Florida Department of Transportation 1000 NW 111 th Avenue Miami, Florida

Transcription

1 RICK SCOTT GOVERNOR Florida Department of Transportation 1000 NW 111 th Avenue ANANTH PRASAD, P.E. SECRETARY ADDENDUM No. 03 ISSUED ON SEPTEMBER 2, 2014 TO THE PROJECT REQUEST FOR PROPOSAL DOCUMENT ISSUED ON AUGUST 21, 2014 ** FAILURE TO ACKNOWLEDGE RECEIPT OF THIS DOCUMENT MAY RESULT IN YOUR PROPOSAL BEING DECLARED NON-RESPONSIVE ** PROJECT AND PROPOSAL NUMBER: RFP-DOT-14/ HO FIN PROJECT NOS.: / COUNTIES: MIAMI-DADE & MONROE DEADLINE FOR SUBMITTAL OF QUALIFICATIONS: SEPTEMBER 4, 2014 AT 10:00 A.M. LOCATION: DISTRICT MAIN BUILDING 1000 NW 111TH AVENUE, ROOM 6202 MIAMI, FLORIDA WORK DESCRIPTION: THE FLORIDA DEPARTMENT OF TRANSPORTATION REQUEST COMPETITIVE SEALED WRITTEN PROPOSALS FOR THE PROCUREMENT OF DISTRICT WIDE CONTAMINATION ASSESSMENT AND REMEDIATION SERVICES TO SUPPORT THE DISTRICT CONTAMINATION PROGRAM IN MIAMI-DADE AND MONROE COUNTIES. THE REQUEST FOR PROPOSAL (RFP) RELEASED ON AUGUST 21, 2014 FOR THE ABOVE- MENTIONED PROJECT IS HEREBY AMENDED AS FOLLOWS: Document: REQUEST FOR PROPOSAL (RFP) 1) Section 2 - TIMELINE TECHNICAL PROPOSALS DUE :00 AM PRICE PROPOSALS DUE :00 AM 2) Section 12 - PERFORMANCE BOND (X) A Performance Bond is not required for this project. Page 1 of 7

2 Document: SCOPE OF SERVICES 1) 2.0 SERVICES REQUIRERD OF THE CONSULTANT n. Shall have all necessary local, State and Federal permits to provide the above mentioned services including permits for transportation and disposal of hazardous and non-hazardous materials and/or wastes. y. Consultant / Contractor shall indemnify and hold the Department harmless for any violations of any and all federal, state, and local laws, rules, and regulations including any and all environmental laws ( governmental law ) during the performance of this Agreement. Consultant / Contractor shall provide treatment, transportation, storage and disposal associated with hazardous and non-hazardous waste to the Department and shall arrange for such activities in accordance with all governmental law. In doing so, and upon the Consultant /Contractor or Consultant / Contractor s representative carrying out such activities, the Contractor will assume all liability related to such activities. The Consultant/Contractor s obligations under this section include, at the Department's option, to participate and associate with the Department in settlement negotiations, mediation and the defense and trial of any Liabilities. The Consultant/Contractor shall notify the Department in writing immediately upon becoming aware of any Liabilities. The Consultant/Contractor s obligations under this section shall be triggered by the Department's written notice of claim for indemnification to the Consultant/Contractor. The Consultant/Contractor s inability to evaluate liability, or its evaluation of liability, shall not excuse performance of the provisions of this section of the Agreement. Below please find the answers to the questions received from prospective Proposers on this project: Request for Proposal: 1) Please clarify where you want the proposals delivered (there are two instructions with different location listed in the RFP) Section 2 requests delivery to Florida Department of Transportation District Six Main Building Front Lobby 1000 Northwest 111 Avenue Section 27 requests delivery to Page 2 of 7

3 Response: Proposals shall be mailed or delivered to: 2) The RFP requires that the type size used should not be less than 10 points. Does that limitation apply to graphics and tables or may we use smaller fonts there as long as they are legible? Response: Yes. 3) We understand that we must use a font no smaller than 10 point. Is it acceptable to use a smaller font on graphics and tables? Response: See response # 2. 4) Is there any font type (style) we are not allowed to use? Response: No. 5) Section 22.2 states fold out pages may not be used; however Section 22.4 states that foldout pages may be used. Please clarify. Response: Section 22.4 of the Request for Proposal should state no foldout pages and has been updated to reflect such. 6) If the foldouts are allowed, then may we use up to 5% of total pages as foldouts? Response: See response # 5. 7) Below Section 9.5, the RFP states that The prime proposer must submit a listing of the majority of jobs completed by their company within the last two (2) years. However, Section 22.2(c) of the RFP states that the proposer shall elaborate on any FDOT experience described above and on nor more than five (5) prior operations. Is it the Department s intent that only the five projects as requested in Section 1c under Proposer s Management Plan are required? Response: Yes. 8) The RFP, Section c Consultant/Contractor s Experience, requests that the Proposal shall elaborate on any FDOT experience on no more than (5) prior operations and incidents of innovative use of management approach, technology or equipment, indicating in each case whether it was the Prime Contractor or subcontractor. For each project, include the clients name, address, telephone number, location of project, project team, period of performance, approximate fee and brief description. Are these project profiles/summaries excluded from the page count? Response: Yes. 9) In this section we find the following: Page 3 of 7

4 IN THE ADDITION TO THE ABOVE, THE PRIME PROPOSER SHALL BE REQUIRED TO SUBMIT PROOF OF THE FOLLOWING ALONG WITH THE SEALED PROPOSAL. FAILURE TO ADHERE TO THIS DIRECTIVE WILL RESULT IN THE PROPOSER S PROPOSAL BEING DECLARED NON-RESPONSIVE. THE PRIME PROPOSER MUST SUBMIT A LISTING OF THE MAJORITY OF JOBS COMPLETED BY THEIR COMPANY WITHIN THE LAST TWO (2) YEARS. MAKING A NOTE OF THE TYPE OF WORK PERFORMED/PROVIDED, THE COMPANY WHO THEY PERFORMED/PROVIDED THE WORK FOR AND THE DOLLAR AMOUNT OF THE WORK PERFORMED/PROVIDED. For large companies with global presence, the list requested will be extensive and exceed the page count of the proposal. Should this information be submitted as a separate package along with the sealed proposal or should this information be inside the sealed proposal? With the estimated amount of information requested exceeding a thousand projects will the Department consider an extension to the time for submittal to allow for the gathering of the information for submittal in compliance with the Departments request? Response: This list should not exceed the page limit for this section. The department will not allow an extension. Scope of Services: 10) Page 3 of 8, section J. The section states: Own, subcontract or have immediate access to assessment/sampling/remediation/ analytical/construction/emergency response equipment including, but not necessarily limited to, items listed in Exhibit B Price Proposal which shall become part of the awarded contract. Please clarify, should the reference to Exhibit B Price Proposal be instead a reference to Exhibit C Price Proposal? Response: The reference should read Exhibit C Price Proposal. 11) Page 4 of 8, Section O The Environmental Protection Agency (EPA) is establishing new requirements (effective date 8/6/2014) in the Federal Register that will authorize the use of electronic manifests (or e-manifests) as a means to track off-site shipments of hazardous waste from a generator's site to the site of the receipt and disposition of the hazardous waste. This final rule also implements certain provisions of the Hazardous Waste Electronic Manifest Establishment Act, Public Law , which directs EPA to establish a national electronic manifest system (or e-manifest system). It is also understood that the Users such as outlined by FDOT 6 in this RFP who elect to opt out of the electronic submittal to the e-manifest system may continue to use the paper manifest to track their shipments during transportation, which then will be submitted by the designated facility for inclusion in the e-manifest system. Response: It is the District s preference to continue to use paper manifest. Page 4 of 7

5 12) Pages 5 & 6 of 8, Section Y It is our understanding that the FDOT wishes to collect proposals from qualified firms to perform assessment and remediation activities which may involve contaminated material which may be nonhazardous or hazardous as defined by Federal and State regulations. As such, the RFP outlines specific specialized licenses and training and expertise that are expected to meet the minimum industry standard to perform this work in accordance with the Federal and State regulations. Proposers are required to meet insurance, licensing, qualification and bonding requirements outlined in the RFP. In addition, proof of applicable experience may include US Environmental Protection Agency, US Department of Defense and US Department of Energy contracts for assessment and remediation, natural disasters reclamation and remediation for the Federal Emergency Management Agency, oil spills for global energy companies both public and private and state agencies including Florida Department of Environmental Protection, of which, none have required shared liability and have been protected by the same industry accepted insurance requirements as outlined in this RFP. Would the Department consider removal of the language in Section O and Y of the scope of work included in the RFP and replacement with industry standard language below previously used in FDOT RFP s to provide a standard of stability to the FDOT from proposers with the experience to perform the work in accordance with applicable Federal and State Regulations? Response: The Department s standard written agreement requires the Contractor to: 4. INDEMNITY: To the extent permitted by Florida Law, the Vendor shall indemnify and hold harmless the Department, its officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by negligence, recklessness, or intentional wrongful misconduct of the Vendor and persons employed or utilized by the Vendor in the performance of this Agreement. The Department has reviewed EPA s webpage on co-generators. The Department s scope of services reflects EPA s position on co-generators. Please see Memo, Dietrich to Cooper; November 18, Under this memo EPA determined when an entity hires independent contractors, who in turn, may hire subcontractors to perform various services including construction services all three parties may be generators, and if so all parties are jointly and severally liable for complying with the generator standards in Part 262 of our regulations. Additionally, the EPA reserves the right, to hold all parties liable for these responsibilities in any enforcement actions we might take as a result of a violation of the regulations. Per EPA Memo, Shapiro to Stocker; March 4, 1994, EPA determined the presence or absence of someone's ID number on the Manifest is not the determining factor in assessing liability. Liability under CERCLA is determined based on the statute, and the facts in the case in question. As such the Department is requiring the Vendor to be responsible for liability the Vendor is already subject to under EPA s determinations and reservation of rights listed above. Page 5 of 7

6 Exhibit C Price Proposal: 13) The Staff Hours Exhibit C Price Proposal (N) Excel Workbook received via contains custom page sizes for the first 11 pages when printed. Please approve 11X17 fold out pages for the two hard copy originals requested by Addendum 1. Response: Addendum 1 states that only Attachment C-1 Price Proposal tabulation Sheet should be printed out and submitted in a sealed envelope with a CD containing Exhibit C Price Proposal in Excel format. Addendum No : 5. EXHIBIT A SCOPE OF SERVICES: a. Page 7 and 8 of 8, Section 3 - Key Labor Classifications: Is it the Department s intent to accept that personnel submitted under Key Labor Classifications do not require certifications in Professional Engineering, Professional Geology, Asbestos and Industrial Hygiene as none of these professional certifications are required as outlined in the classifications descriptions? Response: 3) KEY LABOR CLASSIFICATIONS 7. Certified Industrial Hygienist (CIH) requires certification from the American Board of Industrial Hygienist (ABIH) or equivalent. Page 6 of 7

7 The following Addendum No. 3 documents are hereby attached and incorporated into the subject project: EPA guidance contractors and subs EPA guidance contractors and subs Harry Orvil Procurement Agent PLEASE ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY SIGNING IN THE AREA PROVIDED BELOW. RETURN THIS ACKNOWLEDGEMENT TO THE ATTENTION OF HARRY ORVIL AT d6.contracts@dot.state.fl.us OR BY FAXING TO (305) COMPANY NAME SIGNATURE TITLE PRINT NAME 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. Page 7 of 7