Item C16
'
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tem David Rice, District 4
TheFloridaKeys
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
February 15, 2017
Agenda Item Number: C.16
Agenda Item Summary #2637
BULK ITEM: DEPARTMENT:
Yes Engineering / Roads
TIME APPROXIMATE:STAFF CONTACT:
Judith Clarke (305) 295-4329
no
AGENDA ITEM WORDING:
Approval to use the Florida Department of Transportation (FDOT)
Low Bid Design-Build (LBDB) Process to evaluate proposals and contract with a design-build
contractor for construction of the Card Sound Toll all electronic tolling system.
ITEM BACKGROUND:
allows staff to use a contractor selection procedure that is established by statute and authorized by
the BOCC.
The FDOT Low Bid Design-Build procedure awards a contract to a responsive technical proposal
with the lowest price proposal. This procedure is recommended for non-complex projects where
plans are substantially developed, it does not involve complex maintenance of traffic schemes and
has limited options for innovation and specialized engineering. The Card Sound Toll conversion
meets this description. The FDOT Design-Build Procurement and Administration document is
attached as back up. The Low Bid Design-Build process is described in Section 5 on page 32. Staff
will utilize relevant provisions and amend portions of the process that conflict with the Monroe
County Purchasing Policy.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC approved a task order with HDR
Engineering, Inc. to develop a design-build Request for Proposals (RFP) for the Card Sound Toll
Authority all electronic tolling system installation at the February 22, 2016 meeting.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval
DOCUMENTATION:
FDOT Design Build Procedure 625-020-010 (1)
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FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match
:
Insurance Required:
Additional Details:
none
REVIEWED BY:
Judith Clarke Completed 01/30/2017 12:26 PM
Christine Limbert Completed 01/30/2017 4:29 PM
Budget and Finance Completed 01/30/2017 5:04 PM
Maria Slavik Completed 01/31/2017 7:22 AM
Kathy Peters Completed 01/31/2017 3:17 PM
Board of County Commissioners Pending 02/15/2017 9:00 AM
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Approved: Effective: April 15, 2015
Review: April 1, 2015
Office: Construction
Topic No.: 625-020-010-l
_________________________
Department of Transportation
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496437)
To establish the Department's process for procuring and administering Design-Build
projects.
%98,36-8=
Sections 20.23(3)(a) and 334.048(3), Florida Statutes (F.S.)
7'34)
This procedure affects all offices associated with the procurement and administration of
Design-Build projects.
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Design-Build combines into a single contract the design and construction requirements
for a project, in accordance with standard Florida Department of Transportation
(Department) criteria (if applicable), specifications (if applicable), and contract
administration practices.
The Department is authorized under Section 337.11(7), F.S., to use the Design-Build
process on buildings, major bridges, limited access facilities, and rail corridor projects.
uthority is further expanded under Section 337.025, F.S., to include
all project types as a part of the innovative highway projects program.
The Design-Build procurement and contract administration processes will follow
standard Department practices, unless otherwise identified. Districts are responsible for
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conducting the Design-Build procurement and administration processes for projects
within the managing District; whereas, Central Office Professional Services Unit, in
coordination with the appropriate office(s), is responsible for Design-Build contracts
originating in the Central Office.
6)*)6)2')7
Section 337.11(7), F.S., Design-Build Statute; Rule Chapter 14-22, Florida
Administrative Code (F.A.C), Contractors-Highway-Qualification to Bid; Rule Chapter
14-91, F.A. C, Administration of Combined Design and Construction Contracts (Design-
Build)
Section 287.055, F.S., Consultants Competitive Negotiation Act; Rule Chapter 14-75,
F.A. C. Consultants Qualification
Section 337.025, F.S., Innovative Highway Projects
Section 339.135(2), F.S., Work Program Legislative Budget Request
23 Code of Federal Regulations (CFR) Part 636, Design-Build Contracting
FDOT Procedure Topic No. 375-000-001, Road and Bridge Contract Procurement
FDOT Procedure Topic No. 375-030-002, Acquisition of Professional Services
FDOT Procedure Topic No. 575-000-000, Right of Way Procedures Manual
FDOT Procedure Topic No. 350-020-200, Contract Funds Management Funds Approval
FDOT Design-Build Specifications Division I (General Requirements and Covenants)
FDOT Standard Specifications for Road and Bridge Construction Division II
(Construction Details), Division III (Materials), and Implemented Modifications.
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For purposes of this procedure, the following definitions apply:
%HNYWXIH7GSVI(IWMKR&YMPH
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means the contract award is based on the
lowest adjusted score, which is determined by dividing the price proposal, with any
adjustments for proposed contract time when identified in the Request for Proposal
(RFP), by the sum of the Letter of Interest score and technical proposal score.
%HZIVXMWIQIRX is the Departments solicitation for Design-Build services.
&MH4VSTSWEP means the documents required by the public advertisement to include:
Letters of Interest, a technical proposal, and/or a price proposal.
'SRXVEGXMRK9RMX is the unit within each District that has been given the responsibility of
procuring Design-Build contracts. This unit may mean either the Contracts
Administration Office or the Professional Services Unit, whichever is appropriate for the
task required.
'SRXVEGXW%HQMRMWXVEXMSR3JJMGI is the District or Central office that is responsible for
the contracts awards process.
'SRWYPXERX'SRWXVYGXMSR)RKMRIIVMRKERH-RWTIGXMSR
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A consulting
engineering firm pre-qualified by the Department to perform Construction Engineering
and Inspection (CEI) and under contract to perform such services on a project or series
of projects.
(ITEVXQIRX')-: The Department employees who perform construction engineering
and inspection services.
(IWMKR&YMPH means combining the design and construction phases of a project into a
single contract.
(IWMKR&YMPH*MVQ, means any company, firm, partnership, corporation, association,
joint venture, Design-Build joint venture, or other legal entity authorized to practice
engineering, architecture and construction contracting, as appropriate in the State of
Florida.
(IWMKR&YMPH.SMRX:IRXYVI A Design-Build Joint Venture is created when a qualified
bidder, or group of qualified bidders, and another entity enter into an agreement prior to
bidding on Design-Build projects. A joint venture formed under Rule 14-22.007, F.A.C.,
and approved by the Department will qualify as a Design-Build Joint Venture for
purposes of this procedure.
(IWMKR&YMPH1ENSV As authorized by Section 337.11(7), F.S., is a contracting
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Page 4 of 58
technique, which allows the Department to combine the design and construction phases
of a building, a major bridge, a limited access facility, or a rail corridor project into a
single contract.
(IWMKR&YMPH1E\MQYQ4VMGI This method stipulates a maximum price. Design-Build
Firms compete on project scope, qualifications, quality, innovation, schedule, and costs
(not to exceed the maximum price). Every proposal has a stipulated price and the
competition is on price, scope, quality, innovation, and schedule. This method has the
advantage of immediately allowing the Department to determine if the required scope is
realistically achievable within the limits of a tight budget. It is responsive to the efficient
use of funds by committing virtually all available funding up front and using the scope,
schedule, innovation, and quality of project proposals to determine the most attractive
offer.
(IWMKR&YMPH1MRSV As authorized by the Innovative highway program statute
(Section 337.025, F.S.), is a technique which allows road contracting projects and other
types of construction projects that are not covered by Section 337.11(7), F.S., to be
procured as a Design-Build project.
(IWMKR&YMPH4YWLFYXXSR A Design-Build method which establishes a defined scope
of work to be completed by the Design-Build Firm and also includes establishing a price
for pre-determined work items which may be completed by the Design-Build Firm
ope of work
is approximate and represents estimated planned work requirements based on
historical or specific project needs. Task Work Orders will identify the location,
description and amount of work to be performed. Under Design-Build Pushbutton
contracting, the Department does not guarantee any maximum quantity, minimum
quantity or range of quantities of work to be performed. Design-Build Pushbutton
contracts shall be ASDB procurements.
(IWMKR&YMPH[MXL3TXMSRW This process provides a method to build a project to a
lesser scope versus not letting the project due to the bids coming in higher than what
the Department can afford. The Department plans to construct the entire project as
stipulated in the Contract Documents. However, the Department intends to establish
priorities for the Contract award in the event the goals of the Department cannot be
achieved with the funds determined available by the Department. If funding is a
limitation on a project based on bids received, the Department can exercise options
established for a project.
(IWMKRERH'SRWXVYGXMSR'VMXIVME4EGOEKI The design and construction
requirements that define the criteria essential to ensure that the project is designed and
constructed to meet the needs determined by the Department. This package is part of
the RFP.
*EGXSVIH(IWMKR&YMPH means the contract award is based on the highest score
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received and each proposers score for Letters of Interest and technical proposal to the
highest score for the Letters of Interest and technical proposal received by the
Department. The sum of the scores for the Letters of Interest and the technical
proposal from each proposer will be divided by the highest sum of the scores for
Letters of Interest and technical proposal from any proposer multiplied by a factor
ranging from 15% to 30% as described in the public advertisement, including any
adjustments for proposed contract time when idenitifed in the RFP. The lowest price
proposal received will be divided by each price proposal submitted by any proposer to
determine a value which will be multipled by a factor ranging from 70% to 85% as
described in the public advertisement, including any adjustments for proposed contract
time when identified in the RFP. In no case will the factors applied to the sum of the
Letters of Interest plus technical proposal and to the price proposal be greater than
100%. The Factored Design-Build procurement process may be used by the
Department to procure any Design-Build project. For the purpose of this procedure,
Factored Design-Build is considered an Adjusted Design-Build procurement method.
*M\IH'ETMXEP3YXPE]
*'3
&YMPHMRK4VSNIGXW provide for building additions,
replacements, major repairs or renovations to materially extend the useful life or
improve/change the functional use (including furniture and equipment) necessary to
furnish a new or improved facility.
0IXXIVSJ-RXIVIWXrefers to the initial submittal required by the Department for the
Phase I procurement process for ASDB projects. Criteria required for Letters of
Interest is stated in the advertisement. Design-Build Firms desiring to submit Bid
Proposals on ASDB projects must submit a Letter of Interest setting forth the
qualifications of the members of the Design-Build Firm and provide any other
information required by the project advertisement.
0S[&MH(IWMKR&YMPH
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means the contract award is based on a responsive
technical proposal with the lowest price proposal.
2SRGSQTPI\TVSNIGX means a Design-Build project in which plans have been
substantially developed; is located in an unincorporated area or an incorporated area
with a population of less than 200,000; does not involve complex Maintenance of Traffic
schemes; and has limited options for innovation and specialized engineering. The
procurement method for non-complex projects will be Low Bid Design-Build or Factored
Design-Build.
2SR*'3&YMPHMRK4VSNIGX means a project to provide toll facilities, rest areas, weigh-
in-motion facilities, Turnpike Service Plazas, welcome centers, and other buildings
incidental to the roadway system.
2SR6IWTSRWMZIrefers to any Letters of Interest non-compliant with the criteria
identified in the phase I process or any technical proposal non-compliant with the
criteria defined in the RFP in the phase II process of the ASDB procurement. On LBDB
procurement, this refers to any technical proposal non-compliant with the criteria
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defined in the RFP.
4VSJIWWMSREP7IVZMGIW9RMX is the District or Central office that includes the
staff responsible for proper procurement of professional services in the
program area.
4VSNIGX means those services to be designed and constructed as described in the
public announcement.
4VSNIGX1EREKIV
41
is the Department's designee responsible for the administration
of the design-build project.
4VSTSWEP)ZEPYEXSVW means the group of individuals serving as a Technical Review
Committee assigned with the responsibility of evaluating and scoring the Letters of
Interest and evaluating and scoring the technical proposals received on ASDB projects.
On LBDB projects the Proposal Evaluators shall review technical proposals for the
purpose of determining responsiveness.
6EMP'SVVMHSV4VSNIGX means a project which involves design and construction of,
improvements to, or replacement of tracks and track components such as rails, ties,
turnouts, crossings, bridges, trestles, culverts, signals, communication lines, poles,
radio masts, buildings, structures, facilities, and all other improvements or fixtures
required for the operation of the railway.
6IUYIWXJSV4VSTSWEP
6*4
is the package to be provided to the short-listed Design-
Build Firms in the ASDB method and to those Design-Build Firms pursuing LBDB
projects. The RFP must define all functions and responsibilities required by the Design-
Build Firm. This RFP should consist of the following:
%
(EXIW
of services/products dat
period; and payout schedule, as applicable.
&
(IWMKRERH'SRWXVYGXMSR'VMXIVME The design and construction requirements
define the specifications essential to ensure that the project is designed and
constructed to meet the needs determined by the Department.
'
6IUYMVIQIRXW for preparation and submittal of technical and price proposals.
6IWTSRWMZIrefers to any Letters of Interest compliant with the criteria identified in the
phase I process or any technical proposal compliant with the criteria defined in the RFP
in phase II of the ASDB procurement. On LBDB procurement, this refers to any
technical proposal compliant with the design and construction criteria defined in the
RFP.
7IPIGXMSR'SQQMXXII: On ASDB projects, the Committee which reviews and confirms
the scored Letters of Interest of Design-Build Firms that may submit proposals. On
ASBD projects, after the Proposal Evaluators evaluate and score the Letters of
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Interest and technical proposals, the Contracting Unit will submit their findings along
with the bid price proposals and lowest adjusted scores to the Selection Committee.
The Selection Committee may approve an award to the Design-Build Firm with the
lowest adjusted score. On LBDB projects, the Selection Committee will approve an
award to the Design-Build Firm with the lowest bid that submits a responsive technical
proposal.
In the District, as a minimum, the Selection Committee is comprised of the District
Secretary (who will serve as Chairperson), the appropriate Director, and the appropriate
Office Head or as appointed by the District Secretary. A representative from the
Contracting Unit will be a non-voting member and will serve as Recording Secretary at
all meetings. Each member of the Committee may appoint an appropriate management
level alternate as appropriate.
In the Central Office, the Selection Committee will be comprised of the appropriate
Assistant Secretary or their designee (who will serve as Chairperson), the appropriate
Director, and the appropriate Office Head or as appointed by the Chairperson. The
Manager of the Procurement Office will be a non-voting member and will serve as
Recording Secretary at all meetings. Each Committee member may appoint an
appropriate management level alternate as appropriate.
7LSVXPMWX is defined as the responsive Design-Build Firms participating in phase II of an
ASDB project.
8IGLRMGEP%HZMWSV is defined as the individual or group of project specific discipline
expert(s) who may assist the Proposal Evaluators, as necessary, by reviewing Letters
of Interest and technical proposals and providing factual information based on their
discipline review.
:EPYISJ8MQI*EGXSV means an adjustment to the price proposal to reflect the worth of
completing a project in as short a time as possible. This adjustment factor is based on
the Design-Build
a value per day established by the Department in the RFP, i.e., number of days
multiplied by the dollar value per day equals the price proposal adjustment (increase).
liquidated damages schedule or affect any special provisions that apply for
incentives/disincentives.
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The Department's Project Manager will be responsible for coordinating the procurement
of Design-Build services as well as overseeing the engineering/inspection/construction
of the project. A team approach, with a PM from Production and a PM from Operations,
is a viable solution to fulfilling the responsibilities associated with this role. The
responsibilities may include, but are not limited to:
Working with Contracting Unit and other appropriate offices in establishing the
pre-qualification categories and advertisement
Coordinating with the Federal Highway Administration representative on
oversight and exempt projects
Participating in the Proposal Evaluators review of Letters of Interest
submitted by responsive Design-Build Firms
Participating in the development of the RFP
Working with the Contracting Unit in responding to Design-Build Firm's inquiries
Participating in the procurement meetings,
Coordinating the Proposal Evaluators review of technical proposals
Coordinating the submittal of technical evaluations to Selection Committee
Acting as the Department's liaison with the Design-Build Firm during the
construction of the project in general and as person in responsible charge of
the project
Coordinating the review of the Design-Build Firm's submittals by FDOT during
design and construction
Working with the assigned Right of Way Project Manager to ensure right of way
services are provided as specified in the contract and in compliance with
applicable state and federal requirements.
Making periodic site reviews
Reviewing and approving periodic progress payments
Monitoring MBE/DBE participation
Ensuring the Department receives final documents as specified in the contract
Ensuring that proper CEI is performed during construction
Ensuring Materials Acceptance Program requirements are met
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Working with appropriate offices to develop supplemental agreements if
applicable
Ensuring that the Design-Build Firm's Quality Control (QC) plan is being
followed
Ensuring that all environmental commitments are followed
Ensuring that appropriate documentation takes place at each step in the
process
Conducting performance evaluations
The PM must rely heavily on a multi-disciplined team in order to: (a) determine the pre-
qualification requirements, (b) develop the design and construction criteria, (c) evaluate
the Letters of Interest and technical proposals, and (d) oversee the design,
construction, and CEI of the project and if applicable, right of way services provided on
the project. The District Secretary or the District Directors should assign the appropriate
people to serve on this team. Due to the complexity of coordinating a design-build
project, the PM and members of the multi-disciplined FDOT team must work in concert
to successfully complete all elements of the contracting and administrative process
required by design-build projects.
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The adjusted score approach may be used when overall outcomes can be clearly
defined; however, a number of alternatives may exist which could provide the outcomes
desired. An example of this method is a bridge project where alternative foundations,
spans, and material types are acceptable.
463.)'8-()28-*-'%8-32
District and Central Office Management must first decide if contracting a specific
project through the Design-Build method would benefit the Department and the
Projects with a combined design and construction cost of less
than $25M, Design-Build Pushbutton projects (regardless of the combined design and
construction cost), Design-Build Maximum Price projects (regardless of the combined
design and construction cost), and Factored Design-Build projects (regardless of the
combined design and construction cost) require approval of the Chief Engineer prior to
programming as Design-Build. The project will then be identified and included in the
work program. Design-Build contracts will be identified in the Financial Management
System (FM System) as Phase 52, Contract Class 9 for the fiscal year in which bids are
to be received. For FCO projects, Design-Build contracts will be identified in the FM
System in the fiscal year for which the appropriation is received. Phase 52 will include
all work associated with preliminary engineering, and construction, and if applicable,
right of way services provided on the project. In-house CEI estimates that will initially
be automatically generated (based on the overall Phase 52 level) must be manually
revised to represent only the in-house effort required to manage the CEI consultant.
District Program Development staff will code the Item Group as A3 (Design-Build Minor)
or B8 (Design-Build Major) based on project description and authorization.
If incentives are used on a Design-Build project, the appropriate Item Group
Code will be used in the FM System. The incentive payment should be programmed in
the fiscal year in which the incentive payment is expected to be made. Expected payout
will occur when the Contractor has met the early completion dates/days noted in the
contract. Use Phase 5A to program these payments and the same program number as
on the construction Phase 52 (02, 05, etc.).
():)0341)283*46)59%0-*-'%8-326)59-6)1)287
The Project Manager, with the assistance of a multi-disciplined team including
the Contracting Unit, will determine the pre-qualification requirements. The
hnical qualification requirements apply to each entity
providing professional services (Rule Chapter 14-75, F.A.C.). Pre-qualification is
required for contractors performing specialty work, as described in FDOT Standard
Specifications. Pre-qualification is required prior to the closing date for the submittal of
Letters of Interest.
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Pre-qualification requirements for Design-Build advertisements for the contractor and
design consultant members of the Design-Build Firm must be in accordance with the
following:
1) Contractors submitting as a lead or prime with the Design-Build Firm must be
qualified in all advertised construction contractor work classes, in accordance with the
provisions of Rule Chapter 14-22, F.A.C. In this case, where the design consultant is
not the lead of the Design-Build Firm, the design consultant will be utilized to meet the
advertised Professional Services Work Type requirements, in accordance with
provisions of Rule Chapter 14-75, F.A.C. The design consultant may utilize
subconsultants to meet the advertised Professional Services Work Type requirements.
(2) Design consultants submitting as lead or prime with the Design-Build Firm may
utilize subcontractors to meet all advertised construction contractor work class
requirements, in accordance with the provisions of Rule Chapter 14-22, F.A.C. The
design consultant may utilize subconsultants to meet the advertised Professional
Services Work Type requirements, in accordance with provisions of Rule Chapter 14-
75, F.A.C.
(3) When a joint venture party submits Letters of Interest, one of the contractor
members of the joint venture party must be assigned to meet the advertised
construction contractor work class requirements, in accordance with the provisions of
Rule Chapter 14-22, F.A.C. In this case, the design consultants member of the
Design-Build Firm will be utilized to meet the advertised Professional Services Work
Type requirements, in accordance with provisions of Rule Chapter 14-75, F.A.C.
FCO building pre-qualification requirements for contractors include the following:
· Applicable Contractor License,
· State Corporate Charter Number, if Corporation, and
· Added requirements, if necessary for specialized needs.
():)0341)283*6)59)78*36463437%0
The Department shall develop an RFP which furnishes sufficient information for
Design-Build Firms to prepare proposals. The RFP will set forth the submittal
requirements and evaluation criteria. Development of the RFP for a design-build project
shall be undertaken by individuals knowledgeable of the contracting requirements and
experienced in the application of the performance criteria appropriate to meet the facility
needs.
The Districts shall use the approved boilerplate RFP document as shown on the
State Construction Office web page as the basis for the project specific RFP document.
An electronic copy of the draft RFP, with changes identified, shall be submitted to the
State Construction Office on all projects for review and approval prior to posting of the
project advertisement. An electronic copy of the final RFP, with changes identified,
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shall be submitted to the State Construction Office on all projects for review and
approval prior to submittal to the short-listed Design-Build Firms. The intent of the State
with the commitments made to FHWA and the Industry and to coordinate any
suggested changes with FHWA and the Industry. For Category 2 bridge projects, the
State Structures Design Engineer or designee should review and approve the draft and
final versions of the RFP. Category 2 bridges are defined in the Plans Preparation
Manual, Volume I, Topic No. 625000007, Section 26.3.2.
If the project is subject to FHWA oversight, the draft RFP shall be submitted for
FHWA approval as soon as possible but no later than concurrent with the
advertisement. It is critical that FHWA be involved throughout the development of the
RFP RFP approval. Prior to sending the final RFP to
short-listed Design-Build Firms, the Department must have FHWA approval of the RFP
on oversight projects.
The RFP should identify design-build requirements/services, including any
information, data, and services to be furnished by the Department. Rail projects that
have Federal Transit Authority (FTA) oversight must submit a management plan.
The RFP
sufficient information upon which Design-Build Firms may prepare Bid Proposals.
Criteria may include geo-technical analysis, surveying, permitting, right of way mapping,
title searches, utility coordination, etc. The RFP shall state the specifications, design
criteria, and standards to be used in the design and construction of the project, and if
applicable, standards, to be used in providing right of way services on the project,
unless otherwise noted in the RFP.
The Design-Build Firm is subject to the Independent Assurance (IA) procedures.
The Department's IA procedure will be used for comparison tolerances and actions. IA
will be performed on Quality Control and Quality Assurance personnel.
'3286%'8291&)6%77-+21)28
The Contracting Unit will obtain a contract number and enter the project into the
)2'91&6%2')
The contracting Unit or Project Manager will request and receive approval of a
MEMO Funds Encumbrance through the Contract Funds Management (CFM) system
before the current advertisement is posted.
Prior to awarding the contract to the vendor, the Contracting Unit or Project
Manager will request and receive approval of the award encumbrance through the
Contract Funds Management system.
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%(:)68-7)1)28
The proposed planned advertisement shall be submitted to the State
Construction Office AlternativeContracting Specialist and the Central Office
Procurement Manager for review and approval. Central Office review and approval of
the planned advertisement language shall be obtained prior to the solicitation being
posted on the planned projects advertisement website.
The solicitation shallbe posted on the planned projects advertisement website for a
minimum of ten (10) calendar days prior to the solicitation being posted on the current
projects advertisement website.
Any deviation from the timeframes established for planned project advertisements shall
be approved by the Chief Engineer.
The planned advertisement will include, as a minimum, the name and description of the
project, the District and County location of the project, the professional services work
type requirements, construction work class requirements, the estimated construction cost
of the project (if applicable), and the names of the approved Proposal Evaluators.
The proposed current advertisement shall be submitted to the State Construction
Office Alternative Contracting Specialist and the Central Office Procurement Manager for
review and approval before posting the solicitation on the current projects advertisement
website.
The solicitation shall be posted on the current project advertisement website for a
minimum of twenty-one (21) calendar days from the date of current advertisement to the
receipt of Letters of Interest. A minimum of 60 days is allowed from the date of
advertisement to the receipt of technical proposals.
Any deviation from timeframes related to current project advertisements shall be
approved by the Chief Engineer.
Advertisements will be publicized on the Internet web site at
http://www2.dot.state.fl.us/procurement/ads/advdbld.htm. Additionally, the
Department may utilize other forms of communication, such as newspapers or
magazines, mail-outs, or television or radio to announce the project.
The current advertisement shall include the Draft RFP document. The current
advertisement will include, as a minimum, the name and description of the project, the
District and County location of the project, the professional services work type
requirements, construction work class requirements, the estimated construction cost of
the project (if applicable), how and where Design-Build Firms can respond, any
additional technical qualifications desired, the criteria on which Letters of Interest will be
evaluated, the time frames for submitting Letters of Interest, technical proposals and
price proposals, the number of copies to be received, how respondents will be selected,
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and tentative dates for Short-list and final selection.
the prospective Design-Build Firms. The selection schedule should provide an outline of
specific calendar dates and identify the time allotted for the preparation of qualification
statements for proposals. Advertisements should also include the posting date and bid
solicitation protest rights. Each project advertisement should be drafted to fit the unique
needs of that particular project.
The advertisement shall include date, time, and location of when the Selection
Committee announces the short-listing of Design-Build Firms (if applicable),
announcement of technical scores (if applicable) and opening of price proposals.
Consultant Construction Engineering and Inspection Services contracts procured
to provide administrative oversight of Adjusted Score Design-Build projects shall be
advertised after the Short-list of Design-Build Firms has been developed. Prior
approval from the Chief Engineer shall be obtained, should the District elect to deviate
from this process.
0)88)673*-28)6)78
On Adjusted Score Design-Build (ASDB) projects, Letters of Interest will be required
from interested Design-Build Firms. Letters of Interest should be sent to the Contracting
Unit. The Department is required to receive at least three (3) Letters of Interest in order
to proceed with the procurement. If three (3) Letters of Interest are not received, then
the Department will re-advertise, or alternatively review its list of pre-qualified Firms
deemed to be the most highly qualified, based on qualification data on file, past
performance grades, and location. The Department will then contact each of the listed
Firms and conduct similar discussion concerning the project. Letters of Interest shall be
no more than ten (10) pages in length and include a Contact Person, with name, phone
number, and e-mail address (if available). Buildings, rail, or complex projects may
require longer Letters of Interest. The Letters of Interest will be evaluated based on
the required criteria stated in the advertisement.
It is the Departments intent that the Design-Build Firms Letters of Interest should be
based on the information contained in the draft RFP and other project documents
provided with the current project advertisement and the Design-Build Firms knowledge of
the project. The Letters of Interest should provide a broad overview of a Design-Build
Firms understanding of the project requirements, identification of critical issues, and
outline for addressing critical issues.
%77-+21)283*%2():%09%8-32%2(7'36-2+&=
463437%0):%09%8367
The Project Manager, District Construction Engineer, District Design Engineer, or their
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designees, and others as agreed upon by the preceding identified members, or as
appointed by the District Secretary or his or her representative shall serve as Proposal
Evaluators. There shall be a minimum of three Proposal Evaluators on each Technical
Review Committee.
For projects which include Contractor prequalification requirements of Minor Bridge, the
District Structures Design Engineer, or their designee shall serve as a Proposal
Evaluator. For projects which include Contractor prequalification requirements of Major
Bridge, the State Structures Design Engineer, or their designee shall serve as a
Proposal Evaluator.
For rail corridor projects, the Public Transportation Manager, or District Rail Corridor
Manager, and the State Rail Office or their designee shall serve as a Proposal
Evaluator.
For building projects requiring major renovations, additions, or new facilities, which are
intended for general public access, an architect (District, Central Office, or General
Consultant), as well as appropriate Directors, or designees, based on the nature of the
work requested, the complexity of the project, and the availability of personnel for a
timely selection shall serve as Proposal Evaluators. For FCO buildings the District/
Central Office FCO Coordinator, or their designee shall serve as a Proposal Evaluator.
Proposal Evaluators Proposal Evaluator training
which can be accessed from the Office of Construction intranet website.
Consultants may not serve as Proposal Evaluators.
Participation by employees of other Florida governmental entities as a Proposal
Evaluator is acceptable, as long as the Department participants represent a majority of
the Technical Review Committee.
Private citizens and members of special interest groups are not allowed to serve as
Proposal Evaluators.
Proposal Evaluators assigned to the Technical Review Committee must have sufficient
experience in at least one of the engineering disciplines required by the project.
Assignment of Proposal Evaluators to the Technical Review Committee for a specific
project requires approval of the District Director of Transportation Operations and the
District Director of Transportation Development. The Department reserves the discretion
to substitute Proposal Evaluators as necessary throughout the procurement process.
Substitutions shall be submitted to the District Director of Transportation Operations and
the District Director of Transportation Development for review and approval.
All Department staff serving as Proposal Evaluators must sign the Conflict of Interest
Certification Form, Form No. 37503050, for each procurement. Employees of other
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Florida governmental entities serving as a Proposal Evaluator shall sign the Conflict of
Interest Form for Public Officers/Employees, Form No. 37503050, for each
procurement. The Contracting Unit representative shall complete the Conflict of
Interest Form for Public Officers/Employees, Form No. 37503050, for each
procurement.
The Proposal Evaluators shall evaluate and score the Letters of Interest received
from responsive Design-Build Firms. The Contracting Unit will evaluate the pre-
qualifications of the construction contractor(s) and design consultant members of the
Design-Build Firm, and the capacity of the construction contractors who are members of
the Design-Build Firm. Pre-qualifications and capacity are to be assessed by the
Contracting Unit. Prior to making a determination that any Design-Build Firm submitting
aLetters of Interest is non-responsive on the basis of prequalification or capacity, the
Contracting Unit shall contact the Prequalification Specialist of the State Construction
Office. The appropriate Contracting Unit will provide the Proposal Evaluators with a
copy of all Letters of Interest, and information to be used for evaluation purposes.
Based upon this information, the Proposal Evaluators will evaluate and score all
responsive Design-Build Firms submitting Letters of Interest to be considered. The
Proposal Evaluators shall review the project documents to gain an appreciable
knowledge of the project prior to evaluating the Letters of Interest. In scoring the
Letters of Interest, each Proposal Evaluator shall provide written comments explaining
the basis of their scores.
The evaluation criteria apply to construction contractor(s) and design consultant
members of the Design-Build Firm, and Right of Way professionals, when applicable.
The Proposal Evaluators should take into consideration the following criteria as it
applies to the project.
(1) Design-Build Firm name and prequalifications
(2) Past Performance Evaluations, Design-Build Project Experience,
Organization and Staffing:
Contractor Grades
Professional Consultant Grades
Performance History with other States or Agencies, if none with the
Department.
Design-Build Project Experience of the Contractor and Professional
Consultant
Similar type of work experience
Environmental Record
Contractor Experience Modification Rating (Current Year)
Design-Build Firm organization
Design-Build Firm staffing plan
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Design-Build Firm coordination plan
(3) Design-Build Project Requirements and Critical Issues:
Understanding of Design-Build Project requirements
Identification of critical issues
Outline for addressing critical issues
Proposal Evaluator meetings to discuss strengths and weaknesses of DesignBuild
Firms shall not be held. In lieu of Proposal Evaluator meetings, the District Contracting
Unit may schedule Technical Advisor Presentation meetings.
6):-);%2('32*-61%8-32&=7)0)'8-32'311-88))%2(
7,3680-78():)0341)28
Evaluations and scores of Letters of Interest will be developed for each
responsive Design-Build Firm. This information will be compiled and presented to each
Selection Committee member for their review prior to or at the scheduled Selection
Committee meeting. At the minimum, a quorum of the Proposal Evaluators shall be in
attendance at the Selection Committee meeting, to confirm the Letters of Interest
evaluations and scoring. A Proposal Evaluator may attend the Selection Committee
meeting by phone when travel or other circumstances prevent in-person attendance.
The Contracting Unit representative provides the Proposal Evaluators individual
Letters of Interest Scores and written comments to the Selection Committee members
for their review prior to the Selection Committee meeting. Individual Selection Committee
members may contact the Project Manager or individual Proposal Evaluators in
advance of the Selection Committee meeting if they have questions about the Proposal
Evaluator comments.
The Selection Committee will review and confirm the evaluations and scores of
all responsive Design-Build Firms submitting Letters of Interest as part of the
procurement process during a publicly held meeting. If the Project Selection Committee
discovers potential errors or omissions in the evaluation(s) of one or more Proposal
Evaluators that are not resolved through questioning of the Proposal Evaluators during
the public meeting, the Project Selection Committee may return the submissions to the
Technical Review Committee for further review and reevaluation, as necessary.
The Contracting Unit will document the outcome of the Selection Committee
meeting. The Contracting Unit will complete Form 375-030-2B, Design-Build Selection
Package, which will become part of the permanent project file. Following the Selection
Committee meeting, the Contracting Unit will provide a notification to all responsive
Design-Build Firms which includes the Letters of Interest scores of each responsive
Design-Build Firm as developed by the Proposal Evaluators and reviewed and
confirmed by the Selection Committee. NOTE: Consultant Construction Engineering and
Inspection Services contracts procured to provide administrative oversight of Adjusted
Score Design-Build projects shall be advertised after the Short-list of Design-Build
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Firmshas been developed.. Prior approval from the Chief Engineer shall be obtained,
should the District elect to deviate from this process.
The responsive Design-Build Firms may elect to continue to participate in phase
II of the procurement process by submitting notification to the procuring agent of its
intent. Notification shall be provided by the deadline established in the
advertisement. The Short-list will be made up of all responsive Design-Build Firms
satisfying the election and notification requirements identified in the advertisement. The
Short-list will be posted to the Departments website, following the notification deadline.
The public advertisement will state project specific short-listing criteria pursuant
to one of the following methodologies:
(a) After completing evaluations of the Letters of Interest, the Department will notify
the Design-Build Firms of the evaluation and its scoring. Design-Build Firms
providing written affirmation of its intent to proceed to the technical proposal
notification will be short-listed and be eligible to submit technical and price
proposals, as is described above; or
(b) The Department will determine the Short-list of Design-Build Firms.
'314)27%8-32837,3680-78)(()7-+2&9-0(*-617
For Adjusted Score Design-Build projects, unless prior approval is obtained
from the Chief Engineer to exclude Stipend payment, the Department intends to
contract directly with each shortlisted Design-Build Firm for preparation of a responsive
technical and price proposal in response to the Design-Build RFP.
All districts should use the referenced Design-Build Stipend Agreement, Form No.
700-011-14 between FDOT and the Design-Build Firm Where the Department intends
.
to reimburse Design-Build Firms for submitting a responsive proposal, the Department
must enter into the Design-Build Stipend Agreement, Form No. 700-011-14
(Contract TypeE9) directly with each shortlisted Design-Build Firm immediately after
short listing. The two non-selected shortlisted Design-Build Firms with the highest
Letter of Interest score submitting a responsive proposal will ultimately be
compensated. If two or more non-selected shortlisted Design-Build Firms have the
second highest Letter of Interest scores then the non-selected shortlisted Design-Build
Firm with the highest Letter of Interest score and the non-selected shortlisted Design-
Build Firms with the second highest Letter of Interest score will be compensated. An
agreement is required to document the terms and conditions of compensation. The
intent is to compensate the amount that is noted in the RFP package. The amount is
not intended to compensate the Design-Build Firms for the total cost of preparing the
bid package
.
Each district should create sequences under the phase 32. Each sequence will be
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programmed for the agreement amount. The funds should be encumbered under each
of the sequences. This is due to the fact that the Department has a contract with each
non-selected short-listed Design-Build Firm. Therefore, all have to be programmed and
encumbered prior to execution. The agreements will be executed with all short-listed
Design-Build Firms. The two non-selected short-listed Design-Build Firms with the
highest Letter of Interest score are to submit an invoice for payment of services on a
Lump Sum basis after the selection/award process is complete. If two or more non-
selected short-listed Design-Build Firms have the second highest Letter of Interest
scores then the non-selected short-listed Design-Build Firm with the highest Letter of
Interest score and the non-selected short-listed Design-Build Firms with the second
highest Letter of Interest score are to submit an invoice for payment of services on a
Lump Sum basis after the selection/award process is complete. The invoice should
proposals in response to the Departm
is intended to be on a pass/fail basis (i.e., responsive or non-responsive). If a proposal
is deemed to be non-responsive, then no compensation shall be made.
+9-()0-2)7*36)78-1%8-2+463437%0'314)27%8-32%139287*36
()7-+2&9-0(463.)'87
Estimated Contract Value Stipend Amount
(ECV)
First $5M $25,000
Next $15M 0.0035 x ECV
Next $30M 0.0025 x ECV
Next $200M 0.0020 x ECV
> $250M 0.0018 x ECV
)<%140) - A $4M project would have a stipend amount of $25,000.
)<%140) - A $12M project would have a stipend amount of $49,500 [(First $5M =
$25,000) + (Next $7M * 0.0035 = $24,500)].
)<%140) - An $85M project would have a stipend amount of $222,500 [(First $5M =
$25,000) + (Next $15M * 0.0035 = $52,500) + (Next $30M * 0.0025 = $75,000) = (Next
$35M * 0.0020 = $70,000)].
)<%140) - A $175M project would have a stipend amount of $402,500 [(First $5M =
$25,000) + (Next $15M * 0.0035 = $52,500) + (Next $30M * 0.0025 = $75,000) + (Next
$125M * 0.0020 = $250,000)].
)<%140) - A $225M project would have a stipend amount of $502,500 [(First $5M =
$25,000) + (Next $15M * 0.0035 = $52,500) + (Next $30M * 0.0025 = $75,000) + (Next
$175M * 0.0020 = $350,000)].
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)<%140) - A $475M project would have a stipend amount of $957,500 [(First $5M =
$25,000) + (Next $15M * 0.0035 = $52,500) + (Next $30M * 0.0025 = $75,000) + (Next
$200M * 0.0020 = $400,000) + (Next $225M * 0.0018 = $405,000)].
The amount of the stipend compensation will be based upon the estimated
proposal development costs and the degree of engineering design required during the
procurement process. The actual compensation in the above examples could vary
based on the nature of the work, complexity of the Design-Build project, technical
expertise required, and the value of the work product to the Department. This decision
will be at the discretion of the contracting District or Central Office. The amount and
conditions of the compensation
Federal funds may be used to compensate the short-listed Design-Build Firms.
46)4%6%8-323*6)59)78*36463437%07
6*4
If the project is subject to FHWA oversight, the RFP shall be submitted to and approved
by FHWA prior to authorization and release of the RFP to the short-listed Design-Build
Firms.
4VSNIGX8MQI7GLIHYPI
All RFPs shall state a time period in which the services and/or products are to be
delivered. Time of performance requirements in the RFP are best stated in elapsed
consecutive calendar days from the date identified in the notice-to-proceed. In this
way, changes in the schedule to solicit, receive, evaluate, and select an award can
be changed without affecting the project schedule. In those instances where the
completion date is critical, the RFP must include a "but-not-later-than" qualifier in
the project schedule. An outline of the selection schedule should be included in the
RFP. The Department's selection schedule is the schedule of the entire selection
process and should include all activities from initial advertisement to notice to
proceed. The schedule should be stated in specific calendar dates and it should
identify the time allotted for the preparation of design-build technical proposals.
The Design-Build Firm's project schedule should depict at what stage
in the design-build process the Design-Build Firm intends to build each
element/phase of the project. The Design-Build Firm's project schedule shall be
developed using critical path method (CPM) techniques (or other appropriate
scheduling techniques based on the type of project) and specify the time frame for
interim events. These events may include submittal requirements of the Design-
Build Firm, such as design development drawings or construction documents.
They may also include requirements of the Department directly or through a third
party, e.g., site availability, completion of an environmental report/permits or the
delivery of Department-furnished equipment or materials.
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The interim deadline requirements should be stated in elapsed days
and may be an obligation of the Design-Build Firm or Department. The obligation
of the Department to complete specific submittal reviews (if required) within a
specified time period may also be included in the project schedule.
The RFP should identify the timeframes for Department review of
required submittals.
It may be appropriate to allow certain construction activities (such as
geotechnical investigations and clearing and grubbing) during this plans
preparation period. Specifics should be included in the RFP.
4E]SYX7GLIHYPI
The RFP must address the invoicing and payment process including a payout
schedule. The payout schedule should be based on major, well-defined tasks
related to the Design-Build Firm's CPM (or other appropriate) schedule. The
payout schedule should also include provisions for tracking MBE/DBE
participation. Generally, the details of the payout schedule are to be developed
between the selected Design-Build Firm and the Department after the project is
awarded. Examples of payout schedules are based on monthly or percentage of
completion of work schedules. For FCO building projects, the schedule of values
will be used as a payout schedule.
8IGLRMGEP4VSTSWEP
The RFP shall include well-defined technical proposal requirements. This should
include detailed instructions regarding the content and format. A technical proposal
shall include the information requested in response to the RFP.
4VMGI4VSTSWEP
The RFP shall include well-defined price proposal requirements. Design-build
projects are bid lump sum and are paid through a payout schedule based on major
work items or tasks. A price proposal shall include one lump sum for all costs of the
Design-Build Project as defined by the RFP requirements.The Design-Build Firm's
price proposal shall include the lump sum price as well as the standard bid blank
forms. The Department shall determine whether to either make progress payments
based on: a) work accomplished during a specified period of time (i.e., monthly), b)
specific tasks completed, c) or both.
4EVXRIVW8IEQMRK%VVERKIQIRX
Partners/Teaming Arrangements of the Design-Build Firm (i.e., contractor or
designer or right of way consultant, if applicable) cannot be changed after submittal
of the Letters of Interest on ASDB projects without written consent of the Chief
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Engineer. Failure to receive approval on such a change will result in the proposal
being declared non-responsive.
1&)(&)6IUYMVIQIRXW
The advertisement and RFP shall address the Department's commitment to diversity
in contracting. Utilization of disadvantaged and minority-owned businesses is
encouraged by the Department.
8IGLRMGEP4VSTSWEP)ZEPYEXMSR'VMXIVME
The RFP shall include the evaluation criteria and point system to be used by the
Proposal Evaluators to evaluate technical proposals on adjusted score design-
build projects. The criteria shall be established by the Proposal Evaluators to meet
the specific needs of a particular project.
-RWYVERGI4VSJIWWMSREP0MEFMPMX]ERH'SRXVEGX&SRHMRK
Insurance: The RFP must include current Standard Specifications regarding
Insurance.
Professional Liability: The RFP shall stipulate the amount of professional liability
insurance required and term (the length of time) of coverage.
Contract Bonding: The RFP must require applicants to be capable of providing a
performance and payment bond in the full amount of their total design-build contract
(see Design-Build Contract Bond, Form No. 327-020-14).
4YFPMG-RZSPZIQIRX
Since public involvement is an important aspect of the project development (design)
process, it is imperative that the PM, working with the appropriate District staff,
defines in the RFP the level of coordination/involvement required for a particular
project. Public involvement includes communicating to all interested persons,
groups, stakeholders, and government organizations information regarding the
development of the project.
46)463437%01))8-2+*367,3680-78)(()7-+2&9-0(
*-617
A pre-proposal meeting may be held in order to discuss the project in detail.
A pre-proposal meeting should take place shortly after the determination of short-listed
Design-Build Firms. Affected Utility Agency/Owners shall be invited to the pre-proposal
meeting. This meeting is considered a public meeting and shall be conducted
accordingly.
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The purpose of this meeting is to provide a forum for all concerned parties to
discuss the proposed project schedule, method of compensation, instructions for
submitting proposals, and other relevant issues. Since the RFP is the working
document on which a pre-proposal meeting is based, the short-listed Design-Build
Firms should be furnished a copy of the final RFP one week before the pre-proposal
meeting. The RFP will establish an information cutoff date, which should be less than
seven calendar days prior to the proposal submittal deadline. No questions should be
answered relating to the project objectives after the information cutoff date. The
Design-Build Firms should be instructed to direct all questions to the Departments Pre-
Bid Question and Answer website.
The project file will document all communications with any Design-Build Firm
regarding the project by the Contracting Unit or the Project Manager.
At the conclusion of the meeting or when it becomes apparent that further
changes regarding RFP will be required, the Project Manager will update the criteria as
necessary. The updated criteria should be made available to each of the Proposal
Evaluators prior to the evaluation of the technical proposals. Also, should changes to
the RFP be made, the short-listed Design-Build Firms should be provided the updated
RFP via a contract addendum. All contract addendum shall be submitted to the State
Construction Office for review and approval prior to being provided to the short-listed
Design-Build Firms.
%08)62%8-:)8)',2-'%0'32')487
For Adjusted Score Design-Build projects the Department shall allow the short-listed
Design-Build Firms to use the Alternative Technical Concept process.
%PXIVREXMZI8IGLRMGEP'SRGITX
%8'
4VSTSWEPW
The ATC process allows innovation, flexibility, time and cost savings on the design and
construction of Design-Build Projects while providing the best value for the public. Any
deviation from the RFP for which the Design-Build Firms seek to obtain approval prior to
technical proposal submission is, by definition, an ATC. The proposed ATC shall
provide an approach that is equal to or better than the requirements of the RFP, as
determined by the Department. ATC Proposals which reduce scope, quality,
performance, or reliability should not be proposed. A proposed concept does not meet
the definition of an ATC if the concept is contemplated by the RFP.
The Department will keep all ATC submissions confidential prior to the Final Selection
of the Design-Build Firm to the fullest extent allowed by law, with few exceptions. In
those instances when the Department will issue an Addendum for an approved ATC
Proposal, the Department will endeavor to maintain confidentiality of the Design-Build
issuance of an Addendum, the Design-Build Firm will be given the option to withdraw
previously submitted ATC Proposals.
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Certain requirements described by the RFP may be modified by the Design-Build Firm
provided they are presented in the One-on-One ATC discussion meeting and submitted
to the Department for review and approval through the ATC process described herein.
The RFP will include a list of these requirements. The Department may deem a
Proposal Non-Responsive should the Design-Build Firm include but fail to present and
obtain Department approval of the proposed alternates through the ATC process.
If the ATC will result in changes to design standards or criteria, require Design
Exceptions or require Design Variations, the changes will need to be approved in
procedures prior to responding to the Design-Build
Firm.Approval of a Design Exception or Design Variation will result in an Addendum to
the RFP.
The project file will document all communications with any Design-Build Firm.
The Department reserves the right to disclose to all Design-Build Firms, via an
Addendum to the RFP, any errors of the RFP that are identified during the One-on-One
ATC meetings, except to the extent that the Department determines, in its sole
discretion, such disclosure would reveal confidential or proprietary information of the
ATC.
Department at its discretion and the Department reserves
the right to reject any ATC submitted. The Department reserves the right to issue an
Addendum to the RFP based upon a previously denied ATC Proposal, without regard to
the confidentiality of the denied ATC Proposal.
The schedule for ATC submittals and reviews will need to be coordinated with and
identified in the Schedule of Events of the RFP.
3RISR3RI%8'4VSTSWEP(MWGYWWMSR1IIXMRKW
One-on-One ATC discussion meetings may be held in order for the Design-Build Firm to
describe proposed changes to supplied basic configurations, Project scope, design
criteria, and/or construction criteria. Each Design-Build Firm with proposed changes
may request a One-on-One ATC discussion meeting to describe the proposed changes.
The Design-Build Firm shall provide, by the deadline shown in the Schedule of Events
of the RFP, a preliminary list of ATC proposals to be reviewed and discussed during the
One-on-One ATC discussion meetings. This list may not be inc
discussed but it should be sufficiently comprehensive to allow the Department to identify
appropriate personnel to participate in the One-on-One ATC discussion meetings. The
purpose of the One-on-One ATC discussion meeting is to discuss the ATC proposals,
answer questions that the Department may have related to the ATC proposal, review
other relevant information and when possible establish whether the proposal meets the
definition of an ATC thereby requiring the submittal of a formal ATC submittal. The
meeting should be between representatives of the Design-Build Firm and/or the Design-
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Build Engineer of Record and District/Central Office staff (including Proposal
Evaluators) as needed to provide feedback on the ATC proposal. Immediately prior to
the conclusion of the One-on-One ATC discussion meeting, the Department will advise
the Design-Build Firm as to the following related to the ATC proposals which were
discussed:
The Proposal meets the criteria established herein as a qualifying ATC Proposal;
therefore an ATC Proposal submission IS required, or
The Proposal does not meet the criteria established herein as a qualifying ATC
proposal since the Proposal is already allowed or contemplated by the original RFP;
therefore an ATC Proposal submission is NOT required.
7YFQMXXEPSJ%8'4VSTSWEPW
All ATC submittals must be in writing and may be submitted at any time during the
procurement but shall be submitted prior to the deadline shown in the Schedule of
Events of the RFP.
All ATC submittals shall be sequentially numbered and include the following information
and discussions:
a) Description: A description and conceptual drawings of the configuration
of the ATC or other appropriate descriptive information, including, if
appropriate, product details and a traffic operational analysis;
b) Usage: The locations where and an explanation of how the ATC would
be used on the project;
c) Deviations: References to requirements of the RFP which are
inconsistent with the proposed ATC, an explanation of the nature of the
deviations from the requirements and a request for approval of such
deviations along with suggested changes to the requirements of the RFP
which would allow the alternative proposal as applicable;;
d) Analysis: An analysis justifying use of the ATC and why the deviation, if
any, from the requirements of the RFP should be allowed;
e) Impacts: A preliminary analysis of potential impacts on vehicular traffic
(both during and after construction), environmental impacts, community
impacts, safety, and life-cycle Project and infrastructure costs, including
impacts on the cost of repair, maintenance, and operation;
f) Risks: A description of added risks to the Department or third parties
associated with implementation of the ATC;
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g) Quality: A description of how the ATC is equal or better in quality and
performance than the requirements of the RFP; and
h) Operations: A description of any changes in operation requirements
associated with the ATC, including ease of operations;
i) Maintenance: A description of any changes in maintenance
requirements associated with the ATC, including ease of maintenance;
j) *Handback: A description of any changes in Handback Requirements
associated with the ATC;
k) Anticipated Life: A description of any changes in the anticipated life of
the item comprising the ATC;
l) *Project Revenue: A preliminary analysis of potential impacts on Project
Revenue;
m) *Payments: A preliminary analysis of potential impacts on the Upfront
Concession Payment and Annual Lease Payment
* These submittal requirements will be needed for Public Private Partnership
(PPP) projects only.
6IZMI[ERH%TTVSZEPSJ%8'7YFQMXXEPW
After receipt of the ATC submittal, the District Design Engineer (DDE), or designee, will
communicate with the appropriate staff (i.e. District Structures Engineer, District
Construction Engineer, District Maintenance Engineer, State Structures Engineer, State
Roadway Design Engineer, FHWA, as applicable) as necessary, and respond to the
Design-Build Firm in writing as to whether the ATC is acceptable, not acceptable, or
requires additional information within fourteen (14) calendar days of receipt of the ATC
submittal. The review should be completed within fourteen (14) calendar days of the
receipt of the ATC submittal. If the review will require additional time, the Design-Build
Firm should be notified in advance with an estimated timeframe for completion of the
Departments review of the ATC proposal. If the DDE, or designee, determines that
more information is required for the review of an ATC proposal, questions should be
prepared by the DDE, or designee, to request and receive responses from the Design-
Build Firm.
-RGSVTSVEXMSRMRXSXLI8IGLRMGEP4VSTSWEP
The Design-
in the technical p
technical proposal must be clearly
identified in the technical proposal Plans and/or Roll Plots. The technical proposal shall
also include a listing of the incorporated, approved ATCs.
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463437%0779&1-88)(&=7,3680-78)(()7-+2&9-0(
*-617
The Department shall submit a final RFP to all short-listed Design-Build Firms
submitting Letters of Interest. As part of phase II of the procurement process, Design-
Build Firms will be required to develop and submit proposals. Proposals will be
segmented into two parts: technical proposals and price proposals. Technical and price
proposals will be received by the date, time and appropriate office, as noted in the
announcement. Technical and price proposals shall be submitted in separate packages
(with the price proposal sealed) and appropriately labeled. Price proposals shall include
all standard bid package forms (i.e., Bid Bond, DBE Utilization Summary Form, etc.
See Forms, Section 8 for details). The Department may continue with phase II of the
procurement process if at least two proposals are received. The office receiving the
proposals will send the technical proposals to the Proposal Evaluators and, if
submitted with the technical proposal, will hold the sealed price proposals until the
public opening of the Price Proposals. The Technical Review Committee shall have no
access to the Price Proposals prior to the public opening of the Price Proposals.
8IGLRMGEP4VSTSWEPW
A technical proposal shall include information requested in response to the RFP. The
package shall indicate that it is the technical proposal and shall identify the Design-Build
4VMGI4VSTSWEP
Price proposals shall include one lump sum cost for all design and construction of the
proposed project. The package shall indicate that it is the price proposal and shall
identify the Design-Build Firm's name, project description, and any other information
required.
463437%0):%09%83676):-);463437%07
8IGLRMGEP4VSTSWEP4EKIXYVR1IIXMRK
The Department will meet with each Design-Build Firm, formally for thirty (30) minutes,
for a technical proposal page-turn meeting following submittal of the technical
proposal. FHWA will be invited on federally funded oversight Projects. The purpose of
the technical proposal page-turn meeting is for the Design-Build Firm to guide the
Technical Review Committee through the technical proposal, highlighting sections
within the technical proposal that the Design-Build Firm wishes to emphasize. The
technical proposal page-turn meeting will occur between the date the technical proposal
is due and the question and answer session occurs, per the schedule of events section
of this RFP. The Department will terminate the technical proposal page-turn meeting
promptly at the end of the allotted time. The Department will record all or part of the
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page-turn meeting. All recordings will become part of the Contract Documents. The
technical proposal page-turn meeting will not constitute discussions or negotiations. The
Design-Build Firm will not be permitted to ask questions of the Technical Review
Committee during the technical proposal page-turn meeting. An unmodified aerial or
map of the project limits provided by the Design-Build Firm is acceptable for reference
during the technical proposal page-turn meeting. The unmodified aerial or map may not
be left with the Department upon conclusion of the technical proposal page turn
meeting. Use of other visual aids, electronic presentations, handouts, etc., during the
technical proposal page turn meeting is expressly prohibited. Upon conclusion of the
thirty (30) minutes, the Technical Review Committee is allowed five (5) minutes to ask
questions pertaining to information highlighted by Design-Build Firm. Participation in
the technical proposal page-turn meeting by the Design-Build Firm shall be limited to
eight (8) representatives from the Design-Build Firm. Design-Build Firms desiring to opt
out of the technical proposal page-turn meeting may do so by submitting a request to
the Department.
5YIWXMSRERH%RW[IV7IWWMSR
The Department may meet with each Design-Build Firm, formally, for a question and
answer (Q&A) session. FHWA shall be invited on federally funded oversight projects.
The purpose of the Q & A session is for the Department to seek clarification and ask
questions, as it relates to the technical proposal. The Department may terminate the
Q&A session promptly at the end of the allotted time. The Department shall record all or
part of the Q&A session. All recordings will become part of the Contract Documents.
The QDesign-Build Firms
will not be permitted to ask questions of the Department except to ask the meaning of a
clarification question posed by the Department. No supplemental materials, handouts,
etc. will be allowed to be presented in the Q&A session. No additional time will be
allowed to research answers.
Within one (1) week of the Q & A session, the Design-Build Firm shall submit to the
Department a written clarification letter summarizing the answers provided during the
Q&A session. The questions, answers, and written clarification letter will become part of
the Contract Documents and will be considered by the Department as part of the
technical proposal. The Design-Build Firm shall not include information in the
clarification letter which was not discussed during the Q&A session. In the event the
Design-Build Firm includes additional information in the clarification letter which was not
discussed during the Q&A session and is not otherwise included in the technical
proposal, such additional information will not be considered by the Department during
the evaluation of the technical proposal.
The Department will provide some (not necessarily all) proposed questions to each
Design-Build Firm as it relates to their technical proposal approximately 24 hours before
the scheduled Q&A session.
The Proposal Evaluators will evaluate each Design-Build Firm's technical
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proposal based on the rating criteria provided in the Request for Proposal. As there are
many different disciplines involved with a Design-Build Project it is not reasonable to
expect one person to be familiar with all the disciplines involved with the design and
construction of a project. Therefore, non-voting technical advisors may be used for
needed expertise. The rating or technical evaluation process is extremely important and
should be accomplished as follows:
Each Proposal Evaluator is responsible for scoring the Design-Build Firms
technical proposal for each evaluation criteria. This may be accomplished by
soliciting Technical Advisors to assist in evaluating those areas outside of the
Proposal Evaluators area of expertise.
Proposal Evaluator meetings to discuss strengths and weaknesses of DesignBuild
Firms shall not be held. In lieu of Proposal Evaluator meetings, the District Contracting
Unit may schedule Technical Advisor Presentation meetings.
The Proposal Evaluators shall review the project documents to gain an appreciable
knowledge of the project prior to evaluating the technical proposals.
The Proposal Evaluators will then submit a final technical proposal score for
each Design-Build Firm to the Contracting Unit. In scoring the technical proposals, each
Proposal Evaluator shall provide written comments explaining the basis of their
scores.
The Contracting Unit shall notify all short-listed Design-Build Firms of the date,
time, and location of the public opening and announcement of technical proposal scores
and the opening of the sealed price proposals. The public meeting to announce
technical scores and open price proposals may be scheduledon the same date as the
due date for price proposals.
The Contracting Unit shall publicly open the technical proposal scores, announce
the scores by category, open the sealed price proposals and divide each Design-Build
Firm's price by the combined Letters of Interest score and technical proposal score to
obtain an adjusted score. The following example shows how the selection formula
would work:
Firm ELOI Score Technical Score Price Adjusted Score
A 20 70 $6.7 Million 74,444
B 18 62 $6.5 Million 81,250
C 19 51 $6.3 Million 90,000
:EPYISJ8MQI*EGXSVMRXLI8IGLRMGEP)ZEPYEXMSRJSV%7(&
The adjusted score may include a bid adjustment for the value of time. This
adjustment will be based on the Design-Build Firm's proposed number of days to
complete the project multiplied by a value per day established by the Department in the
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RFP (number of days times cost/day = price proposal adjustment [increase]).
The Department shall establish the cost/day value and include it in the RFP
package. The Design-Build Firm will determine the contract time necessary to perform
all design-build functions. This value added to the price proposal will constitute the
time-adjusted price. The following example is how this selection process would work
using $2,000/day:
ELOI Contract Time Value Time Adjusted Price
Tech Price Adjusted
Firm Score Time (Days x (Time Value + Price
Score Proposal Score
(Days) $/day) Proposal)
A 20 70 300 $600K $6.7 M $7.3 M 81,111
B 18 62 250 $500K $6.5 M $7.0 M 87,500
C 19 51 400 $800K $6.3 M $7.1 M 101,428
Under the adjusted score design-build bid, the time adjusted price would be
divided by the combined Letters of Interest score and technical proposal score to
determine the lowest adjusted score. In the above example, Design-Build Firm A would
be awarded the contract under this scenario.
On federally funded projects, if the value of time factor is used, an
incentive/disincentive or no excuse bonus clause shall also be included in the contract
with a dollar amount per day equal or greater than the value of time factor amount. The
incentive/disincentive will create a more balanced approach by helping to eliminate the
manipulation of proposed contract time.
7)0)'8-32'311-88))%;%6(7%7(&&-(
and the Design-Build Firms
price proposals will be submitted to the Project Selection Committee. The Project
and the
Design-Build Firms price proposal during a publically held meeting. If the Project
Selection Committee discovers a material error or omission in the evaluation(s) of one
or more Proposal Evaluators that is not resolved through questioning of the Proposal
Evaluators during the public meeting, the Project Selection Committee will return the
submissions to the Technical Review Committee for further evaluation and potential
corrections to the evaluations. Unless all proposals are rejected and upon the Project
acceptance of the Technical Review Committee,
the Project Selection Committee will award the contract to the qualified Design-Build
Firm with the best overall score. The Project Selection Committee will not award the
project and will reject all bids if it determines after reviewing all submissions that
pursuing the Design-Build Project will not be in the best interest of the public .At the
minimum, a quorum of the Proposal Evaluators shall be in attendance at the Selection
Committee Awards meeting. A Proposal Evaluator may attend the Selection
Committee Awards meeting by phone when travel or other circumstances prevent in-
person attendance. The Department will enter into a contract for the price proposed. In
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the advertisement and pertinent bid documents, the Department shall reserve the right
to reject all proposals and waive minor proposal irregularities.
The Department shall post the results and send notification of posting to each
Design-Build Firm submitting a proposal of the award of the project or rejection of all
proposals within thirty (30) days of final selection or determination to reject all
proposals.
The Contracting Unit shall provide justification for the selection, or upon
request by the non-selected Design-Build Firms, arrange a formal meeting to explain
and review technical scores to clarify the selection of the Design-Build Firm awarded the
contract.
After the bid opening date and following the defined protest period but prior to
Award of the contract, the Department may negotiate changes for the purpose of
clarifying the design criteria and work to be done, provided that the negotiated changes
do not affect the selection order.Negotiated changes should be accomplished prior to
the contract being awarded.
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7)'8-32
03;&-(()7-+2&9-0(
0&(&
463')77
The Low Bid Design-Build procurement process should be used on projects where the
RFP is concise, clearly defined, and innovation or alternatives are not being sought.
This might include bridge projects with a specified foundation type, span lengths, and
beam type. Use of LBDB requires review and approval of the Chief Engineer prior to
programming of the project. LBDB is generally limited to projects addressing safety
concerns or on those projects where conventional procurement methods will prohibit
commitment of project funding advancements. Resurfacing Design-Build projects are
restricted to the use of the LBDB process. Projects, which are awarded based on the
LBDB approach, will not utilize the Letters of Interest and short-listing process.
Projects with right of way services included in the Design-Build contract may not be bid
using the low bid process unless an exception is granted by the Chief Engineer.
463.)'8-()28-*-'%8-32
(same as for ASDB: Section 4.1)
():)0341)283*46)59%0-*-'%8-326)59-6)1)287
The Project Manager, with the assistance of a multi-disciplined team including the
Contracting Unit, will determine the pre-
standard technical qualification requirements apply to each entity providing professional
services (Rule Chapter 14-75, F.A.C.). Pre-qualification is required for contractors
performing specialty work, as described in FDOT Standard Specifications.
On Low Bid Design-Build projects, pre-qualification is required at the time the Bid
Proposals are due.
Pre-qualification requirements for the contractor and design consultant members of the
Design-Build Firm must be in accordance with the following (Rule Chapter 14-91,
F.A.C.)
1) Contractors submitting as a lead or prime with the Design-Build Firm must be
qualified in all advertised construction contractor work classes, in accordance with the
provisions of Rule Chapter 14-22, F.A.C. In this case, where the design consultant is
not the lead of the Design-Build Firm, the design consultant will be utilized to meet the
advertised Professional Services Work Type requirements, in accordance with
provisions of Rule Chapter 14-75, F.A.C. The design consultant may utilize
subconsultants to meet the advertised Professional Services Work Type requirements.
(2) Design consultants submitting as lead or prime with the Design-Build Firm may
utilize subcontractors to meet the advertised construction contractor work class
requirements, in accordance with the provisions of Rule Chapter 14-22, F.A.C. The
design consultant may utilize subconsultants to meet the advertised Professional
Services Work Type requirements, in accordance with provisions of Rule Chapter 14-
75, F.A.C.
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(3) When a joint venture party submits a technical and price proposal, one of the
contractor members of the joint venture party must be assigned to meet the advertised
construction contractor work class requirements, in accordance with the provisions of
Rule Chapter 14-22, F.A.C. In this case, the design consultant member of the Design-
Build Firm will be utilized to meet the advertised Professional Services Work Type
requirements, in accordance with provisions of Rule Chapter 14-75, F.A.C.
FCO building pre-qualification requirements for contractors includes the
following:
· Applicable Contractor License,
· State Corporate Charter Number, if Corporation, and
· Added requirements, if necessary for specialized needs.
():)0341)283*8,)6)59)78*36463437%0
(same as for
ASDB: Section 4.3)
In addition to the requirements in Section 4.3 the following applies to Low Bid
Resurfacing Projects:
1) The RFP shall include a topographic survey and pavement cross-sections, or
cross-slope and profile data at a minimum.
2) The RFP shall include pavement cores and traffic data in accordance with
standard FDOT procedures, at a minimum. Preferably a Pavement Design
Package or the minimum pavement design criteria.
3) The scope shall specifically detail any improvements other than resurfacing of
pavements. If existing structures violate clear zone, the scope shall note that the
violation needs to be remedied, or that an exception/variance will be granted.
4) If signal work is included, the scope shall identify if strain poles or mast arms are
required.
5) For all Low Bid Design-Build Resurfacing Projects, the RFP should include
survey and geotechnical information.
'3286%'8291&)6%77-+21)28
(same as for ASDB: Section 4.4)
)2'91&6%2')
(same as for ASDB: Section 4.5)
%(:)68-7)1)28
Central Office review and approval of the planned Advertisement and current
Advertisement shall be obtained prior to the District publicizing either Advertisement.
(10) days prior to the current Advertisement being publicized. A minimum of 60 days is
allowed from the date of advertisement to the receipt of a design-build proposal. The
actual length of time that the advertisement is publicized is at the discretion of the
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District. Advertisements will be publicized on the Internet website at
http://www2.dot.state.fl.us/procurement/ads/advdbld.htm. Additionally, the
Department may utilize other forms of communication, such as newspapers or
magazines, mail-outs, or television or radio to announce the project.
The advertisement will include, as a minimum, the name and description of the
project, the District and County location of the project, the major type(s) of work
required, any minor types of work that are required for the project (but not normally
associated with the major work), the estimated construction cost of the project (if
applicable), how and where Design-Build Firms can respond, any additional technical
qualifications desired, the criteria on which technical proposal will be evaluated, the time
frames for submitting technical proposals and price proposals, the number of copies to
be received, how respondents will be selected.
n schedule for
the prospective Design-Build Firms. The selection schedule should provide an outline of
specific calendar dates and identify the time allotted for the preparation of design-build
d bid solicitation
protest rights. Each project advertisement should be drafted to fit the unique needs of
that particular project.
The advertisement shall include date, time, and location of the opening of price
proposals.
If a pre-bid meeting is to be held, the announcement must also provide the date, time,
and location of the pre-bid meeting. Affected Utility Agency/Owners shall be invited to
the pre-bid meeting.
46)463437%01))8-2+*3603;&-(()7-+2&9-0(
A Pre-Proposal meeting may be held in order to discuss the project in detail.If a Pre-
Proposal meeting is to be held, the Advertisement shall also provide the date, time, and
location of the Pre-Proposal meeting. Any member of the proposing DesignBuild Firm
may attend the PreProposal meeting. This meeting may be waived if the complexity of
the project does not warrant such a meeting. Affected Utility Agency/Owners shall be
invited to the pre-proposal meeting.
6*4463:-()(83()7-+2&9-0(*-617
The RFP will be made available as part of the current advertisement. Design-Build
Firms must be pre-qualified before submitting LBDB proposals.
46)4%6%8-323*6)59)78*36463437%07
6*4
(same as
for ASDB: Section 4.11 except as shown below)
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Draft RFPs for LBDB Projects shall be submitted to the State Construction Office
Alternative Contracting Specialist for review. The Final RFP document should not be
posted with the current advertisement until approval is obtained from the State
Construction OfficeAlternative Contracting Specialist. For Category 2 bridge projects,
the State Structures DesignEngineer or designee should also review and approve the
RFP. Category 2 bridges are defined inthe Plans Preparation Manual, Volume I,
Topic No. 625000007, Section 26.3.2.
Approval of the RFP (and the federal authorization request) shall occur prior to
publicizing the current advertisement since the RFP is distributed to Design-Build Firms
during the current advertisement period.
463437%0779&1-88)(&=03;&-(()7-+2&9-0(*-617
Design-Build Firms will be asked to develop and submit proposals based on the RFP.
The Department may continue if at least two proposals are received. Proposals will be
segmented into two parts: technical proposals and price proposals. Technical proposals
and price proposals will be received by the date, time and appropriate office, as noted in
the announcement. Technical proposals and price proposals shall be submitted in
separate packages (with the price proposal sealed) and appropriately labeled. Price
proposals shall include all standard bid package forms (i.e., Bid Bond, DBE Utilization
Summary Form, etc. See Forms, Section 8 for details.) The office receiving the
proposals will send the technical proposals to the Proposal Evaluators.
8IGLRMGEP4VSTSWEPW
A technical proposal shall include the information requested in response to the RFP.
The package shall indicate that it is the technical proposal and shall identify the
Design-Build
4VMGI4VSTSWEP
Price proposals shall include one lump sum cost for all design and construction of
the proposed project. The package shall indicate that it is the price proposal and
shall identify the Design-Build Firm's name, project description, and any other
information required.
&-(34)2-2+*3603;&-(()7-+2&9-0(
Under the LBDB process, the appropriate District or Central Office will publicly open the
price proposals on the day, time, and location noted in the advertisement, and send the
Proposal Evaluators the technical proposals.
%77-+21)283*463437%0):%09%8367
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The Project Manager, District Construction Engineer, District Design Engineer, or their
designees, and others as agreed upon by the preceding identified members, or as
appointed by the District Secretary or his or her representative shall serve as Proposal
Evaluators. There shall be a minimum of three Proposal Evaluators on each
Technical Review Committee.
For projects which include Contractor prequalification requirements of Minor Bridge, the
District Structures Design Engineer, or their designee shall serve as a Proposal
Evaluator. For projects which include Contractor prequalification requirements of Major
Bridge, the State Structures Design Engineer, or their designee shall serve as a
Proposal Evaluator.
For rail corridor projects, the Public Transportation Manager, or District Rail Corridor
Manager, and the State Rail Office or their designee shall serve as a Proposal
Evaluator.
For building projects requiring major renovations, additions, or new facilities, which are
intended for general public access, an architect (District, Central Office, or General
Consultant), as well as appropriate Directors, or designees, based on the nature of the
work requested, the complexity of the project, and the availability of personnel for a
timely selection shall serve as Proposal Evaluators. For FCO buildings the District/
Central Office FCO Coordinator, or their designee shall serve as a Proposal Evaluator.
Proposal Evaluators Proposal Evaluator training
which can be accessed from the Office of Construction intranet website.
Consultants may not serve as Proposal Evaluators.
Participation by employees of other Florida governmental entities as a Proposal
Evaluator is acceptable, as long as the Department participants represent a majority of
the Technical Review Committee.
Private citizens and members of special interest groups are not allowed to serve as
Proposal Evaluators.
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Proposal Evaluators assigned to the Technical Review Committee must have sufficient
experience in at least one of the engineering disciplines required by the project.
Assignment of Proposal Evaluators to the Technical Review Committee for a specific
project requires approval of the District Director of Transportation Operations and the
District Director of Transportation Development. The Department reserves the discretion
to substitute Proposal Evaluators as necessary throughout the procurement process.
Substitutions shall be submitted to the District Director of Transportation Operations and
the District Director of Transportation Development for review and approval.
All Department staff serving as Proposal Evaluators must sign the Conflict of Interest
Certification Form, Form No. 37503050, for each procurement. Employees of other
Florida governmental entities serving as a Proposal Evaluator shall sign the Conflict of
Interest Form for Public Officers/Employees, Form No. 37503050, for each
procurement. The Contracting Unit representative shall complete the Conflict of
Interest Form for Public Officers/Employees, Form No. 37503050, for each
procurement.
8,)463437%0):%09%83676):-);6)74327-:)2)773*
463437%07
The Contracting Unit will evaluate the pre-qualifications of the construction
contractor(s) and design consultant members of the Design-Build Firm, and the capacity
of the construction contractors who are members of the Design-Build Firm. Pre-
qualifications and capacity are to be assessed by the Contracting Unit. Prior to making a
determination that any Design-Build Firm is non-responsive on the basis of
prequalification or capacity, the Contracting Unit shall contact the Prequalification
Specialist of the State Construction Office.
The Proposal Evaluators shall review the design concepts and preliminary
designs of the lowest bidder in order to assess the responsiveness of the lowest
bidder's technical proposal compared to the Design and Construction Criteria Package.
In the event the lowest bidder's technical proposal is found to be non-
responsive, the Proposal Evaluators will then review the next lowest bidder's technical
proposal to determine its responsiveness. On all federally funded projects, FHWA
concurrence must be obtained prior
proposal. A Bid Proposal is considered non-responsive if it does not contain the
required information and level of detail, or is non-compliant with the design and
construction criteria defined in the RFP. Prior to the department declaring the Design-
Build Firm non-responsive, it may be appropriate for the Department to contact the
Design-Build Firm to discuss/clarify its concerns before moving on to the next lowest
bidder. However, once determined that the low bidder is non-responsive, the process
will continue until the lowest bidder having a responsive proposal is found.
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The Contracting Unit will then notify the Selection Committee of the lowest
bidder having a responsive technical proposal.
:EPYISJ8MQI*EGXSVJSV0S[&MH(IWMKR&YMPH
LBDB may include a bid adjustment for the value of time. This adjustment will be based
on the Design-Build Firm's proposed number of days to complete the project multiplied
by a value per day established by the Department in the RFP (number of days times
cost/day = price proposal adjustment [increase]).
The Department shall establish the cost/day value and include it in the RFP
package. The Design-Build Firm will determine the contract time necessary to perform
all design-build functions. This value added to the price proposal will constitute the time-
adjusted price. Below is an example of how this selection process would work using
$2,000/day:
Contract Time Time Value Price Time Adjusted Price
Firm
(Days) (Days x $/day) Proposal (Time Value + Price Proposal)
A 300 $600K $6.7 M $7.3 M
B 250 $500K $6.5 M $7.0 M
C 400 $800K $6.3 M $7.1 M
In the example, under LBDB, Design-Build Firm B would be awarded the
contract based on the lowest time-adjusted price, if the proposal was deemed
responsive by the Proposal Evaluators.
If the value of time factor is used, an incentive/disincentive or no excuse
bonus clause shall also be included in the contract with a dollar amount per day equal to
the value of the time factor amount. The incentive/disincentive will create a more
balanced approach by helping to eliminate the manipulation of proposed contract time.
7)0)'8-32'311-88))%;%6(7()7-+2&9-0(*-61;-8,
8,)03;)786)74327-:)&-(
Unless all proposals are rejected, the Selection Committee will approve an
award to the Design-Build Firm with the lowest bid that has a responsive technical
proposal. The Department will enter into a contract for the price proposed. In the
advertisement and pertinent bid documents, the Department shall reserve the right to
reject all proposals and waive minor proposal irregularities.
The Department shall post the results. Any negotiations to clarify the design
criteria and work to be performed must confirm to the material requirements of the RFP,
and shall not affect the bid price. Negotiated changes should be accomplished prior to
the contract being awarded.
4%682)678)%1-2+%66%2+)1)28
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Partners/Teaming Arrangements of the Design-Build Firms for LBDB projects
cannot be changed after submittal of proposals without written consent of the Chief
Engineer. Changes in DesignBuild Firm key staff members after submittal of the
proposal must be approved by the Department.
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7)'8-32
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()7-+27)6:-')76)59-6)1)287
The design requirements (criteria) are essential to ensure that the project is constructed
to meet the needs as determined by the Department. The following guidance is
provided as to various design requirements that should be in the RFP for each project
type:
Bridge project requirements may include but are not limited to alignment,
prescribed typical section elements, design criteria, design guidelines,
aesthetic requirements, project schedule, standard detail drawings,
subsurface soil data, minimum vertical and horizontal clearance
requirements, load rating, hydraulics, scour predictions, ship impact,
roadway approach needs, and maintenance.
The Traffic Control Plan specifying Maintenance of Traffic (MOT)
requirements, such as the number of lanes to be maintained and the lane
closure times, should be noted as well.
Building project requirements may include but are not limited to building
size, net and gross interior space provisions, building systems, material
quality standards, allowed budget amount, project schedule, site
development requirements, aesthetic requirements, landscaping, domestic
water requirements, sanitary sewage requirements, storm water disposal,
parking provisions, ADA requirements, regulatory, environmental and
permitting requirements, and maintenance.
Rail corridor project requirements may include but are not limited to the
track master plans which specify the track configuration (number of tracks
and horizontal and vertical alignments) required to support both current
and anticipated future rail operations for each operating rail corridor, rail
design criteria, signal and communications criteria, minimum horizontal
and vertical clearance requirements (tracks, sidetracks, bridges and
building), standard detail drawings, air rights, wire line agreements, right of
way, available geotechnical data, structural requirements to minimize
harmonic motion and allow high speed operation, special car design
requirements, safety requirements, and maintenance. Rail projects that
have Federal Transit Authority (FTA) oversight must submit a
management plan.
Roadway project requirements may include but are not limited to
alignment, project limits, prescribed typical section elements, design
controls and criteria, controlling roadway and traffic design standards,
traffic signal, project schedule, drainage, pavement design, signing and
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pavement marking, traffic control plan design, traffic control plan, bicycle
and pedestrian designs, including ADA requirements, lighting,
landscaping, controlling access management standards, and
maintenance.
Traffic systems project requirements may include but are not limited to
Intelligent Transportation Systems (ITS) elements involving location of
field infrastructure, location of central control center, communication plant,
software requirements for traffic management software and operating
software, traffic control plan, and maintenance. The RFP shall address
design, procurement, installation, integration testing and warranty.
'327869'8-327)6:-')76)59-6)1)287
The criteria shall reference applicable Department requirements, as deemed
appropriate by the PM. In addition, it may be necessary to reference local or state
building codes, national standards, or other specification requirements pertinent to the
specific project.
Also, the PM should consider whether there are any particular construction
processes or techniques that need to be specified in order to satisfactorily construct the
project. (For example: top-down bridge construction to lessen the environmental
impacts.) As a general rule, it is better to describe unique social, environmental, and
community values desired and let the Design-Build Firm select the construction
method/technique.
4)61-87
The Department must determine who will be responsible for permits and how the
coordination process will be handled. (FHWA holds FDOT responsible for all permits on
Federal Aid Projects.) The RFP will state when the Design-Build Firm is to be
responsible for identifying and obtaining required permits. Any permits requiring
additional permanent right of way easements must comply with Right of Way
Procedures Manual, Topic No. 575-000-000. When the RFP identifies that the Design-
Build Firm is responsible for obtaining permits, the PM should invite potentially impacted
Permitting Agencies to attend the mandatory pre-proposal meeting. Following the
mandatory pre-proposal meeting, the Department should establish meeting schedules
between each affected Permitting Agency and each short-listed Design-Build Firm. The
District Permits Engineer is responsible for facilitating these meetings and for facilitating
meetings with Permitting Agencies reluctant to coordinate with each short-listed Design-
Build Firm. The District Permits Engineer and PM may also add language to the RFP
that would require the Design-Build Firm be responsible for facilitating these meetings
and coordinating with affected Permitting Agencies.
Bridge projects often require an easement from the Trustees of the Internal
Improvement Trust Fund (TIITF) for use of sovereign submerged lands. This easement
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must be obtained in conjunction with the Environmental Resource Permit issued by
the State. When the Design-Build Firm is responsible for obtaining permits for the
project, the Design-Build Firm is required to obtain the TIITF easement where use of
sovereign submerged lands is necessary before physical construction. Although, the
facilitation of this process may be the responsibility of the Design-Build Firm, FDOT, as
holder of the submerged lands easement, must sign the Environmental Resource
Permit application. The RFP shall identify what permits/easements are required and
whom the Department contact will be, that must approve commitments made by the
Design-Build Firm on behalf of the Department as a result of obtaining permits.
Certain projects may require easements from the Trustees of the Internal
Improvement Fund (TIITF) for uplands. The contract must specify that the easement
must be obtained before any physical construction may commence. Because of the
complexity of the process, the Department must be responsible for obtaining the upland
easement; however the Design-Build Firm may be responsible for the coordinating
efforts between the various parties.
The Design-Build Firm cannot be responsible for making decisions involving
conditions and requirements placed on the granting of the easement that the
Department may or may not be able to accept.
The need for an easement from the Trustees of the Internal Improvement Trust
Fund is considered an administrative transfer between agencies of the State of Florida.
A permit requirement, which generates the need to obtain an easement other than an
administrative transfer between agencies of the State of Florida, would require the
services of a licensed real estate broker under the provisions of Chapter 475, F.S.
All known permit requirements, especially those affecting the Design-Build Firm's
construction options and costs, should be defined and supplied to the Design-Build
Firms prior to preparing technical proposals. Initial permit coordination meetings should
begin as the design package is developed. The Department needs to contact agencies
up front to find out what will not be permitted for the project. This does not alleviate the
Design-Build Firm's responsibility to acquire the necessary permits or to modify existing
project permits as necessary. Some examples of permitting issues/concerns are:
Dredging restrictions for construction access,
The extent of required removal below the mud line of the existing bridge,
Horizontal and vertical requirements for the main span,
Blasting restrictions or requirements for bridge removal,
Special turbidity control requirements,
Mitigation ratios and special requirements,
Other site specific permitting restrictions,
Local ordinances, including noise and hours of operation,
Building permits.
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()7-+240%27%2()2+-2))6-2+'%0'90%8-3276):-);
The RFP shall define any documentation (included but not limited to design plans, shop
drawings or engineering calculations) that is to be received by the Department. Under
Design-Build, these submittals are not for the Department's approval but rather for
verification of compliance with the RFP. The RFP shall also state any requirements for
packaging submittals and backup information that the Department may desire in order
to avoid fragmented submittals. The RFP should also define the shop drawing review
(routing) process.
98-0-8-)7
The Design-Build Firm shall be responsible for identifying the existence, features
and locations of any and all utilities within the limits of construction; for coordinating any
required utility relocations or adjustments necessary for satisfactory completion of the
Contract work; and for any and all work necessary to otherwise accommodate any and
all utilities within limits of construction during construction and upon satisfactory
completion of the work.
The Department will make available to the Design-Build Firm for inspection all
utility permits and utility relocation information upon written request; however, the
Department makes no representation as to the completeness or accuracy of such
information and the Design-Build Firm relies on the completeness or accuracy of such
information at its own risk.
The Department should gather initial Utility Agency/Owner (UA/O) contact
information and this information should be provided as part of the RFP. The
Department, in coordination with each UA/O, should perform sufficient advanced utility
coordination to identify the tentative project impacts to the existing utilities, identify
payment responsibilities associated with the potential utility design and relocation efforts
and identify those time-line impacts during construction that result from the tentative
utility relocation impacts which are expected by the project. Each affected UA/O should
provide documentation which describes the locations of existing facilities. The
Department should include this information as part of the concept plans attached to the
RFP. The Department shall provide to the Design-Build Firms a summary which
identifies the location of existing utility facilities, information related to whether those
facilities are allowed in Department Right of Way by Utility Permit and identify those
facilities which are related to a compensable property interest or other right for
reimbursement. All determinations related to compensable property interest or other
rights to reimbursement shall be coordinated
Counsel and State Utilities Office. When utility relocation is anticipated, a mandatory
pre-proposal meeting with the short-listed Design-Build Firms, followed by site visits
with the short-listed Design-Build Firm
be conducted. The PM and Contracting Unit should attend the mandatory pre-proposal
meeting and site visit. Following the mandatory pre-proposal meeting, the Department
should establish meeting schedules between each affected UA/O and each short-listed
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Design-Build Firm. The District Utility Engineer is responsible for facilitating these
meetings and facilitatishort-
listed Design-Build Firm. The schedule for these meetings shall be identified in the
Schedule of Events portion of the RFP.
To the extent that there is found, within the limits of construction, one or more
utilities that after reasonable pre-construction coordination and investigation by the
Design-Build Firm is found to be either materially mislocated vertically or horizontally,
materially different in features, existing when previously undisclosed, or if the UA/O
does not perform per the agreement entered into between the UA/) and the Design-
Build Firm, the Design-Build Firm may pursue recovery of actual damages against the
utility involved, up to and including the compensation formulas provided for in Section
4-3.2and Section 5-12 of the Division I specifications, and the Department will grant
the Design-Build Firm an assignment of rights the Department may have by permit or as
a property right as to the utility, expressly limited however to only those rights necessary
for the Design-Build Firm to pursue recovery of actual damages directly against the
utility, and as limited above.
The Utility Agency/Owner will be responsible for all relocation costs except when
prior
compensable interests exist.
Once the risks have been evaluated and the decision to have the project delivered
using Design-Build, the District is to ensure that workable highway concept plans with any
necessary conceptual utility work plans are included in the RFP.
The District will develop a highway concept plan from which Design-Build Firms
can develop technical proposals. The District is also tasked with continually evaluating
utility conflicts as the highway concept plans develop. The evaluation of utilities should
be based on the information, such as the following, to determine the need for utility work
and if the needed work is considered minor or major:
(a) Locate information, Red, Green, Brown (RGB) markups as available.
(b) Assessments of how the Utility has access to the R/W. Such as by permit,
easement, subordination, encroachment agreement, master agreement, or other
instruments.
(c) Assessments of amount of minor utility work needed. Minor utility work is work so
minimal in cost and complexity that it does not warrant developing conceptual utility
work plans.
(d) Assessments of amount of major utility work needed. Major utility work is work
where costs are not minimal, or the complexity may warrant developing conceptual
utility work plans.
(e) Legal opinions as to whether or not the utility work will be at
expense.
(f) Assessments of potential utility betterment that the Department may agree to have
taken place during the project.
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Assessments of potential utility work to be done by the Design-Build Firm.
;ŐͿ
98-0-8=;36/8=4)7
For the development of the RFP, District Utilities Office (DUO) is to identify and obtain the
required documentation for all utilities within the project using the following utility work
types:
Existing utility - Department not participating in utility work.
Design-Build Firm performing minor utility work (manhole adjustments etc.)
Design-Build Firm performing non-reimbursable utility work
Design-Build Firm performing reimbursable utility work w/cost sharing
Utility owner performing non-reimbursable utility work
Utility owner performing reimbursable utility work
Utility owner performing reimbursable utility work w/cost sharing
As the required documentation is being developed a variety of definable and conceptual
utility work will be encountered. For this guidance, definable utility work is utility work so
well defined that the Department can either: a) enter a utility work agreement with the
UA/O for the UA/O to perform the utility work within a set timeframe or, b) enter a Utility
Work by Highway Contractor agreement with the UA/O. Conceptual utility work is work
defined as utility work that is not definable. The required documentation for each type
both definable and conceptual are described in the following sections.
)\MWXMRKYXMPMX]
(ITEVXQIRXRSXTEVXMGMTEXMRKMRYXMPMX][SVO
The Department may choose not to participate in the relocation cost for certain
utilities regardless of the utilities eligibility for reimbursement. When the
Department chooses to designate these as such, the project must be evaluated to
ensure that the project can be completed without the need for utility work. These
UA/Os will be listed in Table B (see 6.5.9) and, the green line markup will be
included in the RFP as an Attachment. The RFP will instruct Design-Build Firms
that for these utilities the Department will not participate in the relocation of these
facilities. No Phase 52 nor Phase 56 funds will be programmed nor encumbered
during the project for these utilities. The Design-Build Firm may propose to have
utility work done on these facilities. However, the Department
permits is required, but not guaranteed and the Design-Build Firm must create and
obtain their own utility work agreements and utility work schedules. The
Department will not be party to these utility work agreements nor pay the UA/O or
the Design-Build Firm for the utility work regardless of the UA/
reimbursement. Any payment for this work is the sole responsibility of the Design-
Build Firm.
(IWMKR&YMPH*MVQTIVJSVQMRKQMRSV[SVO
QERLSPI
EHNYWXQIRXWIXG
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Minor utility work is work so minimal in cost and complexity that it does not warrant
preliminary engineering. These UA/Os will be listed in Table B(see 6.5. 9). This
work will be listed in the Summary of Utility Work and Phase 52 will be programmed
for this minor work. The documents detailing the estimated amount of work are to
be included in an attachment to the RFP and the Design-Build Firm is to provide a
bid for this utility work. The Department will not be party to these utility work
agreements nor pay the UA/O for the utility work regardless of the UA/
for reimbursement. If any existing utility is significantly realigned horizontally or
vertically, the Design-Build Firm must process Department utility permits to be
signed by the UA/O.
(IWMKR&YMPH*MVQTIVJSVQMRKRSRVIMQFYVWEFPIYXMPMX][SVO
Only definable utility work can be used for this utility work type. These UA/Os will
be listed in Table A (see 6.5.9). For non-reimbursable utility work where the UA/O
desires the work to be done by the Design-Build Firm, the DUO will execute a
Utility Work by Highway Contractor (at Utility Expense) agreement with the UA/O,
and include it as an attachment to the RFP. When the UA/O will develop the design
of the relocated or new facilities, the UA/O is to provide plans and specifications to
be included as Attachments to the RFP and provide local phase 56 funds to the
Department. When the UA/O assigns responsibility of developing the design of the
relocated or new facilities to the Design-Build Firm, this should be reflected in the
RFP and the Utility Work by Highway Contractor agreement and the UA/O is to
provide conceptual plans and specifications to be included as Attachments to the
RFP and for providing local phase 56 funds to the Department. The Design-Build
Firm is to provide a bid for this utility work. The Design-Build Firm must process
Department utility permits to be signed by the UA/O.
(IWMKR&YMPH*MVQTIVJSVQMRKVIMQFYVWEFPIYXMPMX][SVO[MXL
GSWXWLEVMRK
Only definable utility work can be used for this utility work type. These UA/Os will
be listed in Table A (see 6.5.9). For reimbursable utility work where the UA/O
desires the work to be done by the Design-Build Firm, the DUO will execute a
Utility Work by Highway Contractor (at expense) agreement with
the UA/O, and include it as an attachment to the RFP. The UA/O is to provide plans
and specifications also included as an Attachment to the RFP. The DUO will
encumber phase 56 funds. And, the Design-Build Firm is to provide a bid for this
utility work and will be able to enter cost savings initiatives for this work. The
Design-Build Firm must create utility work schedules and process Department
utility permits to be signed by the UA/O. If the work is consistent with the Utility
Work Agreement provided as an attachment to the RFP, the Department will pay
the invoiced amount and overages per the agreement. However, if the work is not
consistent with the Utility Work Agreement provided as an attachment to the RFP,
the Design-Build Firm shall pay all costs over those in the Agreement and assume
all risks.
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If the Design-Build Firm desires to deviate from the utility work agreement provided
as an attachment to the RFP, the Design-Build Firm may apply for a Cost Saving
Initiative. However, the Design-Build Firm assumes all risks. In this case, the
Design-Build Firm must create and obtain their own utility work agreements and
utility work schedules. However, the Department
required, but not guaranteed.
9XMPMX]S[RIVTIVJSVQMRKRSRVIMQFYVWEFPIYXMPMX][SVO
Both definable and conceptual utility work can be used for non-reimbursable utility
work types where the UA/O desires the work to be done by their contractor. These
UA/Os will be listed in Table A (see 6.5.9).
For definable utility work, the DUO will obtain a non-reimbursable utility work
agreement with estimated time for the work. Department approval of a utility permit
is required, but not guaranteed and the Design-Build Firm must create and obtain
their own utility work schedules.
For conceptual utility work, the DUO will obtain an estimated time for the work. At
a minimum RGB markups are to be provided for conceptual plans. Department
approval of a utility permit is required, but not guaranteed and the Design-Build
Firm must create and obtain their own utility work schedules.
9XMPMX]S[RIVTIVJSVQMRKVIMQFYVWEFPIYXMPMX][SVO
Only conceptual utility work can be used for this work type. These UAOs will be
listed in Table A (see 6.5.9).Where the UA/O desires the work to be done by their
contractor, the DUO will obtain conceptual utility work plan with estimated costs
and time for the anticipated utility work. The DUO may use Phase 36 funds if the
complexity of the utility work warrants preliminary engineering work. At a minimum
RGB markups are to be provided for conceptual plans. Department approval of
utility permits is required, but not guaranteed and the Design-Build Firm must
create and obtain their own utility work schedules.
9XMPMX]S[RIVTIVJSVQMRKVIMQFYVWEFPIYXMPMX][SVO[MXLGSWX
WLEVMRK
Only definable utility work can be used for this utility work type. These UA/Os will
be listed in Table A (see 6.5.9). For reimbursable utility work where the UA/O
desires the work to be done by their contractor, the DUO will obtain a reimbursable
utility work agreement with estimated time for the work, and include as an
attachment to the RFP. The UA/O is to provide plans and specifications - also
included as an attachment to the RFP. The DUO may use Phase 36 funds if the
complexity of the utility work warrants preliminary engineering work. DUO will
encumber Phase 56 funds. The Design-Build Firm will be able to enter cost savings
initiatives for this work. Department approval of utility permits is required, but not
guaranteed and the Design-Build Firm must create and obtain their own utility work
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schedules.
7YQQEV]SJ9XMPMX];SVO8EFPIWERHRFP%XXEGLQIRXW
The RFP will include two summary tables containing all known utilities within the project
limits with all the required documents as described above included as attachments to the
RFP. The summary table will list the information as shown in the following example.
8EFPI%7911%6=3*FDOT contemplated adjustment, protection, or relocation
&MH
'SWX
9%39XMPMX];SVO8]TIRIIHI
)WXMQEXI
H
EWMD Design-Build Firm performing non-reimbursable utility work N/A Yes
TYUP Design-Build Firm performing reimbursable utility work
N/A Yes
water w/cost sharing
TGC Utility owner performing non-reimbursable utility work N/A No
FGPL&L Utility owner performing reimbursable utility work N/A No
TTP Utility owner performing reimbursable utility work w/cost $175,500.
No
Utilities sharing 00
8EFPI&7YQQEV]SJ9%3having facilities within the proposed Project limits
9%3'SRXEGX-RJSVQEXMSR
BTK Tele
LWG-fiber
EWMD
)%7)1)2876-+,83*;%=
Prior to advertisement, for a Design-Build project, it must be determined if the
project can be built within the existing right of way. If no additional right of way is
required for the project, the District Right of Way Manager must provide a right of way
certification for construction stating that no additional right of way was acquired for the
project or that additional right of way was acquired and all right of way activities were
completed in compliance with the applicable federal and state laws and regulations. If
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the Department has determined that no additional right of way is required for the project,
the RFP should address how additional right of way is to be acquired should a Design-
Build Firm propose to purchase additional right of way based on an innovative approach
to the project. In those situations, the RFP should demonstrate that the Design-Build
Firm is responsible for all additional cost and time related to the acquisition of this right
of way, regardless of whether the right of way is acquired by the Department or the
Design-Build Firm.
If additional right of way is required for the project, appropriate controls shall be
in place to ensure that the right of way is acquired in compliance with the applicable
federal and state laws and regulations and that construction activities do not commence
until the property is acquired and relocation activities are complete.
If a determination is made that additional right of way will be required, the Project
Manager shall consult with the District Right of Way Manager and the head of the
District Office(s) responsible for right of way mapping, title searches and conveyance
documents, to determine what if any of these services will be included in the Design-
Build contract. The RFP must identify those services, the standards that are required,
and the documentation that must be received by the Department which are mandatory
during the right of way process.
If right of way services are included in the Design-Build contract, negotiations for
the acquisition of right of way may not begin until a Notice to Commence Right of
Way Acquisition is issued by the Department. Environmental approval (NEPA) and
completion of right of way maps, title information and legal descriptions are required
before the notice to commence may be issued.
On every project requiring additional right of way, the Department must issue a
Notice to Commence Construction Activities prior to the start of any construction
activities on any portion of the project for which additional right of way was required.
This requirement is applicable whether the right of way services are included in the
Design-Build contract or will be handled separately. The Notice to Commence
Construction Activitiesmay not be issued until such time as the right of way
certification for construction is executed by the Department. Right of way may be
certified on any portion of a Design-Build project that is deemed to be a buildable
section by the contractor.
The RFP should note that the Design-Build Firm is responsible for obtaining any
leases or licenses required for storage of construction equipment, materials, or for
operations. No portion of the project can be constructed on these leases or licenses.
)<-78-2+463.)'8*)%896)7367=78)17
The RFP shall include a section as applicable, which specifies the responsibility for
demolition and disposal or retainage of existing features or systems that are no longer
necessary to the project.
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59%0-8='328630
5'
6)59-6)1)287
The RFP shall address any QC requirements that the Design-Build Firm must follow
which are in addition to those already in the referenced specifications, policies and
procedures. The criteria should also note any standard QC practices that do not apply
(such as the designer submitting phase plans to the Department for review). This part
of the criteria shall also require that the Design-Build Firm explain their program that will
assure quality products (plans, construction, etc.).
-2()4)2()28%7796%2')
Whether the Department performs the CEI or hires the CCEI the Department will
continue with its Independent Assurance program. In addition, the PM (or his/her
designee) has the right to review records and conduct tests at any time in order to
ensure quality products and services are being provided.
796:)=6)59-6)1)287
The RFP shall specify any survey information required by the Department and notify the
Design-Build Firms of existing survey information that is available.
It may be necessary for the Department to perform some survey work in the preparation
of the RFP. In any event, the Project Manager must determine who will provide the
survey control for layout and the layout itself. The RFP should require that survey
control be tied to the State Plane Coordinate System if the Design-Build Firm is required
to provide the survey control information. All survey work will adhere to the
requirements of the Department's Surveying Procedure, Topic No. 550-030-101.
*-2%0(3'91)287
The RFP shall define the final documents required by the Department from the Design-
Build Firm upon completion of the project. These should include: as-built final plans
(100% automated, including sheet files and geometric data files - GEOPAK files),
computer files containing the as-built design plans, engineering reports (such as Load
Rating, Foundation Construction Information, etc.), shop drawings, test results,
documentation, daily reports, quantities list, warranties for equipment installed on the
project, and certificate of occupancy, etc.
78%**-2+6)59-6)1)287
The RFP shall outline the minimum training and experience requirements for any
professional personnel deemed appropriate by the PM and/or required by regulatory
agencies.
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+)38)',2-'%06)59-6)1)287
The RFP shall specify any geotechnical information or reports required by the
Department. The Department may perform some preliminary geotechnical work in the
preparation of the design and construction criteria. Sufficient investigation should be
performed to give the Design-Build Firms an understanding of the geotechnical
conditions for the project and assist the Firms in offering their most cost effective
solutions for the project. The RFP will include any available geotechnical information.
-8)1783&)*962-7,)(&=8,)()4%681)28
The RFP shall include a section that details any items or services to be
furnished by the Department. This should include any information (data, reports, etc.),
support functions (computer services, etc.), materials, equipment, testing devices, or
other items that would affect the bid or technical approach. Such information might
include survey data, geotechnical information, bridge hydraulic reports, existing plans (if
available), right of way maps, etc.
As a general rule, the Department should provide a typical section package
as a part of the design criteria. The Project Manager must also determine if the
Department is going to provide the pavement borings and pavement design or if the
Design-Build Firm will accomplish this.
The following are examples of other information that might be necessary for
the Department to provide in order to clarify design and construction criteria:
Preliminary geotechnical survey including bridge borings, wall borings and
roadway borings (within the limits of the possible alignments).
Bathometric survey for all water crossings, for construction access information.
Site specific permit surveys potentially affecting or restricting the Design-Build
Firm's allowable construction methods and cost. Examples:
- Sea grass surveys detailing limits of sea grasses within right of way
(Also permit implications affecting construction access in these areas).
The same applies for limits of oyster beds, etc.
- Survey showing limits of contaminated sites within the right of way which
potentially affect excavations such as building bridge piers and drainage
structures. (Verbiage requiring special conditions such as coordination
with a specialty contractor should be included in the contract.)
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- Limits of jurisdictional wetlands within the right of way and on adjacent
properties. (Also permit implications affecting construction access in
these areas need to be addressed.)
- Endangered species survey.
Asbestos survey on building projects or on projects involving existing
-
bridge removals, especially when bascule bridges are removed or when
buildings are modified or demolished.
- Lead and other heavy metals paint survey.
'31498)67)6:-')7
The RFP shall include a list of the Department's computer programs that are available
for each Design-Build Firm during the design and construction of the project, and the
Design-Build Firms should be required to identify in their technical proposal which
programs they will use during the execution of the contract.
-779))7'%0%8-326)73098-32
The RFP shall include an issue escalation matrix or process that defines the
process for addressing questions or disagreements that may arise. This process should
state the chain of command within the Department and require the Design-Build Firm to
provide a similar list of people in responsible charge. For the Department, the
escalation should begin with the Project Manager and continue through the District
Construction, Materials or Maintenance Engineer, the Director of Operations or
Administration, and then the District Secretary. Consideration should be given to the
level that issue escalation begins, depending on the type of issue.
Typically, issues should be resolved at the lowest possible level (e.g., Project
Superintendent, Project Field Engineer). If Partnering is used, the chain of command for
issue escalation is discussed and decided at the initial Partnering meeting. Each level of
escalation should also include a time frame for resolving the conflict.
Issues that arise shall be resolved through the issue escalation/resolution
process described in the RFP.
It is recommended that Partnering be used on complex design-build projects in order to
:%09)%(()(*)%896)7
The RFP shall generally include a provision for project value added features with a
specified number of years and the details as to what is to be covered. As a general rule,
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routine maintenance is not intended to be covered by a value added proposal. If during
the value added period, any encroachments to right of way occur, the Department will
be responsible. Major bridges should have a value added periods of 5-15 years.
Standard value added clauses may need to be modified to fit project specific needs.
FCO building projects should have a warranty of no less than 1 year. All value added
language in the RFP used in construction contracts on the National Highway System
shall be approved by FHWA.
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7)'8-32
*)()6%0%-(%98,36->%8-327*36()7-+2&9-0(463.)'87
The following instructions cover the planning, authorization and closeout of federal
funds allocated to Design-Build projects.
Federal Aid authorization on Design-Build projects is also subject to the provisions of
the Partnership Agreement executed between FHWA and the Department. This
agreement identifies types of projects and functions subject to oversight by FHWA and
those projects and functions delegated to the Department.
The FHWA shall perform the following review and approval functions on Federal-aid
oversight projects if applicable: Typical Section Package, Pavement Design Package,
Phase Roadway and Bridge Plan Submittals, Specifications, Revisions, Bridge
Hydraulic Report (BHR), Utility Agreements, Railroad Agreements, Concurrence in
Award, Cost Savings Initiative Change Proposals, Time Extensions, Supplemental
Agreements, Contract Claims, and Final Acceptance.
The concurrencein-award package shall include a summary of the adjusted scores, the
results of the question and answer session by the short listed Design-Build Firms, and
It is suggested that District Work Program Managers and District Federal Aid
Coordinators be included in District coordination activities, meetings and
correspondence concerning Design-Build Projects to insure timely programming and
federal aid authorization activities.
40%22-2+*3697)3**,;%*92(732()7-+2&9-0(
463.)'87
Design-Build projects must be authorized and approved before the final RFP is
published or provided to the Design-Build Firms.
RFPs that are subject to FHWA Oversight are approved by the FHWA Division office.
The FHWA authorization request is processed only upon final written RFP approval.
Usually, the District Professional Services Administrator notifies the Federal Aid
Coordinator in writing of this approval. For Low Bid Design-Build projects, approval of
the RFP (and the federal authorization request) must occur prior to project
advertisement since the RFP is distributed at the time of contract advertisement. For
Delegated or Exempt projects, the District approves the package. For FHWA oversight
projects, the RFP should be submitted to Central Office (Office of Construction) for
review prior to submittal to FHWA.
The Design-Build authorization request should be processed immediately upon notice of
receipt of package approval. Upon receipt of the approved FHWA authorization, District
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Federal Aid Coordinators should notify the PM so that the RFP packages can be
distributed.
A new Project Scheduling System Activity/Event has been established to plan for the
future obligation of federal funds and also to schedule the anticipated date of package
approval. The PSM code is:
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46)4%6%8-323*6)59)787*36%98,36->%8-32
Since R/W must be certified clear with environmental determinations and permitting
complete before the RFP is approved, these activities normally will be authorized with
federal funds in advance of the Design-Build authorization. Therefore, District work for
Project Development phases should serve as the basis for the original federal project
authorization, followed by R/W (survey and acquisition) if required.
The District Federal Aid Coordinator should request one Federal Aid Project Number for
the entire project (all phases).
The sequence of federal authorizations is as follows:
1. PD&E advance activities are performed by the District
2. Authorization modification for R/W, if required
3. Authorization modification for Design-Build.
2SXI If the RFP package includes provision to pay compensation to the
non-selected short-listed Design-Build Firms on an Adjusted Score
Design-Build project, the authorization request will include a Work
Program Phase 32 for the compensation with the Design-Build Phase 52
and CEI Phase.
4. Work program phase estimates for Design-Build (Phase 52) and CEI
(Phase 61 and/or 62) and the FHWA federal aid authorization previously
established will need to be adjusted after the contract is awarded.
Generally, these contract price adjustments should occur in the month
following Design-Build contract award.
5. Final authorization modification for project closeout, if needed to balance
authorization to final expenditures.
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(3'91)28%8-326)59-6)1)287837944368()7-+2
&9-0(*)()6%0%98,36->%8-327
The form of documentation requirements for Design-Build is different from regular
construction projects. Design-Build authorizations with federal funds, whether Oversight
or Exempt, should be supported by:
1. R/W clear certifications;
2. Written FHWA approval (if oversight) or District approval (if Delegated) of
the RFP;
3. The RFP should affirm if other Plans Processing Manual checklist items,
such as, utilities and permits and NEPA status are complete;
4. If NEPA has not yet been completed when the preliminary design phases
are authorized (clarify this authorization is for PE to proceed and PE funds
are not actually paid to the Design-Build Firm), the contract must contain a
and the Design-Build
Firm may not participate in preparation of the NEPA documentation as this
would be a conflict of interest. Any consultants who prepare the NEPA
document must be selected and subject to the exclusive control of the
state/local government agency; and
5. Oversight projects must receive, from the FHWA Florida Division, a signed
concurrence in award for the DesignBuild contract and concurrence for
for the construction is determined.
74)'-*-'*)()6%0%-(6)59-6)1)287*36()7-+2&9-0(
497,&98832463.)'87
The use of Design-Build Pushbutton procurement process on Federally Funded projects
shall be limited to the use of Federal Safety funds and further shall only be utilized on
those Federal Safety funded projects which are considered as Type 1 and
Programmatic Categorical Exclusion projects as defined in the Departments Project
Development and Environment Manual (NEPA evaluation). The use of Federal Safety
funds under Design-Build Pushbutton procurement process is expressly limited to $5
million per Department fiscal year per District. Projects submitted for safety funding shall
include work items as approved by the District Safety Engineer. Projects should be
focused on intersections and segments included on the Transparency (5%) List, High
Risk Rural Road List, or included on the high crash segment or intersection
list. Projects not included on the before mentioned high crash listings will be reviewed
on a case by case basis by the District Safety Engineer. Projects submitted for safety
funding must meet the benefit/cost criteria contained in the Highway Safety
Improvement Program (HSIP) guidelines and all documentation should be available for
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initial tasks or added tasks the NEPA evaluation and planning process steps (funding
for projects is shown in the Transportation Improvement Program/State Transportation
Improvement Program) must be completed. Additionally, the estimated cost for a task,
work type and location, must be determined.
The FHWA Initial Authorization for any Design-Build Pushbutton projects utilizing
Federal Safety funds must be obtained prior to the release of the final RFP to short-
listed Design-Build firms. At the time of initial authorization there must be at least one
project specific task assignment with a scope and estimated cost. Because all tasks are
part of the same contract, the FHWA must review and authorize each federally funded
Task Work Order prior to issuance.
'037-2+()7-+2&9-0(463.)'87
From a federal aid perspective, closing these projects is not expected to be dissimilar
from regular construction closeout. The final voucher stage (sequence 5. above) will be
initiated by the PM based on a Final Acceptance document from FHWA for Oversight
projects or from the District for Exempt projects.
The PM should coordinate the removal of any encumbrance and retainage balances
with the Office of Comptroller (OOC). The PM must provide the final acceptance and the
contract time sheet to the Federal Aid Coordinator and request that the federal project
be closed. The Federal Aid Administration Section of OOC will review the costs and
notify the District Federal Aid Coordinator to prepare the final federal authorization
modification.
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7)'8-32
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86%-2-2+
None required.
*3617
Construction Bid Package Forms (Infonet)
FCO Forms Package (Contact Central FCO Office)
FCO Samples (Contact Central FCO Office)
FDOT Form 375-020-12 Design-Build Proposal
FDOT Form 375-020-13 Design-Build Contract
FDOT Form 375-020-14 Design-Build Contract Bond
FDOT Form 375-020-17 Bid Blank
FDOT Form 375-020-30 Contract Affidavit
FDOT Form 375-020-34 Design-Build Bid or Proposal Bond
FDOT Form 375-020-18 Declaration of Joint Venture and Power of Attorney for
Bidding on Specified Project(s)
FDOT Form 375-030-2B Design-Build Selection Package
FDOT Form 375-030-2F Design-Build Selection Package when FDOT
Establishes Shortlist
FDOT Form 375-030-27 Design-Build Letter of Interest Technical Comments
FDOT Form 375-030-35 Low Bid Design-Build Selection Committee Form
FDOT Form 375-030-50 Conflict of Interest Certification Form
FDOT Form 375-030-55 Bridge Design Qualification Form
FDOT Form 375-030-56 Design Build Procurement Confidentiality Certification
for Technical Advisors
FDOT Form 700-010-21 Low Bid Design-Build Technical Proposal
FDOT Form 700-010-65 Design-Build Bid Proposal Form
FDOT Form 700-011-14 Design-Build Stipend Agreement
FDOT Form 700-011-16 Design-Build Finance Firm Request for Project Specific
Escrow Account
FDOT Form 700-011-17 Design-Build Finance Firm Request for Direct Payment
to Firms Primary Vendor Account
FDOT Form 700-011-18 Design-Build Finance Firm Request for Project Specific
Escrow Account (Bond Solution)
FDOT Forms 700-011-30(A-H) Design Build Project Performance Evaluation
FDOT Form 700-011-36 Low Bid Design-Build Qualification Validation
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