FLORIDA DEPARTMENT OF TRANSPORTATION

Transcription

1 FLORIDA DEPARTMENT OF TRANSPORTATION ADDENDUM NO. 2 DATE: March 16, 2016 RE: BID/RFP #: BID/RFP TITLE: ITB-DOT-15/ JR Districtwide Right of Way Asbestos Abatement Services for the Florida Department of Transportation OPENING DATE: March 28, 2016 Notice is hereby given of the following changes to, and answers to questions asked regarding the above-referenced BID/RFP: 1. CHANGE: Page B-5, Section 6.5 of, Method of Compensation currently reads: Vendor will need to coordinate with the Department s asbestos consultant regarding the date that a wet demolition is to begin, as the asbestos consultant shall be responsible for air monitoring. Failure to comply with this step will result in the assessment of liquidated damages, in accordance with paragraph 13 of the agreement, for each day the wet demolition is not monitored by the asbestos consultant., Method of Compensation is hereby deleted, and replaced with the attached, revised, Method of Compensation. Upon issuance of this addendum, Page B-5, Section 6.5 of, Method of Compensation will now read: Vendor will need to coordinate with the Department s asbestos consultant regarding the date that an abatement is to begin, as the asbestos consultant shall be responsible for air monitoring. Failure to comply with this step will result in the assessment of liquidated damages, in accordance with paragraph 13 of the agreement, for each day the abatement is not monitored by the asbestos consultant. Bidders/Proposers must acknowledge receipt of this Addendum by completing and returning to the Procurement Office, by no later than the time and date of the bid/proposal opening. Failure to do so may subject the bidder/proposer to disqualification. Joe Ricardo Procurement Agent Bidder/Proposer Address Submitted by (Signature) Failure to file a protest within the time prescribed in Section (3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

2 EXHIBIT B METHOD OF COMPENSATION Districtwide Right of Way Asbestos Abatement Services for the Florida Department of Transportation 1.0 PURPOSE This exhibit defines the limits and methods of compensation to be made to Vendor for the services set forth in Exhibit A, Scope of Services, and the method by which payments shall be made. 2.0 ASSIGNMENT OF WORK The Department shall request Vendor services on an as needed basis. Services to be provided on each job assignment will be initiated and completed as directed by the Project Manager. A Letter of Authorization (LOA) will be issued for each job assignment. 3.0 COMPENSATION The total of all authorizations shall not exceed a total Budgetary Ceiling of: Seven Hundred Fifty Thousand Dollars ($750,000.00) For the satisfactory completion of the services detailed in each LOA, Vendor shall be paid up to the Maximum Amount of each Authorization. Vendor shall submit an invoice and landfill tickets, if applicable, in a format acceptable to the Department. Payment shall be made to Vendor for work satisfactorily completed under each such LOA after completion of such work, including the submittal of all appropriate documentation, has been approved by the Project Manager. Details of unit prices for the performance of Vendor s services set forth in this are attached as Exhibit C, Bid Sheet. This is an indefinite quantity contract whereby Vendor agrees to furnish services during a prescribed period of time. The specific period of time completes such a contract. The Department, based on need and availability of budget, may increase or decrease the Budgetary Ceiling by amendment of this Agreement. Execution of this Agreement does not guarantee that work will be authorized. Work that may only be accomplished by using special equipment, including but not limited to cranes and lifts, to reach areas significantly above floor level will be paid at an augmented rate, as follows: B 1 of 6

3 10 20 feet above floor level payable at 115% of the total unit prices for items priced under sections 2.0 through 6.0 and their respective subsections; and Above 20 feet above floor level payable at 135% of the total unit prices for items priced under sections 2.0 through 6.0 and their respective subsections. Floor level is defined as the surface for a given area that is considered the floor for that area or something equivalent to the floor for a defined space. Example 1: If abatement of popcorn ceiling in the kitchen of an apartment on the third story of a multi story building were needed, the floor level would be the kitchen floor in that apartment. Example 2: If abatement of thermal system insulation is needed in an attic area above a ceiling, the floor or lower beams (if no floor exists) of the attic would be considered floor level. 4.0 PERFORMANCE BOND The Vendor is required to maintain, during the life of this contract, a standard performance bond, in the amount of $250,000. If outstanding requested services at any given time are over $250,000, the Vendor shall submit the required additional surety bond within ten (10) business days after receipt of the Letter of Authorization in the additional amount required for the proposed work. It shall be the Vendor s responsibility to notify the bond company that all correspondence relating to the bond shall be sent to the Project Manager at the appropriate address. 5.0 ESTABLISHMENT OF WORK AUTHORIZATION AMOUNT 5.1 For each LOA, Vendor, following the Scope of Services as set forth in Exhibit A, Scope of Services, shall prepare an estimate of work and price based on the rates established in Exhibit C, Bid Sheet, as well as a time schedule to complete the task. This estimate needs to be prepared by Vendor within three (3) business days from the request for such from the Project Manager. The LOA must be signed by Vendor within three (3) calendar days of receipt from the Department. 5.2 Special Conditions Multipliers in Exhibit C have been pre determined by the Department and apply when asbestos containing material is located in areas above 10 feet in height (see 2.1 and 2.2 of Exhibit C ). These Special Conditions Multipliers shall be applied to the overall total cost of a task assignment, when applicable. 5.3 Once an acceptable amount has been agreed upon by Vendor and the Project Manager, an LOA shall be issued by the Project Manager. The LOA shall include the project and parcel(s) on which the work is to be performed the type of work B 2 of 6

4 to be performed, the time frame involved, and the amount of compensation to be paid. The Project Manager shall obtain fund approval for each authorization by an approved encumbrance prior to issuing the LOA. All work authorizations shall be completed within the term of this agreement. 5.4 The total agreed amount for each work authorization shall be the total compensation to Vendor and shall contain all costs, including but not limited to asbestos and debris disposal fees, salaries, overhead, travel, mobilization, general and administrative expenses, incidental expenses, operating margin, and subcontractor costs. 5.5 No more than one (1) work mobilization charge will be paid for each LOA issued. 5.6 The Vendor will, at its own expense, obtain all required permits from the city, county, state, or other public authority. 6.0 LIQUIDATED DAMAGES: Services to be provided by Vendor under this agreement shall be initiated and completed as directed by the Project Manager for each work authorization (LOA). 6.1 The abatement work to be performed by Vendor shall not begin prior to receiving an LOA from the Department and all work shall be completed within the timeframe set forth in the LOA. 6.2 It is imperative that Vendor begin work on the date specified in the NESHAP (National Emissions Standard for Hazardous Air Pollutants) notice to the Florida Department of Environmental Protection (FDEP) and/or the appropriate responsible agency for a given locality, in accordance with 40 CFR Part 61, Subpart M. Vendor shall be responsible for the filing of the NESHAP notice, whether or not asbestos containing materials are present in the building to be demolished. The notice (and any re notifications) shall be delivered by certified mail, return receipt or e mail and proof of proper delivery in the form of the green return receipt card or electronic proof of delivery of card (for certified mail) or e mail verification of receipt must be submitted to the Project Manager within five (5) business days of such delivery. Regardless of what may be indicated by a representative of the agency responsible for asbestos oversight, ten (10) working days notice is the minimum that must be given. Failure to comply with this requirement will be considered to be non performance and may result in cancellation of this Agreement. B 3 of 6

5 6.3 Failure by Vendor to complete the work, to complete the work on time or to satisfy other obligations will constitute a default and liquidated damages will be paid to the Department by Vendor in the amounts per the table below per calendar day for each parcel in default based on the schedule established in the Florida Standard Specifications for Road and Bridge Construction. Original Contract Amount Daily Charge Per Calendar Day $50,000 and under...$763 Over $50,000 but less than $250,000...$958 $250,000 but less than $500,000...$1,099 $500,000 but less than $2,500,000...$1,584 $2,500,000 but less than $5,000,000...$2,811 $5,000,000 but less than $10,000,000...$3,645 $10,000,000 but less than $15,000,000...$4,217 $15,000,000 but less than $20,000,000...$4,698 $20,000,000 and over... $6,323 plus of any amount over $20 million (Round to nearest whole dollar) The parties agree that if the Department allows Vendor to continue to finish the services, or any part thereof, after the expiration of the time allowed, the Department s actions shall in no way act as a waiver of the liquidated damages due under this contract. Vendor shall pay said sum to the Department not as a penalty, but as liquidated damages. If a penalty for failure to timely begin or complete a project is prohibited with respect to any contract by federal law or regulation, the Department shall assess additional daily amounts as liquidated damages to cover anticipated costs of project related delays or inconveniences to the Department or the public. Costs resulting from retaining detours for an extended time and similar costs may be included in the additional amounts assessed. The additional daily assessment under this paragraph may not exceed an amount equal to the daily liquidated damage charge set forth in the contract. The Department shall assess additional liquidated damages in the same amount as set forth in the agreement for each day Vendor fails to commence work on the date specified in the NESHAP notice. Vendor is required to provide to the Department s Project Manager, or their designee, the green, return receipt card or proof of delivery for each original and any revised NESHAP notice for each applicable LOA. Work must begin on the date specified in the notice. Work is defined for the purposes of this Agreement as the demolition and removal of items defined under each LOA. B 4 of 6

6 6.4 Vendor shall pay a penalty for failure to commence or complete the work within the time stipulated. This penalty shall be in the same dollar amount per calendar day as that set forth in paragraph 6.3 above. If a penalty for failure to timely commence or complete a project is prohibited with respect to any contract by federal law or regulation, the Department shall assess additional amounts as liquidated damages to cover anticipated costs of project related delays or inconveniences to the Department or the public. Road user costs, costs resulting from retaining detours for an extended time and similar costs may be included in the additional amounts assessed. The additional daily assessment under this paragraph may not exceed an amount equal to the daily liquidated damage charge set forth in paragraph 6.3 above. 6.5 Vendor will need to coordinate with the Department s asbestos consultant regarding the date that an abatement is to begin, as the asbestos consultant shall be responsible for air monitoring. Failure to comply with this step will result in the assessment of liquidated damages, in accordance with paragraph 13 of the agreement, for each day the abatement is not monitored by the asbestos consultant. 7.0 INVOICING Upon completion of the work specified in each LOA, Vendor shall submit one original invoice in a format acceptable to the Department. Included with the invoice shall be one (1) copy each of the documentation of the appropriate proposed fees for the work assignment (as submitted to the Department) and the corresponding LOA issued by the Department. For the satisfactory performance of the service detailed in each LOA, Vendor shall be paid up to the Maximum Amount of each Authorization. Vendor shall also submit a Department Contract Completion Report (Form ). NOTE: The Contract Completion Report must be submitted to the Department s Project Manager prior to invoicing and reflect that work was completed in accordance with the LOA timeframe. No premium time will be paid for overtime (nights, weekends and/or holidays). For the satisfactory completion of the services detailed in each LOA, Vendor shall be paid up to the Maximum Amount of each Authorization. Vendor shall submit an invoice and landfill tickets, if applicable, in a format acceptable to the Department. Payment shall be made to Vendor for work satisfactorily completed under each such LOA after the completion of such work, including the submittal of all appropriate documentation, has been approved by the Project Manager. Payment shall be made for the services provided, at the unit billing rates specified in Exhibit C, as approved by the Department. The contract billing rates shall include the costs of salaries, overhead, fringe benefits and operating margin. B 5 of 6

7 Invoices shall be submitted to: Florida Department of Transportation Attention: Property Management Administrator Right of Way Property Management 3400 W. Commercial Boulevard Fort Lauderdale, FL UNIT RATES Details of unit prices for the performance of Vendor s services set forth in Exhibit A, Scope of Services are contained in Exhibit C, Bid Sheet, attached hereto and made a part hereof. Each item represents specific types of work that will be used as a basis for compiling a job assignment, per the instructions contained within Exhibit C. 8.0 TANGIBLE PERSONAL PROPERTY This contract does not involve the purchase of tangible personal property, as defined in Chapter 273, F.S. B 6 of 6