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Agenda 12/13/2016 Item #11B 11.6 12/13/2016 EXECUTIVE SUMMARY Recommendation to award Contract No. 16-7018, Logan Boulevard Extension from Azalea Drive to the Lee County line,to Bonness,Inc.,in the amount of$4,444,063.00,Project No.33464. OBJECTIVE: To construct the extension of Logan Boulevard from Azalea Drive to the Lee/Collier County line. CONSIDERATIONS: On May 10, 2016, Item 16A18, the Board of County Commissioners (Board) approved a Transportation Regional Incentive Program(TRIP)Agreement with the Florida Department of Transportation (FDOT) for the Logan Boulevard Extension project. This Agreement set aside funding to be reimbursable up to the amount of$2,663,736 for Construction Engineering and Inspection (CEI) and construction of this project. Collier County advertised an Invitation to Bid No. 16-7018, Logan Boulevard Extension from Azalea Drive to the Lee County line, on September 20, 2016. The County sent out 2,301 (two thousand three hundred one) notifications and 110 (one hundred ten) sets of plans and specifications were downloaded. The County received 9 (nine) bids,which were opened and read aloud at 3:00 pm, October 20, 2016. The final ranking, in order from lowest to highest price bids are as follows: FIRM NAME PRICE FINAL RANK Bonness,Inc. $4,444,063.00 1 0-A-K/Florida, Inc. dba Owen-Ames-Kimball Company $4,544,575.44 2 Mitchell & Stark Construction Co., Inc. $4,611,820.68 3 Haskins, Inc. $4,653,576.80 4 Ajax Paving Industries of Florida, LLC $4,680,281.34 5 Quality Enterprises USA, Inc. $4,744,937.30 6 Douglas N. Higgins, Inc. $4,885,971.40 7 Coastal Concrete Products $5,399,915.25 8 OHL Community Asphalt Corp. $5,639,000.00 9 The Transportation Engineering Division staff, as well as the Engineer of Record(EOR),performed a bid analysis on the contractor's submittals and found that Bonness, Inc., to be the responsible low bid. The lowest bid is approximately 3% higher than the Engineer's Estimate. Staff and the EOR concur that the lowest bid is reasonable and recommend an award to Bonness, Inc. FISCAL IMPACT: The source of funding is available from the Transportation Regional Incentive Program grant awarded by FDOT requiring a 50%match met with Impact Fee Revenue in a total amount of$4,444,063.00 as outlined below. Project Number Department Fund Amount Source of Funds 33464 GMD 711 $2,222,031.50 Grant 33464 GMD 712 $2,222,031.50 Impact Fees Packet Pg. 390 11.B 12/13/2016 The roadway and all features to be installed during execution of the project, such as sidewalk and stormwater features, will be new. The additional 2.8 lane miles will require adding $22,500 annually to the maintenance budget to account for normal and incidental maintenance such as sweeping, potholes, sidewalk maintenance and mowing along with extended maintenance costs for items such as resurfacing, storm drain repairs, curbing and striping. GROWTH MANAGEMENT IMPACT: The project is in accordance with the goals and objectives of the Transportation Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval.-SRT RECOMMENDATION: To award Contract No.16-7018, Logan Boulevard Extension from Azalea Drive to the Lee County line, to Bonness, Inc., in the amount of $4,444,063.00, and authorize the Chairman to sign the attached contract,and authorize any required budget amendments. Prepared by: Andrew A. Miller, PE, Senior Project Manager, Transportation Engineering Division, Growth Management Department ATTACHMENT(S) 1. [Linked} 16-7018 Logan Boulevard Extension from Azalea Drive to Lee County Line_Contract_ Final_11_4-16pdf (PDF) 2. 16-7018 Tab_Sheet (PDF) 3. Bid Recommendation (PDF) Packet Pg 391 11.B 12/13/2016 �-, COLLIER COUNTY Board of County Commissioners Item Number: 11.B Item Summary: Recommendation to award Contract No. 16-7018, Logan Boulevard Extension from Azalea Drive to Lee County line, to Bonness, Inc., in the amount of $4,444,063.00, Project No. 33464. (Jay Ahmad,Transportation Engineering Division Director) Meeting Date: 12/13/2016 Prepared by: Title: Project Manager, Senior—Transportation Engineering Name: Andrew Miller 11/04/2016 3:03 PM Submitted by: Title: Division Director-Transportation Eng—Transportation Engineering Name: Jay Ahmad 11/04/2016 3:03 PM Approved By: Review: Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 11/04/2016 5:01 PM Procurement Services Ted Coyman Additional Reviewer Completed 11/04/2016 5:44 PM Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 11/07/2016 3:20 PM Procurement Services Sandra Herrera Additional Reviewer Completed 11/08/2016 2:52 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 11/15/2016 2:00 PM Transportation Engineering Anthony Stolts Additional Reviewer Completed 11/15/2016 3:19 PM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/16/2016 2:14 PM Growth Management Department Lisa Taylor Additional Reviewer Completed 11/16/2016 2:59 PM Grants Kimberly Lingar Level 2 Grants Review Completed 11/16/2016 3:42 PM Growth Management Department Gene Shue Additional Reviewer Completed 11/17/2016 1:57 PM Procurement Services Allison Keams Additional Reviewer Completed 11/17/2016 2:21 PM County Attomey's Office Scott Teach Level 2 Attorney Review Completed 11/18/2016 2:49 PM County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 11/18/2016 4:00 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/21/2016 9:42 AM Grants Therese Stanley Additional Reviewer Completed 12/05/2016 11:13 AM County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 12/05/2016 12:56 PM Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM Packet Pg.392 11`.B.2 ias 1s? 1 : g51frx1 : 0i3szYga1 ,aAx1 « :1 x1. 1 $ § „ RB1 1. 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S eo B A A a 6 6 A 8 A 8 : A F a B x F ^ ^ ° - " ^ - ^ ^ " Packet Pg. 393 (pieMy;oea;uo3 uoi;onJ;suoo •pn1e ueBoi : 6ZEZ) uoI;epuawwo3a8 pi8 :;uawyoe;;yver el DELISI FITZGERALD, iNC. October 28, 2016 Planning-Engineering-Project Management Andrew Miller, Senior Project Manager Collier County Growth Management Division 2885 South Horseshoe Drive Naples, FL 34104 Re: Logan Boulevard - Phase 2 Bid No. 16-7018 Dear Andy: A tabulation of the construction bids submitted to Collier County for the above referenced project has been reviewed by our office. Based on our review of the bids as design Engineer of Record, we recommend Bonness, Inc. as the lowest, qualified bidder for this project with a base bid of $4,444,063.00. If you have any questions, please let me know. Sincerely, DELISI FITZGERALD, INC. Andrew D. Fitzgerald, P.E. President Project: 21392 1605 Hendry Street Fort Myers,FL 33901 n 239-418-0691 r 239-418-0692 fax 1 16-7018 Logan Boulevard Extension from Azalea Drive to Lee County Line, Construction Services Agreement: Revised 08012016 Logan Boulevard Extension from Azalea Drive to Lee County Line COLLIER COUNTY BID NO. 16-7018 COLLIER COUNTY, FLORIDA Evelyn Colon, Procurement Strategist Email: evelyncolon@colliergov.net Telephone: (239) 252 - 2667 FAX: (239) 252 - 2810 Design Professional: DeLisi Fitzgerald, Inc. 2 16-7018 Logan Boulevard Extension from Azalea Drive to Lee County Line, Construction Services Agreement: Revised 08012016 TABLE OF CONTENTS PUBLIC NOTICE ....................................................................................................................... 3 PART B - INSTRUCTIONS TO BIDDERS ................................................................................. 5 CONSTRUCTION BID ..............................................................................................................12 BID SCHEDULE .......................................................................................................................13 MATERIAL MANUFACTURERS ..............................................................................................14 LIST OF MAJOR SUBCONTRACTORS ..................................................................................14 STATEMENT OF EXPERIENCE OF BIDDER ..........................................................................16 TRENCH SAFETY ACT ............................................................................................................17 IMMIGRATION LAW AFFIDAVIT CERTIFICATION .................................................................18 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W – 9 .....................................................19 BID BOND ................................................................................................................................23 BIDDERS CHECK LIST ...........................................................................................................25 CONSTRUCTION AGREEMENT..............................................................................................26 EXHIBIT A 1: PUBLIC PAYMENT BOND ................................................................................33 EXHIBIT A 2: PUBLIC PERFORMANCE BOND ......................................................................36 EXHIBIT B: INSURANCE REQUIREMENTS............................................................................39 EXHIBIT C: RELEASE AND AFFIDAVIT FORM ......................................................................43 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT .....................................45 EXHIBIT E: CHANGE ORDER .................................................................................................46 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION ...............................................47 EXHIBIT G: FINAL PAYMENT CHECKLIST ............................................................................49 EXHIBIT H: GENERAL TERMS AND CONDITIONS ................................................................50 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ......................................................83 EXHIBIT J: TECHNICAL SPECIFICATIONS ...........................................................................84 EXHIBIT K: PERMITS ..............................................................................................................85 EXHIBIT L: STANDARD DETAILS ..........................................................................................86 EXHIBIT M: PLANS AND SPECIFICATIONS ..........................................................................87 EXHIBIT N: CONTRACTOR’S KEY PERSONNEL ASSIGNED TO THE PROJECT ...............88 3 16-7018 Logan Boulevard Extension from Azalea Drive to Lee County Line, Construction Services Agreement: Revised 08012016 PUBLIC NOTICE INVITATION TO BID Logan Boulevard Extension from Azalea Drive to Lee County Line COUNTY BID NO. 16-7018 Separate sealed bids for the construction of Logan Boulevard Extension from Azalea Drive to Lee County Line, addressed to Ms. Allison Kearns, Interim Director, Procurement Services Division, will be received at the Collier County Government, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112, until 3:00 P.M. LOCAL TIME, on the 20th day of October, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. The anticipated project budget is: $4,333,170.00. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Logan Boulevard Extension from Azalea Drive to Lee County Line Bid No. 16-7018 and Bid Date of October 20th". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Procurement Services Division website may not be accurate or current. Each bid shall be accompanied by a certified or cashier’s check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. 4 16-7018 Logan Boulevard Extension from Azalea Drive to Lee County Line, Construction Services Agreement: Revised 08012016 Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within Two Hundred Sixty Five (265) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 20th day of September. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Allison Kearns Interim Director, Procurement Services Division 5 16-7018 Logan Boulevard Extension from Azalea Drive to Lee County Line, Construction Services Agreement: Revised 08012016 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner’s discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner’s discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages 15 - 29 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. 6 16-7018 Logan Boulevard Extension from Azalea Drive to Lee County Line, Construction Services Agreement: Revised 08012016 Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashier’s check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred twenty (120) days from opening, unless otherwise agreed by the Procurement Director and the Successful Bidder. 3.2 The Successful Bidder shall execute two (2) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 7 16-7018 Logan Boulevard Extension from Azalea Drive to Lee County Line, Construction Services Agreement: Revised 08012016 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing and addressed on the County’s Online Bidding System to be given consideration. All such requests for interpretations or clarification must be received as directed in the Online Bidding System instructions and prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued via the Online Bidding System at their respective email addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; 8 16-7018 Logan Boulevard Extension from Azalea Drive to Lee County Line, Construction Services Agreement: Revised 08012016 c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of the Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than twenty-five percent (25%) from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with Owner’s then current procurement ordinance and policies. 12.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the 9 16-7018 Logan Boulevard Extension from Azalea Drive to Lee County Line, Construction Services Agreement: Revised 08012016 Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Procurement professional of the Owner’s Procurement Services Division or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Procurement Services Division generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner’s then current procurement ordinance and policies. A copy of the procurement ordinance is available at http://www.colliergov.net/Index.aspx?page=762. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 12.6 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner’s policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as “The Public Bid Disclosure Act”, Collier County will pay the Contractor for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. Owner will not be obligated to pay for any permits obtained by Subcontractors. 10 16-7018 Logan Boulevard Extension from Azalea Drive to Lee County Line, Construction Services Agreement: Revised 08012016 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be “qualified” as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor’s disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are “qualified.” 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not “qualified” or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidder shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner’s review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner’s prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 11 16-7018 Logan Boulevard Extension from Azalea Drive to Lee County Line, Construction Services Agreement: Revised 08012016 Section 17. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor’s response, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. Section 18. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity’; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.” Line # Item No.Quantity Units Unit Price Amount A. Roadway 1 101-1 1 LS $505,015.91 505,015.91$ 2 102-60 2 EA $170.29 340.58$ 3 102-98-2 7 EA $170.29 1,192.03$ 4 104-10-3 26,125 LF $1.44 37,620.00$ 5 104-18 Inlet Protection 46 EA $73.79 3,394.34$ 6 110-1-1 22.40 AC $1,951.77 43,719.65$ 7 120-1 7,222 CY $36.86 266,202.92$ 8 120-6 66,445 CY $17.90 1,189,365.50$ 9 125-3 7,906 CY $1.44 11,384.64$ 10 160-4 30,402 SY $1.53 46,515.06$ 11 160-4 9,782 SY $1.53 14,966.46$ 12 285-704 Optional Base, Base Group 04 (Temp. Turnaround Inc.) 8,954 SY $8.74 78,257.96$ 13 285-709 Optional Base, Base Group 09 20,464 SY $13.18 269,715.52$ 14 334-1-12 3,135 TN $89.79 281,491.65$ 15 337-7 1,710 TN $91.14 155,849.40$ 16 425-1-351 19 EA $4,240.99 80,578.81$ 17 425-1-361 26 EA $4,628.27 120,335.02$ 18 425-1-551 1 EA $4,059.69 4,059.69$ 19 425-1-559 1 EA $4,095.32 4,095.32$ 20 425-3-41 7 EA $2,951.58 20,661.06$ 21 430-175-115 1,749 LF $36.43 63,716.07$ 22 430-175-118 1,143 LF $43.34 49,537.62$ 23 430-175-124 2,247 LF $58.76 132,033.72$ 24 430-175-130 16 LF $89.22 1,427.52$ 25 430-175-299 1 LS $166,549.17 166,549.17$ 26 430-200-25 1 EA $2,012.98 2,012.98$ 27 430-200-29 1 EA $2,560.88 2,560.88$ 28 520-1-10 29,706 LF $8.18 242,995.08$ 29 520-2-4 140 LF $15.26 2,136.40$ 30 520-3 122 LF $20.42 2,491.24$ 31 522-2 53 SY $45.19 2,395.07$ 32 530-3-4 10.2 TN $125.91 1,284.28$ 33 570-1-2 74,947 SY $2.55 191,114.85$ 34 580-1-1 1 LS $4,081.90 4,081.90$ 35 CC999-901 Project Information Sign 1 EA $900.46 900.46$ 36 CC999-999 Signed and Sealed As-built Record Drawings 1 LS $13,419.04 13,419.04$ 37 4,013,417.80$ B. 38 700-1-11 24 AS $414.38 9,945.12$ 39 706-3 40.00 EA $5.67 226.80$ 40 711-11-101 2.86 GM $4,541.13 12,987.63$ 41 711-11-201 2.92 GM $4,541.13 13,260.10$ 42 711-11-224 49 LF $4.71 230.79$ 43 711-11-231 0.02 GM $1,702.92 34.06$ 44 710-11-290 10 SF $2.27 22.70$ 45 SUBTOTAL 36,707.20$ C. 46 CC-950 Project Allowance 1.000 LS $393,938 393,938.00$ 47 4,444,063.00$ Description Mobilization Sediment Barrier Regulary Excavation Junction Box, Drainge P-7, <10' Type B Stabilization (6") (Temp. Turn Around Included) Clearing and Grubbing Single Post Sign, F&I Ground Mount, Up to 12 SF 6' x 3' Box Culvert w/ Wing Walls (Wildlife Crossing) Flared End Section, 18" Flared End Section, 24" Concrete Curb and Gutter, Type F Work Zone Sign (Road Closed) GRAND TOTAL Inlets, DT Bot, Type E, Modify Thermoplastic, Standard, White, Solid, 6" Thermoplastic, Standard, Yellow, Solid, 6" Pipe Culvert, Optional Material, Round, 24" S/CD Pipe Culvert, Optional Material, Round, 30" S/CD Thermoplastic, Standard, Yellow, Skip, 6" Painted, Standard, Yellow, Island Nose Landscape Lake Littorals Allowance Thermoplastic, Standard, Yellow, Solid, 18" Barricade Type III w/ Warning Light - To Remain, 6' Superpave Asphlatic Conc. (Traffic B) (Temp Turnaround Included) Inlets, Curb, Type P-6, <10' Inlets, DT Bot, Type E, <10' Pipe Culvert, Optional Material, Round, 15" S/CD Pipe Culvert, Optional Material, Round, 18" S/CD Retro-Reflective Pavement Markers Embankment Signing and Pavement Markings Bid Schedule 16-7018 Logan Boulevard Extension from Azalea Drive to Lee County Line Inlets, Curb, Type P-5, <10' Select Bedding Material Concrete Curb, Type D Performance Turf, Bahia Sod Valley Gutter - Concrete Concrete Sidewalk and Driveways, 6" Type B Stabilization (12") Asphaltic Concrete, Type SP 9.5 Surface Course Rubble Rip-Rap (Ditch Lining) Page 1 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FLORIDA DEPARTMENT OF TRANSPORTATION TRANSPORTATION REGIONAL INCENTIVE PROGRAM (TRIP) REQUIREMENTS CFSA 55.026 The following terms and conditions supersede any terms and conditions under the General Conditions of this contract and/or policy and guidelines of Collier County Government (Agency) for the purpose of this engagement only. E-Verify Vendor/Contractors: a. Shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and b. Shall expressly require any subcontractors performing work, or providing services pursuant to the state contract, to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. The Website for E-Verify is: http://www.uscis.gov/e-verify Record Retention The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, FDOT, or its designee’s access to such records upon request. Indemnity Provision The following indemnification shall be included in all contracts with contractors/subcontractors, consultants/sub-consultants who perform work in connection with the FDOT Agreement: “The contractor/consultant shall indemnify, defend, save, and hold harmless the Florida Department of Transportation and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor/consultant, its officers, agents, or employees.” Other Compliance Requirements 1.No funds received pursuant to this Agreement may be expended for lobbying the State Legislature, the judicial branch, or a state agency. 2.Any entity or affiliate that has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and many not transact business with any public entity.