Loading...
HomeMy Public PortalAboutBrannon & Gillespie - RFP - 2010-01WN OF JUPITER INLET COLONY RFP NO. 2010-01 Overhead Utility Undergrounding Project Management and Engineering Consulting Services TOWN OF JUPITER INLET COLONY ADMINISTRATION BUILDING 1 COLONY ROAD JUPITER INLET COLONY, FLORIDA 33469 TOWN OF JUPITER INLET COLONY RFP NO. 2010-01 Overhead Utility Undergrounding Project Management and Engineering Consulting Services TABLE OF CONTENTS Subject Page Number Cover..................................................................................................................................1 Tableof Contents.................................................................................................................2 Advertisement...................................................................................................................... 3 PartI — Proposal Guidelines................................................................................................4 Part II — Project Requirements.............................................................................................12 Part III — Proposal Requirements.........................................................................................15 Part IV — Evaluation of Proposals.........................................................................................18 ProposalPage......................................................................................................................20 Proposer's Qualifications.....................................................................................................21 List of Professional References...........................................................................................22 Drug -Free Certification.........................................................................................................23 EvaluationCriteria................................................................................................................24 RFP No. 2010-01 — Overhead Utility Undergrounding Project Management and Engineering Consulting Services Page 2 TOWN OF JUPITER INLET COLONY Advertisement for Request for Proposals RFP NO. 2010-01 Overhead Utility Undergrounding Project Management and Engineering Consulting Services Proposals for the Overhead Utility Undergrounding Project Management and Engineering Consulting Services will be received by the Town of Jupiter Inlet Colony, Administration Building, 1 Colony Road, Jupiter Inlet Colony, Florida 33469-3507, until February 17. 2010 at 2:00 P.M. Time is of the essence and any Proposal received after 2:00 p.m. on February 17, 2010 whether by mail or otherwise, will be returned unopened. Proposers are responsible for insuring that their Proposal is stamped by Purchasing Office personnel by the deadline indicated. Proposals shall be submitted with an original and five (5) copies in sealed envelopes/packages addressed to Joann Manganiello, Town Administrator, Town of Jupiter Inlet Colony, Florida, and marked "RFP No. 2010-01 — Overhead Utility Undergrounding Proiect Management and Engineering Consulting Services". The Town Administration Building is located at 1 Colony Road, Jupiter Inlet Colony, Florida 33469, Telephone (561) 746-3787, e-mail: iicolonvC�3 bellsouth.net. Joann Manganiello Town Administrator Town of Jupiter Inlet Colony Dated: January 24, 2010 January 31, 2010 Published: Jupiter Inlet Colony RFP No. 2010-01 — Overhead Utility Undergrounding Project Management and Engineering Consulting Services Page 3 TOWN OF JUPITER INLET COLONY RFP NO. 2010-01 Overhead Utility Undergrounding Project Management and Engineering Consulting Services PART PROPOSAL GUIDELINES 1-1 Introduction: The Town of Jupiter Inlet Colony, Florida ("Town") is soliciting Proposals ("Proposals") from interested parties ("Proposers") for Overhead Utility Undergrounding Project Management and Engineering Consulting Services to provide project management and engineering support services to support the Town's comprehensive Utility Undergrounding Project ("Project"), which will include the conversion of all existing overhead electric power, cable television, interneUbroadband, telecommunications, and similar or related facilities to underground facilities. These Proposal Guidelines include important instructions and specifications regarding responses to this Request for Proposals ("RFP"). Failure to follow these instructions could result in Proposer disqualification. 1-2 Proposal Submission and Withdrawal: The Town must receive all Proposals by 2:00 P.M. on February 17, 2010. The Proposals shall be submitted at the following address: TOWN OF JUPITER INLET COLONY Administration Building 1 Colony Road Jupiter Inlet Colony, Florida 33469 To facilitate processing, please clearly mark the outside of the Proposal package as follows: RFP No. 2010-01 — Overhead Utility Undergrounding Project Management and Engineering Consulting Services. This package shall also include the Proposer's return address. Proposers may withdraw their Proposals by notifying the Town in writing at any time prior to the deadline for Proposal submittal. After the deadline, the Proposal will constitute an irrevocable offer, for a period of ninety (90) days. Once opened, Proposals become a record of the Town and will not be returned to the Proposer. The Town cautions Proposers to assure actual delivery of mailed or hand -delivered Proposals directly to the Town's Administration Building at 1 Colony Road, Jupiter Inlet Colony, Florida prior to the deadline set for receiving Proposals. Telephone confirmation of timely receipt of the Proposal may be made by calling (561) 746-3787, before Proposal closing time. Any Proposal received after the established deadline will not be considered and will be returned unopened to the Proposer(s). 1-3 Number of Copies: Proposers shall submit an original and five (5) copies of the Proposal in a sealed, opaque package marked as noted above. The Proposer will be responsible for timely delivery, whether by personal delivery, US Mail or any other delivery RFP No. 2010-01 — Overhead Utility Undergrounding Project Management and Engineering Consulting Services Page 4 r, ITMIT "11 1-4 Development Costs: Neither the Town nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their Proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. 1-5 Contact: After the issuance of this RFP, Interested Proposers shall not contact, communicate with or discuss any matter relating in any way to the RFP with members of the Town Commission or any employee of the Town of Jupiter Inlet Colony other than the Town Administrator. This prohibition begins with the issuance of the RFP and ends upon execution of the final Consulting Services Agreement ("Agreement"). Such communications initiated by a Proposer shall be grounds for disqualifying the offending Proposer from consideration for award of the Proposal and/or any future Proposal. 1-6 Mistakes: Interested Proposers shall examine the RFP documents, which include the Proposal forms and all other instructions provided herein. Failure to do so will be at the Proposer's sole risk. 1-7 Adjustments/Changes/Deviations to the RFP: A Proposer shall not attempt to limit, restrict or qualify its Proposal. No adjustments, changes to or deviations from the RFP will be accepted. No additional terms and conditions included with a Proposal shall be evaluated or considered. Any and all such adjustments, changes and deviation shall have no force and effect. 1-8 Interpretations and Inquiries: All Proposers shall carefully examine the RFP documents. Any ambiguities or inconsistencies discovered in any provisions of the RFP shall be brought to the attention of the Town immediately. Any questions concerning the intent, meaning and interpretation of the RFP documents shall be requested in writing, and delivered to the Town's Administrator no later than 2:00 p.m., EST on February 8, 2010. All written inquiries shall be delivered by hand, mail, or fax to: Joann Manganiello Town Administrator 1 Colony Road Jupiter Inlet Colony, Florida 33469 Facsimile: (561) 746-1068 E-mail: iicolonv@bellsouth.net Submission of a Proposal will serve as prima facie evidence that the Proposer has examined the RFP and is fully aware of all conditions affecting the provision of consulting services. No Person is authorized to give oral interpretations of, or make oral changes to, the RFP documents. Oral statements will not be binding on the Town and should not be relied upon by the Proposer. Any interpretations of, or changes to, the RFP documents will be made in the form of a written addendum to the RFP documents. Only those interpretations of, or changes to, the RFP that are made in writing may be relied upon. RFP No. 2010-01 — Overhead Utility Undergrounding Project Management and Engineering Consulting Services Page 5 1-9 The Town's Exclusive Rights: The Town reserves its exclusive right to determine the best interests of the Town and act accordingly, even if the Town's actions involve the disqualification of or other injury to a Proposer. Among other things, the Town reserves the exclusive right to: • Conduct pre -award discussions with any or all Proposers. • Conduct interviews of or require presentations by any or all Proposers prior to selection. • Request that a Proposer modify its Proposal to more fully meet the needs of the Town. • Contact any person or agency, and conduct any investigation deemed necessary, to obtain additional information about one or more Proposers and Proposals. • Evaluate one or more Proposals without further discussion, submittals or presentations. • Accept or reject one or more qualifications statements or Proposals in part or in whole. • Request additional information about qualifications or Proposals. • Limit and/or determine the actual contract services to be included in a Consulting Services Agreement. • Act as a sole judge of Proposers' qualifications. • Waive any irregularities, deficiencies, and technicalities concerning any Proposal. • Revise the scope of the RFP. • Award a Consulting Services Agreement to the Proposer whose Proposal is most advantageous to and in the best interest of the Town. • Award a Consulting Services Agreement to the next most qualified Proposer if the successful Proposer does not execute a Consulting Services Agreement within sixty (60) days after the award of the Proposal. • Enter into negotiations with any Proposer, or multiple Proposers, for consulting services. • Request additional Proposals. • Reject any and all Proposals for any reason. By submitting a Proposal, all Proposers acknowledge and agree that: (a) no enforceable agreement arises until the Town signs the Consulting Services Agreement; (b) no action shall lie to require the Town to sign the Consulting Services Agreement at any time; (c) there is no obligation on the part of the Town Commission to award the Consulting Services Agreement to the Proposer offering the lowest prices to the Town; (d) the Town Commission shall be the sole judge of the procedure used to select a Proposer, and the determination of which Proposal is most advantageous to or in the best interest of the Town; and (e) each Proposer waives all claims to damages, lost profits, costs, expenses, and attorney's fees, if the Town Commission decides that it will not approve the Consulting Services Agreement. The Town may reject Proposals for any reason that the Town deems sufficient. Among other things, the Town may reject Proposals: (a) if the Proposer misstates or conceals any material fact in the Proposal; (b) if the Proposal does not strictly conform to the law or the requirements of the RFP; (c) if the Proposal is subject to any conditions or qualifications; (d) for budgetary reasons; and (e) if a change occurs that makes the RFP unnecessary or undesirable for the Town. 1-10 Addendum: The Town may record its response to inquiries, proposed modifications and any supplemental instructions in the form of written addenda. The Town may provide written addenda up to seven (7) calendar days before the date fixed for receiving the Proposals. g Consulting Services Page 6 RFP No. 2010-01 —Overhead Utility Undergrounding Project Management and Engineerin Proposers shall contact the Town Administrator to ascertain whether any addenda have been issued. Failure to do so could result in an unresponsive Proposal. Any oral explanation given before the RFP opening will not be binding. 1-11 Contract Awards: The Town anticipates entering into a Consulting Services Agreement with the Proposer who submits the Proposal judged by the Town to be most advantageous. The Proposer understands that this RFP does not constitute an offer or an agreement with the Proposer. An offer or agreement shall not be deemed to exist and is not binding until Proposals are reviewed, accepted as responsive by appointed staff, the best Proposal has been identified, approved by the appropriate level of authority within the Town, and executed by all parties. The Town reserves the right to reject all Proposals, to abandon the RFP and/or to solicit and re - advertise for other Proposals. 1-12 Contractual Agreement: This RFP shall be included and incorporated in the final award. The order of contractual precedence will be the Consulting Services Agreement document, original Request for Proposals, and Proposal submitted by the successful Proposer. Any and all legal action challenging, or necessary to enforce, the award of the Consulting Services Agreement shall be held in Palm Beach County and the contractual obligations shall be interpreted according to the laws of Florida. Any additional contract or agreement requested for consideration by the Proposer must be attached and enclosed as part of the Proposal. 1-13 Selection Process: The Proposals will be evaluated and assigned points; the Proposer with the highest number of points will be ranked first. However, nothing herein will prevent the Town from awarding the Agreement to the Proposal deemed responsive and responsible. The Town reserves the right to further negotiate any terms of the Agreement, including price, with the highest rated Proposer. If an agreement cannot be reached with the highest rated Proposer, the Town reserves the right to negotiate and recommend award to the next highest Proposer or subsequent Proposers until an agreement is reached. 1-14 Proprietary Information: In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State and Federal Law, all Proposers should be aware that the RFP and the responses thereto are in the public domain. Consequently, the Proposers are required to identify specifically any information contained in their Proposals which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. All Proposals received from Proposers in response to this Request for Proposal will become the property of the Town and will not be returned to the Proposers. In the event of award of the Consulting Services Agreement, all documentation produced as part of the Consulting Services Agreement will become the exclusive property of the Town. By submitting a Proposal in response to this RFP, the Proposer recognizes and agrees that the Town shall not be responsible or liable for the disclosure of any documents or information provided by the Proposer in response to this RFP. RFP No. 2010-01 —Overhead Utility Undergrounding Project Management and Engineering Consulting Services Page 7 In accordance with Chapter 119.07 of the Florida Statutes, the Proposals received for this RFP may be reviewed ten (10) days after the Proposal opening date. The Proposal files may be examined during normal working hours by appointment. 1-15 News Releases: The Proposer shall obtain the prior approval of the Town Administrator's Office of all news releases or other publicity pertaining to this RFP, the consulting services, or Project to which it relates. 1-16 Insurance: The Proposer agrees that it will not commence work under the Consulting Services Agreement until all insurance required by this RFP and the Consulting Services Agreement has been obtained and such insurance has been approved by the Town. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The Proposer shall furnish Certificates of Insurance to the Town's representative. The Certificates shall clearly indicate that the Proposer has obtained insurance of the type, amount, and classification as required for strict compliance with the Consulting Services Agreement and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the Town's representative. Compliance with the foregoing requirements shall not relieve the Proposer of its liability and obligations under the Consulting Services Agreement. Proposer shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Consulting Services Agreement, insurance coverages, limits, including endorsements, as described herein. The requirements contained herein, as well as Town's review or acceptance of insurance maintained by the Proposer are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Proposer under the Consulting Services Agreement. The successful Proposer(s) shall be required to provide insurance coverage as follows 1-16.1 Professional Liability - Proposer shall agree to maintain Professional Liability or equivalent Errors & Omissions Liability at a limit of liability not less than $1,000,000 Per Occurrence. When a self-insured retention (SIR) or deductible exceeds $25,000 the Town reserves the right, but not the obligation, to review and request a copy of Proposer's most recent annual report or audited financial statement. For policies written on a "Claims -Made" basis, Proposer warrants the Retroactive Date equals or precedes the effective date of the Consulting Services Agreement. The Proposer's Certificate of Insurance shall specify: "Retroactive date - Full prior acts coverage applies." In the event the policy is canceled, non -renewed, switched to an Occurrence Form, retroactive date advanced; or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERP) during the life of this Consulting Services Agreement, Proposer shall agree to purchase a SERP with a minimum reporting period not less than three (3) years. Proposer shall agree this coverage shall be provided on a primary basis. The Certificate of Insurance must indicate whether coverage is written on an occurrence or claims -made basis and must indicate the amount of any SIR or deductible. 1-16.2 Commercial General Liability, Automobile Liability and Workers' Compensation - Proposer shall agree to maintain Commercial General Liability at a limit of liability not less RFP No. 2010-01 — Overhead Utility Undergrounding Project Management and Engineering Consulting Services Page 8 than $1,000,000 Each Occurrence. Proposer shall agree to maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Each Occurrence for all owned, non -owned and hired automobiles. In the event Proposer does not own any automobiles, the Business Auto Liability requirement shall be amended allowing Proposer to agree to maintain only Hired & Non - Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. Proposer shall agree this coverage shall be provided on a primary basis. Proposer shall agree to maintain during the life of this Agreement, Workers' Compensation Insurance and Employer's Liability in accordance with Chapter 440, Florida Statutes. Proposer shall agree this coverage shall be provided on a primary basis. 1-16.3Umbrella Or Excess Liability - If necessary, Proposer may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, or Employers Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest Each Occurrence limit for either Commercial General Liability, Business Auto Liability, or Employers Liability. The Town shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow -Form" basis. 1-16.4 Additional Insured - Proposer shall agree to endorse the Town as an Additional Insured to the Commercial General Liability. The Additional Insured endorsement shall read Town of Jupiter Inlet Colony, Including Police Department, all Officers, Employees, Elected and Appointed Committees, and Commissions, (Utility Undergrounding Project Engineering Services pursuant to RFP No. 2010-01). Proposer shall agree the Additional Insured endorsements provide coverage on a primary basis. 1-16.5 Waiver Of Subrogation - Proposer shall agree, by entering into this Consulting Services Agreement, to a Waiver of Subrogation for each required policy. When required by the insurer, or should a policy condition not permit an Insured to enter into a pre -loss agreement to waive subrogation without an endorsement, then Proposer shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, in which a condition to the policy specifically prohibits such an endorsement, or voids coverage should Proposer enter into such an agreement on a pre -loss basis. The Proposer will be required to provide original certificates of such coverage prior to engaging in any activities under the Consulting Services Agreement. No work can be started until the certificates are submitted and approved by the Town. 1-17 Licenses: Proposers, both corporate and individual must be fully licensed and certified in the State of Florida at the time of RFP submittal, if required. The Proposal of any Proposer that is not fully licensed and certified shall be rejected. RFP No. 2010-01 —Overhead Utility Undergrounding Project Management and Engineering Consulting Services Page—9 1-18 Public Entity Crimes: Award will not be made to any person or affiliate identified on the Department of Management Services' "Convicted Vendor List". This list is defined as consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found guilty of a public entity crime. No public entity shall award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017 Florida Statutes for Category Two (currently $25,00000) with any person or affiliate on the "Convicted Vendor List" for a period of thirty-six (36) months from the date that person or affiliate was placed on the "Convicted Vendor List" unless that person or affiliate has been removed from the list. By signing and submitting the RFP Proposal forms, Proposer attests that it has not been placed on the "Convicted Vendor List". 1-19 Code Of Ethics: If any Proposer violates or is a party to a violation of the code of ethics of the State of Florida with respect to this Proposal, such Proposer may be disqualified from performing the work described in this Proposal or from furnishing the goods or services for which the Proposal is submitted and shall be further disqualified from submitting any future Proposals for work, goods or services for the Town. 1-20 Drug -Free Workplace: Preference shall be given to businesses with Drug -Free Work Place (DFW) programs. Whenever two or more Proposals that are equal with respect to price, quality, and service are received by the Town for the procurement of commodities or contractual services, a Proposal received from a business that completes the attached DFW form certifying that it is a DFW shall be given preference in the award process. 1-21 Rights and Privileges: Rights and privileges granted by the Town shall not be assigned or transferred in any manner whatsoever without written approval of the Town. At all times during the term of the Consulting Services Agreement the Proposer will act as an independent contractor and at no time shall the Proposer be considered an agent or partner of the Town. The Proposer shall obtain and pay for all permits, licenses, Federal, State and Local taxes chargeable to its operation. 1-22 Lobbying Prohibited: Proposers are not to contact or lobby any Town personnel related or involved with this Request for Proposals. All oral or written inquiries are to be directed to the Town Administrator as instructed herein. Any violation of this condition may result in rejection and/or disqualification of the Proposer. 1-23 Disclosure and Disclaimer: Any action taken by the Town in response to Proposals made pursuant to this RFP or in making any award or failure or refusal to make any award pursuant to such Proposals, or in any cancellation of award, or in any withdrawal or cancellation of this RFP, either before or after issuance of an award, shall be without any liability or obligation on the part of the Town or its advisors. In its sole discretion, the Town may withdraw this RFP either before or after receiving Proposals, may accept or reject Proposals, and may accept Proposals which deviate from the RFP. In its sole discretion, the Town may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this RFP. Following submission of a Proposal, the Proposer agrees to promptly deliver such further RFP No. 2010-01 — Overhead utility undergrounding Project Management and Engineering consulting Services Page 10 details, information and assurances, including, but not limited to, financial and disclosure data, relating to the Proposal and/or the Proposer, including the Proposer's affiliates, officers, directors, shareholders, partners and employees, as requested by the Town. The information contained herein is provided solely for the convenience of Proposers. It is the responsibility of a Proposer to assure itself that information contained herein is accurate and complete. Neither the Town, nor its advisors provide any assurances as to the accuracy of any information in this RFP. Any reliance on the contents of this RFP, or on any communications with Town representatives or advisors, shall be at each Proposer's own risk. Proposers should rely exclusively on their own investigations, interpretations and analysis in connection with this matter. The RFP is being provided by the Town without any warranty or representation, express or implied, as to its content, accuracy, or completeness, and no Proposer or other party shall have recourse to the Town if any information herein contained shall be inaccurate or incomplete. No warranty or representation is made by the Town that any Proposal conforming to these requirements will be selected for consideration, negotiation or approval. The Town, and its representatives shall have no obligation or liability with respect to this RFP, or the selection and award process contemplated hereunder. Neither the Town nor its representatives warrant or represent that any award or recommendation will be made as a result of the issuance of this RFP. All costs incurred by a Proposer in preparing and responding to this RFP are the sole responsibility of the Proposer. Any recipient of this RFP who responds hereto fully acknowledges all the provisions of this Discloser and Disclaimer and agrees to be bound by the terms hereof. Any Proposal submitted pursuant to this RFP is at the sole risk and responsibility of the party submitting such Proposal. This RFP is made subject to correction of errors, omissions, or withdrawal without notice. Information contained in the RFP is for guidance only and each recipient hereof is cautioned and advised to independently verify all of such information. 1-24 Proposal Contents: All material submitted becomes the property of the Town of Jupiter Inlet Colony. The Town has the right to use any or all ideas presented in any reply to this RFP. Selection or rejection of the Proposal does not affect this right. RFP No. 2010-01 — Overhead Utility Undergrounding Project Management and Engineering Consulting Services Page 11 TOWN OF JUPITER INLET COLONY RFP NO. 2010-01 Overhead Utility Undergrounding Project Management and Engineering Consulting Services PART II PROJECT REQUIREMENTS 2-1 INTRODUCTION, PURPOSE, AND SCOPE OF WORK The Town of Jupiter Inlet Colony ("Town") is seeking the services of a licensed professional engineer or engineering firm to provide project management and engineering support services to support the Town's comprehensive Utility Undergrounding Project ("Project"), which will include the conversion of all existing overhead electric power, cable television, internet/broad band, telecommunications, and similar or related facilities to underground facilities. The facilities to be converted include those of Florida Power & Light Company ("FPL"), AT&T, and Comcast. (It is possible, though considered unlikely, that other utilities providers could attempt to insert themselves into the process.) The Town has prepared maps of all existing utilities facilities in the Town, and has also received a "Binding Cost Estimate" from FPL for the electric utility undergrounding component of the Project, such that references below to maps, survey data, conceptual plans, and design plans should be understood in light of this work, which has already been completed. For this Project, the Town foresees the need for the following specific services, comprising the scope of work contemplated by this RFP, and recognizes that additional support services may be needed, as contemplated by the "additional services necessary" item below: 1. Provision of information and technical consulting services to the Town, and to citizens and groups of citizens regarding the overall Utility Undergrounding Project and specific facilities installations affecting individual properties. 2. Serving as the Town's community liaison representative to resolve issues between residents and the utility companies, and also between residents and the Town, and to provide communications regarding the Project to the Town's residents as necessary. 3. Coordinating the acquisition of any additional site and survey data necessary to create conceptual designs, cost estimates, and detail data as necessary to generate final construction designs. 4. Developing and reviewing conceptual plans and detailed design plans for the undergrounding of overhead utilities facilities within the Town, including, but not limited to, facility designs, easement requirements, project schedules, and cost estimates. 5. Participating in direct negotiations with FPL, Comcast, and AT&T, and, to the extent applicable, with other utility providers, with respect to facility design and layout, facility configuration, equipment location, equipment selection, costs, work to be performed by or through each respective utility company, work to be performed by or through the Town and Town -employed contractors, and schedules. 6. Facilitating the creation, acquisition, and recording of required easements. RFP No. 2010-01 — Overhead Utility Undergrounding Project Management and Engineering Consulting Services Page 12 7. Coordinating services for the acquisition of contract construction resources for work that is to be done as part of the Town's responsibility for construction and installation of the new underground facilities pursuant to the Project. This element includes not only coordinating the acquisition of contract construction resources, but also advising the Town and participating in direct negotiations, on behalf of the Town, with contractors and subcontractors that may be engaged to perform work that is the Town's responsibility under the Town's agreements with FPL, Comcast, AT&T, and any other utility providers in connection with the Project. 9. Participating in materials procurement activities, including advising the Town, the utility providers, and all contractors and subcontractors as to materials availability, suitability, and decisions; supporting bidding processes, negotiations, and procurement for materials to the extent necessary, particularly with respect to the procurement of materials for work to be performed by or through the Town, its contractors, and their subcontractors; and maintaining satisfactory documents relative to the materials procurement activities. 9. Supervising, monitoring, coordinating, and facilitating all construction activities to ensure compliance with contract requirements, to promote the timely and efficient completion of all work to the extent reasonably practicable, and to minimize adverse impacts on the community during the Project construction work. 10. Maintaining satisfactory documents relative to the work performed by the Town's contractors and their subcontractors. 11. Serving as the "Town's Representative" for all technical and engineering -related purposes relative to the contracts between the Town and FPL, AT&T, Comcast, and, as necessary, other utility providers, and also relative to the contracts between the Town and its contractors. The Proposer must acknowledge its understanding that this function is the equivalent of serving as the "Owner's Representative" in managing construction contracts and projects. 12. Tracking and reporting to the Town, on a weekly basis, the progress of all Project activities, including those that are the responsibility of the utility providers as well as those that are the responsibility of the Town's contractors and their subcontractors, relative to construction progress, conformance of work completed or in progress to design plans and relevant standards for the particular work involved, compliance with contracts, and compliance with schedules established for various work components of the Project, whether contractually established or not. 13. Reviewing completed work and associated contractor invoices and advising the Town as to completed work and the suitability of contractor invoices. 14. Maintaining project records, as necessary, in accordance with established professional standards for engineers and in accordance with other established standards specified by the Town. 15. Coordinating site restoration activities, including identification of requirements, acquisition of contractor services, and verification of completed work as necessary. 16. Providing other services necessary to the execution of the Project as may be required and approved by the Town. 2-2 BACKGROUND The Town has been actively considering conversion of overhead utility facilities since 2003, and has now determined that it is in the best interests of the Town and the Town's citizens to proceed with the comprehensive Utility Undergrounding Project, which will include the RFP No. 2010-01 — Overhead Utility Undergrounding Project Management and Engineering Consulting Services Page 13 conversion of all existing overhead electric power, cable television, internet/broadband, telecommunications, and similar or related facilities to underground facilities. The Town seeks the professional services described herein to facilitate all processes and procedures necessary to the successful completion of the Project. 2-3 PROPOSAL REQUIREMENTS This document is the Town's instrument for soliciting Proposals in response to this Request for Proposals for the Overhead Utility Undergrounding Project Management and Engineering Consulting Services work in support of the Town's Utility Undergrounding Project. This RFP is also intended to provide guidance and direction to potential Proposers for their transmittal and submittal of Proposals, and to define the terms, conditions and specifications desired by the Town for the work contemplated by this RFP. Nothing in this RFP is intended to restrict the Town of Jupiter Inlet Colony in any way in the selection of the Proposal (or Proposals) that best meets the needs of the Town. The Town reserves the right to reject any or all offers and to negotiate changes in Proposals or best and final offers. 2-4 TOWN CONTRACT COORDINATOR The Town's contact person for this RFP is Joann Manganiello, the Town Administrator. After the Consulting Services Agreement is formalized, all communications and correspondence shall be directed to Ms. Manganiello at the following address: Town of Jupiter Inlet Colony Administration Building 1 Colony Road Jupiter Inlet Colony, Florida 33469-3507 E-mail: iicolonv@bellsouth.net 2-5 CONTRACT The selected Proposer will be expected to enter into a formal Consulting Service Agreement ("Agreement") at the time of contract award. The Agreement will be prepared by the Town's attorneys, will reflect the substantive scope of work described in Section 2-1 above, and will incorporate all applicable terms, conditions, specifications, and commitments set forth in this RFP and also in the successful Proposer's Proposal, as well as incorporating both the RFP and the successful Proposer's Proposal into the Agreement. The term of the Agreement shall be through the completion of the Project, including all necessary acceptances by FPL, AT&T, and Comcast of any work performed by the Town's contractors and subcontractors. The Town anticipates that the Project will be completed by December 31, 2011. RFP No. 2010-01 — Overhead Utility Undergrounding Project Management and Engineering Consulting Services Page 14 TOWN OF JUPITER INLET COLONY RFP No. 2010-01 Overhead Utility Undergrounding Project Management and Engineering Consulting Services PART III PROPOSAL REQUIREMENTS 3-1 RULES FOR PROPOSALS Proposer shall submit one (1) original and five (5) copies of its Proposal in a clear, concise format, on S 1/2 " x 11" paper, in English. The Proposal shall contain tabbed sets of the information required herein to be considered for award. Omission of required data may be cause for disqualification. Any other information thought to be relevant, but not applicable to the enumerated sections, should be provided as an appendix to the Proposal. If publications are supplied by a Proposer to respond to a requirement, the Proposal should include reference to the document number and page number. Proposals not providing this reference will be considered to have no reference materials included in the additional documents. Proposals must be properly signed in ink by an owner, principal, or other agent having actual authority to bind the Proposer to the terms of its Proposal. The Proposal must name all persons or entities interested in the Proposal as principals. The Proposal must declare that it is made without collusion with any other person or entity submitting a Proposal pursuant to this RFP. 3-2 SUBMISSION OF PROPOSALS An original copy (so marked) and five (5) copies to include the following shall be submitted for a Proposer to be considered: 1. Title Page. Title page shall provide the RFP's subject, the firm's name, the name, address and telephone number of contact person, and the name, address, principal place of business and telephone number of legal entity with whom the contract is to be written. 2. Table of Contents. The table of contents of the Proposal should include a clear and complete identification of the materials submitted by section and page number. 3. Transmittal Letter. This letter will confirm in a brief and concise manner that the Proposer understands the purpose of the RFP, the Proposer's commitment to perform within the anticipated time period, a statement why the Proposer believes its Proposal to be in the best interests of the Town of Jupiter Inlet Colony, and a statement that the Proposal remains in effect for ninety (90) days. An authorized agent of the Proposer must sign the Letter of Transmittal indicating the agent's title or authority. 4. Technical Proposal and Development Plan. The detailed Proposal should follow the order set forth in this RFP. RFP No. 2010-01 — Overhead Utility Undergrounding Project Management and Engineering Consulting Services Page 15 5. Executed copy of Drug Free Workplace. Proposals must be submitted in a sealed envelope/package clearly marked with the name of the proposing firm and the following: "Request for Proposal — RFP No. 2010-01 - Overhead Utility Undergrounding Project Management and Engineering Consulting Services". 3-3 TECHNICAL PROPOSAL General Requirements - The purpose of the Technical Proposal is to demonstrate the qualifications, competence, capacity and methodology of the Proposers seeking contract award. As such, the substance of Proposals will carry more weight than their form or manner of presentation. The Technical Proposal should demonstrate the combined qualifications of the firm and of the particular staff to be assigned to provide services to the Town for this engagement. It should also specify an approach that will meet the RFP requirements. The Technical Proposal should address all of the points outlined in the RFP. The Proposal should be prepared simply and economically, providing a straightforward, concise description of the Proposer's capabilities to satisfy the requirements of the RFP. While additional data may be presented, the following subjects must be included. Section 1: TRANSMITTALIINTRODUCTION LETTER An introduction letter introducing your company, including the corporate name (if applicable), address and telephone number of principal office, number of years in business and size of staff. If your company is not a registered Florida corporation or LLC, you must include a statement, with any appropriate supporting documentation, confirming that your company is authorized to do business in Florida. Include a reproduction of the Proposer's Corporate Charter Registration, if applicable. Indicate the primary person responsible for this Project. The Introduction Letter shall be signed by an individual authorized to bind the company. Briefly state that the Proposer understands the intent of the RFP, and make a positive commitment to perform and complete the scope of work set forth in this RFP. Section 2: APPROACH TO THE PROJECT The Proposal shall include a description of the proposed services to be provided to the Town, with any exhibits or documentation deemed essential, addressing the following issues: • Overall approach and methods to achieve successful completion of the Project • Describe current work load of the Proposer's principals and employees who will be assigned to provide services to the Town • Methodology to accomplish implementation Please provide us with your creative ideas and identify any additional or unique resources, options, capabilities or assets, which your firm will bring to this Project. RFP No. 2010-01 — Overhead Utility Undergrounding Project Management and Engineering Consulting Services Page 16 Section 3: KNOWLEDGE, EXPERIENCE, AND QUALIFICATIONS The Proposer must submit information that will permit the Town and the Selection Committee to fully understand the Proposer's structure, qualifications, and financial strength as well as those of key project participants, including: 1) Description of the legal organizational structure of the Proposer and its parent entity, if it is a subsidiary. If the Proposer intends to create a separate entity solely for the purpose of developing the proposed Project, then each partner or stockholder entity participating in the separated entity should describe his, her, or its respective legal organizational structure. 2) Identification of the Proposer's principals, partners, officers or co -ventures, including names, addresses, telephone and fax numbers, e-mail addresses, and social security and federal business identification numbers. 3) Information concerning the relevant experience of the Proposer and key project personnel, including a listing and description of past projects, role, nature of continuing role and responsibilities; the Proposer should be sure to include all similar projects in Florida, and especially projects involving undergrounding of electrical facilities on FPL's system. 4) References for relevant projects. Section 4: PAST EXPERIENCE The Proposal shall include past performance, including the total number of similar projects. Provide a minimum of five (5) references for which you have provided a similar service within the past five (5) years of the scope and nature required by this RFP. References shall include company, contact person, contact information and general description of the project, dates and whether time lines were met. Letters of Commendations or Recommendation may be included in this section. RFP No. 2010-01 — Overhead Utility Undergrounding Project Management and Engineering Consulting Services Page 17 TOWN OF JUPITER INLET COLONY RFP NO. 2010-01 Overhead Utility Undergrounding Project Management and Engineering Consulting Services PART IV EVALUATION OF PROPOSALS 4-1 EVALUATION AND AWARD - The Town will select the Proposal (or Proposals) deemed most advantageous to the Town based on the evaluation criteria. The Selection Committee will rank those Proposers whose Proposals are deemed most qualified. The Town reserves the right to select the Proposal which in the opinion and sole discretion of the Town will be in the best interest of and/or most advantageous to the Town. The Town reserves the right to waive any irregularities and technicalities and may at its discretion request re -submittal of Proposals. 4-2 SELECTION COMMITTEE - A Selection Committee, consisting of the Town Administrator, one or more Town officials and residents, and one or more of the Town's attorneys, will convene, review and discuss all Proposals submitted. The Town Administrator will chair the committee. 4-3 REVIEW OF PROPOSALS - The Selection Committee will use a point/percentage formula during the review process to score Proposals. 4-4 EVALUATION CRITERIA - The criteria and weights as shown on the Evaluation Criteria page of this RFP shall be utilized uniformly and non -discriminatorily in the Town's evaluation of all Proposals. The Evaluation Criteria page provides the percentage weights assigned to each major evaluation category. The Selection Committee will evaluate all responsive written Proposals to determine which Proposal best meets the needs of the Town, based on the evaluation criteria. The evaluation criteria will be based on qualifications and experience of personnel, specific experience with undergrounding projects in FPL's service area, past performance including recent, current and projected workload, willingness to meet time and budget requirements, and approach to the Project. 4-5 INNOVATIVE CONCEPTS AND RECOMMENDATIONS - Any innovative concepts and recommendations for expansion of services or to enhance the quality of services to the Town that the Proposer considers pertinent for consideration should be included in the Proposal. 4-6 SELECTION - Consultant(s) selection and award of a Consulting Services Agreement shall be done in accordance with the State of Florida Consultant's Competitive Negotiations Act (CCNA), and Town policies and procedures. The Selection Committee will evaluate and rank all qualified and responsive Proposals. Additionally, the Committee may receive oral presentations and recommend to the Town Commission one or more Proposers determined to be the most RFP No. 2010-01 — Overhead Utility Undergrounding Project Management and Engineering Consulting Services Page 18 qualified to provide the consulting services required. The Town will negotiate a Consulting Services Agreement with the top ranked Proposer, or succeeding ranked Proposers should negotiations with the top-ranked Proposer fail. The Town's decision to award and execute an Agreement shall be based on all the information submitted by the Proposer, including a thorough review of all references provided, based upon criteria set forth herein. 4-7 ORAL PRESENTATIONS - Upon completion of the evaluation of all written Proposals, the Selection Committee shall determine whether to recommend award to the Proposer with the highest score, or to invite those Proposers in the "Competitive Range" to give an oral presentation. Only those Proposers with the highest rated scores in accordance with the stated criteria and their weights will be invited to give oral presentations. The Evaluation Criteria may be changed for the oral presentations evaluation phase. References and site visits (if completed) shall be included in the final evaluation criteria, along with other criteria and weights as determined by the Selection Committee. During the oral presentations, the Proposers should relate their discussion to the revised evaluation criteria, which will include (but not be limited to) their approach to the Project. The proposed Project Manager should be in attendance. Finalists will be informed as to the revised criteria prior to their oral presentation. 4-8 FINAL SELECTION - The Selection Committee will submit the recommended award to the highest ranked Proposer (with all Proposers in ranked order) to the Town Commission for final approval. The Town will select the Proposer that meets the best interests of the Town. The Town shall be the sole judge of its own best interests, the Proposals, and the resulting negotiated Agreement. The Town's decisions will be final. Upon Town Commission authorization, contract negotiations will be initiated with the first ranked Proposer. If those negotiations are unsuccessful, the Town will formally terminate negotiations with the first ranked Proposer and will commence negotiations with the next ranked Proposer, etc. Upon successful contract negotiations with the prevailing Proposer, the remaining Proposers will be notified that the process has been completed and that they were not selected. RFP No. 2010-01 — Overhead Utility Undergrounding Project Management and Engineering Consulting Services Page 19 TOWN OF JUPITER INLET COLONY RFP NO. 2010-01 Overhead Utility Undergrounding Project Management and Engineering Consulting Services The hereby undersigned representative submits this Proposal and certifies that he or she is an authorized representative of the Proposer who may legally bind the Proposer. *SIGNATURE: Name: Printed Title: Company: Address: Legally registered name City:, Telephone No: Name of Contact Person: Address: Phone Number: E-mail Address: State: Zip: Fax No: Number: Acknowledgement is hereby made of the following Addenda received since issuance of this Request for Proposals: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: *Failure to affix signature may result in disqualification of Proposal. RFP No. 2010-01 — Overhead Utility Undergrounding Project Management and Engineering Consulting Services Page 20 TOWN OF JUPITER INLET COLONY RFP NO. 2010-01 Overhead Utility Undergrounding Project Management and Engineering Consulting Services PROPOSER'S QUALIFICATIONS Each Proposer must complete the following information and submit with their Proposal in order to be considered: Legal Name and Address: City, State, Zip: Phone/Fax: 2. Check One: Corporation ( ) Partnership ( ) Individual ( ) 3. If Corporation, state: Date of Incorporation: State in which Incorporated: 4. If an out-of-state Corporation, currently authorized to do business in Florida, give date of such authorization: 5. Names and Titles of Principal Officers 6. The Proposer's length of time in business: Date Elected: 7. The Proposer's length of time (continuous) in business as a service organization in Florida: 8. Provide a list of at least five references as described herein. 9. Copies of County and/or Municipal Occupational License(s) Note: Information requested herein and submitted by the Proposer will be analyzed by the Town of Jupiter Inlet Colony and may be a factor considered in awarding any resulting Consulting Services Agreement. The purpose is to insure that the Proposers, in the sole opinion of the Town of Jupiter Inlet Colony, can sufficiently and efficiently perform all the required services in a timely and satisfactory manner as will be required by the subject Consulting Services Agreement. If there are any terms and/or conditions that are in conflict, the most stringent requirement shall apply. RFP No. 2010-01 — Overhead Utility Undergrounding Project Management and Engineering Consulting Services Page 21 TOWN OF JUPITER INLET COLONY RFP NO. 2010-01 Overhead Utility Undergrounding Project Management and Engineering Consulting Services LIST OF CURRENT & PERTINENT PROFESSIONAL REFERENCES List of at least five (5) current and pertinent professional references that the Town can contact in relation to Proposer's qualifications, financial stability, and experience. Failure to furnish this information may be grounds for rejection of the Proposal. 1. Name and Address of Firm, City, Count , or Agency Scope of Work: Dates Amount: Contact: Telephone No: For Toren Use Only: Comments: Reference Verified: Yes No 2. Name and Address of Firm, City, County, or Agency Scope of Work: Date(s): Amount: Contact: Telephone No: For Town Use Only: Comments: Reference Verified: Yes No 3. Name and Address of Firm, City, County, or Agency Scope of Work: Date(s): Amount: Contact: Telephone-Wo—.- ele honeNo:For ForTown Use Only: Comments: Reference Verified: Yes No 4. Name and Address of Firm, City, County, or Agency Scope of Work: Date(s): Amount: Contact: Telephone No: For Town Use Only: Comments: Reference Verified: Yes No 5. Name and Address of Firm, City, County, or Agency Scope of Work: Dates Amount: Contact - Tele hone No: For Town Use Only: Comments: Reference Verffied: Yes No Company Name: RFP No. 2010-01 — Overhead Utility Undergrounding Project Management and Engineering Consulting Services Page 22 TOWN OF JUPITER INLET COLONY RFP NO. 2010-01 Overhead Utility Undergrounding Project Management and Engineering Consulting Services DRUG-FREE WORK PLACE CERTIFICATION Whenever two (2) or more bids/Proposals, which are equal with respect to price, quality, and service, are received by the Town of Jupiter Inlet Colony for the procurement of commodities or contractual services, a bid/Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 1. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 2. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number (1). 3. In the statement specified in number (1), notify the employees that as a condition for working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction on or plea of guilty or nolo contendere to any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any singular state, for a violation occurring in the workplace no later than five (5) days after such conviction. 4. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 5. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 287.087, Florida Statutes. This Certification is submitted by of (Title/Position with CompanyNendor) (Individual's Name) (Name of CompanyNendor) Who does hereby certify that said Company/Vendor has implemented a drug-free workplace program, which meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (5) above. Date Signature RFP No. 2010-01 — Overhead Utility Undergrounding Project Management and Engineering Consulting Services Page 23 TOWN OF JUPITER INLET COLONY RFP NO. 2010-01 Overhead Utility Undergrounding Project Management and Engineering Consulting Services EVALUATION CRITERIA Criteria Weight Qualifications, Experience and Capability of Professional Personnel • Expertise, qualifications & experience of the firm, its principals and other personnel to be 40% assigned to the Project, and any subcontractors/suppliers relevant to the Scope of Work, specifically including work on utility underground projects involving FPL *Availability of qualified personnel • Ability to meet set standards • Previous contracting experience with the Town and other governmental agencies, especially in Florida • Evidence of insurance Willingness and Ability to meet Time and Budget Requirements *Conveyance of a willingness to work with Town staff to optimize resources 25% • The ability to satisfactorily convey, via the completeness and responsiveness of their Proposal, a depth of understanding of the Scope of Work and the firm's capacity to accomplish it successfully • High quality level of services to be provided to Town -Hourly rates and total estimated contract price Technical Approach to the Project / Scope of Work • Understanding of Town needs 25% • Approach to the Project and Methodology •Technical Soundness of the Proposal • Applicability of the services offered • Meeting the Town's operational requirements Other • Overall completeness, clarity and quality of Proposal 10% • Location of firm •Time frames and delivery dates / Project Schedule • Innovative Concepts and Recommendations RFP No. 2010.01 — Overhead Utility Undergrounding Project Management and Engineering Consulting Services Page 24