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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. Packet Page -1229- 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 Packet Page -1234- 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 Packet Page -1236- 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) Packet Page -1238- 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 Packet Page -12391- 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 Packet Page -1240- 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, Packet Page -1242- 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 Packet Page -1243- 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 Packet Page -1244- 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 Packet Page -1245- 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 36 Packet Page -1269- 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. 37 Packet Page -1270- 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. 38 Packet Page -1271- 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. 39 Packet Page -1272- 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. 40 Packet Page -1273- 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 41 Packet Page -1274- 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. 42 Packet Page -1275- 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," 43 Packet Page -1276- 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. 44 Packet Page -1277- 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. 45 Packet Page -1278- 7/24/2012 Item 16.A.3. 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. 46 Packet Page -1279- 7/24/2012 Item 16.A.3. 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: 47 Packet Page -1280- 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 48 Packet Page -1281- 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: 49 Packet Page -1282- 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 50 Packet Page -1283- 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. 51 Packet Page -1284- :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 sz Packet Page -1285- 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 Packet Page -1286- 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 Packet Page -1287- 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. 55 Packet Page -1288- 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-