construction Milestones as determined by the Design -Build Firm
• Final Completion Date for All Work
The Design — Build Firm's schedule should allow for a ten (10) working day review time for the County's
review of the ninety percent (90 %) design. The review period commences upon the County's receipt of the
valid submittal or re- submittal and terminates upon the transmittal of the submittal back to the Contractor.
The County's review is not meant to be a complete and detailed review.
=final signed and sealed plans will be delivered to the County's Project Manager a minimum of five (5)
working days prior to construction of that component. The County's Project Manager will send the final
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7/24/2012 Item 16.A.3.
signed and sealed plans to the appropriate office for review and stamping "Released for Construction ".
Only stamped signed and sealed plans are valid and all work that the Contractor performs in advance of the
County's release of Plans will be at the Contractor's risk. AAW
The construction of sidewalks in Naples Manor shall be on the following (priority) streets:
• Broward Street (US 41 to East Carolina Ave)
• Trammel Street (Floridan Ave to Texas Ave)
• Fleming Street (Floridan Ave to Texas Ave)
• Gilchrist Street (Floridan Ave to Texas Ave)
• Caroline Ave (Texas to McCarty St)
• Broward Street North Side (US 41 to East of Carolina Ave)
Sidewalks on all streets will be 5 feet wide with 6 inches of concrete. The design will be per the FDOT
Standard Specifications for Road and Bridge Construction 2010 and FDOT Plans Preparations
Manual January 2011, Update, Volume 1, Chapter 8, as amended to date, and the FDOT Design
Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System
2010, as amended to date.
Key Personnel /Staffing:
The Proposer's personnel and management to be utilized for this project shall be knowledgeable in their
areas of expertise. The County reserves the right to perform investigations as may be deemed necessary
to insure that competent persons will be utilized in the performance of the contract. Selected firm shall
assign as many people as necessary to complete the project on a timely basis, and each person assigned
shall be available for an amount of time adequate to meet the dates et forth in the Project Schedule. The
Design -Build Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed
replacements have substantially the same or better qualifications and /or experience; and (2) That the
County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts
to notify Collier County within seven (7) days of the change. The County retains final approval of proposed
replacement personnel.
The Design -Build Firm's work shall be performed and directed by key personnel identified in the proposal
presentations by the Design -Build Firm. Any changes in the indicated personnel shall be subject to review
and approval by the County's Project Manager. The Design -Build Firm shall have available for this contract,
a professional staff that meets the minimum training and experience set forth in Florida Statue Chapter 455.
Quality Management Plan (QMP):
1. Design: The Design -Build Firm shall be responsible for the professional quality, technical accuracy and
coordination of all surveys, designs, drawings, specifications, geotechnical and other services furnished by
the Design -Build Firm under this contract.
The Design -Build Firm shall provide a Design Quality Management Plan, which describes the Quality
Control (QC) procedures to be utilized to verify, independently check, and review all design drawings,
specifications, and other documentation prepared as a part of the contract. In addition, the QMP shall
establish a Quality Assurance (QA) program to confirm that the Quality Control procedures are followed.
The Design -Build Firm shall describe how the checking and review processes are to be documented to
verify that the required procedures were followed. The QMP may be one utilized by the Design -Build Firm,
as part of their normal operation or it may be one specifically designed for this project. The Design -Build
Firm shall submit a QMP within fifteen (15) working days of the written Notice to Proceed. A marked up set
of prints from the Quality Control review will be sent in with each review submittal. The responsible
Professional Engineers or Professional Surveyor that performed the Quality Control review, as well as the
QA manager will sign a statement certifying that the review was conducted.
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7/24/2012 Item 16.A.3.
The Design -Build Firm shall, without additional compensation, correct all errors or deficiencies in the
surveys, designs, drawings, specifications and /or other services. No fabrication, casting, or construction will
occur until all related design review and shop drawing review comments are resolved.
2. Construction:
The Design -Build Firm shall be responsible for developing and maintaining a Construction Quality Control
Plan in accordance with Section 105 of FDOT Standard Specifications which describes their Quality Control
procedures to verify, check, and maintain control of key construction processes and materials.
The sampling, testing and reporting of all materials used shall be in compliance with the Sampling, Testing
and Reporting Guide (STRG). The Design -Build Firm will allow audits of materials used to assure
compliance with the STRG. The Design -Build Firm shall use appropriate material details from the STRG to
report sampling and testing.
The Design -Build Firm shall prepare and submit to the Engineer a Job Guide Schedule (JGS). The County
shall maintain the right to inspect construction activities and request any documentation from the Design -
Build Firm to ensure quality products and services are being provided in accordance with County policy.
Liaison Office:
The County and the Design -Build Firm will designate a Liaison Officer and a Project Manager who shall be
the representative of their respective organizations for the project.
Construction Engineering and Inspection:
The Design -Build Firm is subject to the County's Internal Audit (IA) procedures.
Testing:
The County or its representative will perform verification and resolution testing services in accordance with
the latest Specifications. The County or its representative shall perform verification sampling and testing on
site as well as off site locations such as press- stress plants, batch plants, structural steel and weld,
fabrication plants, etc.
Contractor GuaranteedNalue Added:
The Design -Build Firm shall provide Contractor GuaranteedNalue Added, in accordance with this contract,
Contractor Guaranteed Project Feature, included as an Attachment, to its Proposal as a minimum for the
following features:
• Pavement
• Drainage systems,
• Expansion joints
• Approach slabs
• Substructure
• Structure drainage systems
• Concrete defects
Adjoining Construction Projects:
The Design -Build Firm shall be responsible for coordinating construction activities with other construction
projects that are impacted by or impact this project.
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7/24/2012 Item 16.A.3.
Design Issue Escalation:
The County has established the issue escalation process for design questions and conflict resolution that
the Design -Build Firm shall follow. All issues are to be directed to the County Project Manager. If the issue
cannot be resolved at this level the County Project Manager shall forward the issue to the next level in the
process. The escalation process begins with the Principal Project Manager, followed by the Director of
Transportation/TECM, and finally to the Administrator. Each level shall have a maximum of three
(3) working days to answer, resolve or address the issue. This three (3) day window is a response time and
does not infer resolution. Questions may be expressed verbally and followed up in writing. The County
Project Manager will respond in a timely manner but not to exceed three (3) working days. The Design -Build
Firm shall provide any available supporting documentation.
The Design -Build Firm shall provide a similar issue escalation process for its organization with personnel of
similar levels of responsibility.
Construction Clarification, Conflict Resolution, and Issue Escalation:
In the event that construction problems occur, the resolution of those problems will be processed in one of
the following two ways:
If the resolution does not change the original intent of the technical proposal /RFP, then the
Design -Build Firm Engineer of Record (EOR) will be responsible for developing the design
solution to the construction problem and the Project Manager will be responsible for review and
response within ten (10) working days. The Project Manager will either concur with the
proposed solution or, if the Principal Project Manager has concerns, the issue will be escalated
as described in the process above.
If the resolution does alter the original intent of the technical proposal /RFP then the FOR will
develop the proposed solution, copy the Project Manager, and send it to the Project Manager
for review and response through the County Project Manager. The Project Manager will
respond to the proposed solution within ten (10) working days. The Contractor will either concur
with the proposed solution or, if the Project Manager has concerns, the issue will be escalated
as described in the process below. Changes to the original intent of the technical proposal /RFP
will require a contract change order and approval.
Note: there is heavy pedestrian traffic related to the school within the project area. Pedestrians will need to
be accommodated during construction per FDOT Design Index 600. In addition, Contractor shall provide
on -site supervision of all freshly placed concrete to avoid vandalism & marking of sidewalk. All vandalized
& marked concrete shall be removed & replaced at contractor's expense. If damaged, full panels will be
removed and replaced.
On Carolina Avenue there are several inlets with associated piping under the sidewalk. In some areas this
may be necessary due to limited ROW. However, if ROW allows, piping and inlets may not be required and
it is preferable to not have the inlets located inside the sidewalk. The back of sidewalk should have at least
a 2' flat area so as to not require use of handrail as indicated in the FDOT Plans Preparation Manual
Volume I (See Figure 8.2 in manual for details). If inlets are installed within one foot of the sidewalk edge or
inside the sidewalk, then steel grates should be used per the FDOT Design Standards. The drainage canal
crossing Carolina Avenue east of Sholtz Street is a Collier County drainage easement. Drainage
improvements may be installed inside this easement if necessary.
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7/24/2012 Item 16.A.3.
INSTRUCTION TO PROPOSERS
Proposal Guaranty Requirements: No Proposal shall be considered or accepted unless at the time of
Proposal 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 Proposal Bond, in an amount not less than 5% of
the Proposer's maximum possible award (base bid plus all add alternates) (collectively referred to herein as
the "Proposal Deposit ") and in the form of Attachment. The proposal guaranty shall accompany the lump
sum Bid Proposal, Attachment to this RFP. The Proposal Guaranty (or Proposal Bond) 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. Proposal 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. Proposal Deposits of the
top three (3) shortlisted Firms shall be held until the Agreement has been executed by the successful
Proposer and same has been delivered to Owner together with the required bonds and insurance, after
which all three (3) Bonds shall be returned to the respective Proposers. All other Bonds shall be released
within ten (10) working days of the Proposal Opening. No Proposal, including alternates, shall be withdrawn
within one hundred and twenty (120) days after the public opening thereof. If a Propsoal is not accepted
within said time period it shall be deemed rejected and the Proposal Bond shall be returned to Proposer. In
the event that the Owner awards the contract prior to the expiration of the one hundred twenty (120) day
period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the
Successful Proposer said alternates at a later time but no later than one hundred twenty (120) days from
opening, unless otherwise agreed by the Purchasing Director and the Successful Proposer.
Interpretation of Estimated Quantities: The Proposer is responsible for the determination of the
quantities for those items constructed within the authorized plan limits or dimensions. The County does not
assume any responsibility for any incidental information in solicitation documents that may be construed as
a quantity of work and /or materials.
Examination of Plans. Specifications, Special Provisions & Site of Work: Examine the Contract
Documents and the site of the proposed work carefully before submitting a proposal for the work
contemplated. Investigate the conditions to be encountered, as to the character, quality, and quantities of
work to be performed and materials to be furnished and as to the requirements of all Contract Documents.
The submission of a proposal is prima facie evidence that the bidder has made an examination as
described in this Article.
CONTRACT AWARD AND EXECUTION
General: If the County decides to award the Contract, the County will award the Contract to the highest
ranking responsible Proposer whose proposal complies with all the Contract Document requirements. If
awarded, the County will award the Contract within one hundred and eighty (180) days after the opening of
the proposals, unless the Special Provisions change this time limit or the Proposer and the County extends
the time period by mutual consent. Prior to award of the Contract by the County, a Contractor must provide
proof of authorization to do business in the State of Florida.
Intent of Contract. The intent of the Contract is to provide for the engineering services, furnishing of
materials, construction, and completion in every detail of the work described in this RFP. The Design -Build
Firm shall furnish all engineering and all of its associated direct and indirect costs, construction labor,
materials, equipment, supervision, tools, transportation, and supplies required to complete the work in
accordance with the requirements of the Contract Documents. The terms and conditions of this Contract are
fixed price and fixed time. The Contractor's submitted price (time and cost) is to be a lump sum Proposal for
completing the scope of work detailed in the Contract.
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EXHIBIT C
DESIGN -BUILD SPECIFICATIONS.
GENERAL REQUIREMENTS
DEFINITIONS AND TERMS
General.
7/24/2012 Item 16.A.3.
Within Divisions I and II of the specifications, sentences that direct the Contractor to perform work are
written in the active voice - imperative mood. These directions to the Contractor are written as commands. In
the imperative mood, the subject "the Proposer' or "the Contractor" is understood.
All other requirements to be performed by others, with the exception of the Method of Measurement and the
Basis of Payment Articles, have been written in the active voice, but not in the imperative mood. Sentences
written in the active voice identify the party responsible for performing the action. For example, "The
Engineer will determine the density of the compacted material." Certain requirements of the Contractor may
also be written in the active voice, rather than active voice - imperative mood.
Abbreviations. The following abbreviations, when used in the Contract Documents, represent the full text
shown:
AAN American Association of Nurserymen, Inc.
AASHTO American Association of State Highway and Transportation Officials
ACI American Concrete Institute
AGC The Associated General Contractors of America, Inc.
AGMA American Gear Manufacturers Association
AIA American Institute of Architects.
AISI American Iron and Steel Institute
ANSI American National Standards Institute, Inc.
AREA American Railway Engineering Association
ASCE American Society of Civil Engineers
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AWG American Wire Gauge
AWPA American Wood Preservers Association
AWS American Welding Society
AWWA American Water Works Association
CRSI Concrete Reinforcing Steel Institute
EASA Electrical Apparatus Service Association
EPA Environmental Protection Agency of the United States Government
FDOT Florida Department of Transportation
FHWA Federal Highway Administration
FSS Federal Specifications and Standards
IEEE Institute of Electrical and Electronics Engineers
IES Illuminating Engineering Society
IPCEA Insulated Power Cable Engineers Association
ISO International Organization for Standards
MSTCSD Minimum Specifications for Traffic Control Signals and Devices
MUTCD Manual on Uniform Traffic Control Devices
NEC National Electrical Code
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
NIST National Institute for Standards and Technology
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7/24/2012 Item 16.A.3.
NOAA National Oceanic and Atmospheric Administration
OSHA Occupational Safety and Health Administration
SAE Society of Automotive Engineers
SI International System of Units
SSPC Steel Structures Painting Council
UL Underwriters' Laboratories
Each of the above abbreviations, when followed by a number or letter designation, or combination of
numbers and letters, designates a specification, test method, or other code or recommendation of the
particular authority or organization shown. Use standards, specifications, test methods, or other codes as
specified in the current edition at the time of the bid opening.
Definitions: The following terms, when used in the Contract Documents, have the meaning described:
Adjusted Score - Design /Build: A Design /Build Contract on which the Contract award is based on the
highest adjusted score.
Advertisement: The public announcement, as required by law, inviting bids for work to be performed or
materials to be furnished, usually issued as "Notice to Contractors," or "Notice to Bidders ".
Architect: The Architect as defined in Section 481.203 (3) Florida Statutes.
Architect of Record: The Architect or Architectural Firm registered in the State of Florida that performs
services for the Design -Build Firm in connection with the design and construction of buildings.
Architecture: The practice of architecture as defined in Section 481.203(6) Florida Statutes.
Article: The numbered prime subdivision of a Section of these Specifications.
Bid Proposal: Bid Proposal means a separate technical proposal and a sealed price proposal submitted
by each Design -Build Firm.
Bidder /Proposer: An individual, firm, or corporation submitting a proposal for the proposed work. The
word "Bidder" is also be deemed to include a Design -Build Firm submitting a proposal for the proposed
work.
Calendar day: Every day shown on the calendar, ending and beginning at midnight.
Change Order: A written order issued by the County and accepted by the Contractor, covering minor
changes in the plans, specifications, or quantities of work, within the scope of the Contract, when prices for
the items of work affected are previously established in the Contract.
Consultant: The Professional Engineer or Engineering Firm, or the Architect or Architectural Firm,
registered in the State of Florida and under Contract to the County to perform professional services. The
consultant may be the Engineer or Architect of Record or may provide services through and be
subcontracted to the Engineer or Architect of Record.
Contract: The term "Contract" means the entire and integrated agreement between the parties hereunder
and supersedes all prior negotiations, representations, or agreements, either written or oral. The Contract
Documents form the Contract between the County and the Contractor setting forth the obligations of the
parties hereunder, including, but not limited to, the performance of the Work and the basis of payment.
Contract Claim (Claim): A written demand submitted to the County by the Contractor seeking additional
monetary compensation, time, or other adjustments to the Contract, the County disputes the entitlement or
impact of which.
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7/24/2012 Item 16.A.3.
Contract Documents: The term "Contract Documents" includes: Advertisement, Request for Proposal
(RFP), the Design and Construction Criteria Package, Proposal, Certification as to Publication and Notice of
Advertisement for Proposal, Appointment of Agent by Nonresident Contractors, Noncollusion Affidavit,
Warranty Concerning Solicitation of the Contract by Others, Resolution of Award of Contract, Executed
Form of Contract, Performance Bond and Payment Bond, Design Liability Insurance, Standard
Specifications and modifications thereto plans, Addenda, written statements or transcripts or minutes of oral
representation by Design -Build Firm made at oral presentations, or other information mailed or otherwise
transmitted to the prospective bidders prior to the receipt of bids, change orders, field supplemental
agreements, work orders, and supplemental agreements, all of which are to be treated as one instrument
whether or not set forth at length in the form of Contract.
Contract Time: The number of calendar days allowed for completion of the Contract Work, including
authorized time extensions.
Contractor: The individual, firm, joint venture, or company contracting with the County to perform the work.
The word "Contractor" is also deemed to include a Design -Build Firm contracting with the County for
performance of work, including all engineering services and furnishing of materials.
Controlling Work Items: The activity or work item on the critical path having the least amount of total float.
The controlling item of work will also be referred to as a Critical Activity.
Culverts: Any structure not classified as a bridge that provides an opening under the roadway.
Delay: Any unanticipated event, action, force or factor, which extends the Contractor's time of performance
of any controlling work item under the Contract. The term "delay" is intended to cover all such events,
actions, forces or factors, whether styled "delay ", "disruption ", "interference ", "impedance ", "hindrance ", or
otherwise, which are beyond the control of and not caused by the Contractor, or the Contractor's AW
subcontractors, materialmen, suppliers or other agents. This term does not include "extra work ".
County: Collier County Board of County Commissioners or their designee.
Design and Construction Criteria Package (DCC): Criteria for Contractor Prepared Design, Project
Concept Report, Scope of Work and Service, and all other documents attached thereto; and which, together
set forth the criteria for work to be provided to complete this Contract.
Design -Build (D -B): Design -Build means combining the project's design and construction phases, and in
some cases construction engineering and inspection, into a single Contract.
Design -Build Firm: Design -Build Firm means any company, firm, partnership, corporation, association,
joint venture, or other legal entity permitted by law to practice engineering, architecture, and construction
contracting, as appropriate, in the State of Florida.
Designer of Record: The Architect of Record or the Engineer of Record.
Developmental Specification: See definition for Specifications.
Engineer: The Director, Office of Construction, acting directly or through duly authorized representatives;
such representatives acting within the scope of the duties and authority assigned to them. Note: In order to
avoid cumbersome and confusing repetition of expressions in these Specifications, it is provided that
whenever anything is, or is to be done, if, as, or, when, or where "acceptable, accepted, approval,
approved, authorized, condemned, considered necessary, contemplated, deemed necessary, designated,
determined, directed, disapproved, established, given, indicated, insufficient, ordered, permitted, rejected,
required, reserved, satisfactory, specified, sufficient, suitable, suspended, unacceptable, or unsatisfactory,"
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7/24/2012 Item 16.A.3.
it shall be understood as if the expression were followed by the words "by the Engineer," "to the Engineer,"
or "of the Engineer."
Equipment: The machinery and equipment, together with the necessary supplies for upkeep and
maintenance thereof, and all other tools and apparatus necessary for the construction and acceptable
completion of the work.
Extra Work: Any "work" which is required by the Engineer to be performed and which is not otherwise
covered or included in the project by the existing Contract Documents, whether it is in the nature of
additional work, altered work,. deleted work, work due to differing site conditions, or otherwise. This term
does not include a "delay ".
Highway, Street, or Road: A general term denoting a public way for purposes of vehicular travel, including
the entire area within the right -of -way.
Holidays: Days designated by the County as holidays, which include, but are not limited to, New Year's
Day, Martin Luther King's Birthday, President's Day, Memorial Day, Independence Day, Labor Day,
Veterans' Day, Thanksgiving Day, Friday following Thanksgiving, and the following Friday, Christmas Eve
and Christmas Day.
Inspector: An authorized representative of the Engineer, assigned to make official inspections of the
materials furnished and of the work performed by the Contractor.
Laboratory: The official testing laboratory shall be an approved facility.
Materials: Any substances to be incorporated in the work under the Contract.
Median: The portion of a divided highway or street separating the traveled ways for traffic moving in
opposite directions.
Plans: The signed and sealed plans prepared by the FOR and accepted by the County, including
reproductions thereof, showing the location, character, dimensions, and details of the work. Upon review by
the County, the plans will be stamped "Released for Construction" dated and initialed by the reviewer.
Project: Project means the project to be designed and constructed as described in the public
advertisement.
Project Manager: The County's designee responsible for the administration of the Design -Build Contract.
Proposal Guaranty: The security furnished by the Proposer as guaranty that the bidder will enter into the
Contract for the work if the County accepts the proposal.
Request for Proposal (RFP): The package to be provided to the short- listed Design -Build Firms is the
adjusted score design -build method. The RFP defines all functions and responsibilities by the firm.
Right -of -Way: The land that the County has title to, or right of use, for the road and its structures and
appurtenances.
Section: A numbered prime division of these Specifications.
Shoulder: The paved or unpaved portion of the roadbed outside the edges of the traveled way or back of
curb, and extending to the top of front slopes.
Special Provisions: See definition for Specifications.
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7/24/2012 Item 16.A.3.
Specialty Engineer: A Professional Engineer registered in the State of Florida, other than the Engineer of
Record or his subcontracted consultant, who undertakes the design and drawing preparation of
components, systems, or installation methods and equipment for specific portions of the project work. The
Specialty Engineer may be an employee or officer of the Contractor or a fabricator, an employee or officer
of an entity providing components to a fabricator, or an independent consultant.
The Specialty Engineer must be qualified in accordance with the Rules of the Department of
Transportation, Chapter 14 -75. Any Corporation or Partnership offering engineering services must hold a
Certificate of Authorization from the Florida Department of Business and Professional Regulation.
For items of work not specifically covered by the Rules of the Department of Transportation, a
Specialty Engineer is qualified if he has the following qualifications:
(1) Registration as a Professional Engineer in the State of Florida.
(2) The education and experience necessary to perform the submitted design as
required by the Florida Department of Business and Professional Regulation.
In a Design -Build Contract, requests for acceptance for non - complying work, repair procedures,
shop drawing review, or review of activities directly affecting public safety must be prepared by a firm
independent from both the Specialty Engineer and FOR if Specialty and FOR are same entity. If the
Specialty Engineer and FOR are separate entities, either party may initiate the action; the other shall check
and certify the work as being complete and correct prior to submittal to the Engineer. If the Specialty
Engineer and FOR are the same entity, the Specialty Engineer /EOR will initiate the action of the
independent firm contracted to prepare these requests and the Specialty Engineer /EOR will check and
certify the work of the independent firm as being complete and correct prior to submittal to the Engineer.
Specifications: The directions, provisions, and requirements contained herein, together with all
stipulations contained in the Contract Documents, setting out or relating to the method and manner of
performing the work, or to the quantities and qualities of materials and labor to be furnished under the
Contract.
A. Standard Specifications: "Standard Specifications for Road and Bridge Construction" a bound book,
applicable to all County Contracts containing adopted requirements, setting out or relating to the
method or manner of performing work, or to the quantities and qualities of materials and labor.
B. Supplemental Specifications: Approved additions and revisions to the Standard Specifications,
applicable to all County Contracts.
C. Special Provisions: Specific clauses adopted by the County that add to or revise the Standard
Specifications or supplemental specifications, setting forth conditions varying from or additional to the
Standard Specifications applicable to a specific project.
D. Technical Special Provisions: Specifications, of a technical nature, prepared, signed, and sealed by
an Engineer registered in the State of Florida other than the State Specifications Engineer or his
designee, which are made part of the Contract as an attachment to the Contract Documents.
E. Developmental Specification: A specification developed around a new process, procedure, or
material.
Standard Specifications: See definition for Specifications.
Subarticle: A headed and numbered subdivision of an Article of a Section of these Specifications.
Sub - grade: The portion of the roadbed immediately below the base course or pavement, including below
the curb and gutter, valley gutter, shoulder and driveway pavement. The sub -grade limits ordinarily include
those portions of the roadbed shown in the plans to be constructed to a design bearing value or to be
otherwise specially treated. Where no limits are shown in the plans, the sub -grade section extends to a
depth of twelve inches (12 ") [300 mm] below the bottom of the base or pavement and outward to six inches
(6 ") [150 mm] beyond the base, pavement, or curb and gutter.
Substructure: All of that part of a bridge structure below the bridge seats, including the parapets,
backwalls, and wingwalls of abutments.
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Superintendent: The Contractor's authorized representative in responsible charge of the work
Superstructure: The entire bridge structure above the substructure, including anchorage and anchor bolts,
but excluding the parapets, backwalis, and wingwalls of abutments.
Supplemental Agreement: A written agreement between the Contractor and the County, and signed by
the surety, modifying the Contract within the limitations set forth in these Specifications.
Supplemental Specifications: See definition for Specifications.
Surety: The corporate body that is bound by the Payment and Performance Bonds with and for the Design
Build Firm and responsible for the performance of the Contract and for payment of all legal debts pertaining
thereto.
Technical Special Provisions Requirements: See definition for Specifications.
Traveled Way: The portion of the roadway providing for the movement of vehicles, exclusive of shoulders
and auxiliary lanes.
Unilateral Payment: A payment of money made to the Contractor by the County pursuant to Section
337.11(11) (1997), Florida Statutes for sums the County determines to be due to the Contractor for work
performed on the project, and whereby the Contractor by acceptance of such payment does not waive any
rights the Contractor may otherwise have against the County for payment of any additional sums the
Contractor claims are due for the work.
Work: All labor, materials and incidentals required executing and completing the requirements of the
Contract including superintendence, use of equipment and tools, and all services and responsibilities
prescribed or implied.
Working Day: Any calendar day on which the Contractor works or is expected to work in accordance with
the approved work progress schedule.
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EXHIBIT D
LEGAL REQUIREMENTS
Patented Devices, Materials and Processes.
Include all royalties and costs arising from patents, trademarks, and copyrights, in any way involved in the
work in the Contract price. Whenever using any design, device, material, or process covered by letters
patent or copyright, obtain the right for such use by suitable legal agreement with the patentee or owner of
the copyright. File a copy of such agreement with the Engineer. However, whether or not such agreement is
made or filed as noted, the Contractor and the surety in all cases shall indemnify, defend, and save
harmless, the County from all claims for infringement by reason of the use of any such patented design,
device, material, or process on work under the Contract, and shall indemnify the County for all costs,
expenses, and damages that it may be obliged to pay by reason of any such infringement, at any time
during the prosecution or after the completion of the work.
Right -of -Way Furnished by the County.
Except as otherwise stipulated in the Contract documents, the County will furnish all rights -of -way
necessary for the proper completion of the work at no expense to the Contractor.
Right -of -Way Furnished by the County: Should County- furnished areas for obtaining borrow material,
contain lime rock material; do not remove such material from the pit unless the Engineer gives specific
approval.
Control of the Contractor's Equipment.
Traffic Interference: Do not allow equipment, while it is on or traversing a road or street, to unreasonably
interfere with traffic. The Contractor's equipment on County right -of- way shall clearly and legibly identify the
Design - Build Firm.
Overloaded Equipment: Do not operate on any road or street any hauling unit or equipment loaded in
excess of (1) the maximum weights specified in the Florida Uniform Traffic Control Law, or (2) lower weights
legally established for any section of road or bridge by the County or local authorities. The governmental
unit having jurisdiction over a particular road or bridge may provide exceptions by special permit under
these provisions. This restriction applies to all roads and bridges inside and outside the Contract limits as
long as these roads and bridges are open for public use. The Contractor may overload roads and bridges,
which are to be demolished after they are permanently closed to the public. The Contractor is responsible
for all loss or damages resulting from equipment operated on a structure permanently closed to the public.
Crossings: Where it is necessary to cross an existing road or street, including specifically the existing
traveled lanes of a divided highway within the limits of the project; obtain permits from the County, for
crossing overloaded or oversized equipment. Cross - existing roads or streets only at Engineer- designated
points. The Engineer may require the Contractor to protect the pavement or Roadway at the crossing by
using lumber, planks, or fill. Provide flagging and watchman service, or approved signal devices, for the
protection of traffic at all such crossings, in accordance with an approved written plan for that activity.
Protection from Damage by Tractor -Type Equipment: Take positive measures to ensure that tractor -
type equipment does not damage the road. If any such damage should occur, repair it without delay, at no
expense to the County and subject to the Engineer's approval.
Contractor's Equipment on Bridge Structures: The Specialty Engineer shall analyze the effect of
imposed loads on bridge structures, within the limits of a construction Contract, resulting from the following
operations:
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7/24/2012 Item 16.A.3.
(1) Overloaded Equipment as defined previously:
(a) Operating on or crossing over completed bridge structures.
(b) Operating on or crossing over partially completed bridge structures.
(2) Equipment within legal load limits:
(a) Operating on or crossing over partially completed bridge structures.
(3) Construction cranes:
(a) Operating on completed bridge structures.
(b) Operating on partially completed bridge structures.
Any pipe culvert(s) or box culvert(s) qualifying as a bridge under 1 -3 is excluded from the
requirements above.
A completed bridge structure is a bridge structure in which all elemental components comprising the
load carrying assembly have been completed, assembled, and connected in their final position. The
components to be considered shall also include any related members transferring load to any bridge
structure.
The Specialty Engineer shall determine the effect that equipment loads have on the bridge structure
and develop the procedures for using the loaded equipment without exceeding the structure's design
load capacity.
Submit to the County for approval eight copies of design calculations, layout drawings, and erection
drawings showing how the equipment is to be used so that the bridge structure will not be
overstressed. The Specialty Engineer shall sign and seal one set of the eight copies of the drawings
and the cover sheet of one of the eight copies of the calculations for the County's Record Set.
Posting of the Legal Gross Vehicular Weight: Display the maximum legal gross weight, as specified in
the Florida Uniform Traffic Code, in a permanent manner on each side of any dump truck or dump type
tractor- trailer unit hauling embankment material, construction aggregates, road base material, or hot
bituminous mixture to the project over any public road or street. Display the weight in a location clearly
visible to the scale operator, in numbers that contrast in color with the background and that are readily
visible and readable from a distance of 50 feet [15 m].
Contractor's Use of Streets and Roads:
On Systems Other than the State Highway System: When hauling materials or equipment to the project
over roads and bridges on the State park road system, County road system, or city street system, and such
use causes damage, immediately, at no expense to the County, repair such road or bridge to as good a
condition as before the hauling began.
The County may modify the above requirement in accordance with any agreement the Contractor might
make with the governmental unit having jurisdiction over a particular road or bridge, provided that the
Contractor submits written evidence of such agreement to the Engineer.
On the State Highway System: The Design -Build Firm is responsible for the repair of any damage that
hauling materials to the site causes to roads outside the limits of the project, that are either on the State
highway system (roads under the jurisdiction of the FDOT) or specifically designated in the Contract
Documents as haul roads. The Contractor is responsible for all damages to any road or bridge caused by
the Contractor's failure to comply.
Within the Limits of a Construction Project: The County will not allow the operation of equipment or
hauling units of such weight as to cause damage to previously constructed elements of the project,
including but not necessarily limited to bridges, drainage structures, base course, and pavement. Do not
operate hauling units or equipment loaded in excess of the maximum weights on existing pavements that
are to remain in place (including pavement being resurfaced), cement - treated subgrades and bases,
concrete pavement, any course of asphalt pavement, and bridges. The Engineer may allow exceptions to
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7/24/2012 Item 16.A.3.
these weight restrictions for movement of necessary equipment to and from its worksite, for hauling of
offsite fabricated components to be incorporated into the project, and for crossings as specified in this RFP.
Traffic Signs, Signal Equipment, Highway Lighting and Guardrail: Protect all existing roadside signs,
signal equipment, highway lighting and guardrail, for which permanent removal is not indicated, against
damage or displacement. Whenever such signs, signal equipment, highway lighting or guardrail lie within
the limits of construction, or wherever so directed by the Engineer due to urgency of construction
operations, take up and properly store the existing roadside signs, signal equipment, highway lighting and
guardrail and subsequently reset them at their original locations or, in the case of widened pavement or
roadbed, at locations designated by the Engineer.
The Contractor is responsible for any repairs, replacement, etc., for such temporary and permanent features
and shall not be entitled to any compensation.
General Requirements: The Design -Build Firm shall be responsible for coordinating with all existing utility
companies that have facilities within the job limits or which will be affected in any way by the Project and for
coordinating all utility work with the Project schedule. The Design -Build Firm shall make every attempt to
design around existing utilities, minimizing impacts. Plans shall be provided to the County showing existing
and proposed utility locations and their relationship to the proposed construction. All utility work shall be
done in accordance with the criteria and standards contained in the FDOT's Utility Accommodation Manual.
Design /Build Agreements: The Design -Build Firm may enter into Utility Agreements with certain utility
companies that may have utility facilities located with the limits of the Project. Copies of those agreements
are provided to the Design -Build Firm as part of the Contract Documents. Those agreements govern the
coordination and performance of the utility work for the Project as to the utility entities that have entered into
them. The Design -Build Firm shall fully comply with all obligations of the Firm under those agreements.
When the utility work will be accomplished concurrently with the highway construction Contract involving
facilities owned by other agencies.
Take responsibility to obtain this information and comply with all requirements posted on this web site up
through five calendar days before the opening of bids.
Where utility work must be coordinated with highway construction operations, the portion of the anticipated
utility work period covering such concurrent work may or may not begin on the day highway construction
commences and may or may not be consecutive days.
The anticipated scheduling of new work, adjustments and /or relocation work is included on the Utility
Schedules. More precise scheduling to accomplish utility work in the most expeditious manner that is
feasible will be established at the preconstruction conference as provided. The Utility Schedules must be
used in conjunction with the utility sheets included in the roadway plans.
The Design -Build Firm acknowledges and agrees that the Utility Agency Owners under those agreements is
hereby made an intended third party beneficiary of these provisions with full rights of enforcement under
that status as if it was a party to this Contract as to this provision. This provision is made a part of this
Contract notwithstanding Section 337.11 (1), Florida Statutes, it being agreed by the Design -Build Firm and
the County that said statutory provision prohibits a non -party hereto from claiming incidental third party
beneficiary rights, but does not prohibit the express creation of an intended third party beneficiary.
Utilities Without Design /Build Utility Agreements: The County makes no representation that Design -
Build Agreements have been executed with all utilities that have facilities located with the limits of the
Project. For any utility that has not entered into a Design -Build Utility Agreement, the Design -Build Firm
shall be responsible for performing or arranging for the performance of all utility work. The Design -Build
Firm's responsibilities shall include, but shall not be limited to the following:
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7/24/2012 Item 16.A.3.
1. Locate, by physical exposure and establishment of both vertical and horizontal limits, all existing
facilities within right -of -way limits or impacted by the Project not within right -of -way.
2. Notify and keep informed all Utility Agency /Owner. Notification shall include, but not necessarily
be limited to, sending statutory notices under Section 337.403, Florida Statutes, as agent for the
County, where necessary.
3. Determine what work is necessary for utilities that are impacted, including, but not limited to:
a. Design around if possible,
b. Protect,
c. Adjust,
d. Relocate,
e. Remove.
4. Make arrangements for any work necessary.
5. Obtain necessary County permits from all other applicable agencies, and otherwise comply with
other applicable laws, including, but not limited to, one call obligations under Chapter 556, Florida
Statutes.
6. Coordinate the issuance of utility permits within the project limits for new utility work not
necessarily related to the Project in order to assure consistency with the Project.
If the utility is impacted by the project, the cost of relocation will be the responsibility of the Design -Build
Firm unless the utility is obligated to pay the cost of the work pursuant to Section 337.403, Florida Statutes.
If the utility is not being impacted by the Project, but the utility owner desires to have utility work performed
in connection with the project, the cost of the utility work will be the responsibility of the utility company. It
will be the Design -Build Firm's responsibility to coordinate and resolve all utility impacts with each of the
utility companies
Claims Due to Utility Work: No payment, compensation or adjustment of any kind (other than extensions
of time for completion as may be otherwise granted pursuant to other provisions of the Contract
Documents) shall be made to the Contractor for damages because of hindrances or delays arising out of or
connected with the performance of utility work for the project except as a third party beneficiary against a
utility entity only as allowed pursuant to the terms and conditions of any Design -Build Utility Agreements
that may exist for the project, regardless of the cause of such hindrance or delays and whether such
hindrances or delays be avoidable or unavoidable, and the Contractor agrees that it will make no claim for
compensation, damages or mitigation of liquidated damages for any such hindrances or delays and will
accept any extension of time otherwise granted pursuant to other provisions of the Contract Documents as
full satisfaction for such hindrances or delays, except as a third party beneficiary against a utility entity only
as allowed pursuant to the terms and conditions of any Design -Build Utility Agreements that may exist for
the project; provided that nothing herein shall obligate the County to grant an extension of time not
otherwise due and the failure of the Contractor to be granted an extension of time shall not create any
entitlement to compensation, damages or mitigation of liquidated damages.
Responsibility for Damages, Claims, etc.
Contractor to Provide Indemnification: The Contractor shall indemnify and hold harmless the County, its
officers and employees from liabilities, damages, losses and costs, including, but not limited to, reasonable
attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of
the Contractor and persons employed or utilized by the Contractor in the performance of the construction
Contract.
It is specifically agreed between the parties executing this Contract that it is not intended by any of the
provisions of any part of the Contract to create in the public or any member thereof, a third party beneficiary
hereunder, or to authorize anyone not a party to this Contract to maintain a suit for personal injuries or
property damage pursuant to the terms or provisions of this Contract.
Guaranty of Payment for Claims: The Contractor guaranties the payment of all just claims for materials,
supplies, tools, or labor and other just claims against him or any subcontractor, in connection with the
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7/24/2012 Item 16.A.3.
Contract. The County's final acceptance and payment does not release the Contractor's bond until all such
claims are paid or released.
PROSECUTION AND PROGRESS
Limitations of Operations.
Night Work: Any nighttime activities must be pre- approved by the County. During active nighttime
operations, furnish, place and maintain lighting sufficient to permit proper workmanship and inspection. Use
lighting with 5 ft•cd [54 Ix] minimum intensity. Arrange the lighting to prevent interference with traffic or
produce undue glare to property owners. Operate such lighting only during active nighttime construction
activities. Provide a light meter to demonstrate that the minimum light intensity is being maintained.
Lighting may be accomplished by the use of portable floodlights, standard equipment lights, existing
streetlights, temporary streetlights, or other lighting methods approved by the Engineer.
Submit a lighting plan at the Preconstruction Conference for review and approval by the Engineer. Submit
the plan on standard size plan sheets (not larger than 24 by 36 inch [610 by 915 mm]), and on a scale of
either 100 or 50 foot to 1 inch [30 or 15 m to 25 mm]. Do not start night work prior to the Engineer's
approval of the lighting plan.
During active nighttime operations, furnish, place and maintain variable message signs to alert approaching
motorists of lighted construction zones ahead. Operate the variable message signs only during active
construction activities.
Equip all pickups and automobiles used on the project with either amber flashing lights or flashing white
lights. Equip all other equipment with a minimum of 4 ft2 [0.37 m2] of reflective sheeting, or flashing lights.
To avoid distraction to motorists, do not operate the lights on the vehicles or equipment when the vehicles
are outside the clear zone or behind traffic control devices.
Ensure that all personnel shall wear reflective vests at all times while in the work area. Comply with all
applicable regulations governing noise abatement. Have a Certified Worksite Supervisor on site during all
nighttime operations to ensure proper Maintenance of Traffic.
Sequence of Operations: Do not open up work to the prejudice of work already started. The Engineer may
require the Contractor to finish a section on which work is in progress before starting work on any additional
section.
Interference with Traffic: At all times conduct the work in such manner and in such sequence as to ensure
the least practicable interference with traffic. Operate all vehicles and other equipment safely and without
hindrance to the traveling public. Park all private vehicles outside the clear zone. Place materials stored
along the roadway so as to cause no obstruction to the traveling public as possible.
Where existing pavement is to be widened and stabilizing is not required, prevent any open trench from
remaining after working hours by scheduling operations to place the full thickness of widened base by the
end of each day. Do not construct widening strips simultaneously on both sides of the road, except where
separated by a distance of at least 1/4 mile [0.5 km] along the road and where either the work of excavation
has not been started or the base has been completed.
Coordination with other Contractors: Sequence the work and dispose of materials so as not to interfere
with the operations of other Contractors engaged upon adjacent work; join the work to that of others in a
proper manner, in accordance with the spirit of the Contract Documents; and perform the work in the proper
sequence in relation to that of other Contractors; all as may be directed by the Engineer.
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:1.124/2012 Item 16.A.3.
Each Contractor is responsible for any damage done by him or his agents to the work performed by another
Contractor.
Drainage: Conduct the operations and maintain the work in such condition to provide adequate drainage at
all times. Do not obstruct existing functioning storm sewers, gutters, ditches, and other run -off facilities.
Fire Hydrants: Keep fire hydrants on or adjacent to the highway accessible to fire apparatus at all times,
and do not place any material or obstruction within 15 feet [5 m] of any fire hydrant.
Protection of Structures: Do not operate heavy equipment close enough to pipe headwalls or other
structures to cause their displacement.
Fencing: Erect permanent fence as a first order of business on all projects that include fencing where the
Engineer determines that the fencing is necessary to maintain the security of livestock and other animals on
adjacent property, or for protection of pedestrians who are likely to gain access to the project from adjacent
property. Secure the right -of -way on Limited Access Facilities at all times by a fence, either temporary or
permanent, that meets the height of the existing fence or the height required in the Contract.
Hazardous or Toxic Waste: When the construction operations encounter or expose any abnormal
condition that may indicate the presence of a hazardous or toxic waste, discontinue such operations in the
vicinity of the abnormal condition and notify the Engineer immediately. Be alert for the presence of tanks or
barrels; discolored earth, metal, wood, ground water, etc.; visible fumes; abnormal odors; excessively hot
earth; smoke; or other conditions that appear abnormal as possible indicators of hazardous or toxic wastes
and treat these conditions with extraordinary caution.
Make every effort to minimize the spread of any hazardous or toxic waste into uncontaminated areas.
Dispose of the hazardous or toxic waste in accordance with the requirements and regulations of any Local,
State, or Federal agency having jurisdiction. Where the Contractor performs work necessary to dispose of
hazardous or toxic waste, and the Contract does not include pay items for disposal, the County will pay for
this work as provided in this attachment.
Do not resume the construction operations until so directed by the Engineer.
The County may agree to hold harmless and indemnify the Contractor for damages when the Contractor
discovers or encounters hazardous materials or pollutants during the performance of services for the
County when the presence of such materials or pollutants were unknown or not reasonably discoverable.
Such indemnification agreements are only effective if the Contractor immediately stops work and notifies the
County of the hazardous material or pollutant problem. Such indemnification agreement is not valid for
damages resulting from the Contractor's willful, wanton, or intentional conduct or the operations of
Contamination and Remediation Contractors.
Qualifications of Contractor's Personnel: Provide competent, careful, and reliable superintendents,
foremen, and workmen. Provide workmen with sufficient skill and experience to properly perform the work
assigned to them. Provide workmen engaged on special work, or skilled work, such as bituminous courses
or mixtures, concrete bases, pavements, or structures, or in any trade, with sufficient experience in such
work to perform it properly and satisfactorily and to operate the equipment involved. Provide workmen that
shall make due and proper effort to execute the work in the manner prescribed in the Contract Documents,
or the Engineer may take action as prescribed below.
Whenever the Engineer determines that any person employed by the Contractor is incompetent, unfaithful,
intemperate, disorderly, or insubordinate, the Engineer will provide written notice and the Contractor shall
discharge the person from the work. Do not employ any discharged person on the project without the written
consent of the Engineer. If the Contractor fails to remove such person or persons, the Engineer may
withhold all estimates that are or may become due, or suspend the work until the Contractor complies with
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17124/2012 Item 16.A.3.
such orders. Protect, defend, indemnify, and hold the County, its agents, officials, and employees harmless
from all claims, actions, or suite arising from such removal, discharge, or suspension of employees.
MEASUREMENT AND PAYMENT
Measurement of Quantities
Certification of Payment to Subcontractors: The term "subcontractor," as used herein, includes persons
or firms furnishing materials or equipment incorporated into the work or stockpiled for which the County has
made partial payment and firms working under equipment- rental agreements. The Contractor is required to
pay all subcontractors for satisfactory performance of their Contracts before the County will make a further
progress (partial) payment. The Contractor shall also return all retainage withheld to the subcontractors
within 30 days after the subcontractor's work is satisfactorily complete, as determined by the County. Prior
to receipt of any progress (partial) payment, the prime Contractor shall certify that all subcontractors having
an interest in the Contract were paid for satisfactory performance of their Contracts and that the retainage is
returned to subcontractors within thirty (30) days after satisfactory completion of the subcontractor's work.
Provide this certification in the form designated by the County.
Within thirty (30) days of the Contractor's receipt of the final progress payment or any other payments
thereafter, except the final payment, the Contractor shall pay all subcontractors and suppliers having an
interest in the Contract for all work completed and materials furnished. The County will honor an exception
to the above when the Contractor demonstrates good cause for not making any required payment and
furnishes written notification of any such good cause to both the County and the affected subcontractors or
suppliers within said thirty (30) day period.
Record of Construction Materials
General: For all construction materials used in the construction of the project, (except materials exempted,
see previous section), preserve for the County's inspection the invoices and records of the materials for a
period of three years from the date of completion of the project. Apply this requirement when subcontractors
purchase materials, and obtain the Invoices and other materials records from the subcontractors. By
providing the materials, the Contractor certifies that all invoices will be maintained for the required period.
Non - Commercial Materials: These provisions do not apply to materials generally classed as non-
commercial, such as fill materials, local sand, sand -clay, or local materials used as stabilizer.
Submittals.
Notification of Quality Assurance Inspection Arrangements for Fabrication of Critical Items: In order
to facilitate quality assurance inspection for fabrication of critical items, the Contractor must submit a
fabrication schedule for all items requiring Commercial Inspection as stated in 460 -23. The fabrication
schedule must be submitted to the County before, or at, the pre- construction meeting. Fabrication of critical
items include, but is not limited to: steel bridge components, overhead cantilevered sign supports with
cantilevered arms exceeding forty -five feet, movable bridge components, and any other items, that County
personnel identify.
Shop Drawings: Sequence
The Design -Build Firm shall be responsible for the preparation and approval of all Shop Drawings. Shop
Drawings shall be submitted to the County and shall bear the stamp and signature of the Design -Build
Firm's Contractor and signed and sealed by the Engineer of Record (EOR) and the Specialty Engineer. The
County shall review the Shop Drawing(s) to evaluate compliance with project requirements and provide any
findings to the Design -Build Firm. The County's procedural review of shop drawings is to assure that the
Design -Build Firm and the FOR have both accepted and signed the drawing, the drawing has been
53
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r iZ41,ZU "i Z IlrsM Tb.A.J.
independently reviewed and is in general conformance with the plans. The County's review is not meant to
be a complete and detailed review. Upon review of the shop drawing, the County will stamp "Released for
Construction" or "Released for Construction as noted" and initialed and dated by the reviewer.
Component submittals must be accompanied by sufficient information for adjoining components or areas or
work to allow for proper evaluation of the component submitted for review.
Stormwater Pollution Prevention Plans ( SWPPP):
The Design -Build Firm shall prepare an erosion control plan that complies with the Storm Water Pollution
Prevention Plan (SWrIF P as re^ _:,, . y „ Nation ?! Pollution Discharge Elimination System (NPDES).
The Design-Build Firm shall refer to the Plans Preparation Manual for information in regard to the SWPPP
and Florida Department of Environmental Protection (FDEP) Rule 62 -25 for requirements on the erosion
control plan. Detailed f;. uts of the erosion control items will be necessary but may be shown on the roadway
plans sheets. This plan shall be submitted along min ti Design -Build Firm's Certification at least fifteen
(15) working days prior to beginning construction activities.
Traffic Control Plan:
Traffic Control Analysis:
The Design -Build Firm shall design a safe and effective Traffic Control Plan to move vehicular traffic during
all phases of construction. The areas shall include, but are not limited to, construction phasing, utility
relocation, drainage structures, signalization, ditches, front slopes, back slopes, drop offs within clear zone,
and traffic monitoring sites. Special consideration shall be given to the drainage system when developing
the construction phases. Positive drainage must be maintained at all times.
The traffic control plan shall address how to assist with maintenance of traffic throughout the duration of the
contract. The Traffic Control Plan shall be prepared by a certified designer who has completed the FDOT's
training course, and in accordance with the FDOT's Design Standards and the Roadway Plans Preparation
Manual.
Traffic Control Plans:
The Design -Build Firm shall utilize Index Series 600 of the FDOT's Design Standards where applicable.
Should these standards be inadequate, a detailed traffic control plan shall be developed. The Design -Build
Firm shall prepare plan sheets, notes, and details to include the following: typical section sheet(s), general
notes and construction sequence sheet(s), typical detail sheet(s), traffic control plan sheet(s).
The Design -Build Firm shall prepare additional plan sheets such as cross sections, profiles, drainage
structures, retaining wall details, and sheet piling as necessary for proper construction and implementation
of the Traffic Control Plan.
Traffic Control Restrictions:
Night Work: Any nighttime activities must be pre- approved by the County. There will be NO LANE
CLOSURES ALLOWED between the hours of 6:00 AM to 8:00 AM and 4:00 PM to 6:00 PM. A lane may
only be closed during active work periods. Rolling barricades will be allowed during the approved lane
closure hours. All lane closures, including ramp closures, must be reported to the local emergency
agencies, the media and the County information officer. Also, the Design -Build Firm shall develop the
project to be able to provide for all lanes of traffic to be open in the event of an emergency or if the lane
closure causes a driver delay greater than twenty (20) minutes.
54
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rtLU I IteI't'T b.A.3.
Environnemental Services /Permits /Mitigation:
The Design -Build Firm will be responsible for preparing designs and proposing construction methods that
are permitable. The Design -Build Firm will be responsible for any required permit fees. All permits required
for a particular construction activity will be acquired prior to commencing the particular construction activity.
Delays due to incomplete permit packages, agency rejection, agency denials, agency processing time, or
any permit violations, except as provided in Section V.K.2, will be the responsibility of the Design -Build
Firm, and will not be considered sufficient reason for time extension.
The installation of any "Optional Facility" identified within this RFP is not a requirement of this RFP, nor is
the Design -Build Firm responsible for any permitting or commenting agency coordination or other impacts to
the permit processes that would be associated with such an "Optional Facility ", unless the Design -Build
Firm chooses to include the "Optional Facility" in its Proposal.
Survey:
General:
The Design -Build Firm shall perform all survey services necessary to complete the project. Survey services
must also comply with all pertinent Florida Statutes and applicable rules in the Florida Administrative Code.
All field survey data will be furnished in a digital format, readily available for input and use in CADD Design
files.
All survey work must be accomplished in accordance with the FDOT's Location Survey Manual, Topic
Nos. 550 - 030 -000 through 550 - 030 -012 (760- 000/760 -012). This work must comply with the Minimum
Technical Standards for Land Surveyors, Florida Administrative Code, pursuant to Section 472.027, F.S.
and any special instructions from the County. This survey also must comply with the Department of
Environmental Protection Rule, Chapter 18 -5, F.A.C. pursuant to Chapter 177, Florida Statutes, and the
Department of Environmental Protection State Jurisdiction Boundary Surveys where applicable.
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i ,64iZU T Z iierrii 1 b.A.J.
11 -5631R , Design Build Napeis Manor Sidewalk Improvements
STEP Il Technical Score Daniel Hall
Nathan Beals
David
Gerald Robert Fuentes
TOTAL
40.0
s
Buchheit
Kurtz
Zbonness "
Bonness 76.7
69.4
73.7
84.7
304.5
Design Build Eng 51.7
38.7
39.7
95,2
30
29
15
9.8
65.7
195.$
�aajh, Einte
Wright °Construction 82.8
84.8
84.8
83.8
!33 6:2
Technical Score
Vendor (Hieh to Lnwi 40% Weight
Technical Score .:Price Score Total Score
Vendor Maximum 40 Mavimnm rm mnvimirm
iviatn i-orrected
Bonness
Price
DBE
n336.2
(Low to High)
40.0
s
304.5
36.2
Zbonness "
195.8
23.3
Technical Score .:Price Score Total Score
Vendor Maximum 40 Mavimnm rm mnvimirm
iviatn i-orrected
Bonness
Price
DBE
Vendor
(Low to High)
60% Weight
DBE
$ 998,791.79.*
„x60a3
Zbonness "
$ 1,086,210.14
55.2
$ 1,170,450.91
51.2
Wright Construction
l
55.20 1
Technical Score .:Price Score Total Score
Vendor Maximum 40 Mavimnm rm mnvimirm
iviatn i-orrected
Bonness
$ 1,170,450.91
DBE
$ 998,791.79
2
�Design'Build Ent
Wright
$ 1,D86,210.1A
Bonness
36.21
51.20
87.4
2
�Design'Build Ent
23.3
60.00
83.3
3
Quality Enterprises
65.7
Quality
32
30
Wright Construction
40
55.20 1
95,2
30
Brenda Brilhart, Procurement Strategist
DATE:
Rhonda Cummings, Witness
• The greatest number of points allowed in this criterion will be
• Technical Score: The next highest vendor's number of points will
• Points awarded will be extended to the first decimal point (per
12/20/2011
REVISED
12/27/11
jerry Bonness
28
30
17
9.7
84.7
DBE
20
25
12
8.7
65.7
Quality
32
30
18
10
, 90
Wright
30
29
15
9.8
83.8
Packet Page -1289-
7/24/2012 Item 16.A.3.
Packet Page -1290-