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Agenda 03/14/2017 Item #16A1703/14/2017 EXECUTIVE SUMMARY Recommendation to award Bid No. 17-7044 to Wright Construction Group for the “SR 82 and Corkscrew Road Intersection Safety Improvements” for operational and safety enhancements in the amount of $771,364.74 (Project No. 33478). OBJECTIVE: To award a construction contract for “SR 82 and Corkscrew Road Intersection Safety Improvements” to Wright Construction Group in accordance with ITB No. 17-7044. CONSIDERATIONS: On July 12, 2016, Item 16A21, the Board of County Commissioners (Board) approved a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for Corkscrew Road Intersection Safety Improvements. This agreement set aside funding to be reimbursable up to the amount of $905,348 for construction ($804,456.00 allocation) and inspection ($100,892.00 allocation) of this project. The bid for this project was advertised on October 21, 2016, in the Naples Daily News. Over two thousand, one hundred, seventy five (2,175) notices were sent out and sixty seven (67) bid packages were downloaded. Four (4) bids were submitted on November 21, 2016. The offers are summarized below: Vendor Project Bid Wright Construction Group $771,364.74 Ajax Paving $796,671.47 Preferred Materials $903,310.02 Community Asphalt Corp. $923,248.00 Staff has determined that the lowest bid is fair and responsive and recommends awarding the contract to Wright Construction Group. The bid was 20 % higher than the Engineer’s opinion of cost, which was $640,483.75, however, the bid was 4% lower than the FDOT construction allocation of $804,456.00. FDOT concurred with the staff’s recommendation to award the contract to Wright Construction Group. The Contract, Bid Tabulation, the Engineer’s letter of recommendation and FDOT’s concurrence are all attached. The bid amount incorporates allowances in the amount of $60,000.00 for owner-directed additional work. The price for any additional work will be negotiated prior to commencement in accordance with the County’s Procurement Ordinance and the terms of the agreement. FISCAL IMPACT: Funds in the amount of $905,348.00 are available in the Transportation Grant Fund 711, Project 33478. The funding source is the FDOT via the JPA agreement 433175. Maintenance costs for the project are negligible considering that FDOT is in the process of developing multi-lane roadway improvements on SR 82. GROWTH MANAGEMENT IMPACT: This project is in accordance with the goals and objectives of the Transportation Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval.-SRT 16.A.17 Packet Pg. 483 03/14/2017 RECOMMENDATION: To award Contract 17-7044, SR 82 and Corkscrew Road Intersection Safety Improvements to Wright Construction Group in the amount of $771,364.74, and authorize the Chairman to sign the attached contract. Prepared by: Mark McCleary P.E., P.S.M., Project Manager, Principal, Transportation Engineering Division ATTACHMENT(S) 1. [Linked} 17-7044 Wright_Contract (PDF) 2. 17-7044_Bid Analysis (PDF) 3. Engineer's Bid Review Letter (PDF) 4. FDOT Concurrence (PDF) 16.A.17 Packet Pg. 484 03/14/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.17 Doc ID: 2709 Item Summary: Recommendation to award Bid No. 17-7044 to Wright Construction Group for the “SR 82 and Corkscrew Road Intersection Safety Improvements” for operational and safety enhancements in the amount of $771,364.74 (Project No. 33478). Meeting Date: 03/14/2017 Prepared by: Title: Project Manager – Transportation Engineering Name: Mark McCleary 02/07/2017 3:48 PM Submitted by: Title: Department Head- Growth Management Dept – Growth Management Department Name: David Wilkison 02/07/2017 3:48 PM Approved By: Review: Procurement Services Barbara Lance Level 1 Purchasing Gatekeeper Completed 02/08/2017 8:52 AM Capital Project Planning, Impact Fees, and Program Management Rookmin Nauth Additional Reviewer Completed 02/09/2017 8:56 AM Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/10/2017 2:42 PM Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 02/13/2017 2:40 PM Procurement Services Brenda Brilhart Additional Reviewer Completed 02/13/2017 5:00 PM Procurement Services Sandra Herrera Additional Reviewer Completed 02/14/2017 9:40 AM Growth Management Department Anthony Khawaja Additional Reviewer Completed 02/14/2017 10:39 AM Procurement Services Allison Kearns Additional Reviewer Completed 02/14/2017 4:15 PM Growth Management Department Gene Shue Additional Reviewer Completed 02/15/2017 9:56 AM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 02/23/2017 10:08 AM Grants Kimberly Lingar Level 2 Grants Review Completed 02/28/2017 2:48 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 02/28/2017 4:10 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/01/2017 9:09 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/01/2017 11:20 AM Grants Therese Stanley Additional Reviewer Completed 03/03/2017 10:25 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/05/2017 10:06 AM 16.A.17 Packet Pg. 485 03/14/2017 Board of County Commissioners MaryJo Brock Meeting Pending 03/14/2017 9:00 AM 16.A.17 Packet Pg. 486 PM: Mark McClearyPS: Brenda BrilhartITB 17‐7044SR 82 and Corkscrew Road Intersection Safety ImprovementsProject Number: FPN433177‐1Notices: 2,175Pkgs Downloaded: 67Bids: 4Pay Item No. Description Unit Qty Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1101 ‐1 Mobilization LS 1 77,445.54$ 77,445.54$ $52,016.40 52,016.40$ 98,750.00$ 98,750.00$ 147,000.00$ 147,000.00$ 2102 ‐1 Maintenance of Traffic LS 1 118,410.64$ 118,410.64$ $111,745.29 111,745.29$ 74,200.00$ 74,200.00$ 132,646.64$ 132,646.64$ 3104‐10‐3 Sediment Barrier LF 5230 0.72$ 3,765.60$ $0.72 3,765.60$ 2.29$ 11,976.70$ 0.75$ 3,922.50$ 4107‐1 Litter Removal and Disposal AC 6.3 27.53$ 173.44$ $55.47 349.46$ 229.23$ 1,444.15$ 85.00$ 535.50$ 5107‐2 Mowing AC 3.9 27.53$ 107.37$ $55.47 216.33$ 114.62$ 447.02$ 85.00$ 331.50$ 6110‐1 ‐1 Clearing and Grubbing AC 3.7 13,768.03$ 50,941.71$ $8,477.00 31,364.90$ 2,865.36$ 10,601.83$ 5,100.00$ 18,870.00$ 7110‐7‐1 Mailbox Furnish and Install EA 3 275.30$ 825.90$ $138.68 416.04$ 143.27$ 429.81$ 170.00$ 510.00$ 8120‐1 Regular Excavation CY 34.4 82.60$ 2,841.44$ $289.25 9,950.20$ 63.30$ 2,177.52$ 11.30$ 388.72$ 9120‐6 Embankment CY 965.1 21.05$ 20,315.36$ $44.89 43,323.34$ 38.73$ 37,378.32$ 20.40$ 19,688.04$ 10160‐4 Stabilization Type B SY 4900 3.57$ 17,493.00$ $9.44 46,256.00$ 10.91$ 53,459.00$ 8.50$ 41,650.00$ 11285‐704 Optional Base, Base Group 04 SY 2200 7.44$ 16,368.00$ $13.84 30,448.00$ 16.78$ 36,916.00$ 28.30$ 62,260.00$ 12285‐709 Optional Base, Base Group 09 SY 2700 13.79$ 37,233.00$ $29.76 80,352.00$ 52.78$ 142,506.00$ 34.00$ 91,800.00$ 13327‐‐70‐1 Milling Existing Asphalt Pavement 1‐1/2" Avg Dept SY 9000 2.81$ 25,290.00$ $2.55 22,950.00$ 2.29$ 20,610.00$ 1.50$ 13,500.00$ 14334‐1‐14 Superpave Asphaltic Concrete, (Traffic D) TN 500 147.56$ 73,780.00$ $134.00 67,000.00$ 134.26$ 67,130.00$ 113.00$ 56,500.00$ 15337‐7‐45 Asphalt Conc Friction Course (Traffic D) FC 12.5 TN 1300 129.11$ 167,843.00$ $117.25 152,425.00$ 144.27$ 187,551.00$ 136.00$ 176,800.00$ 16430‐174‐115 Pipe Culvert Optional Material Round 15" LF 30 71.58$ 2,147.40$ $110.95 3,328.50$ 140.79$ 4,223.70$ 51.00$ 1,530.00$ 17430‐984‐123 Mitered End Section Round 15" EA 2 1,082.49$ 2,164.98$ $1,331.33 2,662.66$ 2,577.62$ 5,155.24$ 1,700.00$ 3,400.00$ 18546‐71 Raised Thermoplastic Rumble Strip PS 4 352.39$ 1,409.56$ $554.72 2,218.88$ 573.07$ 2,292.28$ 566.00$ 2,264.00$ 19570‐1‐2 Performance Turf, Sod SY 16607 2.38$ 39,524.66$ $1.80 29,892.60$ 2.48$ 41,185.36$ 2.50$ 41,517.50$ 20700‐1‐11 Sign Single Post (Up To 12 SF) EA 4 1,376.52$ 5,506.08$ $416.04 1,664.16$ 429.81$ 1,719.24$ 425.00$ 1,700.00$ 21700‐1‐50 Sign Single Post ( Relocate ) within Project EA 12 129.95$ 1,559.40$ $277.36 3,328.32$ 286.54$ 3,438.48$ 283.00$ 3,396.00$ 22700‐1‐60 Sign Single Post ( Remove ) EA 1 22.02$ 22.02$ $83.21 83.21$ 85.96$ 85.96$ 85.00$ 85.00$ 23700‐13‐12 Retroreflective Sign Strips (4 FT Signs) EA 4 93.60$ 374.40$ $61.02 244.08$ 63.04$ 252.16$ 62.30$ 249.20$ 24700‐13‐15 Retroreflective Sign Strips (7 FT Signs) EA 19 107.92$ 2,050.48$ $66.56 1,264.64$ 68.77$ 1,306.63$ 68.00$ 1,292.00$ 25701‐17‐101 Profiled Thermoplastic, Standard, White, Solid 6" GM 1.29 6,475.16$ 8,352.96$ $6,101.94 7,871.50$ 6,303.80$ 8,131.90$ 6,230.00$ 8,036.70$ 26701‐17‐201 Profiled Thermoplastic, Standard, Yellow, Solid 6" GM 1.45 6,475.16$ 9,388.98$ $6,101.94 8,847.81$ 6,303.80$ 9,140.51$ 6,230.00$ 9,033.50$ 27701‐17‐221 Profiled Thermoplastic, Standard, Yellow, Skip 6" GM 0.2 1,817.01$ 363.40$ $1,525.48 305.10$ 1,575.95$ 315.19$ 1,560.00$ 312.00$ 28706‐3 Retro‐reflective Pavement Markers EA 305 4.41$ 1,345.05$ $3.33 1,015.65$ 3.44$ 1,049.20$ 3.40$ 1,037.00$ 29711‐11‐16 Thermoplastic, Standard, White, Message EA 6 165.18$ 991.08$ $72.11 432.66$ 74.50$ 447.00$ 73.60$ 441.60$ 30711‐11‐125 Thermoplastic, Standard, White, Solid, 24" LF 30 4.41$ 132.30$ $6.10 183.00$ 6.30$ 189.00$ 6.20$ 186.00$ 31711‐11‐170 Thermoplastic, Standard, White, Arrow EA 19 57.27$ 1,088.13$ $61.02 1,159.38$ 63.04$ 1,197.76$ 62.30$ 1,183.70$ 32711‐11‐224 Thermoplastic, Standard, Yellow, Solid 18" for Diagonals LF 488 3.30$ 1,610.40$ $4.60 2,244.80$ 4.76$ 2,322.88$ 4.70$ 2,293.60$ 33711‐11‐241 Thermoplastic, Standard, 2‐4 Dotted Guidelines LF 220 1.48$ 325.60$ $1.66 365.20$ 1.72$ 378.40$ 1.70$ 374.00$ 34711‐15‐101 Thermopl, Standard Open Graded, White, Solid, 6" GM 0.42 4,459.94$ 1,873.17$ $4,437.78 1,863.87$ 4,584.57$ 1,925.52$ 4,530.00$ 1,902.60$ 35711‐15‐131 Thermopl, Standard Open Graded, White, 10'‐30'Skip,6"GM 0.02 1,376.52$ 27.53$ $1,109.44 22.19$ 1,146.00$ 22.92$ 1,130.00$ 22.60$ 36711‐15‐201 Thermopl, Standard Open Graded, Yellow, Solid, 6" GM 0.27 4,459.94$ 1,204.18$ $4,437.78 1,198.20$ 4,584.56$ 1,237.83$ 4,530.00$ 1,223.10$ 37711‐11‐231 Thermopl, Standard Open Graded, Yellow, 10'‐30'Skip,6" GM 0.03 1,376.52$ 41.30$ $1,109.44 33.28$ 1,146.33$ 34.39$ 1,130.00$ 33.90$ 38711‐17 Thermoplastic, Remove Existing Pavt Markings SF 7683 1.83$ 14,059.89$ $1.66 12,753.78$ 1.00$ 7,683.00$ 1.70$ 13,061.10$ 39900‐1 Roadway Allowance LS 1 60,000.00$ 60,000.00$ $60,000.00 60,000.00$ 60,000.00$ 60,000.00$ 60,000.00$ 60,000.00$ 40900‐2 As Built Plans LS12,967.79$ 2,967.79$ $1,109.44 1,109.44$ 3,998.12$ 3,998.12$ 2,270.00$ 2,270.00$ TOTAL BASE BID771,364.74$ 796,671.47$ 903,310.02$ 923,248.00$ Bid Documents:‐Material ManufacturersYYYY‐SubcontractorsYYYY‐Statement of ExperienceYYYY‐Trench Safety ActYYYY‐Immigration Law Affidavit / MOU or Profile PageY / Y Y / Y Y / Y Y / N‐W‐9YYYY‐Bid BondYYYYGranting Agency Documents:‐FDOT Prequalified ‐ Grading; Flexible Paving; Pavement Marking; Roadway Signing.YYYN‐Debarment, SuspensionYYYN‐General Grant ClausesYYYNBrenda Brilhart, Procurement StrategistAdam Northrup, WitnessCommunity Asphalt Corp.Ft. MyersPreferred MaterialsTampaAjax PavingVeniceWright ConstructionFt. MyersPage 1 of 116.A.17.b Packet Pg. 487 Attachment: 17-7044_Bid Analysis (2709 : 17-7044 Construction Contract SR 82 and Corkscrew Road) 16.A.17.c Packet Pg. 488 Attachment: Engineer's Bid Review Letter (2709 : 17-7044 Construction Contract SR 82 and Corkscrew Road) 1McClearyMarkFrom:Martin, Jim [Jim.Martin@dot.state.fl.us]Sent:Tuesday, January 10, 2017 2:45 PMTo:McClearyMarkCc:Arico, Richard; BrilhartBrendaSubject:FM 433175-1 RE: 17-7044 SR 82 and Corkscrew Rd Intersection ImprovementsThe DEPARTMENT has review the construction contract and selection process for FM 433175‐1, SR 82 and Corkscrew Road Intersection Improvement. The County is approved to execute the agreement with Wright Construction Group, Inc. Jim Martin, CPM, FCCM Local Program Coordinator Florida Department of Transportation D1 Office Program Management 801 N. Broadway Ave, MS 1‐12, Bartow, FL 33830  863‐519‐2665  DOTNet 881‐2665 Fax: (863) 534‐7179 From: McClearyMark [mailto:MarkMcCleary@colliergov.net] Sent: Friday, January 06, 2017 8:56 AM To: Martin, Jim <Jim.Martin@dot.state.fl.us> Cc: Arico, Richard <Richard.Arico@dot.state.fl.us>; BrilhartBrenda <BrendaBrilhart@colliergov.net> Subject: FW: 17‐7044 SR 82 and Corkscrew Rd Intersection Improvmenet Jim, Please see attached documents that our Procurement Office sent to our Grants office. Our Grant office indicated that we could proceed with the next step, which is likely concurrence from FDOT. Can you please give us concurrence to proceed with executing the construction contract. Sincerely, Mark McCleary, P.E., P.S.M. Principal Project Manager (239).252.8442 cell (239).919.4343 Collier County Growth Management Department Transportation Engineering Division 2885 South Horseshoe Drive Naples, Florida 34104 markmccleary@colliergov.net 16.A.17.d Packet Pg. 489 Attachment: FDOT Concurrence (2709 : 17-7044 Construction Contract SR 82 and Corkscrew Road) 2From: BrilhartBrenda Sent: Wednesday, January 04, 2017 12:10 PM To: StanleyTherese; LingarKimberly Cc: McClearyMark Subject: 17-7044 SR 82 and Corkscrew Rd Intersection Improvmenet Therese/Kimberly, please find construction contract for your review (have placed on the I drive also). Also, Mark will need to obtain FDOT approval prior to submit on Minute Traq. See the page noted in the PDF file for the contract attached, thanks Brenda 1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (pg 43) 2. General Grant Clauses (pg 44) 3. FDOT Prequalification number and letter -- in order to be considered for award, the Bidder must be a FDOT Prequalified Contractor in the following work classes: Grading; Flexible Paving; Pavement Marking; and Roadway Signing. (pg 32) 4. E-verify (pg 19) 5. Sunbiz (attached) 6. SAM (attached) Brenda Brilhart, CPPB, Procurement Strategist Collier County Government Procurement Services 3327 Tamiami Trail East Naples, Florida 34112 (239) 252‐8446 // (239) 252‐6697(fax) brendabrilhart@colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 16.A.17.d Packet Pg. 490 Attachment: FDOT Concurrence (2709 : 17-7044 Construction Contract SR 82 and Corkscrew Road) 1 17-7044 SR 82 & Corkscrew Rd Intersection Improvements CSA Grant Funded Projects: 08312016 SR 82 and Corkscrew Road Intersection Safety Improvements COLLIER COUNTY BID NO. 17-7044 COLLIER COUNTY, FLORIDA Grant Funded – JPA Project #433175-1 Brenda Brilhart, Procurement Strategist Email: brendabrilhart@colliergov.net Telephone: (239) 252 - 8446 FAX: (239) 252 - 6697 Design Professional: Trebilcock Consulting Solutions 2 17-7044 SR 82 & Corkscrew Rd Intersection Improvements CSA Grant Funded Projects: 08312016 TABLE OF CONTENTS PUBLIC NOTICE .......................................................................................................................................... 3 PART B - INSTRUCTIONS TO BIDDERS ................................................................................................... 5 CONSTRUCTION BID ................................................................................................................................ 11 BID SCHEDULE ......................................................................................................................................... 12 MATERIAL MANUFACTURERS ............................................................................................................... 13 LIST OF MAJOR SUBCONTRACTORS .................................................................................................... 14 STATEMENT OF EXPERIENCE OF BIDDER ........................................................................................... 15 TRENCH SAFETY ACT .............................................................................................................................. 16 IMMIGRATION LAW AFFIDAVIT CERTIFICATION ................................................................................. 17 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W – 9 ..................................................................... 18 BID BOND................................................................................................................................................... 22 BIDDERS CHECK LIST ............................................................................................................................. 23 CONSTRUCTION AGREEMENT ............................................................................................................... 24 EXHIBIT A 1: PUBLIC PAYMENT BOND ................................................................................................. 30 EXHIBIT A 2: PUBLIC PERFORMANCE BOND ....................................................................................... 33 EXHIBIT B: INSURANCE REQUIREMENTS ............................................................................................. 36 INSURANCE AND BONDING REQUIREMENTS ...................................................................................... 38 EXHIBIT C: RELEASE AND AFFIDAVIT FORM ....................................................................................... 40 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ..................................................... 41 EXHIBIT E: CHANGE ORDER ................................................................................................................... 42 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION ............................................................... 43 EXHIBIT G: FINAL PAYMENT CHECKLIST ............................................................................................. 45 EXHIBIT H: GENERAL TERMS AND CONDITIONS ................................................................................ 46 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ...................................................................... 72 EXHIBIT J: TECHNICAL SPECIFICATIONS ............................................................................................. 73 EXHIBIT K: PERMITS ................................................................................................................................ 74 EXHIBIT L: STANDARD DETAILS ............................................................................................................ 75 EXHIBIT M: PLANS AND SPECIFICATIONS ........................................................................................... 76 EXHIBIT N: CONTRACTOR’S KEY PERSONNEL ASSIGNED TO THE PROJECT ............................... 77 3 17-7044 SR 82 & Corkscrew Rd Intersection Improvements CSA Grant Funded Projects: 08312016 PUBLIC NOTICE INVITATION TO BID SR 82 and Corkscrew Road Intersection Safety Improvements COUNTY BID NO. 17-7044 Separate sealed bids for the construction of SR 82 and Corkscrew Road Intersection Safety Improvements, addressed to Brenda Brilhart, Procurement Strategist, Procurement Services, will be received at the Collier County Government, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 24th day of October 2016, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. The anticipated project budget is: $640,484. A pre-bid conference will not be held for this solicitation. All questions shall be placed on www.colliergov.net/bid Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, SR 82 and Corkscrew Road Intersection Safety Improvements, Bid No. 17-7044 and Bid Date of November 21, 2016. No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Procurement Services Division website may not be accurate or current. Each bid shall be accompanied by a certified or cashier’s check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. 4 17-7044 SR 82 & Corkscrew Rd Intersection Improvements CSA Grant Funded Projects: 08312016 In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred and eighty (180) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 24th day of October, 2016. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Ted Coyman Director, Procurement Services Division 5 17-7044 SR 82 & Corkscrew Rd Intersection Improvements CSA Grant Funded Projects: 08312016 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner’s discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner’s discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages 11 – 23 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and 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. 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 6 17-7044 SR 82 & Corkscrew Rd Intersection Improvements CSA Grant Funded Projects: 08312016 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 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Procurement Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. 4.2 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 4.3 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 4.4 If Bidder is an individual, his or her signature shall be inscribed. 4.5 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 4.6 All Bids shall have names typed or printed below all signatures. 4.7 All Bids shall state the Bidder's contractor license number. 4.8 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 5. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the 7 17-7044 SR 82 & Corkscrew Rd Intersection Improvements CSA Grant Funded Projects: 08312016 Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 6. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 7. Interpretation of Contract Documents 7.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Procurement Services Division, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 7.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid that it has received all addenda issued and it shall acknowledge same in its Bid. Section 8. Examination of Site and Contract Documents 8.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 8.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 9. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the 8 17-7044 SR 82 & Corkscrew Rd Intersection Improvements CSA Grant Funded Projects: 08312016 Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 10. Bid Quantities 10.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be re jected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. 10.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. Section 11. Award of Contract 11.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with Owner’s then current Procurement Ordinance and policies. 11.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Procurement professional of the Owner’s Procurement Services Division or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 11.3 Award recommendations will be posted outside the offices of the Procurement Services Division generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County 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. 11.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 9 17-7044 SR 82 & Corkscrew Rd Intersection Improvements CSA Grant Funded Projects: 08312016 11.5 Certificate of Authority to Conduct Business in the State of Florida (FL 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 12. Sales Tax 12.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner’s policies and procedures. Section 13. Exclusion of County Permits in Bid Prices 13.1 To ensure compliance with Section 218.80, F.S., otherwise known as “The Public Bid Disclosure Act”, Collier County will pay the Contractor for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. Owner will not be obligated to pay for any permits obtained by Subcontractors. 13.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 14. Use of Subcontractors 14.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be “qualified” as defined in Collier County Ordinance 2013-69, as amended, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor’s disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are “qualified.” 14.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not “qualified” or who do not meet the legal requirements applicable to and necessitated by this Agreement. 14.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 14.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of 10 17-7044 SR 82 & Corkscrew Rd Intersection Improvements CSA Grant Funded Projects: 08312016 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 Contra ct, the Successful Bidder shall identify, subject to Owner’s review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner’s prior written approval. Section 15. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 16. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall con tact any other employee of Collier County in reference to this solicitation, or the vendor’s response, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity’; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.”