REQUEST FOR PROPOSALS FOR ASSET MAINTENANCE CONTRACT

Transcription

1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, District 7, District Contracts Office N. McKinley Drive M.S Tampa, FL January 4, 2010 REQUEST FOR PROPOSALS FOR ASSET MAINTENANCE CONTRACT This is a performance-based project requiring management and performance of maintenance components for the transportation facilities identified in the Scope of Services. The Department intends to award this contract to the responsive and responsible Proposer whose Proposal Package receives the highest score (Technical Proposal Score plus Price Score) upon evaluation by the Department. A MANDATORY PRE-PROPOSAL MEETING will be held at the Tampa District Seven Headquarters Office, North McKinley Drive in Tampa, FL., on WEDNESDAY, JANUARY 26, 2010 at 1:00 PM IN THE AUDITORIUM. Price Proposal packages will be handed-out at the conclusion of the Pre-Proposal meeting. For more information, please call Sharlena Korman at (813) *. Contract # E7G25 Financial No.: Provide Asset Maintenance Services on the Contract known as the I-275 (Sunshine Skyway Bridge System) Asset Maintenance Contract. This contract is a performance-based contract. Maintain the roadways, structures, and facilities as identified in the Scope uniformly and consistently throughout the contract period by meeting the performance specifications/measures established in the Scope of Services. Contract duration is 6 years with a renewal option for one or more additional terms. Technical and Price Proposals are due on and will be read publicly on March 15, 2010 at 2:30 p.m. at the Tampa District Seven Headquarters Office, North McKinley Drive in Tampa, FL.* *Anyone needing special accommodations under the Americans with Disabilities Act of 1990 should send an to: sharlena.korman@dot.state.fl.us or call telephone number (813) Special accommodation requests under the Americans with Disabilities Act should be made at least five (5) days prior to the public meeting. If you are hearing or speech impaired, please contact the Department using the Florida Relay Service at (800) TDD. Qualification of Proposer: The Department will determine whether the Proposer is qualified to perform the services being contracted based upon their Proposal Package which must demonstrate satisfactory experience and capability in the required areas of work. The Proposer shall identify experienced personnel and facilities that are necessary to support the activities associated with this Request for Proposal.

2 DOCUMENT ORDERING INFORMATION: An RFP/Scope Package can be obtained from Florida Department of Transportation District Seven District Contracts Office North McKinley Drive Mail Station Tampa, Florida (813) A fee of $5.00 will be charged for the RFP Package for this project. All orders must include a FAX Order Form ( ) with your payment. Contractors that want to charge to a credit card (American Express, Visa, MasterCard and Discover accepted) can FAX orders to (813) by using a FDOT official District 7 Fax Order Form. Orders should be placed to allow a minimum of three days for processing time and delivery. The Fax Order Form can be downloaded from Current State of Florida Vendor Registration Number is required for order processing; please visit for more information or call for assistance. No refund will be made. Phone orders will not be accepted. If you wish to pick up your bid package, please place your order first and we will call you when it is ready for pick up. Bidders may obtain Preliminary Bid Results at: tenance.shtm AFFIRMATIVE ACTION: The Florida Department of Transportation in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d to 2000d-4 and related authorities and Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation issued pursuant to such Act, hereby notifies all that the Department will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises and disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to this invitation. Further, the Department will not discriminate against proposer on the grounds of race, color, national origin, sex, age, or disability/handicap in consideration for an award. No company will be awarded a contract unless they have an approved DBE Affirmative Action Program Plan. Please review the DBE Bid Package and the Special Provisions for instructions for submission of a DBE Affirmative Action Plan. Anticipated DBE Participation Statement and Bid Opportunity List shall be submitted with bid.

3 PROPOSAL REJECTION: The right is reserved to reject any or all proposals. Proposals may be rejected if the lowest responsive bid received exceeds the engineer's estimate by more than ten per cent (10%). In the event any of the bids are rejected for this reason, the project may be deferred for re-advertising until a more competitive situation exists. PROPOSAL GUARANTY/BID BOND: A Proposal Guaranty of not less than five percent (5%) of the total actual bid in the form of either a certified check, cashier's check, trust company treasurer's check, bank draft of any national or state bank, or a Surety Bid Bond made payable to the Florida Department of Transportation must accompany each bid in excess of $150, A check or draft in an amount less than five percent (5%) of the actual bid will invalidate the bid. Bid Bonds shall conform to DOT Form furnished with the Proposal. PREQUALIFICATION: Maintenance contracts do not require a contractor to have a certificate of qualification, unless stipulated in the project description and specifications. If deemed necessary by the Department, certain maintenance contracts will contain specific requirements for maintenance contractor eligibility. DEADLINE FOR ISSUING PROPOSALS: No Price Proposal shall be issued before or after the Mandatory Pre-Proposal meeting. List of proposal holders is confidential three (3) working days prior to the deadline for receipt of Technical and Price Proposals. PERFORMANCE AND PAYMENT BOND: An annual Performance and Payment bond will be required for the project in the amount of the annual budget allotment. Advertised budget estimates are for information only: ACTUAL COMMITMENT AND FINAL EXECUTION OF ALL CONTRACTS ARE CONTINGENT UPON AN APPROVED LEGISLATIVE BUDGET AND FUNDS AVAILABILITY. AUTHORIZATION TO DO BUSINESS: If requested after the proposal opening, a Corporation must show proof that it is authorized to do business in the State of Florida. TECHNICAL AND PRICE POSTING: Unless proposers are notified by fax transmission, , or express delivery, the ranking of the proposers will be posted on the District Seven website and the Vendor Bid System at the time designated on the Calendar of Events within the RFP package. Posting provides notice of the Department's intent to award a contract or to reject any or all proposals. PROTEST RIGHTS: BID SOLICITATION/NON AWARD/CONTRACT AWARD: See DOT Rule and Section (5)(a) Florida Statutes for any question on rights of any person filing an action protesting a bid solicitation, a bid rejection, or an award. The required notice of protest, protest bond and formal protest must each be timely filed with the Clerk of Agency Proceedings, Florida Department of Transportation, Mail Station 58,

4 Room 550, Haydon Burns Building, 605 Suwannee Street, Tallahassee, Florida Failure to file a protest within the time prescribed in Section (3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Call for bond forms and pertinent information. MINIMUM WAGE: Pursuant to the Florida Minimum Wage Act, Article X, Section 24, Constitution of the State of Florida, the minimum wage in Florida shall be $7.25 per hour effective July 24, CURRENT CAPACITY: In order for the Department to have the information required to determine a bidder's current capacity, it is necessary that the bidder certify the total dollar amount of all work the bidder has underway. This certification shall be accomplished electronically by submitting the Certification of Work Underway (Online Web Application) to the Department concurrently with the bid submittal for the first letting in the calendar month that the bidder submits a bid. INSURANCE: Requirements are outlined in the Request for Proposal. Proof of insurance shall be submitted before the contract can be executed. Contract numbers must be on the Insurance Certificate(s).

5 12/01/2009 State of Florida Department of Transportation Contract # _E7G25, Financial Project Number (s) TBD DBE Availability 8.18% REQUEST FOR PROPOSAL (RFP) I-275 (SUNSHINE SKYWAY BRIDGE) ASSET MAINTENANCE CONTRACT PROPOSAL REQUIREMENTS

6 RFP Asset Maintenance Contract E7G25 TABLE OF CONTENTS TITLE PAGE NO. 1. Technical Proposal Submittal 4 2. Contractor Registration 4 3. MyFloridaMarketPlace- Transaction FEE 4 4. Schedule of Events 4 * Mandatory Pre Proposal Meeting 5 ** RFP Questions and Answers 6 5. Contract Renewal 6 6. Oral Instructions/Changes to Proposal Requirements (Addenda) 6 7. Proposer Qualification General Qualifications of Key Personnel Authorized to do Business in the State of Florida Licensed to Conduct Business in the State of Florida Review of Facilities and Qualifications 7 8. Department Reservations and Responsiveness of Proposals General Responsiveness of Proposals Multiple Proposals Other Conditions Waivers 8 9. Contractual Obligations Unauthorized Aliens Discrimination Liability Insurance Method of Compensation Payment and Compensation of Funds Performance Bond Costs Incurred in Proposal Submittal Cancellation Privileges Drug-Free Work Place Programs Attachment to Proposal Package Submittal- Confidential 10 Material 14. Copyrighted Material Proposal Package Modification, Withdrawal and Resubmittal Modification, Withdrawal and Resubmittal Proposal Format Instructions General Instructions Technical Proposal Price Proposal Payment Schedule Presenting the Proposal Package Diversity Achievement 13 2

7 RFP Asset Maintenance Contract E7G Affirmative Action Disadvantaged Business Enterprise (DBE) Utilization Evaluation of Proposals Evaluation Process Criteria for Evaluation Award of the Contract/Notice to Proceed 15 ATTACHMENTS: ASSET MAINTENANCE SCOPE OF SERVICE Proposal Blank Form # Asset Maintenance Pay Item, (Lump Sum) Price Sheet Drug Free Workplace Program Certification, # Letter of Signature Authority (if applicable) Addenda, if applicable Division I Specification (2010) 3

8 RFP Asset Maintenance Contract E7G25 SPECIAL CONDITIONS 1) TECHNICAL PROPOSAL SUBMITTAL The State of Florida Department of Transportation hereinafter referred to as the Department will accept proposals for: Project Location (s) and Work Description: I-275 (Sunshine Skyway Bridge) Asset Maintenance Contract The Department intends to award this contract to the responsive and responsible Proposer whose Proposal Package receives the highest score (Technical Proposal Score plus Price Score) upon evaluation by the Department. After the award, said Proposer will be referred to as the Contractor. For the purpose of this document, the term "Proposer" means the prime Contractor acting on their behalf. The term "Proposal Package" means the complete Proposal Package of the Proposer, including properly completed forms and supporting documentation. Details of the services, information and items to be furnished by the Contractor are described in the Asset Maintenance Scope of Services with Attachments, attached hereto and made a part hereof. 2) CONTRACTOR REGISTRATION All contractors that have not re-registered with the State of Florida since March 31, 2003, must go to to complete on-line registration, or call for assisted registration. 3) MYFLORIDAMARKETPLACE TRANSACTION FEE This contract is exempt from the MyFloridaMarketPlace Transaction Fee, pursuant to Rule 60A , Florida Administrative Code. 4) SCHEDULE OF EVENTS Below is the current schedule of the remaining events that will take place in the selection process. The Department reserves the right to make changes or alterations to the schedule as necessary to serve the best interests of the public. Proposers will be notified sufficiently in advance of any changes or alterations in the schedule. Unless otherwise notified in writing by the Department, the dates indicated below for submission of items or for other actions on the part of a Proposer will constitute absolute deadlines for those activities and failure to fully comply by the time stated will cause a Proposer to be disqualified. 4

9 RFP Asset Maintenance Contract E7G25 Schedule of Events ACTIVITY DATE TIME LOCATION (Local) *Mandatory Pre-Proposal Meeting 01/26/10 1:00 P.M. FDOT District 7 Headquarters Tampa Auditorium **Final Deadline for Technical Proposal Questions (Written) 02/26/10 5:00 P.M. nstructionbidquestions.asp Technical and Price Proposals Due 03/15/10 2:30 P.M N. McKinley Drive Tampa, FL Technical Review Committee Meeting and Public Announcement of Technical Scores, Public Opening of Price Proposals and Public Announcement of Prices 04/21/10 2:30 p.m. Executive CR N. McKinley Drive Tampa, FL Posting of Department s Decision to Award * MANDATORY PRE- PROPOSAL MEETING 05/05/10 2:30 P.M. ationdistrict7/asset_maintenance/assetmain tenance.shtm. The meeting will be for the purpose of providing an open forum for discussion on the Scope of Services, the Proposal Requirements and/or any other matter associated with this Request for Proposals. Proposal Blanks will only be issued to attendees. Attendance at the Pre-proposal meeting is mandatory and any Proposer who fails to attend will be deemed non-responsive and automatically disqualified from further consideration. LATE ARRIVALS TO MANDATORY PREBID MEETINGS: Anyone not present and signed in after the start of the mandatory pre-bid meeting commencement time will be considered late and will not be allowed to bid on the project. During and after the meeting, it is the responsibility of the Project Manager/Contracting Unit to ensure that each Proposer develops their technical proposal with the same information. If a Proposer receives information from the Department relating to the project prior to the information cutoff date, the Department will ensure that all Proposers receive the same information in a timely fashion. The project file will clearly document all communications by the Contracting Unit or the Project Manager with any Firm regarding the contract details. Any person requiring special accommodations at any meeting, because of a disability or physical impairment should contact the District Contracts Office at (813) not later than five (5) days prior to the meeting. If you are hearing or speech impaired, please contact the Department using the Florida Relay Service at (800) TDD. 5

10 RFP Asset Maintenance Contract E7G25 ** RFP QUESTIONS & ANSWERS Any technical questions arising from this Request for Proposals must be forwarded, in writing, to the District Contracts Administrator at the web address indicated above. In order for technical questions to be answered in a timely fashion, technical questions must be received no later than the date and time shown in the RFP section above. The Department s written responses to written inquiries submitted timely by potential Proposers will be provided to all perspective Proposers by hard copy or Internet at It is the responsibility of all potential Proposers to monitor this site for any changing information prior to submitting their proposal. Only written inquiries from potential Proposers, which are signed by persons authorized to contractually bind the Proposers, will be recognized by the Department as duly authorized expressions on behalf of the potential Proposers. 5) CONTRACT RENEWAL The initial term of the contract will be six (6) years and is anticipated to begin on (Date) 07/01/10. Renewals shall be at the sole discretion and option of the Department and must be agreed to in writing by both parties. Each renewal will be for one or more additional terms of any length, with the combined length of all renewal terms not to exceed the length of the original term of the contract. 6) ORAL INSTRUCTIONS / CHANGES TO PROPOSAL REQUIREMENTS (ADDENDA) No negotiations, decisions, or actions will be initiated or executed by a potential Proposer as a result of any oral discussions with a State employee. Only those communications which are in writing from the Department will be considered as a duly authorized expression on behalf of the Department. Notices of changes (addenda) will be posted on the Department of Transportation Contracts Administration Web Site under this contract number at It is the responsibility of all potential Proposers to monitor this site for any changing information prior to submitting your Proposal. All addenda will be acknowledged by signature and subsequent submission of addenda with the technical proposal when so stated in the addenda. 7) PROPOSER QUALIFICATIONS 7.1 General The Department will determine whether the Proposer is qualified to perform the services being contracted based upon their Proposal Package demonstrating satisfactory experience and capability in the work area. The Proposer shall identify necessary experienced personnel and facilities to support the activities associated with this Proposal. 6

11 RFP Asset Maintenance Contract E7G Qualifications of Key Personnel Those individuals who will be directly involved in the project will have demonstrated experience in the areas delineated in the scope of work. Project Management and key personnel within each area of required services will be identified in the Technical Proposal as well as past experience of each, as it relates to this project. Any changes in the indicated personnel will be subject to review and approval by the Department's Project Manager. Where State of Florida registration or certification is required, a copy of the registration or certificate will be included in the Proposal Package. 7.3 Authorized To Do Business in the State of Florida In accordance with sections and , Florida Statutes, foreign corporations and foreign limited partnerships must be authorized to do business in the State of Florida. Such authorization should be obtained by the Proposal Package due date and time, but in any case, must be obtained prior to posting of the intended award of the contract. For authorization, contact: Florida Department of State Tallahassee, Florida (850) Licensed to Conduct Business in the State of Florida If the services being provided require that individuals be licensed by the Department of Business and Professional Regulation, such licenses should be obtained by the Proposal Package due date and time. For licensing, contact: Florida Department of Business and Professional Regulation Tallahassee, Florida (850) Review of Facilities and Qualifications After the Proposal Package due date and prior to contract award, the Department may review various phases of the on-site operations, such as verification of data submitted by the Proposer to determine whether the Proposer has an adequate, qualified, and experienced staff, and can provide overall management facilities. The review may also serve to verify whether the Proposer has the financial capability adequate to meet the contract requirements, the review may also verify the size or nature of the Proposer's facilities and if the number of experienced personnel (including technical staff) are adequate to ensure satisfactory contract performance. The Department has the right to reject the Proposal if not in compliance with submitted proposal. 7

12 RFP Asset Maintenance Contract E7G25 8) DEPARTMENT RESERVATIONS AND RESPONSIVENESS OF PROPOSALS 8.1 General The Department reserves the right to accept or reject any or all Proposals received and reserves the right to make an award without further discussion of the Proposal Packages submitted. It is understood that the Proposal Package will become a part of the Department s official file, without obligation to the Department. 8.2 Responsiveness of Proposals Proposals will not be considered if received by the Department after the date and time specified as the due date for submission. If this contract features a maximum bid cap, Proposals will be considered non-responsive if the established maximum allowed bid cap is exceeded. All Proposals must be typed or printed in ink. Proposals found to be non-responsive shall not be considered. Proposals may be rejected if found to be irregular or not in conformance with the requirements and instructions herein contained. 8.3 Multiple Proposals Proposals may be rejected if more than one Proposal is received from a Proposer. Such duplicate interest may cause the rejection of all Proposals in which such Proposer has participated. Subcontractors may appear in more than one Proposal. 8.4 Other Conditions Other conditions which may cause rejection of Proposals include, but are not limited to, evidence of collusion among Proposers, obvious lack of experience or expertise to perform the required work, failure to perform or meet contractual obligations on previous contracts, or in the event an individual, firm, partnership, or corporation is on the Listing of Parties Excluded from Federal Procurement and Non procurement Programs, or the Proposer s or it s affiliate (s) qualification to propose is suspended, revoked, or denied by any public agency or semi-public agency. 8.5 Waivers The Department may waive minor informalities or irregularities in Proposals received where such is merely a matter of form and not substance, and the correction or waiver of which is not prejudicial to other Proposers. Minor irregularities are defined as those that will not have an adverse effect on the Department's interest and will not affect the price of the Proposal by giving a Proposer an advantage or benefit not enjoyed by other Proposers. 9) CONTRACTUAL OBLIGATIONS The Contractor will be required to ensure that each individual, partnership, firm or corporation that is part of the Proposer team, by subcontract, will be subject to, and comply with, the contractual requirements. 8

13 RFP Asset Maintenance Contract E7G Unauthorized Aliens The employment of unauthorized aliens by any contractor is considered a violation of Section 274A (e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens or knowingly hires subcontractors who employ unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract. 9.2 Discrimination A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime 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 Section F.S., for Category Two. All restrictions apply for a period of thirty six (36) months from the date of placement on the convicted vendor list. 9.3 Liability Insurance The Contractor must have and maintain during the initial term of this contract and all renewal periods, the following policies/coverages, with a company authorized to do business in Florida: Comprehensive General Liability Insurance, providing Combined Single Limits of One million dollars ($1 million)per occurrence, Five million dollars ($5 million) annual aggregate, and Products/completed operations with an annual aggregate of at least Two million dollars ($2 million). The Comprehensive General Liability coverages may be provide in a single policy or in combination with an Umbrella/Excess policy (Occurrence) having limits of Four million dollars ($4 million) each occurrence and annual aggregate. The umbrella/excess liability insurance policy or specific excess policy shall provided coverages that are no less broad than those provided by the scheduled underlying primary policies. Policy inception and expiration dates must also be concurrent with the inception and expiration dates of the primary underlying liability policies. The Contractor shall cause the Department to be an additional insured party on the Comprehensive General Liability and Umbrella/Excess insurance policies that insure the Contractor for the work that it performs under the Contract. Automobile Liability insurance providing coverage of a Combined Single Limit (each accident) of One million dollars ($1 million) for: Any Auto, All Owned Autos and Hired Autos. The Contractor shall cause the Department to be an additional insured party on the Automobile Liability policy that insures the Contractor for the work that it performs under the Contract. Professional liability insurance policy affording Professional Liability Coverage for the professional services to be rendered in accordance with this contract in the amount of at least $1,000,000. The Contractor will submit certificates of insurance reflecting the foregoing coverages and copies of policy endorsements causing the Department to be an additional insured on the respective policies prior to contract execution. Within 30 days after execution of the contract the Contractor will provide to the Department a complete copy of all insurance policies. 9

14 RFP Asset Maintenance Contract E7G Method of Compensation (Contingent upon an approved Legislative budget and funds availability.) See Section 16.4, Payment Schedule, of this RFP. Also see Attachment I, Payment Schedule, of the Scope of Services. Purpose: This Exhibit defines the limits and method of compensation to be made to the Contractor for services set forth in the Attachments and the method by which payments shall be made. Compensation: For the satisfactory performance of the services detailed in the Scope of Services, the Contractor shall be paid a Lump Sum Amount. 9.5 Payment and Compensation of Funds Payments and compensation will be as per the Asset Maintenance Scope of Service. 10) COSTS INCURRED IN PROPOSAL SUBMITTAL This Request for Proposals does not commit the Department or any other public agency to pay any costs incurred by an individual firm, partnership, or corporation in the submission of a Proposal Package or to make necessary studies or designs for the preparation thereof, nor to procure or contract for any articles or services. 11) CANCELLATION PRIVILEGES Pursuant to Chapter (a) during any fiscal year the Department shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. A statement from the Department s Office of Comptroller declaring that funds are available shall be required prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. If the Department deems at any time during the term of this agreement that monies lawfully applicable to this agreement shall not be available for the remainder of this term, or that for cause the agreement shall be cancelled, the Department shall notify the Contractor in writing, with instructions as to the effective date of cancellation, whereupon the obligations of the parties herein shall end and this agreement shall be considered cancelled by mutual consent. This Contract may be canceled by the Contractor only by mutual consent of both parties. 10

15 RFP Asset Maintenance Contract E7G25 12) DRUG-FREE WORKPLACE PROGRAMS Whenever two or more proposals which are equal with respect to price, quality and service are received for the contract of services, a Proposal received from a business that certifies that it has implemented a drug-free workplace program in accordance with Section , Florida Statutes, shall be given preference in the award process. Attach the Drug-Free Workplace Certification Form in the Price Proposal (if applicable). 13) ATTACHMENT TO PROPOSAL PACKAGE SUBMITTAL - CONFIDENTIAL MATERIAL The Proposer must include any materials it asserts to be exempted from public disclosure under Chapter 119, Florida Statutes, in a separate bound document labeled "Name of Proposer, Attachment to Proposal Package, Technical or Price Proposal (as applicable), Contract # E7G25 - Confidential Material". The Proposer must identify the specific Statute that authorizes exemption from the Public Records Law. Any claim of confidentiality on materials the Proposer asserts to be exempt from public disclosure and placed elsewhere in the Proposal will be considered waived by the Proposer upon submission, effective after opening. 14) COPYRIGHTED MATERIAL Copyrighted material will be accepted as part of a technical proposal only if accompanied by a waiver that will allow the Department to make paper and electronic copies necessary for the use of Department staff and agents. It is noted that copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Therefore, such material will be subject to viewing by the public, but copies of the material will not be provided to the public. 15) PROPOSAL PACKAGE MODIFICATION, WITHDRAWAL AND RESUBMITTAL PRIOR TO DUE DATE 15.1 Modification, Withdrawal and Resubmittal Proposers may modify submitted Proposal Packages at any time prior to the Proposal Package due date. Requests for modification of a submitted Proposal Package shall be in writing and shall be signed by an authorized signatory of the Proposer. Upon receipt and acceptance of such a request, the entire Proposal Package will be returned to the Proposer and not considered unless resubmitted by the due date and time. Proposers may also send a change in a sealed envelope to be opened at the same time as the applicable proposal. The Contract Number, Proposer s Name & Vendor Number, the phrase Technical Proposal Modification or Price Proposal Modification as appropriate, as well as the applicable opening date and time should appear on the envelope. Requests for withdrawal of Proposal Packages after Proposal Package due date and time will be considered if received by the Department, in writing, prior to the Technical Proposal Package opening date and time. Resubmittal in this event will not be allowed. 11

16 RFP Asset Maintenance Contract E7G25 16) PROPOSAL FORMAT INSTRUCTIONS 16.1 General Information This section contains instructions that describe the required format for the Proposal Package. All submitted Proposal Packages shall contain two parts and be marked as follows: PART I TECHNICAL PROPOSAL - CONTRACT NUMBER E7G25 (One Separately Sealed Package for Technicals) PART II PRICE PROPOSAL - CONTRACT NUMBER E7G25 (One Separately Sealed Package for Prices) Separately Sealed Packages May Be Mailed Together In One Envelope Or Box Technical Proposal (Part I) (1 original + 6 copies) (Do not include price information in Part I) The Proposer must submit one (1) original and (6) copies of the technical proposal which are to be divided into the sections described in 17.2 below. Since the Department will expect all technical proposals to be in this format, failure of the Proposer to follow this outline may result in the rejection of the Proposal Package. Understand that the submitted Technical Proposal will become a part of the Contract and the Contractor will be expected to adhere to commitments made in the Technical Proposal Price Proposal (Part II) (1 original + 1 copies) The price proposal information is to be submitted as one (1) original and (1) copy in a separate sealed package marked "PRICE PROPOSAL CONTRACT NUMBER E7G25". The Price Proposal information shall be submitted on the forms provided in the Proposal Package when issued Payment Schedule The Contractor shall be paid monthly according to the schedule below. After the contract is awarded, these factors will be used to fill in actual monthly payment amounts into the Payment Schedule Chart in the Asset Maintenance Scope of Services. For all contract years of the original contract term, the monthly dollar amount will be the total Contract amount multiplied by the monthly factor listed below divided by number of years of original contract term. For each renewal year, the monthly dollar amount will be the total Renewal amount multiplied by the monthly factor as determined by the renewal year pay schedule on the following table for even and odd years. 12

17 RFP Asset Maintenance Contract E7G25 Contract Year Renewal Year Month Odd Even Yearly Total Presenting the Proposal Packages The Proposal Packages shall be limited to a page size of eight and one-half by eleven inches (8½" x 11"). Foldout pages may be used, where appropriate, but should not exceed five (5) percent of the total number of pages comprising the proposal. Type size shall not be less than 10 point font. The packages should be indexed and all pages sequentially numbered. Bindings and covers will be at the Proposer's discretion. The Technical Proposal shall not use words such as may, might, should, etc. Use only statements of what the Proposer will or will not accomplish. Unnecessarily elaborate special brochures, art work, expensive paper and expensive visual and other presentation aids are neither necessary nor desired. It is recognized that existing financial reports, documents, or brochures, such as those that delineate the Proposer's general capabilities and experience, may not comply with the prescribed format. It is not the intent to have these documents reformatted and they will be acceptable in their existing form Diversity Achievement The Department encourages the recruitment and utilization of certified and non-certified minority businesses. The Department, its contractors, consultants, and suppliersshould take all necessary and reasonable steps to ensure that minority businesses have the opportunity to compete for and perform contract work for the Department in a nondiscriminatory environment Affirmative Action The State of Florida Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 and other nondiscrimination authorities, hereby notifies all proposers that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, Disadvantaged Business Enterprises will be afforded full opportunity to submit proposals in response to this invitation. 13

18 RFP Asset Maintenance Contract E7G25 Further, the Florida Department of Transportation will not discriminate against proposers on the basis of race, color, sex, or national origin in consideration for an award. No company will be awarded a contract unless they have an approved DBE Affirmative Action Program Plan. Please review the "DBE Bid Package" and the Maintenance Special Provisions for instructions for submission of a DBE Affirmative Action Plan Disadvantaged Business Enterprise (DBE) Utilization The Department encourages DBE firms to compete for Department contracts, and also encourages non-dbe and other minority contractors to use DBE firms as sub-contractors. The successful contractor shall indicate their intention regarding DBE participation on the Anticipated DBE Participation Statement. Submission of this Statement is required at the Pre-Work Conference and annually, thereafter. The Anticipated DBE Participation Statement form will be supplied to the successful contractor by the District Contracts Office upon award. To request certification or to locate DBEs, call the Department of Transportation s Equal Opportunity Office at (850) , or access an application or listing of DBEs on the Internet at 17) EVALUATION OF PROPOSALS 17.1 Evaluation Process: A Technical Evaluation Committee, hereinafter referred to as the "Committee", will be established to review and evaluate each Proposal Package submitted in response to this Proposal Solicitation. The Committee will consist of at least three persons, with no more than five persons with background, experience, and/or professional credentials in relative service areas. The District Contracts Office will distribute to each member of the Committee a copy of each technical proposal. The committee members will independently evaluate the Proposals on the criteria established in the section below entitled "Criteria for Evaluation" in order to assure that Proposals are uniformly rated. The Committee will then assign points, utilizing the technical evaluation criteria identified herein and complete a technical summary. Proposing firms must receive an average technical proposal score of at least (70) percent of the maximum attainable points established for scoring the Technical Proposal to be considered responsive The District Contracts Office and/or the Project Manager/Technical Evaluation Committee will review and evaluate the price packages and prepare a summary of its price evaluation. Points will be assigned based on price evaluation criteria identified herein. During the process of evaluation, the District Contracts Office will conduct examinations of Proposals for responsiveness to requirements of the Proposal Solicitation. Those determined to be nonresponsive will be automatically rejected Criteria for Evaluation Proposals will be evaluated and graded in accordance with the criteria detailed below. 14

19 RFP Asset Maintenance Contract E7G Technical Proposal Technical evaluation is the process of reviewing the Proposer's Executive Summary, Administration Plan, Management and Technical Plan, Operation Plan, Plan for Compliance with Standards and Plan for understanding of project, qualifications, approach and capabilities, to assure a quality product. Technical Score = Average Tech Score x 65% The following maximum attainable point values are established for scoring the technical proposal: ITEM VALUE 1. Executive Summary Administration Plan 20 a. Identification of Key Personnel 6 b. Contractor Experience 7 c. DBE/Respect/Agency Participation 3 d. Proposed Facilities Capabilities 4 3. Management and Technical Plan 30 a. Plan to Achieve and Maintain MRP 0 b. Permit Processing Plan 0 c. Bridge Inspection 25 d. Customer Service Resolution Plan 5 4. Operation Plan 30 a. Incident Response Operations 10 b. Routine/Periodic Maintenance Operations 20 c. Rest Area Maintenance Operations 0 5. Plan for Compliance with Standards 20 a. Compliance with current Department Procedures, FL Statues and FL 10 Administrative Code b. Compliance with current Department Manuals, Guides and 10 Handbooks Max Technical Raw Score = EXECUTIVE SUMMARY The Proposer shall provide an Executive Summary to be written in non technical language to summarize the Proposer's overall capabilities and approaches for accomplishing the services specified herein. The Proposer is encouraged to limit the Executive Summary to no more than ten (10) pages. 15

20 RFP Asset Maintenance Contract E7G25 2. ADMINISTRATION PLAN The Proposer shall provide an administration plan which identifies key personnel and describes the functions and responsibilities of each key person relative to the task to be performed. In addition, the administration plan shall describe the contractor s experience, and may include any plans for DBE participation. The Proposer must include a description of the organizational structure, administrative methodology used to provide services reliability, and means of coordination and communication. The Proposer must provide a description and location of the Proposer's facilities as they currently exist, proposed facilities, and the manner in which these facilities will be employed for the purpose of this work. 3. MANAGEMENT and TECHNICAL PLAN The Proposer shall provide a management and technical plan which explains the management and technical approach and plans to achieve and maintain the required Maintenance Rating (MRP), permit processing plan, bridge inspection plan and customer service resolution plan. The Proposer should explain the approach, capabilities, and means to be used in accomplishing the tasks in the Asset Maintenance Scope of Services, and where significant development difficulties may be anticipated and resolved. Any specific techniques to be used should also be addressed. 4. OPERATIONS PLAN The Proposer must provide an operations plan which explains the approach and methods to be used in managing and conducting incident response, routine & periodic*- maintenance, bridge maintenance and rest area maintenance. 5. PLAN FOR COMPLIANCE WITH STANDARDS The Proposer must provide a plan for ensuring compliance with current Department Procedures, Department and Federal Manuals, Guides and Handbooks, Florida Statutes and Florida Administrative Code Rules and other requirements as referenced in the Scope of Services. The Proposer must describe the approach and methods to be used to monitor, report and ensure compliance with the Scope of Services Price Proposal Price evaluation is the process of examining a prospective price without evaluation of the separate cost elements and proposed profit of the potential provider. Price analysis is conducted through the comparison of price quotations submitted. The criteria for price evaluation shall be based upon the following formula: Price Score = 100 x (Lowest Bid / Proposer s Price) x 35 (established Price Proposal) % Total Proposal Score Assuming all other criteria are met, the Contract will be awarded to the Proposer with the highest Total Proposal Score. Total Proposal Score = Technical Score + Price Score 16

21 RFP Asset Maintenance Contract E7G25 18) AWARD OF THE CONTRACT/NOTICE TO PROCEED The Contractor will be authorized to begin when they receive the following documents indicating the encumbrance of funds and award of the contract: a) An executed contract and b) A written Notice to Proceed, issued by the Project Manager. 17

22 SCOPE OF SERVICES I-275 (SUNSHINE SKYWAY BRIDGE) ASSET MAINTENANCE CONTRACT (REV ) CONTRACT ADMINISTRATION Contract Number: E7G25 Financial Project Number (s): OBJECTIVE This performance-based contract requires the inspection, management and maintenance of all components of the transportation facility as identified herein. All such maintenance activities the Department s Maintenance Division formerly performed within the limits of this contract are now to be performed by the Contractor, unless otherwise exempted in this contract. Rather than the Department directing specific work as in most traditional maintenance contracts, this performance-based contract requires the Contractor to continually produce a quality product. The Department will continually evaluate the Contractor s quality of work performed and if applicable rules and procedures were followed to achieve results. The Department is entrusting the Contractor to care for and maintain select roadways, structures, and facilities of Florida s state roads and fully expects the Contractor to take pride in performing a high level of maintenance. The continual quality of the maintenance of the roadways, structures, and facilities will be a direct reflection, under public scrutiny, of the quality and integrity of the Contractor. The roadways, structures, and facilities included in the scope of this contract are as follows: The project limits for this contract include the following bridges, overhead sign structures, high mast light poles and traffic mast arms, as applicable: The structures included are: Older south (east) fishing pier Newer south (west) fishing pier * Sunshine Skyway Cable-stayed Bridge Older north (east) fishing pier Newer north (west) fishing pier I-275 SB over north rest area access roadway I-275 NB over north rest area access roadway I-275 SB over Bunces Pass I-275 NB over Bunces Pass I-275 SB over Maximo Pass (Misener Bridge) I-275 NB over Maximo Pass (Misener Bridge) *Included with the Skyway Bridge are thirty-six (36) large concrete dolphins.

23 The sign structures included are: 15S294 15S295 15S296 15S386 15S388 15S298 15S384 15S385 15S387 Also included in this contract is maintenance of the electrical components at the north electrical building, approximately 1200 feet from the north abutment of the bridge on the east side. Maintenance items include but are not limited to the circuit breakers, transformer and disconnect. The roadways connecting these bridges are not included in this contract. However, in the event of a structure emergency response, the Contractor will restore all roadway components in accordance with applicable requirements. Roadways connecting these bridges are not included. GENERAL REQUIREMENTS 1. Current Standards and Subsequent Updates Perform all work to current Department Standards and Specifications throughout the contract duration, as may be updated throughout the life of the contract. Inspect, manage and maintain all assets within the project limits as identified in this scope, perform work that is consistent with the Department s maintenance practices, and produce end results in accordance with Contract Documents in effect at the time of the performance of any work. Contract Documents include Florida Statutes, Florida Administrative Code, Design Standards, Maintenance Activity Standards, Rules, Procedures, Handbooks, Guides, Manuals, and applicable Department Specifications. Obtain the latest Department Specifications, including the Standard Specifications for Road and Bridge Construction, Workbook of Implemented Modifications to the Standard Specifications, and Mandatory Revisions to the Workbook, from the State Specifications Office Website on the Internet ( Obtain the latest Standard Maintenance Special Provisions from the Maintenance Office Website on the Internet 2. Contract Length The initial Contract term is 6 years with a renewal option for one or more additional terms of any length, with the combined length of all renewal terms not to exceed the length of the original term of the contract. Renewals will be made at the sole discretion and option of the Department and must be agreed upon in writing by both parties. If the Department elects to renew, the Department will negotiate with the Contractor an adjustment factor to be applied to the original annual contract amount. The adjustment factor may be positive, negative, or zero. If negotiations do not lead to a mutually agreed upon adjustment factor, the contract shall not be renewed. The renewed contract amount will be calculated by applying the adjustment factor to the original contract amount, then adjusting for supplemental agreements as appropriate.

24 Renewal is contingent upon the availability of funds, satisfactory performance of the Contractor, and other factors as determined by the Department. 3. Invoicing and Compensation This is a lump sum contract. Invoice the Department monthly according to the monthly amounts shown in payout schedule. Breakdown the monthly invoice by maintenance area for all work units completed for each Maintenance Management System (MMS) activity number. 4. Organizational Structure Upon contract execution, provide a detailed organizational structure. Clearly define the responsibilities of each position identified in the organization structure. Provide qualifications of all personnel. Throughout the contract duration, submit all changes to organizational structure or position responsibility to the Department. Decisions regularly require engineering judgment that may affect public health and safety. These decisions require the services of a Professional Engineer registered in the State of Florida. Identify at least one (1) individual licensed as a Professional Engineer in the State of Florida to perform these services. Identify a person in responsible charge of the contract who has the ability to instill public confidence and can responsibly act as a representative of the State of Florida Department of Transportation. 5. Performance Expectations and Evaluation This contract is a performance-based contract. Inspect, manage and maintain the roadways, structures, and facilities as identified in the Scope uniformly and consistently throughout the contract period by meeting the performance specifications/measures established in this scope. The Department will evaluate Contractor performance in two ways: 1) by comparing actual work performance to the performance criteria established within this scope, and 2) by semiannually grading the Contractor according to the Asset Maintenance Contracts Procedure. Unsatisfactory performance of work or failure to perform in accordance with the Contractor s technical proposal or other contract documents will affect the Contractor s semiannual grade and may further result in contract default. 6. Partnering For this Contract, a non-bid pay item has been established for Partnering in the amount of $ The objective of partnering is to establish a partnership charter and action plan between the Contractor, the Department and other parties associated with this Contract. 7. Contractor Responsibilities Review and confirm for validity the data contained on the project CD, which is provided by the Department in conjunction with the Request for Proposal (RFP). Use the supplied project CD to assist in developing a complete understanding of all quantities and workloads pertaining to this scope of work.

25 Continually monitor all Department policies, procedures, specifications, and other Contract Documents for changes and updates. Be prepared to comply with any revisions. Manage the maintenance of all assets identified in this scope. Tasks include work needs assessment; resource management; work activity planning and execution; and quality control performance to ensure work complies with contractual requirements. Develop an annual work plan to ensure the desired maintenance is performed. Perform Routine and Periodic maintenance activities at a frequency that ensures uniform and consistent compliance with the Maintenance Rating Program (MRP) criteria, the required maintenance rating level, and any other established requirements of the Department. Research maintenance activity numbers, activity descriptions, and units of measure in the Department s Maintenance Cost Handbook. Take proper health and safety measures to ensure safety for the traveling public, Department employees, Contractor employees, and Subcontractor employees. Manage and coordinate existing Department contracts within the limits of this contract until expiration of the Department contracts (Attachment I). Existing Department contracts will continue until money exhaustion or time expiration on the contract, whichever comes first. Document any instances of poor performance by the existing Department Contractor. If the Department prematurely terminates any existing contract, the Department will compensate the Asset Maintenance Contractor, in accordance with Asset Maintenance Contracts Procedure, for assuming the unanticipated workload remaining on the terminated contract. Comply with current lane closure restrictions, requirements, and individual lane closure analysis results. In some locations this may require nighttime work. Lane closure restrictions are subject to change due to updated traffic counts or various other events. Work with Department staff to coordinate lane closures during special events. Develop and implement a Customer Service Resolution Plan. Maintain a customer service log detailing complaints and requests and the resolution of the items contained in the log. Include Customer name and contact information in the log. Before performing any non-standard repairs or implementing any innovative ideas, submit the non-standard repair or innovative idea to the Department for approval. Purchase (via monthly invoice deduction) all needed sign panels from the State Sign Shop in Lake City using the statewide process for requesting and receiving finished sign panels; or, as an alternative, obtain sign panels from a source of the Contractor s choosing. Before installation, ensure sign panels meet minimum design requirements. Maintain a record of all Department provided sign panels. Monitor and report to the Department all DBE utilization properly detailed as required in Specifications. Participate in the Adopt-A-Highway program as required by Chapter (3), Florida Statutes.

26 Consider participation in the Department s Youth Work Experience Program, as provided by Chapter , Florida Statutes. Provide any lists, summaries, logs, reports, or other documents to the Department for review as requested. Pay all fines, fees, and penalties levied to the Department by any Governmental Agency resulting from negligent maintenance. Pay all tolls required for usage of roads and bridges. 8. Department Responsibilities The Department will provide all potential Contractors (bidders) with a project CD containing a variety of data and information about the roadways, structures, and facilities within the limits of this contract. Although the information on the CD is not complete, it will be useful in determining the extent of expected maintenance activities. The Department will place the following items on the project CD: (a) Historical Contract Reports (b) Historical MRP Reports (c) Summary Spreadsheet for MRP Workloads (d) RCI Converted Inventory (e) Structure Information (f) In-House-Crew Unit Cost Reports Upon request, the Department will provide finished sign panels to the Contractor for sign maintenance and repair on the State Highway System within the project limits. The Department will verify that the Contractor has made a deduction from the Contractor s monthly invoice for the cost of each sign panel obtained from the Lake City Sign Shop. Annually, the Department will provide additional compensation to the Contractor via Supplemental Agreement or Unilateral Payment if the Contractor experiences a combined substantial economic impact during the previous year due to compliance with any of the following four (4) possible occurrences. (a) A change to Statewide maintenance programs or practices (b) A change to any of the policies, procedures, standards, manuals, handbooks, guides, specs, or any other State, Local, or Federal documents used to monitor the performance of this contract. (c) Increased maintenance due to the construction of roadways, structures, and facilities that were not included in the Department s Work Program at the time of the Contractor s proposal due date or renewal date. (d) Increased maintenance due to the transfer of ownership to the Department of nonstate roadways, structures, and facilities within the contract limits.

27 A substantial economic impact is defined as documented financial burden on the Contractor exceeding five percent (5%) of the annual contract amount. If additional compensation is warranted, the Department will compensate only for the value of economic impact beyond the five percent (5%) threshold. The five percent (5%) is not cumulative year to year; it is reset each anniversary of contract start date. The Contractor will not receive any additional compensation for maintenance of projects scheduled in the Department s Work Program at the time of the proposal due date or renewal dates. Similarly, the Department will reduce payment to the Contractor if the Contractor experiences a combined substantial economic savings during the previous year due to occurrence of any of the following four (4) possibilities: (a) A change to Statewide maintenance programs or practices (b) A change to any of the policies, procedures, standards, manuals, handbooks, guides, specs, or any other State, Local, or Federal documents used to monitor the performance of this contract. (c) Reduced maintenance due to the elimination or planned destruction of roadways, structures, and facilities. (d) Reduced maintenance due to the transfer of ownership of Department-owned roadways, structures, and facilities to other non-department entities. A substantial economic savings is defined as a cost savings exceeding five percent (5%) of the annual contract amount. If cost savings are identified, payment to the Contractor will be reduced only for savings greater than the five percent (5%) threshold. The five percent (5%) is not cumulative year to year; it is reset each anniversary of contract start date. EMERGENCY MANAGEMENT 1. General The Department categorizes Emergency Management into two classifications: Governor Declared Emergencies and Other Emergencies. For Governor Declared Emergencies, perform pre-event preparation and provide initial response post-event to protect the traveling public from grievous hazards created by the event. For Other Emergencies, perform all aspects of responding to the incident/event, including pre-event preparation, post-event initial response, and post-event cleanup and repair. For both classifications of Emergency Management, perform the following six (6) activities before every foreseeable Emergency Management incident/event: (a) Contact vendors and subcontractors to verify quantity, availability, and priority of appropriate equipment and personnel (e.g. MOT devices, variable message boards, chainsaws, sand spreaders, etc.). Develop a complete up-to-date list of equipment resources and staging locations and of all stockpiled materials and their locations. (b) In case of possible area evacuations, prepare for implementation of one-way evacuation plans including the pre-staging of necessary one-way evacuation resources. (c) If directed by the Department implements one-way evacuation and remove oneway evacuation devices when complete. (d) Secure and lockdown all structures covered under this contract. (e) In preparation for high winds, rains, and other impending elements, secure all existing worksites associated with this contract. (f) Lower all high mast lights within the projected path of a hurricane where wind

28 speeds are projected to be category two or higher at location of high mast lights, or as otherwise directed by the Department. Lower lights to within ten (10) feet of the ground. If the lowered position of lights places them at risk of adjacent tree damage, place lights as low as possible while avoiding tree damage risk. Do not lower high mast lights on routes that are expected to be used for one-way evacuation. If high mast lighting has been lowered, repaired, or raised due to preparation/reaction to storm events, submit a separate informational invoice detailing the cost of such lowering, repairing, and raising of the high mast lights. Show the high mast lighting costs by maintenance area, by Financial Project Number, and by activity (lower, repair, raise). Retain all documentation required for the Department to apply for Federal Reimbursement for this activity. For any one-way evacuation activities performed to preparation/reaction to storm events, submit a separate informational invoice detailing the cost of such one-way evacuation activities. Show the one-way evacuation costs by maintenance area, by Financial Project Number, and by activity (lower, repair, raise). Retain all documentation required for the Department to apply for Federal Reimbursement for one-way evacuation activities. For any activities associated with securing bascule bridges in preparation/reaction to storm events, submit a separate informational invoice detailing the cost of such activities. Show the costs to secure bascule bridges by maintenance area, by Financial Project Number, and by activity (lower, repair, raise). Retain all documentation required for the Department to apply for Federal Reimbursement for these activities. Unless otherwise noted in this contract, the Department will not provide additional compensation to the Contractor through this contract for any Emergency Management activities, including the six activities described above. For all Emergency Management activities, the Department reserves the right to take control of the incident and/or perform recovery work with its own or other contracted forces when the Department determines it is in the Department s best interest to do so. 2. Emergency Management Plan Know the applicable District Comprehensive Emergency Management Plan as well as the FHWA and FEMA guidelines for federal reimbursement. Ensure compliance with all State and Federal Emergency Management Requirements. Administer all response and recovery efforts in accordance with these documents. Develop an Emergency Management Plan that sufficiently replicates the intent of the District s Comprehensive Emergency Management Plan and incorporate this plan with the Technical Proposal. Include details in the Emergency Management Plan including, but not limited to: procedures for incident/event management agency & public notifications assurance of motorist safety handling of hazardous waste coordination with Law Enforcement and other appropriate agencies traffic control coordination with the Department and other agencies to establish or implement preestablished detour routes

29 maintenance of detour routes making emergency repairs debris removal evacuation/ one-way evacuation response submission of incident/event reports plan for compliance with the Open Roads Policy detailed organizational structure with the functions, qualifications, experience level, and contact information of staff assigned to respond to incidents/events Comply with all Department plans and with all Local, State, and Federal laws and regulations concerning evacuation routes and the handling and disposal of hazardous waste. Update the Emergency Management Plan in April of each year by engaging in an iterative process of discussion between the Department and the Contractor whereby lessons learned from past experience can be implemented for future use. Prior to the occurrence of any incidents/events, ensure an approved Emergency Management Plan is in effect and be prepared to act upon that plan. 3. Specific Contractor Responsibilities for Governor Declared Emergencies Governor Declared Emergencies are incidents/events that prompt the Governor of Florida to declare a State of Emergency in response to the incident/event. Governor Declared Emergencies will most commonly be major hurricanes and other natural disasters, but can include smaller natural disasters/events/storms (Acts of God), collisions with structures and related components, and incidents/events resulting from human interactions. If directed by the Department in writing, perform the following three (3) Pre-Event activities and separately track and invoice the Department for associated costs. The Department will compensate the Contractor for their direct costs of performing these three (3) Pre-Event activities as described in the Department s written directions to the Contractor: (a) (b) (c) Supplement Road Ranger Service Patrols and provide fuel assistance to stranded motorists. Provide additional security at Rest Areas and Welcome Center facilities. Provide additional portable rest room facilities at Rest Areas, Weigh Stations, Welcome Centers, and other locations as directed by the Department. Perform the following six (6) Post-Event activities. The Department will not provide additional compensation to the Contractor for the performance of these six (6) Post-Event activities: (a) Search all roadways covered by this contract for grievous hazards (roadway washouts/cave-ins, downed electrical lines, non-traversable bridges, etc.). This may include clearing some debris from the roadway in order to access these hazardous areas. Minimal clearing required to access hazardous areas will not be considered first-push roadway clearing. (b) Immediately respond to perform traffic control, set up safety devices, and layout established or improvised detour routes in order to protect the traveling public

30 from grievous hazards created by the incident/event. When detour routes are required due to an incident/event occurring on a roadway and/or structure covered by this contract, manage and maintain the entire detour route within the State of Florida, even if the route extends onto roadways and/or structures not covered by this contract (state or non-state). For portions of a detour route extending outside Florida, coordinate detour setup and maintenance with the appropriate State. (c) Notify the Department s designated contact person immediately upon occurrence of all major incidents/events and immediately upon road closure for all roadway and/or structure closures exceeding one (1) hour. Notify the Department again upon roadway and/or structure reopening. (d) Inspect, perform any minor repairs, and raise all high mast lighting back to their original position as directed by the Department. Minor repairs is defined as repairs not eligible for Federal reimbursement. (e) Inspect, unlock, and perform any minor repairs to all bascule bridges. Minor repairs is defined as repairs not eligible for Federal reimbursement. (f) Assist the Department in performing damage assessment reviews as per Bridge, Overhead Sign Structures and High Mast Light Poles Damage Assessment Review Guidelines. Do not perform first-push activities, debris removal, cleanup, or federally reimbursable repair work necessitated by a Governor Declared Emergency incident/event. 4. Specific Contractor Responsibilities for Other Emergencies Other Emergencies are incidents/events that do not prompt the Governor of Florida to declare a State of Emergency in response to the incident/event. Other Emergencies will most commonly be traffic crashes, guardrail hits, severe potholes, debris within travel lanes, attenuator hits, roadway shoulder wash-outs, roadway cave-ins, and downed light poles but can include natural disasters/events/storms (Acts of God), collisions with structures and related components, and incidents/events resulting from human interactions. Respond and deploy resources according to the goals established in the Open Roads Policy. Arrive on-site, prepared to take necessary action with necessary manpower and emergency response equipment. Working hours referenced under the Department responsibilities in the Open Roads Policy are defined as Monday through Friday 7:00 am to 5:30 pm. Be available to relieve Law Enforcement personnel of traffic control functions within fifteen (15) minutes of arriving onsite. Manage all aspects of traffic control related to an incident/event, including coordination with Governmental agencies when incidents/events spill over onto roadways and/or structures not covered by this contract. When detour routes are required due to an incident/event occurring on a roadway and/or structure covered by this contract, manage and maintain the entire detour route, even if the route extends onto roadways and/ or structures not covered by this contract (state or non-state). Notify the Department s designated contact person immediately upon occurrence of all major incidents/events and immediately upon road closure for all roadway and/or structure closures exceeding one (1) hour. Notify the Department again upon roadway and/or structure reopening. 5. Procedures for Recovery of Costs, Reimbursement and Coverage for Other Emergencies

31 When an incident/event causes damage to any Department facilities, structures or property (hereinafter collectively referred to as Property), which is subject to the terms of this Agreement, the Department authorizes the Contractor to pursue recovery against any responsible party for reimbursement of costs incurred by the Contractor in accordance with this agreement (hereinafter Costs). Certain Property (assets) of the Department is insured by the Insurance Company under the State of Florida, Department of Transportation s Bridge, Property and Business Interruption Insurance Program (Insurance Program). The following procedures and terms shall apply to the recovery of Costs incurred by the Contractor, Reimbursement by the Department and Coverage by the Insurance Company (as defined herein). Upon learning that damage has been caused to Department Property covered by this agreement the Contractor will immediately notify the following persons: Turnpike Financial Director (Leonard Antmann, ); Department Project Manager and FDOT Claims Attorney, Office of the General Counsel (Shenika Harris, ), who will confirm whether the Property is an insured asset. The Department shall notify the Insurance Company. A. The damaged asset is not insured under the Insurance Program (or the FDOT does not make a claim on the insurance coverage) and Costs are equal to or less than One Million dollars ($1 million). 1. The Contractor is authorized to pursue recovery against any and all parties responsible for Costs caused by damage to the Property to the extent permitted by law. The Department will assist the Contractor as necessary and will confirm the Contractor s authorization to pursue recovery. The Contractor will be responsible for all attorneys fees and litigation costs incurred in its recovery activities. B. The damaged asset is not insured under the Insurance Program (or the FDOT does not make a claim on the insurance coverage) and Costs are in excess of One Million dollars ($1 million). 1. In this situation the Department may be responsible to reimburse the Contractor for any Costs incurred in excess of One Million dollars ($1 million). Under these circumstances the Department retains its rights to pursue recovery against any and all parties for the amount of any reimbursement made to the Contractor in excess of One Million dollars (hereinafter Reimbursement). The Department and Contractor agree to coordinate their pursuit of recovery of their respective Costs and Reimbursement from the responsible parties, and not to execute any documents or take any actions which would impair or limit the other s right to recovery. The Department and Contractor may enter into an agreement for sharing attorney s fees and litigation costs. The Department and Contractor agree to share any recovery on a pro-rata basis based upon their respective Costs and Reimbursement, in accordance with Florida law, unless otherwise agreed to in a separate writing. C. The damaged asset is insured under the Insurance Program (and FDOT makes a claim for insurance coverage) and Costs are equal to or less than One Million dollars ($1 Million). 1. In this situation the Insurance Company retains a subrogated interest in the recovery against any and all responsible parties to the extent of its payment for coverage under the appropriate policy (Coverage). The Coverage may include damages other than the Costs incurred by the Contractor. The Contractor is authorized to pursue recovery against any and all parties

32 responsible for Costs caused by damage to the Property to the extent permitted by law. The Department will assist the Contractor as necessary and will confirm the Contractor s authorization to pursue recovery. The Department and Contractor agree to coordinate their pursuit of recovery of their respective Costs and Reimbursement with the Insurance Company and its claim for Coverage from the responsible parties, and not to execute any documents or take any action which would impair or limit the others right to recovery. The Department, Contractor and Insurance Company may enter into an agreement for sharing attorney s fees and litigation costs, otherwise each will bear its own fees and costs. The Department, Contractor and Insurance Company agree to share any recovery on a pro-rata basis based upon their respective Costs, Reimbursement and Coverage in accordance with Florida law, unless otherwise agreed to in a separate writing. D. The damaged asset is insured under the Insurance Program (and FDOT makes a claim for insurance coverage) and Costs are in excess of One million dollars ($1 million). 1. In this situation the Department may be responsible to reimburse the Contractor for any Costs incurred in excess of One Million dollars ($1 million). Under these circumstances the Department retains its rights to pursue recovery against any and all parties for the amount of any reimbursement made to the Contractor in excess of One Million dollars (hereinafter Reimbursement) and the insurance company retains a subrogated interest in the recovery against any and all responsible parties to the extent of its payment for coverage under the appropriate policy (Coverage). The Coverage may include damages other than the Costs incurred by the Contractor. The Contractor is authorized to pursue recovery against any and all parties responsible for Costs caused by damage to the Property to the extent permitted by law. The Department will assist the Contractor as necessary and will confirm the Contractor s authorization to pursue recovery. The Department and Contractor agree to coordinate their pursuit of recovery of their respective Costs and Reimbursement with the Insurance Company and its claim for Coverage from the responsible parties, and not to execute any documents or take any actions which would impair or limit the others right to recovery in accordance with Florida law. The Department, Contractor and Insurance Company may enter into an agreement for sharing attorney s fees and litigation costs, otherwise each will bear its own fees and costs. The Department, Contractor and Insurance Company agree to share any recovery on a pro-rata basis based upon their respective Costs, Reimbursement and Coverage in accordance with Florida law, unless otherwise agreed to in a separate writing. In paragraphs 5C and 5D above, the Contractor shall submit all proposed settlement documentation (settlement agreement, release and order of dismissal) for review and approval by the Office of the General Counsel prior to execution. Approval by the Department shall not be unreasonably withheld. E. Failure to coordinate and cooperate in pursuing recovery, or impairment or limitation of a parties right to recovery. 1. With regard to paragraphs 5A, B, C and D, above, if either the Department or Contractor fails to coordinate and cooperate in the pursuit of any recovery under these provisions or impairs or limits the lawful recovery of the other or

33 the Insurance Company, it will be liable to the other and the Insurance Company for reasonable attorneys fees and costs incurred in compelling coordination and cooperation or correcting any impairment or limitation to its lawful recovery. The Contractor shall not be entitled to any Coverage which may be available to the Department from the Insurance Company. Although the Contractor is responsible for repairing damage resulting from an act that is officially declared by the State of Florida as an act of terrorism, the Department will compensate the Contractor via Supplemental Agreement or Unilateral Payment for act of terrorism damage repair costs. Financial Relief for Severe Incidents For any single incident, the Department will reimburse the Contractor for any Costs in excess of One million dollars ($1,000,000). Such financial relief for severe single incidents does not apply if the incident was caused, created, or magnified by the Contractor s negligence. CONTRACT DOCUMENTS Obtain the complete, up-to-date list of Contract Documents (Specifications, Procedures, Manual, Guides and Handbooks) incorporated as a part of this contract from the Maintenance Office Website on the Internet ( All of the Contract Documents listed at this website are incorporated by reference as a part of this contract. ASSET MAINTENANCE PERFORMANCE MEASURES PERFORMANCE CRITERIA NOTES: For ALL performance measures identified in all charts found in this scope, the Time Allowed/Criteria is PER APPLICABLE PROCEDURE. If the applicable procedure is nonspecific for time allowed or criteria, then use the Time Allowed/Criteria given in the applicable chart. For all times allowed in all charts found in this scope, the District Maintenance Engineer/Administrator may grant a time extension for unusual circumstances if the extension is requested during the original time period allowed. All deductions withheld from the Contractor will occur through adjustments to the next monthly invoice amount. GUARDRAIL Deficiency Identification Time Allowed/Criteria Deduction a. Failure to perform timely inspections Per Procedure $500 per day per delinquent inspection b. Failure to timely submit Inspection Sheets/Reports Due within 15 days after completion of inspection $100 per day per delinquent report c. Failure to make repairs identified in Inspection Reports Within 30 days of identification $500 per day per guardrail

34 d. Failure to make temporary safety repairs resulting from incidents e. Failure to make permanent repairs resulting from incidents Must secure with proper MOT before leaving the site Repair within 10 calendar days of Incident ATTENUATORS $1,000 per day per guardrail $1,000 per day per guardrail Deficiency Identification Time Allowed/Criteria Deduction a. Failure to perform timely inspections Per Procedure $500 per day per delinquent inspection b. Failure to timely submit Inspection Sheets/Reports Per Procedure $100 per day per delinquent report c. Failure to make repairs Within 30 days of $500 per day per attenuator identified in Inspection Reports identification d. Failure to make temporary safety repairs resulting from incidents Must secure with proper MOT before leaving the site $1,000 per day per attenuator e. Failure to make permanent repairs resulting from incidents Repair within 5 calendar days of Incident SIGNS $1,000 per day per attenuator Deficiency Identification Time Allowed/Criteria Deduction a. Failure to perform timely Inspections Per Procedure $500 per day per delinquent inspection b. Failure to timely submit Due within 15 days after $100 per day per delinquent Inspection Sheets/Reports completion of inspection report c. Failure to make repairs Per Procedure $500 per day per sign identified in Inspection Reports 025 assembly d. Failure to replace missing signs and signs downed by incidents Per Procedure CLEAR ZONE OBSTRUCTIONS Permanent regulatory and warning signs $2,000 per day per sign assembly. Temporary signs $100 per day per sign assembly. Permanent signs $500 per day per sign assembly Deficiency Identification Time Allowed/Criteria Deduction a. Failure to temporarily secure reported or discovered clear zone obstructions Must respond within 1 hour & secure with proper MOT before leaving the site Response - $100 per hour per location Secure - $1,000 per day per location b. Failure to remove or correct clear zone obstructions Within 7 days $1,000 per day per location BARRIER WALL

35 Deficiency Identification Time Allowed/Criteria Deduction a. Failure to replace or repair damaged barrier wall Secure with proper MOT before leaving the site. Permanent Repairs within 7 days of notification. CUSTOMER SERVICE RESOLUTION Secure MOT $1,000 per day per location Permanent repairs $1,000 per day per location Deficiency Identification Time Allowed/Criteria Deduction a. Failure to contact customer Contact customer within 24 hours $500 per day per customer b. Failure to resolve customer Resolve within 2 weeks $500 per day per customer service request to the of customer contact request satisfaction of the Department EMERGENCY RESPONSE Deficiency Identification Time Allowed/Criteria Deduction a. Failure to properly respond to incidents/events as required in Emergency Management section of this scope or according to the goals established in the Open Road Policy. Per Emergency Management section requirements established in this scope and in the Open Road Policy. $1,000 per hour, prorated, per incident/event (A)EMERGENCY DEBRIS REMOVAL (INCLUDING DEAD ANIMALS) Deficiency Identification Time Allowed/Criteria Deduction a. Failure to promptly and properly remove and dispose of emergency debris Per Emergency Response for Debris Removal Specifications (SMSP) $500 per day per incident GRAFFITI Deficiency Identification Time Allowed/Criteria Deduction a. Failure to promptly remove Remove or cover graffiti $1,000 per day per roadway or cover graffiti within 36 hours of discovery mile SUBMISSION OF DEPARTMENT REQUESTED DOCUMENTS Deficiency Identification Time Allowed/Criteria Deduction a. Upon Department request, failure to submit any documents the Contractor is required to maintain Submit document by the end of the business day following the day of the Department s request $100 prorated per business day per requested document DEPARTMENT POLICIES AND PROCEDURES Deficiency Identification a. Violation of any Department procedures, policies, handbooks, or any other contract document CONTRACTOR S TECHNICAL PROPOSAL Deduction $500 per occurrence of violation Deficiency Identification Deduction

36 a. Deviating from any claims, promises, statements, guarantees, or other assurances made within the Contractor s original Technical Proposal $500 per occurrence of violation MRP The scope of this contract does not include MRP and the Contractor will not be evaluated. HIGHWAY LIGHTING The scope of this contract does not include Highway Lighting. PERMITS COORDINATION, PROCESSING, ADMINISTRATION, & INSPECTION The scope of this contract does not include any activities associated with permit coordination, processing, administration, or inspection. CALL BOXES The scope of this contract does not include Call Boxes. ROADWAY CHARACTERISTICS INVENTORY (RCI) The scope of this contract does not include updating and maintenance of the roadway characteristics inventory. REST AREAS, WELCOME CENTERS, and WAYSIDE PARKS The scope of this contract does not include the management, operation, or maintenance of Rest Areas, Welcome Centers, and Wayside Parks. REST AREA SECURITY The scope of this contract does not include providing any Security Guard Services at any Rest Area facilities. WELCOME CENTER SECURITY The scope of this contract does not include providing any Security Guard Services at any Welcome Center facilities. ROAD RANGER SERVICE PATROL The scope of this contract does not include providing Road Rangers Service Patrols.

37 PAYMENT OF REST AREA UTILITY BILLS The scope of this contract does not include payment of utility bills (water, electric, sewer) associated with each Rest Area. PAYMENT OF WELCOME CENTER UTILITY BILLS The scope of this contract does not include payment of utility bills (water, electric, sewer) associated with each Welcome Center. PAYMENT OF ROADWAY ELECTRIC UTILITY BILLS The scope of this contract does not include payment of electric utility bills associated with each Roadway covered by this contract. WEIGH STATIONS The scope of this contract does not include Weigh Station maintenance. PAYMENT OF WEIGH STATION UTILITY BILLS The scope of this contract does not include payment of utility bills (water, electric, sewer) associated with each Weight Station. OVERLANE SIGN STRUCTURE INSPECTION AND MAINTENANCE Perform overlane sign structure inspection and maintenance, including collision damage repair. Inspect overlane sign structures according to the Department s Bridge and Other Structures Inspection Reporting Procedures Manual. Overlane Sign Structure Performance Criteria OVERLANE SIGN STRUCTURES Deficiency Identification Time Allowed/Criteria Deduction a. Failure to perform timely Inspections Per Procedure $1,000 per day per delinquent inspection b. Failure to timely submit Inspection Sheets/Reports Within 60 days from inspection $100 per day per delinquent report c. Failure to make repairs identified in Inspection Reports Within 30 days of identification $1,000 per day per overlane sign structure d. Failure to make temporary safety repairs resulting from incidents Must secure public safety from hazards and establish proper MOT before leaving $1,000 per day per location

38 e. Failure to replace sign structures damaged by incidents the site Temporary signs installed within 7 days Permanent signs installed within 180 days Temporary signs $500 per day per location Permanent signs $500 per day per location HIGH MAST LIGHT STRUCTURE INSPECTION AND MAINTENANCE The scope of this contract does not include high mast light structure inspection and maintenance. MOVABLE BRIDGE INSPECTION The scope of this contract does not include inspection of any movable bridges. NON-MOVABLE BRIDGE INSPECTION (Excluding Locals) In accordance with the Florida Administrative Code (F.A.C.), request Department approval for all Bridge Inspection Team Leaders, Bridge Inspection Supervisors, and the approving Professional Engineer. Request for Department approval any changes in such personnel. Inspect all publicly owned bridges, excluding off-system local bridges and other State Agency bridges, according to frequencies and criteria required by the Code of Federal Regulations, the F.A.C., the Department s Bridge and Other Structures Inspection Reporting Procedures Manual, the Department s Bridge Underwater Operations Manual, the Department s Bridge Operations and Maintenance Manual, and other applicable Contract Documents. Create inspection reports using the Department's Bridge Management System. Furnish the Department with original signed and sealed inspection reports within timeframes established in these same Contract Documents. As a part of bridge inspection duties, determine if a review of the current load rating capacity is warranted for each inspection. If warranted, perform revised bridge load rating analyses. Immediately notify the Department verbally if field observations reveal deficiencies sufficiently critical to warrant immediate and substantial traffic restriction or closing of the bridge. Confirm the verbal notification with a written notification within twenty-four (24) hours. Maintain all bridge records in Contractor files at all times in preparation for audit reviews. Ensure bridge inspectors attend appropriate bridge inspection training as provided by the Department. The Department will provide District-specific Quality Control checklists/criteria to the Contractor. The Department will perform quality assurance reviews using these checklists by inspecting bridges that have been previously inspected by the Contractor and by reviewing the inspection records for conformity with the Department's findings. Bridge Inspection Performance Criteria BRIDGE INSPECTION Deficiency Identification Time Allowed/Criteria Deduction a. Failure to perform timely Bridge Inspections Per Procedure, Codes, Manuals, etc. $1,000 per day per delinquent inspection b. Failure to timely submit Inspection Sheets/Reports QUALITY CONTROL Within 60 days from inspection $500 per day per delinquent report

39 Deficiency Identification Time Allowed/Criteria Deduction a. Bridge inspection QAR score falls below minimum allowed Per Procedure, Codes, Manuals, District-provided QAR checklist, etc. Per District-provided QAR checklist and criteria MOVABLE BRIDGE MAINTENANCE The scope of this contract does not include maintenance of any movable bridges. NON-MOVABLE BRIDGE MAINTENANCE (INCLUDING PERIODIC MAINTENANCE AND MAJOR REPAIR) Bridge tasks are divided into appropriate maintenance activities as described in the Departments Maintenance Cost Handbook. Perform Routine/Preventive Bridge Maintenance and Minor Repair, and Periodic Maintenance and Major Repair, including collision damage repair, defined as follows: (a) Routine/Preventive Maintenance: The preservation and upkeep of a structure, including all its appurtenances, maintenance and servicing of mechanical, electrical and hydraulic systems, in its original condition (or as subsequently improved) insofar as practical. Preventive maintenance includes any activity intended to maintain an existing condition or to prevent deterioration. Examples include but are not limited to: cleaning, lubrication, spot painting, dirt and debris removal, and application of protective systems. Ideally, preventive maintenance is anticipated (i.e. planned) routine maintenance and does not require a Bridge Work Order to accomplish the work. (b) Minor Repair: The restoration of a structure, including all its appurtenances, to its original condition (or as subsequently improved) insofar as practical. Minor repairs include any activity intended to correct the effects of minor material deterioration by restoring the damaged member. Minor repairs are generally defined as repairs to bridge elements that are structurally sound (i.e., no loss of strength), but may have minor section loss, cracking, spalling, or scour. Minor repairs are un-anticipated routine maintenance, usually identified by bridge inspectors and require a Work Order to schedule and accomplish the work. Examples include but are not limited to repair and/or replacement of an in-kind deck joint and localized material restoration of: deck expansion joints and joints system, deck surfaces, sidewalks, drainage systems, bridge railing systems, superstructure members and bearing devices, substructure members, waterway channels, approach slabs, anchorages, all fender system components, mechanical, electrical or hydraulic systems, replacement of individual parts of the mechanical, electrical or hydraulic systems and structural crack injection and matrix loss restoration. Should a joint or joint system be partially or completely damaged, then the entire bridge width of the joint and affected nosing portion of joint system shall be replaced. (c) Periodic Maintenance and Major Repair: The restoration of a structure, including all its appurtenances, to its original condition (or as subsequently improved) insofar as practical. Major repairs include any activity intended to correct deteriorated members. Conditions requiring major repairs include loss of section, deterioration, spalling, or scour that affect the strength of the member, replacement or upgrading of the mechanical, electrical or hydraulic systems. Engineering analysis is often performed to determine the extent of the lost strength. With prior approval of the District Feasible Action Review Committee, the District will enter into the work program all periodic and major repair work. Examples include but are not limited to localized or full material restoration of: deck expansion joints and joint systems, deck surfaces, sidewalks, drainage systems, bridge railing systems, superstructure members and bearing devices, substructure members, waterway channels, approach slabs, anchorages, all

40 fender system components, concrete restoration requiring reinforcement splicing, structural crack injection and matrix loss restoration, and metal fabrication to restore the integrity of or to replace structural elements. The scope of this contract does not include performance of Bridge Rehabilitation defined as follows: (a) Rehabilitation: The improvement or betterment of a structure, including all its appurtenances, to a condition meeting or exceeding current design standards, insofar as practical. Examples of rehabilitation include: widening a bridge to meet lane/shoulder width requirements, replacement of substandard bridge rails, raising a bridge to meet clearance requirements, strengthening a bridge to increase load carrying capacity to accepted limits, and upgrading the operational equipment of a movable span. The Department will periodically perform quality assurance reviews by inspecting bridge repairs and maintenance activities recently completed by the Contractor. Bridge Maintenance Performance Criteria BRIDGE MAINTENANCE Deficiency Identification Time Allowed/Criteria Deduction a. Failure to timely make repairs identified in bridge work orders (delinquent work orders) Per Procedure, Codes, Manuals, etc. $1,000 per day per delinquent work order b. Failure to make temporary safety repairs resulting from Incidents c. Failure to replace or repair damaged bridge railing Must secure public safety from hazards and establish proper MOT before leaving the site Temporary Repairs within 24 hrs of notification Permanent Repairs within 7 days of notification $1,000 per day per location Temporary repairs $2000 per day per location Permanent repairs $1000 per day per location NAVIGATION LIGHTING Deficiency Identification Time Allowed/Criteria Deduction a. Failure to temporarily repair outage following notification or discovery Per Performance Lighting Specifications (Standard Maintenance Special Provisions) Per Performance Lighting Specifications (SMSP) b. Failure to permanently repair outage following notification or discovery Per Performance Lighting Specifications (Standard Maintenance Special Provisions) Per Performance Lighting Specifications (SMSP) QUALITY CONTROL Deficiency Identification Time Allowed/Criteria Deduction a. Failure to properly complete bridge repairs as identified through QAR Per Procedure, Codes, Manuals, Design Standards, etc. $500 per day per location until deficient repair is corrected MOVABLE BRIDGE TENDING & PREVENTATIVE MAINTENANCE The scope of this contract does not include movable bridge tending duties or bridge tender preventative maintenance.

41 PAYMENT OF MOVABLE BRIDGE UTILITY BILLS The scope of this contract does not include payment of utility bills (water, electric, sewer) associated with each movable bridge. TRAFFIC SIGNAL MAINTENANCE The scope of this contract does not include traffic signal maintenance. TRAFFIC OPERATIONS WORK ORDERS The scope of this contract does not include Traffic Operations Work Orders. INTELLIGENT TRANSPORTATION SYSTEMS (ITS) The scope of this contract does not include any ITS components. PAYMENT SCHEDULE The Contractor shall be paid monthly according to the schedule below. After the contract is awarded, the factors found in the Asset Maintenance RFP will be used to fill in actual monthly payment amounts into the Payment Schedule Chart below. For all contract years of the original contract term, the monthly dollar amount will be the total Contract amount multiplied by the monthly factor listed in the Asset Maintenance RFP divided by number of years of original contract term. For each renewal year, the monthly dollar amount will be the total Renewal amount multiplied by the monthly factor listed in for the appropriate (odd or even) renewal year in the Asset Maintenance RFP. Contract Year Renewal Year Month Odd Even Yearly Total

42 OTHER CONTRACTUAL REQUIREMENTS General General Requirements, Section 4 describes the professional engineer who will fill the role of project manager for this contract. Other professional engineer requirements are identified below. The Contractor s performance will be evaluated on a monthly basis using the Department s Quality Assessment Review (QAR, see Attachments III and IV) in addition to the semi-annual Department Asset Maintenance Contractor Performance Evaluation Report (AMPER). The Contractor shall develop, implement and document their QA/QC/QAR plan. Deduction assessment items are identified in the above referenced QAR attachment and will be deducted as follows. There will be a $1,000 deduction assessment per occurrence per day for a fail related to the bridge security item; there will be a $1,000 per month deduction for all other failing deduction assessment items. All items receiving consecutive fails will each be assessed and deducted an additional $1,000 per month starting at the second month and until satisfactory resolution is obtained. The table in Attachment III will be used to determine the overall performance standards. These deductions will be assessed to the Contractor s monthly lump sum payment in addition to deductions identified elsewhere in the scope. The Contractor shall submit a monthly report detailing the work accomplished in the previous month. This report shall include status of pending work orders, a list of all work activity done that was not assigned a work order, service requests, incident responses and periodic maintenance balance. The Contractor shall conduct progress meetings with the Department as necessary, be a member of and participate in the Skyway Maintenance Committee meetings. The Contractor shall ensure that appropriate maintenance has been performed such that Federal recovery funds are awarded for designated emergency situations. Failure to rectify maintenance issues that result in further deterioration will be the Contractor s responsibility to restore. The Contractor shall safeguard the various details, plans, specifications of the structures in this contract internally and from the general public. This information, while some may be available to the public, shall be distributed through proper channels based upon the Department s established procedures. The Contractor shall make no public statements regarding the conditions of the bridges. Such public notices, as may be necessary to keep the public informed about conditions/events on the bridges, shall be made through Department channels. The Contractor will be proactive in considering work activities impact to the public and other Department contracts and schedule work accordingly. The Contractor shall coordinate and cooperate with other Contractors under contract with the Department. For the last twelve months of the contract period, regardless of the renewal option, the Department will withhold 20% of each monthly lump sum payment as retainage. This retainage will be paid in full upon verification that all work has been done satisfactorily at the end of the contract. The Contractor will forfeit the full amount of the retainage if all work has not been completed satisfactorily. The Contractor will comply with the following Department manuals, guides, and handbooks:

43 Skyway Maintenance Manual (1987) (available through the DSMO intampa) Maintenance Manual II (2009) (available through the DSMO in Tampa) New Directions for Florida Post Tensioned Bridges: Condition Inspection and Maintenance of Florida PT Bridges, Volume 9, Appendix A, Subsection A.2 and Appendix B, Subsection B.1.3 (FDOT Structures web site). Skyway Elevator Maintenance Manual Skyway Auxiliary Power System Manual District 7 Lane Closure Policy Federal Guidelines on Navigation/Aircraft Warning Lights These publications are available through (unless noted otherwise) the: Florida Department of Transportation Maps and Publications Sales 605 Suwannee Street MS 12 Tallahassee, FL Phone (850) Fax (850) The Contractor is not responsible for: o Inspection and routine maintenance of pavement markings o Post mounted and other signs that are not over lanes o Sign panels and sheeting o Highway lighting o Approach roadway guardrail o Impact attenuators o Fiber optic controlled systems (i.e., CCTV cameras, continuity system, audio alarm system) o Electrical lighting systems of weathering steel high mast light poles, except when these items are incidental to structural restoration required by emergency repairs The Department will provide street sweeping of bridges (except sidewalks). However, the Contractor will be responsible for debris removal, including sidewalks as may be necessary. The Contractor will be responsible for tree trimming and vegetation removal required to enable inspection and maintenance of State owned structures and for aesthetics as may be applicable. Periodic Maintenance and Major Repair Excluding incident response and emergency repairs, the Contractor will not be required to perform Periodic Maintenance and Major Repair in excess of $50,000 (BRRP Funds) per year. The Department will approve the work activity(ies) and negotiate for the application of this funding. The Contractor will be responsible and BRRP funds will not be utilized for periodic maintenance and major repair for deficiencies caused, created, or magnified by the Contractor s lack of maintenance.

44 Skyway Inspection and Special Maintenance Activities The Contractor shall hold a pre-inspection meeting thirty days prior to the start of biennial inspection work on the Skyway Bridge and invite the Department. The Contractor shall present the inspection teams and plan of action in that meeting, including but not limited to the general overview of the existing condition of the bridge, specific areas of concern and element inspection schedule. The Contractor will also update the Department on a weekly basis with specific element inspection activity changes. In the biennial inspection, the entire cable stay system and all external PT conduit shall also be inspected close up at arm s length. Other areas require arm s length inspection as identified in inspection procedures and guidelines. The Contractor shall provide a Florida registered specialty structural engineer having at least 10 years experience in design, construction, or maintenance of cable-stayed segmental bridges. The specialty engineer shall be subject to the approval of the Department. The specialty engineer shall participate in planning and conducting the inspection of critical areas of the Skyway Bridge, focusing specifically on the high level approaches and main spans. The specialty engineer will be responsible for a signed and sealed report to be submitted with the biennial inspection report. The content of this report shall include but not be limited to further testing recommendations, effectiveness of routine/periodic maintenance as well as short and long term maintenance recommendations, tracking growth of deficiencies and innovative ideas that will improve the quality of maintenance of the Skyway. This engineer shall also be involved in other non-routine inspections or assessments and emergency response involving high level approaches or main spans, and participate in the Skyway Maintenance Steering Committee meetings as deemed necessary. The Contractor shall secure the services of a corrosion specialist accredited by the National Association of Corrosion Engineers (NACE), a registered professional engineer with a minimum of five years of experience in the field of cathodic protection of concrete, or a corrosion engineer practitioner with no less that 12 years of certifiable experience in the field of cathodic protection. The corrosion specialist shall be subject to the approval of the Department. Maintenance and monitoring of the corrosion protection systems shall be coordinated with the State Materials Office, Corrosion Unit, in Gainesville, and the Department s Project Manager. The corrosion specialist will be responsible for a report to be submitted with the biennial inspection report. The content of this report shall include but not be limited to further testing recommendations, evaluation of deterioration with regard to corrosion, evaluation of maintenance effectiveness and further corrosion mitigation recommendations. The Contractor will institute a program to identify and mitigate water leakage into the segmental portions of the Skyway Bridge in compliance with relevant references in this scope. This program shall include periodic inspections of the interior of the bridge after significant rain events. The Contractor will maintain a spreadsheet to track these leaks and their repairs. Furthermore, the Contractor will follow the guidelines in Attachment V regarding the inspection, maintenance and repair of the median coating on the Skyway Bridge. The Contractor shall continue to periodically monitor the noise level of the four Watson Bowman expansion joints at the transition piers using an appropriate dosimeter. There are 36 dolphins surrounding the approach and high level columns of the Skyway Bridge. These large, artificial concrete islands are each encompassed by treated timber wales secured to the dolphins by stainless steel nuts and bolts. These timber bumpers and their connecting hardware shall be maintained in undamaged condition. This may require timber or hardware

45 replacement in accordance with the original dolphin plans. The Contractor will maintain all aviation, navigation and fender system lights, including all navigation lights on the 36 dolphins. Fishing Pier Inspection The Contractor shall perform a full, biennial inspection of the newer (west) fishing piers adjacent to the new Skyway Bridge and submit a PONTIS report. The Contractor shall perform a safety assessment on the general condition of the underside of the older (east) fishing piers. This safety assessment shall be performed at quarterly intervals for all spans and at shorter intervals at selected spans at the Contractor s discretion. The assessments shall be done via boat to note any unsafe conditions and the Contractor shall submit a report using the Department s current reporting format. The report shall include the piling, bent caps, beams, diaphragms, and bottom of deck. No maintenance items are included for any of the fishing pier structures. However, in the event that a hazardous condition is identified, the Contractor shall immediately inform the Department Project Manager. All Inspections Inspection Team Leaders, Inspection Supervisors and the Professional Engineer approving the inspection reports are to be approved by the Department, in accordance with F.A.C. Rule Any changes in such personnel shall be subject to review and approval by the Department. If by field observation, deficiencies are sufficiently critical to warrant immediate and substantial traffic restriction or closing of travel lanes on the bridges, the Department s Project Manager must be immediately notified verbally in addition to other notification requirements. Verbal notification must be confirmed with written notification within 24 hours. Deficiencies shall be marked and documented in accordance with their significance and monitoring requirement. The Contractor shall provide the Department a six-week advance notice of their inspection schedule to facilitate the Department s QA/QC program. The Department reserves the right to perform QA/QC inspections with or without notice. All structures records shall be made available to the Department for audit review at any time during the contract term. The Contractor s structures inspectors are required to attend appropriate structures inspection training provided by the Department or other approved entities. Maintenance of Traffic and Under-bridge Access The Contractor will provide full maintenance of traffic (MOT) in accordance with Department standards for any special operations as required by the Department, up to six times per year. The Contractor shall provide adequate under-bridge access via water-borne craft or other means up to an additional 6 times per year. Incidental Services The Contractor shall perform all incidental engineering and management services necessary to implement the inspection and maintenance requirements of this scope. These engineering services shall include but are not limited to structural analysis and design, electrical, mechanical, localized scour analysis, drainage, geotechnical, environmental, traffic control, surveying and load rating (excluding the load rating of the Skyway high level approaches and main spans).

46 Skyway Bridge Security Upon receipt of the notice to proceed, and in the event of a compromise of security, the Contractor shall replace all existing locking mechanisms and provide new non-reproducible keys. The Contractor will inventory, inspect, maintain, replace as necessary all locking mechanisms and control access to the bridge. The Contractor shall, in advance, communicate with appropriate law enforcement/ems entities to provide information regarding emergency access to the bridge. The Contractor shall comply with other established security requirements. FDOT vehicular magnetic decals will be required for all Contractor vehicles stopped at any time on the Skyway Bridge, and official FDOT flags for all contractor boats, vessels or barges working in the vicinity of the Skyway. The Contractor shall log in and out each day at one of the toll facilities. The Contractor shall establish a protocol to ensure immediate contact with Contractor staff in case of emergency. In addition to the above, the Contractor shall perform background checks on his/her personnel (including all subcontractors) prior to beginning work on this contract. For U.S. citizens, a minimum security background check will be required, and for non-u.s. citizens a maximum security background check will be required; background checks to be acceptable to the Department. These checks apply to those working on the bridge in any capacity, or involved in structural plans access/review, or other related tasks. Attachments I-V are incorporated as a part of this contract.

47 Asset Maintenance Scope Review & Generate Scope Page 1 of 1 12/22/2009 Infonet Help Asset Maintenance Scope Customization System Home New Scope View My Scopes Search Scopes Review and Generate Scope Document This summary sheet shall be printed and attached to the AM Scope Section Selected Section Items Contract does not include interchanges, crossroads and ramps to the point at which the right-of-way terminates or as shown by the Department A through supplemental description. Includes utility locates. B C D E EE F FF G H I J K L M N O P Q R S T U V W X Y Z ZZ5 ZZ6 Contract includes overpasses and approach roadways over the transportation facilities within limits of right-of-way. Contract includes waterways, canals, ditches, outfalls, and intermittent waterway canals to the right-of-way line including compliance with any permit requirements. Contract does not include stormwater management and mitigation areas associated with the highway corridor including compliance with all permit requirements. MRP Not Included Highway Lighting Not Included This contract does not include Permits Call Boxes Not Included RCI collection and administration performed by Department This contract does not include Rest Areas, Welcome Centers, And Wayside Parks This contract does not include Rest Area Security This contract does not include Welcome Center Security Road Ranger Service (Not Included) Contract does not include payment of Rest Area utility bills Contract does not include payment of Welcome Center utility bills Contract does not include payment of roadway electric utility bills This contract does not include Weigh Station maintenance This contract does not include payment of Weigh Station utility bills Overlane sign structure inspection and maintenance This contract does not include High Mast Light Poles This contract does not include Movable Bridge Inspection Non-movable Bridge Inspection (Local Bridge excluding) This contract does not include Movable Bridge Maintenance Non-Movable Bridge Routine/Preventive/Minor Maintenance Repair (Including Periodic Maintenance and Major Repair) This contract does not include Movable Bridge Tending and Preventive Maintenance This contract does not include payment of movable bridge utility bills This contract does not include Traffic Signal Maintenance This contract does not include Traffic Operations Work Orders This contract does not include Intelligent Transportation Systems Payout Schedule- 6 years To file away for permanent archive check box before Generating the Scope Document. Permanent Archive? Generate Scope Document (Microsoft Word, file size: unknown) Download Word Viewer This site maintained by the Office of Information Systems. Submit questions about this site to the FDOT Service Desk.

48 ATTACHMENT I DEPARTMENT CONTRACTS THAT WILL CONTINUE INTO THE ASSET MAINTENANCE CONTRACT DISTRICT/ AREA CONTRACT NUMBER DESCRIPTION CONTRACT END DATE CONTRACTOR

49 ATTACHMENT II- DIVISION I SPECIFICATION DIVISION I SPECIFICATIONS FOR ASSET MAINTENANCE CONTRACTS The terms and conditions of this contract are as established in Division I of the Florida Department of Transportation Standard Specifications, 2010 edition, which is incorporated herein by reference, except that the following provisions are amended as set forth herein: 1