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Item G1BOARD OF COUNTY COMNIISSIONERS AGENDA ITEM SUMMARY Meeting Date: , February ,1.5, 2012 Division: Public works/En ineerin Bulk Item: Yes No X Department:. Project Management,___ _ Staff Contact Person/Phone #: Jerry Barnett X4416 AGENDA ITEM WORDING: Discussion and approval to request the lowest cost responder to the Request For Proposals (RFP) for Upper Keys and Middle Keys ADA Compliance to submit documents omitted from its proposal after the fact, or to reject their bid in accordance with the Instruction to Proposers Article 6.3 (attached) and consider the next lowest responder. ITEM BACKGROUND: On January 4, 2012, the Responses to the Request For Proposals (RFP) were opened for Upper Keys and Middle Keys ADA Compliance construction and repairs priority #1. Six responses were received. The lowest responder omitted certain documents required under the RFP, including three years of financial statements, a copy of their contractor's license, and documentation demonstrating that the entity is legally viable. The lowest bidder was substantially less expensive than the next responder. The omitted documents are essential to ascertaining the responder's financial stability. PREVIOUS RELEVANT BOCC ACTION: On July 16, 2008 the BOCC approved MBMM Architecture Inc. for the ADA Compliance Assessments for County Facilities and Roads. On December 16, 2009, the BOCC approved a contract with Bender & Associates Architects, P.A. for the development of an ADA Transition Plan. On August 17, 2011, the BOCC approved Resolution #216- 2011 authorizing the Housing Authority to initiate budget amendments for Disaster Recovery Community Development Block Grant (CDBG) awards, and preserve awarded funding for ADA compliance activities. On September 21, 2011, the BOCC approved to issue an RFP for the completion of all Priority one work at all County facilities from Key Largo to Key West. CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOM1VlENDATIONS: Staff recommends that the Commission approve requesting and reviewing the omitted documents. TOTAL COST, NIA INDIRECT COST: BUDGETED: Yes NIA No DIFFERENTIAL OF LOCAL PREFERENCE: NIA COST TO COUNTY: NIA SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH APPROVED BY: County Atty ," OMB/Purchasing Risk Management DOCUMENTATION: DISPOSITION: Included X Not Required AGENDA ITEM # Year Revised 7/09 s co Lni z 00 lu ui lu z 0�- (1) Q) (U cu a TO .0 lu - z z z z z 0 � � +- 9L mi.0 z � LU: Z m � ■■1 " Z 9� �' � 3 0 m V 45 Z V 96 � zz)O. T4 4cm~�,. " IL z CD co � � L ui Z .. us Z. , — � J V Q u - +� 0 IL � Z �U. Q :3 �i Z 2 Qr lu 0 CL ...ui UJ OL CL ,� 0Iwo L� H � i � Q a s a a Q st to to to o cn to to to o o oj 1511-1 r� .N C�l Qj ° v'1 V cn L v v ti .� � v tn M tri to C WLn '.' a o a 4� ° 0 Q W to to to to to to to to Q Ln CL a rt c� � CC G � t }• to cu ;n v {.n v cn a1 (A v v v v aj 00 m 00 Z � J incW G Q W V) CL W .. � Z L1. Q v ��' � E a Q -� a ,,,� co v to v Q cn v (A v v to v cn cv � v -� fi cn �; a o 7- .0 7- a o � V) LD Q Q a -0 a E a} a� ca -� © Q f n o Q tn v iLn v Q 0 o oN v .�, `:, Q cr fi 1 f"\ V 1 i Tt V •, oo � CU Q*— a..� cn v �. 4-1 to o = g. to E ,w � L LE 75 m �-.% L Q 03 Q Q -� kn L Q •75 _ Q v Q UL v [n co � m m Q U- [.,3 a-CL J U Ll. ADS COMPLIANCE SEGMENT # 1 .7.3 Pollo ing review of the Proposer's claim at the efecflon of the owner the der rnay.- a. Allow the Proposer to wfthdraw the Proposal and the Owner- retains the Proposal Security., bla Allow the Proposer to withdraw the Proposal and the Owner returns the Proposal Security., Q. Allow the Proposer to enter into contract for the proposed Work at the original Proposal price. ARTICLE CONSIDERATION OF PROPOSALS 6.1 OPENING OF PROPOSALS �. I The properly identified Proposals received on time %M"Il be opened at the Monroe County Purchasing Department The public is permitted to be present. 6.1.2 Any Proposal not received by the Purchasing Department on or before the. deadline for receipt. of Proposals designated in the Notice of Calling for Proposals wil be retumed unopened. 6.2. PROPOSALS TO REMAIN OPEN 6.2.1 All Proposals shall remain open and valid for ninety (90) days after the date designated for receipt of Proposals. 6.2.2 The Owner may, at his sole discretion, release any Proposal and return the Proposal Security before the ninety (90) days has elapsed. 8.3 AWARD OF CONTRACT 6.3.1 The tuner reserves the right to reject any and all Proposals, or any part of a Proposal. The Winer reserves the right to waive variations from the specifications that do not reader the Proposal non -conforming. The Owner retains the right to disregard non -conformities, non responsive Proposals or conditional Proposals in the best interest of the County. 6.3.2 In evaluating Proposals, the Owner shall consider the qualifications of the Proposers and whether or not the Proposals comply with the prescribed requirements in the Proposing Documents. .3.3 The Owner shall have the right to accept alternates in any order or combination and to determine the low Proposer on the basis of the sum of the Base Proposal plus Alternates selected by the Omer.. The Owner reserves the right to. reject any or all Alternates in the selection process as is deemed necessary to Deep the project Within budget. 6.3.4 The der may consider the qualifications and experience of subcontractors and/or other entities (including those who are to furnish materials, or equipment INSTRUCTIONS TO PROPOSERS 00100-9 0 COMPLIANCE SEGMENT # 1 fabricated to a special design) proposed for each of the principal portions of the Work as identified in the Proposing Documents. Proposers shall submit their listing of subcontractors. A Proposed Subcontractor Listing Form supplied by the Owner is to be completed for #his purpose. . . 5 The Owner may conduct such investigations as he deems necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualificaUons, and financial ability of the Proposers,, proposed subcontractors, and oilier persons or organizations to do the 'work in accordance with the Contract Documents to the ownees satisfaction within the prescribed time. 8.3.6 The Owner reserves the right to reject the Proposal of any Proposer who does not pass any such evaluation to its satida on. .3.7 If the Co ct is awarded, it ill be awarded to the lowest conforming responsible Proposer. 6.3.8 If the Contract is to be awarded, the Owner will issue the Notice of Award to the successful imposer within ninety 0) days after the data of receipt of Proposals. The Owner reserves the right to return all Pmposals, not make any awards, and cancel the Pro ec L 6.3,9 The Owner is tax exempt and reserves the right to purchase direr various construction materials and equipment that may be a part of the Contract. If the Owner elects to make a particular purchaser the Owner YAII, via a Purchase Contract, purchase the materials and equipment, and the Contractor shall assist the �� in the preparation of these purchase Contracts, including providing to the Owner appropriate tax credits. If Owner elects to make such purchases directly, the cost of work shall be ducted from the contract amount. The amount of the deduction shall be determined by the cost of work as set forth in 7.2.4 and deducted by change order reflecting the amount being deducted from the contract price. 6.4 EXECUTION OF CONTRACT .4.1 The Contractor shall sign and deliver all four (4) originals of the Contract Agreement to project Management Within tan (10) days after receipt of a N otie of Award. All other Contract Documents such as the Public Construction Band and Insurance Certificates are to be prodded to Project Management within fourteen (14) days after receipt of Notice of Award. A Notice to Proceed Will be issued to the Contractor after approval of the contract by the BOCC and upon satisfactory compliance With these provisions. In no event shall the failure of the Contractor to provide satisfactory bond and insurance certificates within the stipulated time be cause for an extension of the contract #Dane. Project Management will return one fully executed copy of the Contract Agreement to the Contractor with all other - ontract Documents attached upon receipt from the Owner. INSTRUCTIONS TO PROPOSERS 00100-10