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Agenda 05/27/2014 Item #16A22
5/27/2014 16.A.22. EXECUTIVE SUMMARY Recommendation to award supplemental construction contracts to Preferred Materials, Inc., and M&M Asphalt Maintenance, Inc., for RFP No. 12-5864S, "Annual Roadway Contractors". OBJECTIVE: To provide additional contractors per the Request for Proposal (RFP) No. 12- 5864S, as a supplemental award to Contract No. 12-5864, which is for roadway, intersection, turn lane, sidewalk and pathway improvements for multiple county departments. CONSIDERATIONS: The County has identified the need to enlarge the pool of contractors available to do work under Contract No. 12-5864 and RFP No. 12-5864S was prepared to supplement the current contract. The term of Contract 12-5864S will run concurrently with the existing Contract 12-5864, which expires on September 30, 2014 with two additional renewals. Historically, the county has used the current contract, 12-5864, for the improvement of intersections, roadways, turn lanes, sidewalks, pathways and other concrete and asphalt repair and emergency work. Collectively county departments have spent approximately $912,000 from October 10, 2012, through December 13, 2013, with 82% (or approximately $746,000) of the work issued by the Transportation Engineering Department. The county advertised RFP No. 12-5864S on January 16, 2014, emailed 556 notices and received two (2) proposals by the February 19, 2014, due date. The selection committee met on March 5, 2014, and by consensus ranked the following two firms to be awarded a contract: Preferred Material, Inc. and M&M Asphalt Maintenance, inc. Staff recommends award of RFP No. 12- 5864S "Annual Roadway Contractors" to Preferred Material, Inc. and M&M Asphalt Maintenance, Inc. FISCAL IMPACT: The Transportation Engineering Department of the Growth Management Division has funding appropriated from the following accounts: Roadway Improvements (60016) and Sidewalk hnprovements 69081. The "Annual Roadway Contractors" has an annual historical expenditure of approximately $1.000,000 per year. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. SRT GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners of Collier County approve the award of RFP No. 12-5864S, "Annual Roadway Contractors," to Preferred Material, Inc. and M&M Asphalt Maintenance. Inc, and authorize the Chairman to execute the attached contracts after final review and approval by the County Attorney's Office. Prepared By: Julio F. OrdOfiez, Principal Project Manager, Transportation Engineering Department Attachments: 1) Solicitation; 2) Ranking Sheet from Selection Committee meeting of 3/5/14; and 3) Construction Contracts. Packet Page -719- 5/27/2014 16.A.22. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.22. Item Summary: Recommendation to award supplemental construction contracts to Preferred Materials, Inc., and M&M Asphalt Maintenance, Inc., for RFP No. 12-58645, "Annual Roadway Contractors". Meeting Date: 5/27/2014 Prepared By Name: OrdonezJulio Title: Project Manager,Principal, Transportation Engineering& Construction Management 4/21/2014 9:44:07 AM Submitted by Title: Project Manager, Principal, Transportation Engineering& Construction Management Name: OrdonezJulio 4/21/2014 9:44:08 AM Approved By Name: AhmadJav Title: Director-Transportation Engineering, Transportat Date: 4/23/2014 3:02:56 PM Name: LynchDiane Title: Supervisor- Operations. Road Maintenance Date: 4/23/2014 6:15:06 PM Name: MarkiewiczJoanne Title: Director- Purchasing/General Services, Purchasing& General Services Date: 4/24/2014 7:18:55 AM Name: NauthRookmin Title: Management/Budget Analyst,Transportation Administration Date: 4/24/2014 8:02:30 AM Packet Page -720- 5/27/2014 16.A.22. Name: CaratozzoloCarmelo Title: Project Manager,Principal, Traffic Operations Date: 4/24/2014 9:21:32 AM Name: KhawajaAnthony Title: Chief Engineer-Traffic Operations, Traffic Opera Date: 4/24/2014 2:58:17 PM Name: WardKelsey Title: Manager-Procurement,Purchasing& General Services Date: 4/24/2014 5:15:40 PM Name: Evelyn Colon Title: Purchasing-Procurement Specialist Date: 4/28/2014 4:33:46 PM Name: MarkiewiczJoanne Title: Director-Purchasing/General Services, Purchasing& General Services Date: 4/30/2014 7:18:57 AM Name: KearnsAllison Title: Manager Financial &Operational Support, Transportation Administration Date: 4/30/2014 11:53:06 AM Name: KearnsAllison Title: Manager Financial & Operational Support, Transportation Administration Date: 4/30/2014 11:58:56 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 4/30/2014 4:55:05 PM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 4/30/2014 6:01:40 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/1/2014 9:20:30 AM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management& Budget Date: 5/12/2014 5:59:04 PM Packet Page -721- 5/27/2014 16.A.22. Name: OchsLeo Title: County Manager, County Managers Office Date: 5/18/2014 12:02:25 PM Packet Page -722- 5/27/2014 16.A.22. AGREEMENT 12-5864S For Annual Roadway Contractors THIS AGREEMENT is made and entered into this day of , 2014 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and M & M Asphalt Maintenance, Inc. D/B/A All County Paving authorized to do business in the State of Florida, whose business address is 1302 South J Street, Lake Worth, Florida 33460 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The Contractor shall commence the work upon the issuance of a Purchase Order. The contract term shall commence on Date of Board award and will run concurrently with existing Agreement 12-5864 which is herein incorporated by reference, terminating one (1) year from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed. The Contractor agrees that any Purchase Order that extends beyond the expiration date of Agreement# 12-5864S will survive and remain subject to the terms and conditions of this Agreement until the completion or termination of any Purchase Order. This contract shall only have the renewal options left available under Agreement 12-5864. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: This is a supplemental award to RFP#12-5864. The Board of County Commissioners deemed two (2) additional firms to be pre-qualified and awarded a Contract to each firm. Each awardee will provide complete services for Annual Roadway Contractors on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP #12-5864S and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The procedure to be followed will be determined by the value of the project. The procedures for projects are outlined below: For projects with a value up to $200,000, the procedure is as follows: • Written quotations shall be solicited from all of the awarded firms. The written quotes may be obtained electronically via the On-Line Bidding System, email, fax or written communication. Completion time shall be specified in the Quotation. • Contractor shall respond with the information and/or proposal sought within seven (7) business days or as specified by the Project Manager. Page -1- 12-5864S Annual Roadway Contractors Packet Page -723- (A 5/27/2014 16.A.22. • Owner may negotiate terms and conditions. • Issuance by Owner of a numbered Purchase Order. • Certification of Final Completion required by County in order for Contractor to receive final payment. Proiects exceeding the $200,000 threshold will be formally bid. If an awarded contractor does not participate in the quoting process three (3) consecutive times, the contractor shall be prohibited from participating in the quoting process for six (6) months and possible contract termination. 2.1 USE OF SUBCONTRACTORS: For any project quoted under this Agreement, Contractor must be qualified and directly responsible for 51% or more of the quotation amount for said work. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this contract provided sufficient funds are included in its budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Kenneth Goldberg M & M Asphalt Maintenance, Inc. D/B/A All County Paving 1302 South J Street Lake Worth, FL 33460 Phone: 516-588-0949 Fax: 561-588-2140 Email: info(a allcountvpavinq.com All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Attention: Joanne Markiewicz, Director, Procurement Services Phone: 239-252-8470 Fax: 239-252-6480 Email: ioannemarkiewicz(cr�colliergov.net The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. Page -2- 12-5864S Annual Roadway Contractors Packet Page -724- CAo 5/27/2014 16.A.22. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. Page -3- 12-5864S Annual Roadway Contractors Packet Page -725- 5/27/2014 16.A.22. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 11.1 The duty to defend under this Article 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. PAYMENTS: Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. 13. PAYMENTS WITHHELD: Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (c) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (d) reasonable indication that the Work will not be completed within the Contract Time; (e) Page -4- 12-5864S Annual Roadway Contractors Packet Page -726- te) 5/27/2014 16.A.22. unsatisfactory prosecution of the Work by the Contractor; or (f) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. 14. SUBMITTALS AND SUBSTITUTIONS: Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 15. CONTRACT TIME AND TIME EXTENSIONS: A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 16. CHANGES IN THE WORK: Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such modifications are authorized. 17. ADDITIONAL ITEMS/SERVICES: Additional items and/or services may be added to this contract in accordance with the Purchasing Ordinance and Purchasing Procedures. Page -5- 12-5864S Annual Roadway Contractors Packet Page -727- G 5/27/2014 16.A.22. 18. COMPLIANCE WITH LAWS: Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3))). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 19. CLEAN UP: Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 20. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 21. WARRANTY: Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 22. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES: The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 23. TESTS AND INSPECTIONS: If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates Page -6- 12-5864S Annual Roadway Contractors Packet Page -728- 1 r 5/27/2014 16.A.22. of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 24. PROTECTION OF WORK: A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 25. EMERGENCIES: In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 26. COMPLETION: Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, final invoice will be submitted for review. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 27. CONTRACT ADMINISTRATION: This Agreement shall be administered on behalf of the County by the Growth Management Division. 28. COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate(s), Agreement 12-5864, RFP# Page -7- 12-5864S Annual Roadway Contractors Packet Page -729- �, 5/27/2014 16.A.22. 12-5864S, any addenda, any Quotation made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations. 29. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or individual shall offer or give, eTher directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County or . as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, irm., and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immeia` tern;.:, tion of any contract held by the individual and/or firm for cause. 30. SUBJEC " _t. _pPPROPRIATION: It is further understood and agreed, by and between the parties hE- : i that this Agreement is subject to appropriation by the Board of County Commissioners. 31. SALES TAX: Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup . ,r ec to sales tax. 32. IMMIGRA`i it- !J rkf COMPLIANCE: By executing and entering into this agreement, the Contractor t 'cHowledging without exception or stipulation that it is fully responsible for complying Jiti :: dons of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor 'n d-omply with the laws referenced herein shall constitute a breach of this agreement and the Cc,Mt> 3h":-IN have the discretion to unilaterally terminate this agreement immediately. 33. VENUE: Ar t' _ ' r . . '-ion brought by either party to this Agreement against the other party relating to of this Agreement must be brought in the appropriate federal or state courts in C Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 35. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, il_ whole or in part, the remaining portion of this Agreement shall remain in effect. 36. SECURITY. e;aired, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. Page -8- 12-5864S Annual Roadway Contractors Packet Page -730- �� 5/27/2014 16.A.22. 37. DISPUTE RESOLUTION: Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 38. SAFETY: All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Department Safety Manager and/or Safety Engineer. * ********************************* Remainder of page intentionally left blank ************** ***************** Page -9- 12-5864S Annual Roadway Contractors Packet Page -731- 5/27/2014 16.A.22. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Tom Henning, Chairman Dated: (Seal) M & M Asphalt Maintenance, Inc. D/B/A All County Paving Contractor By: First Witness Signature Type/Print Witness Name Typed Signature Second Witness Title Type/Print Witness Name Approved as to form and legality: Assistant County Attorney Page -10- 12-58645 Annual Roadway Contractors Packet Page -732- ce) 5/27/2014 16.A.22. AGREEMENT 12-5864S For Annual Roadway Contractors THIS AGREEMENT is made and entered into this day of , 2014 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Preferred Materials, Inc. authorized to do business in the State of Florida, whose business address is 1301 Telecom Drive, Suite 101, Tampa, Florida 33637 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The Contractor shall commence the work upon the issuance of a Purchase Order. The contract term shall commence on Date of Board award and will run concurrently with existing Agreement 12-5864 which is herein incorporated by reference, terminating one (1) year from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed. The Contractor agrees that any Purchase Order that extends beyond the expiration date of Agreement # 12-5864S will survive and remain subject to the terms and conditions of this Agreement until the completion or termination of any Purchase Order. This contract shall only have the renewal options left available under Agreement 12-5864. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: This is a supplemental award to RFP#12-5864. The Board of County Commissioners deemed two (2) additional firms to be pre-qualified and awarded a Contract to each firm. Each awardee will provide complete services for Annual Roadway Contractors on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP #12-5864S and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The procedure to be followed will be determined by the value of the project. The procedures for projects are outlined below: For projects with a value up to $200,000, the procedure is as follows: • Written quotations shall be solicited from all of the awarded firms. The written quotes may be obtained electronically via the On-Line Bidding System, email, fax or written communication. Completion time shall be specified in the Quotation. • Contractor shall respond with the information and/or proposal sought within seven (7) business days or as specified by the Project Manager. • Owner may negotiate terms and conditions. Page -1- 12-5864S Annual Roadway Contractors Packet Page -733- CA 5/27/2014 16.A.22. • Issuance by Owner of a numbered Purchase Order. • Certification of Final Completion required by County in order for Contractor to receive final payment. Projects exceeding the $200,000 threshold will be formally bid. If an awarded contractor does not participate in the quoting process three (3) consecutive times, the contractor shall be prohibited from participating in the quoting process for six (6) months and possible contract termination. 2.1 USE OF SUBCONTRACTORS: For any project quoted under this Agreement, Contractor must be qualified and directly responsible for 51% or more of the quotation amount for said work. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this contract provided sufficient funds are included in its budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Angelia McElroy Preferred Materials, Inc. 5701 East Hillsborough Avenue Suite 1122 Tampa, FL 33610 Phone: 813-612-5740 Fax: 813-664-8526 Email: angie.mcelroypreferredmaterials.com All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Attention: Joanne Markiewicz, Director, Procurement Services Phone: 239-252-8470 Fax: 239-252-6480 Email: ioannemarkiewicz(a�colliergov.net The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. Page -2- 12-5864S Annual Roadway Contractors Packet Page -734- CA 5/27/2014 16.A.22. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. Page -3- 12-58643 Annual Roadway Contractors Packet Page -735- 5/27/2014 16.A.22. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 11.1 The duty to defend under this Article 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. PAYMENTS: Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. 13. PAYMENTS WITHHELD: Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (c) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (d) reasonable indication that the Work will not be completed within the Contract Time; (e) Page -4- 12-5864S Annual Roadway Contractors Packet Page -736- 5/27/2014 16.A.22. unsatisfactory prosecution of the Work by the Contractor; or (f) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. 14. SUBMITTALS AND SUBSTITUTIONS: Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 15. CONTRACT TIME AND TIME EXTENSIONS: A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 16. CHANGES IN THE WORK: Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such modifications are authorized. 17. ADDITIONAL ITEMS/SERVICES: Additional items and/or services may be added to this contract in accordance with the Purchasing Ordinance and Purchasing Procedures. Page -5- 12-5864S Annual Roadway Contractors Packet Page -737- CP 5/27/2014 16.A.22. 18. COMPLIANCE WITH LAWS: Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3))). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 19. CLEAN UP: Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 20. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 21. WARRANTY: Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 22. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES: The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 23. TESTS AND INSPECTIONS: If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates Page -6- 12-5864S Annual Roadway Contractors Packet Page -738- 5/27/2014 16.A.22. of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 24. PROTECTION OF WORK: A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 25. EMERGENCIES: In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 26. COMPLETION: Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, final invoice will be submitted for review. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 27. CONTRACT ADMINISTRATION: This Agreement shall be administered on behalf of the County by the Growth Management Division. 28. COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate(s), Agreement 12-5864, RFP# Page -7- 12-58648 Annual Roadway Contractors Packet Page -739- 5/27/2014 16.A.22. 12-5864S, any addenda, any Quotation made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations. 29. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 30. SUBJECT TO APPROPRIATION: It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 31. SALES TAX: Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 32. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 33. VENUE: Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 35. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 36. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. Page -8- 12-5864S Annual Roadway Contractors Packet Page -740- 5/27/2014 16.A.22. 37. DISPUTE RESOLUTION: Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 38. SAFETY: All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Department Safety Manager and/or Safety Engineer. ********************************* Remainder of page intentionally left blank ******************************** Page -9- 12.5864S Annual Roadway Contractors Packet Page -741- C�' g 4 5/27/2014 16.A.22. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Tom Henning, Chairman Dated: (Seal) Preferred Materials, Inc. Contractor By: First Witness Signature Type/Print Witness Name Typed Signature Second Witness Title Type/Print Witness Name Approved as to form and legality: Assistant County Attorney Page -10- 12-58645 Annual Roadway Contractors Packet Page -742- 4/110 5/27/2014 16.A.22. REQUEST FOR PROPOSAL er County AdminisratT've Services DNislon P uruhasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS RFP 12-5864S "Annual Roadway Contractors" Evelyn Colon, Procurement Strategist (239) 252-2667(Telephone) (239) 252-2810 (Fax) evelyncolon @colliergov.net(Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Packet Page -743- 5/27/2014 16.A.22. Table of Contents LEGAL NOTICE 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 11 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP 14 ATTACHMENT 1: VENDOR'S NON-RESPONSE STATEMENT 21 ATTACHMENT 2: VENDOR CHECK LIST 22 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT 23 ATTACHMENT 4: VENDOR DECLARATION STATEMENT 24 ATTACHMENT 5: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 26 ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION 27 ATTACHMENT 7: VENDOR SUBSTITUTE W—9 28 ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS 29 ATTACHMENT 9: REFERENCE QUESTIONNAIRE 31 SCOPE OF SERVICES 32 RFP 12-5864S Roadway Contractors 2 Packet Page -744- 5/27/2014 16.A.22. Cie-r C.,ovinty Ad nini at,'e Services DiVISiall �`.ur:hasirC Legal Notice Sealed Proposals to provide roadway construction services will be received until 3:00 pm Naples local time, on February 19, 2014 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. ITB 12-5864S Annual Roadway Contractors Services to be provided shall include, but not be limited to the following: construction services including supplying, delivering, creating and installing asphalt, concrete, cement paving and related services for work in the right of way, intersections, turn lanes, etc. A pre-proposal conference will not be held for this solicitation. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department E- Procurement website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Interim Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County Government Center on January 16, 2013. RFP 12-5864S Roadway Contractors 3 Packet Page -745- 5/27/2014 16.A.22. Exhibit I: Scope of Work, Specifications and Response Format As requested by multiple Collier County Departments (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated herein. Detailed Scope of Work— See Exhibit A. The procedure to be followed is outlined below: For projects with a value up to $200,000 are as follows: • Written quotations shall be solicited from all of the awarded firms. The written quotes may be obtained electronically via the On-Line Bidding System, email or written communication. Completion time shall be specified in the Quotation. • Contractor shall respond with the information and/or proposal sought within seven (7) business days or as specified by the Project Manager. • Owner may negotiate terms and conditions. • Issuance by Owner of a numbered Purchase Order. • Certification of Final Completion required by County in order for contractor to receive final payment. Projects exceeding the $200,000 threshold will be formally bid. If an awarded contractor does not participate in the quoting process three (3) consecutive times, the contractor shall be prohibited from participating in the quoting process for six months and possible contract termination. Term of Contract The contract term, if an award(s) is/are made is intended to be for one year with three (3) one year renewals. Contact will be in the form of a standard County agreement. The Contractor agrees that any Purchase Order that extends beyond the expiration date of Agreement # 12-5864S resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Purchase Order. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice 1/16/2014 Last Date for Receipt of Written Questions 1/23/2014 Addendum Issued 1/30/2014 Solicitation Deadline Date and Time 2/19/14 © 3:00PM Anticipated Evaluation of Submittals February 2014 Anticipated Board of County Approval March 2014 RFP 12-5864S Roadway Contractors 4 Packet Page -746- 5/27/2014 16.A.22. Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non- responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. Tab I, Cover Letter/ Management Summary Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. List all proposed subcontractors who will participate on the team. Tab II: Proposer's Credentials, Previous Performance and Project Understanding (Maximum 30 Points/Maximum 20 Pages): Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s), and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Proposer's certification that the Proposer will accept any awards made to him as a result of said submission of the terms contained therein. Proposers shall provide, in detail, their credentials for providing Roadway Contracting Services and any information which documents successful and reliable experience in past performance, especially those performances related to the requirements of this solicitation. Include a description of the Proposer's business history and number of years in operation. Related project experience shall be restricted to those assignments undertaken within the last five (5) years. Include a list of projects that were performed in the County's roadways. Higher points will be given to those Proposers who demonstrate a current work history of maintaining/constructing County/State arterial roadways and experience in Maintenance of Traffic (MOT). Provide a narrative of the Proposer understanding of the overall intent of the services. Identify any issues or concerns of significance that may be appropriate. Should subcontractor(s) be listed as a part of the project team, the Proposer shall provide a letter from each subcontractor that indicates the subcontractor's intent to be a part of the RFP 12-5864S Roaaway Contractors 5 Packet Page -747- 5/27/2014 16.A.22. project team. Proposals submitted without the referenced letter(s) may result in the subcontractor's qualifications being eliminated from the review process. Proposer's ability to provide a complete proposal will be considered representative of the firm's responsiveness. Points will be deducted under this item for failure to submit all information as requested in this RFP. Tab III, Staff/Subcontractors Credentials (Maximum 20 Points/Maximum 15 Pages): In this tab, include: • Description of the proposed contract team and the role to be played by each member of the proposed team. • Detailed plan of approach. • The Proposer shall include the name, title, address and telephone number of persons who will both manage and be assigned to perform services under the proposal. Brief Biographies: A brief one (1) page bio, including references, detailing educational qualifications and previous work assignments related to this RFP for each person who will perform the services required shall be included. Failure to do so may be cause for rejection of the proposal. Credentials will be subject to verification. In the event there should be a change in the person(s) names assigned to perform the services under this contract, the Contractor shall submit, for approval to the County, the credentials and resumes of the person(s) the Contractor wishes to perform the services under this Contract. Tab IV: Corporate Experience and Capacity Current Workload (Maximum 30 Points/Maximum 10 Pages): Provide a statement as to what effect your current workload will have on your ability to perform this work. Provide information that documents your firm and subcontractors' qualifications to produce the required outcomes, including its ability, capacity, skill, and financial strength, and number of years of experience in providing the required services. Also describe the various team members' successful experience in working with one another on previous projects. List Current Projects in the Format Identified Below Project Original Final Project Chang Start Date End Date g Description Budget Cost Orders Tab V, References (Maximum 10 Points) In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the vendor in their proposal. RFP 12-5864S Roadway Contractors 6 Packet Page -748- 5/27/2014 16.A.22. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total each of the vendor's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score. • The next highest vendor's number of points will be divided by the highest vendor's points which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's point score will be calculated in the same manner. • Points awarded will be extended to the first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Vendor Name Vendor Total Reference Points Awarded Score Vendor ABC 445 10 Vendor DEF 435 9.8 Vendor GHI 425 9.6 Vendor JKL 385 8.7 Vendor MNO 385 8.7 Note:Sample chart reflects a 10 point reference criterion. The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. Tab VI, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. Tab VII, Required Form Submittals • Attachment 2: Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement • Attachment 5: Affidavit for Claiming Status as a Local Business • Attachment 6: Immigration Affidavit Certification • Attachment 7: Vendor Substitute W-9 • Attachment 8: Insurance and Bonding Requirements • Attachment 9: Reference Questionnaire RFP 12-5864S Roadway Contractors 7 Packet Page -749- 5/27/2014 16.A.22. Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department E-Procurement website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department E- Procurement website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference (If Applicable) The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 3:00 pm, Naples local time, on or before February 19, 2014 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Evelyn Colon, Procurement Strategist RFP 12-5864S Roadway Contractors 8 Packet Page -750- 5/27/2014 16.A.22. The County shall not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Vendor's personnel or by the Vendor's outside carrier. However, the Purchasing/General Services Director, or designee, shall reserve the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which shall include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one (1) paper copies with one copy clearly labeled "Master," and five (5) compact disks (CD's) with one copy of the proposal on each CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution Number 2006-268 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals The County's procedure for selecting is as follows: 1. The County Manager shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist and Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings shall be open to the public and the Procurement Strategist shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance of all such meetings. 5. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Procurement Strategist shall also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. RFP 12-5864S Roadway Contractors 9 Packet Page -751- 5/27/2014 16.A.22. 7. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Proposer's Credentials, Previous Performance & Project Understanding 30 Staff/Subcontractors Credentials 20 Corporate Experience & Capacity Current Workload 30 Customer and Reference Listing 10 Local Vendor Preference 10 TOTAL 100 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion. RFP 12-5864S Roadway Contractors 10 Packet Page -752- 5/27/2014 16.A.22. Exhibit Ill: Collier County Purchase Order Terms and Conditions 1. Offer specifically stated in this Purchase Order. This offer is subject to cancellation by the COUNTY Unless otherwise provided in Purchase Order, without notice if not accepted by VENDOR within no invoices shall be issued nor payments made fourteen (14) days of issuance. prior to delivery. Unless freight and other charges are itemized, any discount will be 2. Acceptance and Confirmation taken on the full amount of invoice. This Purchase Order (including all documents c) All shipments of goods scheduled on the same attached to or referenced therein) constitutes the day via the same route must be consolidated. entire agreement between the parties, unless Each shipping container must be consecutively otherwise specifically noted by the COUNTY on the numbered and marked to show this Purchase face of this Purchase Order. Each delivery of Order number. The container and Purchase goods and/or services received by the COUNTY Order numbers must be indicated on bill of from VENDOR shall be deemed to be upon the lading. Packing slips must show Purchase terms and conditions contained in this Purchase Order number and must be included on each Order. package of less than container load (LCL) shipments and/or with each car load of No additional terms may be added and Purchase equipment. The COUNTY reserves the right to Order may not be changed except by written refuse or return any shipment or equipment at instrument executed by the COUNTY. VENDOR is VENDOR'S expense that is not marked with deemed to be on notice that the COUNTY objects Purchase Order numbers. VENDOR agrees to to any additional or different terms and conditions declare to the carrier the value of any shipment contained in any acknowledgment, invoice or other made under this Purchase Order and the full communication from VENDOR, notwithstanding the invoice value of such shipment. COUNTY'S acceptance or payment for any delivery d) All invoices must contain the Purchase Order of goods and/or services, or any similar act by number and any other specific information as VENDOR. identified on the Purchase Order. Discounts of prompt payment will be computed from the date 3. Inspection of receipt of goods or from date of receipt of All goods and/or services delivered hereunder shall invoices, whichever is later. Payment will be be received subject to the COUNTY'S inspection made upon receipt of a proper invoice and in and approval and payment therefore shall not compliance with Chapter 218, Fla. Stats., constitute acceptance. All payments are subject to otherwise known as the "Local Government adjustment for shortage or rejection. All defective Prompt Payment Act," and, pursuant to the or nonconforming goods will be returned pursuant Board of County Commissioners Purchasing to VENDOR'S instruction at VENDOR'S expense. Policy. To the extent that a purchase order requires a 5. Time Is Of the Essence series of performances by VENDOR, the COUNTY Time for delivery of goods or performance of prospectively reserves the right to cancel the entire services under this Purchase Order is of the remainder of the Purchase Order if goods and/or essence. Failure of VENDOR to meet delivery services provided early in the term of the Purchase schedules or deliver within a reasonable time, as Order are non-conforming or otherwise rejected by interpreted by the COUNTY in its sole judgment, the COUNTY. shall entitle the COUNTY to seek all remedies 4. Shipping and Invoices available to it at law or in equity. VENDOR agrees a) All goods are FOB destination and must be to reimburse the COUNTY for any expenses suitably packed and prepared to secure the incurred in enforcing its rights. VENDOR further lowest transportation rates and to comply with agrees that undiscovered delivery of all carrier regulations. Risk of loss of any nonconforming goods and/or services is not a goods sold hereunder shall transfer to the waiver of the COUNTY'S right to insist upon further COUNTY at the time and place of delivery; compliance with all specifications. provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless 6. Changes remain with VENDOR. The COUNTY may at any time and by written b) No charges will be paid by the COUNTY for notice make changes to drawings and packing, crating or cartage unless otherwise specifications, shipping instructions, quantities and REP 12-5864S Roadway Contractors 11 Packet Page -753- 5/27/2014 16.A.22. delivery schedules within the general scope of this arise out of or are incident to the goods and/or Purchase Order. Should any such change increase services to be provided hereunder. or decrease the cost of, or the time required for performance of the Purchase Order, an equitable 11. Warranty of Non-Infringement adjustment in the price and/or delivery schedule will VENDOR represents and warrants that all goods be negotiated by the COUNTY and VENDOR. sold or services performed under this Purchase Notwithstanding the foregoing, VENDOR has an Order are: a) in compliance with applicable laws; b) affirmative obligation to give notice if the changes do not infringe any patent, trademark, copyright or will decrease costs. Any claims for adjustment by trade secret; and c) do not constitute unfair VENDOR must be made within thirty (30) days from competition. the date the change is ordered or within such additional period of time as may be agreed upon by VENDOR shall indemnify and hold harmless the the parties. COUNTY from and against any and all claims, including claims of negligence, costs and expense, 7. Warranties including but not limited to attorneys' fees, which VENDOR expressly warrants that the goods and/or arise from any claim, suit or proceeding alleging services covered by this Purchase Order will that the COUNTY'S use of the goods and/or conform to the specifications, drawings, samples or services provided under this Purchase Order are other descriptions furnished or specified by the inconsistent with VENDOR'S representations and COUNTY, and will be of satisfactory material and warranties in section 11 (a). quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered If any claim which arises from VENDOR'S breach free from any security interest or other lien, of section 11 (a) has occurred, or is likely to occur, encumbrance or claim of any third party. These VENDOR may, at the COUNTY'S option, procure warranties shall survive inspection, acceptance, for the COUNTY the right to continue using the passage of title and payment by the COUNTY. goods or services, or replace or modify the goods or services so that they become non-infringing, 8. Statutory Conformity (without any material degradation in performance, Goods and services provided pursuant to this quality, functionality or additional cost to the Purchase Order, and their production and COUNTY). transportation shall conform to all applicable laws, including but not limited to the Occupational Health 12. insurance Requirements and Safety Act, the Federal Transportation Act and The VENDOR, at its sole expense, shall provide the Fair Labor Standards Act, as well as any law or commercial insurance of such type and with such regulation noted on the face of the Purchase Order. terms and limits as may be reasonably associated with the Purchase Order. Providing and 9. Advertising maintaining adequate insurance coverage is a No VENDOR providing goods and services to the material obligation of the VENDOR. All insurance COUNTY shall advertise the fact that it has policies shall be executed through insurers contracted with the COUNTY for goods and/or authorized or eligible to write policies in the State of services, or appropriate or make use of the Florida. COUNTY'S name or other identifying marks or property without the prior written consent of the 13. Compliance with Laws COUNTY'S Purchasing Department. In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances 10. Indemnification that are applicable to the conduct of its business. VENDOR shall indemnify and hold harmless the By way of non-exhaustive example, this shall COUNTY from any and all claims, including claims include the American with Disabilities Act and all of negligence, costs and expenses, including but prohibitions against discrimination on the basis of not limited to attorneys' fees, arising from, caused race, religion, sex creed, national origin, handicap, by or related to the injury or death of any person marital status, or veterans' status. Further, (including but not limited to employees and agents VENDOR acknowledges and without exception or of VENDOR in the performance of their duties or stipulation shall be fully responsible for complying otherwise), or damage to property (including with the provisions of the Immigration Reform and property of the COUNTY or other persons), which Control Act of 1986 as located at 8 U.S.C. 1324, et RFP 12-5864S Roadway Contractors 12 Packet Page -754- 5/27/2014 16.A.22. seq. and regulations relating thereto, as either may be terminated immediately by the COUNTY for be amended. Failure by the awarded firm(s) to breach by VENDOR of the terms and conditions of comply with the laws referenced herein shall this Purchase Order, provided that COUNTY has constitute a breach of the award agreement and the provided VENDOR with notice of such breach and County shall have the discretion to unilaterally VENDOR has failed to cure within 10 days of terminate said agreement immediately. Any breach receipt of such notice. of this provision may be regarded by the COUNTY as a material and substantial breach of the contract 19. General arising from this Purchase Order. a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any 14. Force Majeure action brought to specifically enforce any of the Neither the COUNTY nor VENDOR shall be terms and conditions of this Purchase Order responsible for any delay or failure in performance shall be the Twentieth Judicial Circuit in and for resulting from any cause beyond their control, Collier County, Florida including, but without limitation to war, strikes, civil b) Failure of the COUNTY to act immediately in disturbances and acts of nature. When VENDOR response to a breach of this Purchase Order by has knowledge of any actual or potential force VENDOR shall not constitute a waiver of majeure or other conditions which will delay or breach. Waiver of the COUNTY by any default threatens to delay timely performance of this by VENDOR hereunder shall not be deemed a Purchase Order, VENDOR shall immediately give waiver of any subsequent default by VENDOR. notice thereof, including all relevant information c) All notices under this Purchase Order shall be with respects to what steps VENDOR is taking to sent to the respective addresses on the face complete delivery of the goods and/or services to page by certified mail, return receipt requested, the COUNTY. by overnight courier service, or by personal delivery and will be deemed effective upon 15. Assignment receipt. Postage, delivery and other charges VENDOR may not assign this Purchase Order, nor shall be paid by the sender. A party may any money due or to become due without the prior change its address for notice by written notice written consent of the COUNTY. Any assignment complying with the requirements of this section. made without such consent shall be deemed void. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with 16. Taxes this Purchase Order in accordance with Florida Goods and services procured subject to this Statute Chapter 112.061, Per Diem and Travel Purchase Order are exempt from Florida sales and Expenses for Public Officers, employees and use tax on real property, transient rental property authorized persons. rented, tangible personal purchased or rented, or e) In the event of any conflict between or among services purchased (Florida Statutes, Chapter 212), the terms of any Contract Documents related to and from federal excise tax. this Purchase Order, the terms of the Contract Documents shall take precedence over the 17. Annual Appropriations terms of the Purchase Order. To the extent The COUNTY'S performance and obligation to pay any terms and /or conditions of this Purchase under this Purchase Order shall be contingent upon Order duplicate or overlap the Terms and an annual appropriation of funds. Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that 18. Termination are most favorable to the County and/or This Purchase Order may be terminated at any provide the greatest protection to the County time by the COUNTY upon 30 days prior written shall govern. notice to the VENDOR. This Purchase Order may RFP 12-5864S Roadway Contractors 13 Packet Page -755- 5/27/2014 16.A.22. Exhibit IV: Additional Terms and Conditions for RFP 1. insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such RFP 12-5864S Roadway Contractors 14 Packet Page -756- 5/27/2014 16.A.22. coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 51% or more of the solicitation amount for said work. 5. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 7. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: REP 12-5864S Roadway Contractors 15 Packet Page -757- 5/27/2014 16.A.22. Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or, emailed to: bccapclerki .coliierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. Collier County cautions vendors to consider both methods of payment when determining pricing as no additional surcharges or fees will be considered (per Rules for VISA Merchants and MasterCard Merchant Rules). The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests shall be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices must be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 8. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions RFP 12-5864S Roadway Contractors 16 Packet Page -758- 5/27/2014 16.A.22. that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-2477. 10. Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 11. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 12. Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. RFP 12-5864S Roadway Contractors 17 Packet Page -759- 5/27/2014 16.A.22. 13. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 14. Certificate of Authority to Conduct Business in the State of Florida (FL Statute 607A 501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.orq/search.html). A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 15. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 16. Protest Procedures Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. 17. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or RFP 12-5864S Roadway Contractors 18 Packet Page -760- 5/27/2014 16.A.22. services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 18. Security and Background Checks If required, Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. 19. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 20. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 21. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to RFP 12-5864S Roadway Contractors 19 Packet Page -761- 5/27/2014 16.A.22. provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Proposer does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.qov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 22. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well- being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude said Vendor from being considered for local preference under this solicitation. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. RFP 12-5864S Roadway Contractors 20 Packet Page -762- 5/27/2014 16.A.22. :per County .Aram,nistratme Services Division ur:teasing Attachment 1: Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to RFP 12-5864S Annual Roadway Contractors for the following reason(s): n Services requested not available through our company. Our firm could not meet specifications/scope of work. �I Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) Project is too small. n Insufficient time allowed for preparation of response. • Incorrect address used. Please correct mailing address: Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date RFP 12-5864S Roadway Contractors 21 Packet Page-763- 5/27/2014 16.A.22. aaer County .kdrrinstratv=SSer\a-es ='urzha sing Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: The Proposal has been signed. 7 All applicable forms have been signed and included, along with licenses to complete the requirements of the project. E Any addenda have been signed and included. The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Evelyn Colon, Procurement Strategist 7 The mailing envelope must be sealed and marked with Solicitation RFP 12-5864S Annual Roadway Contractors The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date RFP 12-5864S Roadway Contractors 22 Packet Page -764- 5/27/2014 16.A.22. Ce0 7eir Countiy Admnstratve Service Dlyission Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this day of , 2012, by , who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires RFP 12-5864S Roadway Contractors 23 Packet Page -765- 5/27/2014 16.A.22. Co Tiler County w,cirninist,_•tc e Services Division °urhasing Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: RFP 12-5864S —Annual Roadway Contractors Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by Solicitation: RFP 12-5864S — Annual Roadway Contractors. (Proposal Continued on Next Page) RFP 12-5864S Roadway Contractors 24 Packet Page -766- 5/27/2014 16.A.22. PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 2012 in the County of , in the State of Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number: Federal Tax Identification Number Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State,ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email RFP 12-5864S Roadway Contractors 25 Packet Page-767- 5/27/2014 16.A.22. Co—iger y A^,drn nis rative Services Division wrz,hasin9 Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: RFP 12-5864S —Annual Roadway Contractors (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or ❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Collier or Lee County Address: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 2012. Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) RFP 12-5864S Roadway Contractors 26 Packet Page -768- 5/27/2014 16.A.22. Goiter' o',tier Covoity Aarnnisira5ve Services Ds'isIon Purthas na Attachment 6: Immigration Affidavit Certification Solicitation: RFP 12-5864S —Annual Roadway Contractors This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor / Bidder's proposal as non- responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 2012, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. RFP 12-5864S Roadway Contractors 27 Packet Page -769- 5/27/2014 16.A.22. o er aunty Administrative Services Duision Purchasing Attachment 7: Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) Individual/Sole Proprietor _Corporation _Partnership Tax Exempt (Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D =Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number RFP 12-5864S Roadway Contractors 28 Packet Page -770- 5/27/2014 16.A.22. Co ie-r Comity Administrative Services Division z)urchasina Attachment 8: Insurance and Bonding Requirements Insurance/ Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ❑ Employer's Liability $1,000.000 single limit per occurrence 3. ❑ Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $2000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ❑ Automobile Liability $ 1.000.000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate Packet Page -771- 5/27/2014 16.A.22. 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ❑ The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. 11. ❑ Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number RFP 12-5864S Roadway Contractors 30 Packet Page -772- 5/27/2014 16.A.22. GclEier Galt ty Fdmenistra e Services Diosion Purim sing Attachment 9: Reference Questionnaire Solicitation: RFP 12-5864S —Annual Roadway Contractors Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Completion Date: Project Budget: Project Number of Days: Change Orders - Dollars Added : Change Orders - Days Added: Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Close out project process (final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow County policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By RFP 12-5864S Roadway Contractors 31 Packet Page -773- 5/27/2014 16.A.22. EXHIBIT A— SCOPE OF WORK Program Description Collier County is seeking the services of three or more Roadway Contractors licensed in the State of Florida, to provide complete construction services. Services shall include roadway installation, and not be limited to, the following: 1. Work may require lengthening or otherwise modifying left and right turn lanes along County arterial and collector roadways. This work would typically include, but not be limited to: removal of existing grass or plantings; removal of existing curbing; excavation for new turn lane area; placement of base material and paving; drainage; adjustment of utilities, if present, including irrigation and electric service; revisions to signing, pavement marking and striping; any other additional work necessary to provide a lengthened or otherwise modified turn lane. 2. Work required modifying median openings along County arterial and collector roadways. This work would be similar to that outlined above in Item 1, however, there may be no existing grass or plantings present. New grass or plantings may be required on a case-by case-basis. 3. Work required providing improvements at the intersections or extension of roadways. This work could have some or all of the elements outlined in Items 1 and 2 above. Work in this category, and the other categories, could also include removal and replacement or construction of new sidewalk, including ramps for the handicapped, and constructing swales. 4. Work of a similar nature and not specifically outlined above. 5. Maintenance of Traffic/Traffic Control and Protection will be a part of all projects and will be in accordance with FDOT and Collier County standards and requirements of the Maintenance of Traffic Policy, copies of which are available through the Risk Management and/or Purchasing Departments. The Project Manager will have the discretion require replacement of sub-contractor(s) on a project. The selected Contractor(s) will be responsible for providing complete construction services for a wide range of projects that may be required by any of the Collier County. The selected firms shall be responsible for knowledge of and compliance with all relative local, state and federal codes and regulations. Selected Contractor(s) shall provide the County with a one (1) year warranty for all work performed. This warranty will not go into effect until the project has been completed to the County's total satisfaction. Due to the nature of activities conducted, Collier County reserves the right to perform background checks on persons employed to perform services in connection with the contract. Work that is requested of the Contractor(s) in the County Jails will require thorough background checks of personnel and a search of tools/materials taken into the jails. This contract shall be available for use by all County departments. RFP 12-5864S Roadway Contractors 32 Packet Page -774- 5/27/2014 16.A.22. "E) C co 00 a) c mc o o E.-f5, iL ct N--- N C a) E CL) cN a) D CO U 9) O Q c- o O N U o C C.1 >, as TL) E W O U '2 > >' LE U C co as O a) w ,. C j f.,JJ m 1 = Q. n' L Jr a � �- 06 Ix i= n_ 2 n Packet Page -775-