Agenda 09/11/2012 Item #11DEXECUTIVE SUMMARY
Recommendation to approve the award of Request for Proposal (RFP) #12- -5864 Annual Roadway
Contractors to multiple firms for an annual "not to ex eed" expenditure of $1,500,000.
OBJECTIVE: To provide as needed road construction, intersection, turn lane, sidewalks and
pathways improvements for multiple County departments.
CONSIDERATIONS: Historically, staff from Coastal Zone, Parks and Recreation, Public
Utilities and Transportation Engineering have used the predecessor contracts for on -call
maintenance of intersections and road improvements, turn lanes, sidewalks, pathways and other
concrete and asphalt repair and emergency work. These departments have spent approximately
$3.9M on the predecessor contract, with 94% (or $3.6M) of past dollars being issued by the
Transportation Engineering department.
The solicitation was re- written to provide the purcha' ing mechanism for staff to respond quickly
and efficiently, and provide contractors with an understanding of the County's anticipated
projects and expenditures. For work with a value up to $200,000, the solicitation of work would
be as follows:
• Written quotations shall be solicited from a
may be obtained electronically via the C
communication. Completion time shall be sp
• Contractor shall respond with the informal
business days or as specified by the Project 1
• Owner may negotiate terms and conditions o
• Issuance by Owner of a numbered Purchase
Certification of Final Completion required 1
final payment.
All awarded firms will be invited to participate in
exceed $200,000 will be bid out separately.
of the awarded firms. The written quotes
-Line Bidding System, email or written
;ified in the Quotation.
1 and/or proposal, sought within sever (7)
the quote.
County in order for contractor to receive
quoting process. Projects anticipated to
The County advertised RFP #12 -5864 on March 21, 2012, and emailed 1,569 notices and
received seven (7) proposals by the April 16, 2012 due date. The selection committee met
initially on May 14, 2012 and by consensus rankeq the following four firms to be awarded a
contract: Quality Enterprises, Community Asphalt Corp., Bonness, Inc. and Ajax Paving
Industries of Florida LLC. Minor calculation errors'were discovered after review of the score
sheets and the committee reconvened on May 30, 202; that subsequent meeting of the selection
committee members did not change the final four ranking.
On July 24, 2012, item 11D was "continued" so that additional data could be presented to the
Board to understand the requested cap recommended by staff. Purchase orders placed between
6/23/2009 through 7/24/12 (approximately 36 months) revealed the following:
Packet Page -1182-
x117 ':19012 Item.
Staff recommends award of Request for Proposal (RFP) 912 -5864 Annual Roadway Contractors
to Quality Enterprises, Community Asphalt Corp., Bonness, Inc. and Ajax Paving Industries of
Florida LLC., for an annual "not to exceed" expenditure of $1,500,000. Should the annual
amount approach the $1,500,000 threshold, staff will ask for the Board's approval to exceed that
amount. The terms set forth in the attached proposed agreement, if this item is approved, will be
modified to be executed by each specific contractor and the county.
FISCAL IMPACT: The Transportation Engineering Department of the Growth Management
Division has funding appropriated from the following accounts: Roadway Improvements (60016)
and Sidewalks Improvements (69081.).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
LEGAL CONSIDERATIONS This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
RECOMMENDATION: Approve the award of RFP #12 -5864 – Annual Roadway Contracts to
multiple firms and authorize the Chairman to execute the attached contract for all four (4)
firms after final review and approval by the County Attorney's Office for an annual "not to
exceed" expenditure of $1,500,000.
PREPARED BY: Jay Ahmad, Director of Transportation Engineering
Brenda Brilhart, Procurement Strategist, Administrative Services
Attachments: 1) Solicitation; 2) Ranking sheet from Reconvened Selection Committee
Meeting 5/30/12; 3) Contract
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Purchase Order Dollars
Invoiced and Paid
Operating Departments
Encumbered (for
Dollars (for
approximately 36 month
approximately 36 month
period)
period)
Coastal Zone
$12,690
$12,690
Parks and Recreation
58,081
58,081
Public Utilities
130,228
130,228
Transportation Engineering
3,081,122
3,077,220
Transportation Engineering
644,381
644,381
(formal bids)
TOTAL (approx. 36 months)
$3,926,502
$3,922,600
Staff recommends award of Request for Proposal (RFP) 912 -5864 Annual Roadway Contractors
to Quality Enterprises, Community Asphalt Corp., Bonness, Inc. and Ajax Paving Industries of
Florida LLC., for an annual "not to exceed" expenditure of $1,500,000. Should the annual
amount approach the $1,500,000 threshold, staff will ask for the Board's approval to exceed that
amount. The terms set forth in the attached proposed agreement, if this item is approved, will be
modified to be executed by each specific contractor and the county.
FISCAL IMPACT: The Transportation Engineering Department of the Growth Management
Division has funding appropriated from the following accounts: Roadway Improvements (60016)
and Sidewalks Improvements (69081.).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
LEGAL CONSIDERATIONS This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
RECOMMENDATION: Approve the award of RFP #12 -5864 – Annual Roadway Contracts to
multiple firms and authorize the Chairman to execute the attached contract for all four (4)
firms after final review and approval by the County Attorney's Office for an annual "not to
exceed" expenditure of $1,500,000.
PREPARED BY: Jay Ahmad, Director of Transportation Engineering
Brenda Brilhart, Procurement Strategist, Administrative Services
Attachments: 1) Solicitation; 2) Ranking sheet from Reconvened Selection Committee
Meeting 5/30/12; 3) Contract
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9'11/2012 IteT. '
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.D.
Item Summary: Recommendation to approve the award of Request for Proposal (RFP)
#12 -5864 Annual Roadway Contractors to multiple firms for an annual "not to exceed"
expenditure of $1,500,000.
Meeting Date: 9/11/2012
Prepared By
Name: Daniel Hall
Title: Project Manager, Senior,Transportation Engineering
8/13/2012 9:43:43 AM
Submitted by
Title: Project Manager, Senior,Transportation Engineering
Name: Daniel Hall
8/13/2012 9:43:45 AM
Approved By
Name: NauthRookmin
Title: Management /Budget Analyst,Transportation Administr
Date: 8/13/2012 12:05:17 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 8/15/2012 11:19:27 AM
Name: LynchDiane
Title: Administrative Assistant
Date: 8/15/2012 1:40:33 PM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 8/15/2012 2:20:17 PM
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91 ier-
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 8/17/2012 8:54:43 AM
Name: ShueGene
Date: 8/17/2012 3:45:31 PM
Name: BrilhartBrenda
Title: Purchasing Agent,Purchasing & General Services
Date: 8/20/2012 8:26:05 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 8/21/2012 1:50:35 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 8/23/2012 4:47:13 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/27/2012 2:19:38 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 8/31/2012 2:22:33 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 9/4/2012 11:16:06 AM
Packet Page -1185-
1,2K f t ljArr
REQUEST FOR P'ROP'OSAL
�r-
cl rier county
Admeni Service Dvocin
Purchasing
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
RFP 12 -5864
"Annual Roadway Contractors"
Brenda Brilhart, Procurement Strategist
(239) 252 -8446 (Telephone)
(239) 252 -6697 (Fax)
brendabrilhart@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.
Pc^uhvmg Depanm l- 3327 Tamiami' rail East • Naptes. Roma 34112 -4901 ,wAm,.coller9ov.neGpershasiN
Packet Page -1186-
able of Contents
LEGALNOTICE .................................................................................................... ..............................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 -5864 Roadway Contractors 2
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Co ` le r County
,Administative Servioes
Purr-hasing
Legal Notice
Sealed Proposals to provide roadway construction services will be received until 3:00 pm Naples
local time, on April 16, 2012 at the Collier County Government, Purchasing Department, 3327
Tamiami Trail E, Naples, FL 34112.
ITB 12 -5864
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 March 21, 2012.
P:jm 3as ;a+mv - 3301 1 ar aim `rail East • Naples. riorida 34112 • wsvw, a =1i ze€ .s ct'rurct asin
RFP 12 -5864 Roadway Contractors
Packet Page -1188-
3
9 Ile-r
Exhibit is Scope o` Wori. Specifications anc Response "Forma:
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 -5864
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
3/21/12
Last Date for Receipt of Written Questions
By 4/9/12
Addendum Issued
By 4/11/12
Solicitation Deadline Date and Time
3:00 pm 4/16/12
Anticipated Evaluation of Submittals
Aril 2012
Anticipated Board of County Approval
May 2012
RFP 12 -5864 Roadway Contractors
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9!1 1,20'k 2 Iterr
Response Forma:
Aw
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 -5864 Roadway Contractors
Packet Page -1190-
proiecc: tearr. Proposais submitiec witnow the referencec letrer(s, maN resui. ir. 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
Description ',
Start Date
End Date
Original
Budget
Final Project
,Cost
Number
Change
- 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 -5864 Roadway Contractors
Packet Page -1191-
9'11/20`2 item
Prior tc the Seiection Committee reviewing proposals; the foliowinc methodoiog� wil Dc-
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
Score
Points Awarded
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: barn pie cnart rernects a iu point reterence 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 -5864 Roadway Contractors 7
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Exhibit li. Generai RFP instructions
1. Questions
Direct questions related to this RFP to the Collier County Purchasing Department E- Procurement
website: www.coliiergov.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 April 16, 2012
to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Brenda Brilhart, Procurement Strategist
RFP 12 -5864 Roadway Contractors
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9" 'i 12 " -Z Bern .
The county snap not Dear the responsibility for proposals delivered io 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 -5864 Roadway Contractors
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Tnrc committee wii: compiiE indiviaua rankings, oases or. the evaivatior critenE as states
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 -5864 Roadway Contractors 10
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9,- "', 1,2012 Iter
Exhibit Ilt. Collier County Purchase Order Terms and Conditions
1. Offer
This offer is subject to cancellation by the COUNTY
without notice if not accepted by VENDOR within
fourteen (14) days of issuance.
4.
Acceptance and Confirmation
This Purchase Order (including all documents
attached to or referenced therein) constitutes the
entire agreement between the parties, unless
otherwise specifically noted by the COUNTY on the
face of this Purchase Order. Each delivery of
goods and /or services received by the COUNTY
from VENDOR shall be deemed to be upon the
terms and conditions contained in this Purchase
Order.
No additional terms may be added and Purchase
Order may not be changed except by written
instrument executed by the COUNTY. VENDOR is
deemed to be on notice that the COUNTY objects
to any additional or different terms and conditions
contained in any acknowledgment, invoice or other
communication from VENDOR, notwithstanding the
COUNTY'S acceptance or payment'for any delivery
of goods and /or services, or any similar act by
VENDOR.
Inspection
All goods and /or services delivered hereunder shall
be received subject to the COUNTY'S inspection
and approval and payment therefore shall not
constitute acceptance. All payments are subject to
adjustment for shortage or rejection. All defective
or nonconforming goods will be returned pursuant
to VENDOR'S instruction at VENDOR'S expense.
To the extent that a purchase order requires a 5.
series of performances by VENDOR, the COUNTY
prospectively reserves the right to cancel the entire
remainder of the Purchase Order if goods and /or
services provided early in the term of the Purchase
Order are non - conforming or otherwise rejected by
the COUNTY.
Shipping and Invoices
a) All goods are FOB destination and must be
suitably packed and prepared to secure the
lowest transportation rates and to comply with
all carrier regulations. Risk of loss of any
goods sold hereunder shall transfer to the
COUNTY at the time and place of delivery;
provided that risk of loss prior to actual receipt
of the goods by the COUNTY nonetheless 6.
remain with VENDOR.
b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
Unless otherwise provided in Purchase Order,
no invoices shall be issued nor payments made
prior to delivery. Unless freight and other
charges are itemized, any discount will be
taken on the full amount of invoice.
c) All shipments of goods scheduled on the same
day via the same route must be consolidated.
Each shipping container must be consecutively
numbered and marked to show this Purchase
Order number. The container and Purchase
Order numbers must be indicated on bill of
lading. Packing slips must show Purchase
Order number and must be included on each
package of less than container load (LCL)
shipments and /or with each car load of
equipment. The COUNTY reserves the right to
refuse or return any shipment or equipment at
VENDOR'S expense that is not marked with
Purchase Order numbers. VENDOR agrees to
declare to the carrier the value of any shipment
made under this Purchase Order and the full
invoice value of such shipment.
d) All invoices must contain the Purchase Order
number and any other specific information as
identified on the Purchase Order. Discounts of
prompt payment will be computed from the date
of receipt of goods or from date of receipt of
invoices, whichever is later. Payment will be
made upon receipt of a proper invoice and in
compliance with Chapter 218, Fla. Stats.,
otherwise known as the "Local Government
Prompt Payment Act," and, pursuant to the
Board of County Commissioners Purchasing
Policy.
Time Is Of the Essence
Time for delivery of goods or performance of
services under this Purchase Order is of the
essence. Failure of VENDOR to meet delivery
schedules or deliver within a reasonable time, as
interpreted by the COUNTY in its sole judgment,
shall entitle the COUNTY to seek all remedies
available to it at law or in equity. VENDOR agrees
to reimburse the COUNTY for any expenses
incurred in enforcing its rights. VENDOR further
agrees that undiscovered delivery of
nonconforming goods and /or services is not a
waiver of the COUNTY'S right to insist upon further
compliance with all specifications.
Changes
The COUNTY may at any time and by written
notice make changes to drawings and
specifications, shipping instructions, quantities and
RFP 12 -5864 Roadway Contractors 11
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7
delivery schedules within the general scope of this
Purchase Order. Should any such change increase
or decrease the cost of, or the time required for
performance of the Purchase Order, an equitable 11
adjustment in the price and /or delivery schedule will
be negotiated by the COUNTY and VENDOR.
Notwithstanding the foregoing, VENDOR has an
affirmative obligation to give notice if the changes
will decrease costs. Any claims for adjustment by
VENDOR must be made within thirty (30) days from
the date the change is ordered or within such
additional period of time as may be agreed upon by
the parties.
Warranties
VENDOR expressly warrants that the goods and /or
services covered by this Purchase Order will
conform to the specifications, drawings, samples or
other descriptions furnished or specified by the
COUNTY, and will be of satisfactory material and
quality production, free from defects and sufficient
for the purpose intended. Goods shall be delivered
free from any security interest or other lien,
encumbrance or claim of any third party. These
warranties shall survive inspection, acceptance,
passage of title and payment by the COUNTY.
Statutory Conformity
Goods and services provided pursuant to this
Purchase Order, and their production and
transportation shall conform to all applicable laws.
including but not limited to the Occupational Health
and Safety Act, the Federal Transportation Act ano
the Fair Labor Standards Act, as well as any law or
regulation noted on the face of the Purchase Order.
Advertising
No VENDOR providing goods and services to the
COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and /or
services, or appropriate or make use of the
COUNTY'S name or other identifying marks or
property without the prior written consent of the
COUNTY'S Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless the
COUNTY from any and all claims, including claims
of negligence, costs and expenses, including but
not limited to attorneys' fees, arising from, caused
by or related to the injury or death of any person
(including but not limited to employees and agents
of VENDOR in the performance of their duties or
otherwise), or damage to property (including
property of the COUNTY or other persons), which
arise out of or are incident to the goods and /or
services to be provided hereunder.
Warranty of Non - Infringement
VENDOR represents and warrants that all goods
sold or services performed under this Purchase
Order are: a) in compliance with applicable laws; b)
do not infringe any patent, trademark, copyright or
trade secret; and c) do not constitute unfair
competition.
VENDOR shall indemnify and hold harmless the
COUNTY from and against any and all claims,
including claims of negligence, costs and expense,
including but not limited to attorneys' fees, which
arise from any claim, suit or proceeding alleging
that the COUNTY'S use of the goods and /or
services provided under this Purchase Order are
inconsistent with VENDOR'S representations and
warranties in section 11 (a).
If any claim which arises from VENDOR'S breach
of section 11 (a) has occurred, or is likely to occur,
VENDOR may, at the COUNTY'S option, procure
for the COUNTY the right to continue using the
goods or services, or replace or modify the goods
or services so that they become non - infringing,
(without any material degradation in performance,
quality, functionality or additional cost to the
COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall provide
commercial insurance of such type and with such
terms and limits as may be reasonably associated
with the Purchase Order. Providing and
maintaining adequate insurance coverage is a
material obligation of the VENDOR. All insurance
policies shall be executed through insurers
authorized or eligible to write policies in the State of
Florida.
13. Compliance with Laws
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
that are applicable to the conduct of its business.
By way of non - exhaustive example, this shall
include the American with Disabilities Act and all
prohibitions against discrimination on the basis of
race, religion, sex creed, national origin, handicap,
marital status, or veterans' status. Further,
VENDOR acknowledges and without exception or
stipulation 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
RFP 12 -5864 Roadway Contractors 12
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seq. and regulations relating thereto, as either may
be amended. Failure by the awarded firm(s) to
comply with the laws referenced herein shall
constitute a breach of the award agreement and the
County shall have the discretion to unilaterally
terminate said agreement immediately. Any breach
of this provision may be regarded by the COUNTY
as a material and substantial breach of the contract 19
arising from this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in performance
resulting from any cause beyond their control,
including, but without limitation to war, strikes, civil
disturbances and acts of nature. When VENDOR
has knowledge of any actual or potential force
majeure or other conditions which will delay or
threatens to delay timely performance of this
Purchase Order, VENDOR shall immediately give
notice thereof, including all relevant information
with respects to what steps VENDOR is taking to
complete delivery of the goods and /or services to
the COUNTY.
15. Assignment
VENDOR may not assign this Purchase Order, nor
any money due or to become due without the prior
written consent of the COUNTY. Any assignment
made without such consent shall be deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida sales and
use tax on real property, transient rental property
rented, tangible personal purchased or rented, or
services purchased (Florida Statutes, Chapter 212),
and from federal excise tax.
17. Annual Appropriations
The COUNTY'S performance and obligation to pay
under this Purchase Order shall be contingent upon
an annual appropriation of funds.
18. Termination
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order may
RFP 12 -5864 Roadway Contractors
9!' '1F'20 12 !tern I 'i .0
be terminated immediately by the COUNTY for
breach by VENDOR of the terms and conditions of
this Purchase Order, provided that COUNTY has
provided VENDOR with notice of such breach and
VENDOR has failed to cure within 10 days of
receipt of such notice.
General
a) This Purchase Order shall be governed by the
laws of the State of Florida. The venue for any
action brought to specifically enforce any of the
terms and conditions of this Purchase Order
shall be the Twentieth Judicial Circuit in and for
Collier County, Florida
b) Failure of the COUNTY to act immediately in
response to a breach of this Purchase Order by
VENDOR shall not constitute a waiver of
breach. Waiver of the COUNTY by any default
by VENDOR hereunder shall not be deemed a
waiver of any subsequent default by VENDOR.
c) All notices under this Purchase Order shall be
sent to the respective addresses on the face
page by certified mail, return receipt requested,
by overnight courier service, or by personal
delivery and will be deemed effective upon
receipt. Postage, delivery and other charges
shall be paid by the sender. A party may
change its address for notice by written notice
complying with the requirements of this section.
d) The Vendor agrees to reimbursement of any
travel expenses that may be associated with
this Purchase Order in accordance with Florida
Statute Chapter 112.061, Per Diem and Travel
Expenses for Public Officers, employees and
authorized persons.
e) In the event of any conflict between or among
the terms of any Contract Documents related to
this Purchase Order, the terms of the Contract
Documents shall take precedence over the
terms of the Purchase Order. To the extent
any terms and /or conditions of this Purchase
Order duplicate or overlap the Terms and
Conditions of the Contract Documents, the
provisions of the Terms and /or Conditions that
are most favorable to the County and /or
provide the greatest protection to the County
shall govern.
Packet Page -1198-
13
w r
Exhibit I!': Aaditional Terms ant wonditions for RF'F
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
coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse
RFP 12 -5864 Roadway Contractors 14
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9/' 1/2012 Item 1 i .
the County for such costs within thirty (30) days after demand. the County has the right to ofise
these costs from anv amount duc- Vendor under this Agreement o- any other agreemenfi between
the County and \/endor. The County shall be under no obligation to purchase sucr, insurance, no- AWA
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:
Board of County Commissioners
RFP 12 -5864 Roadway Contractors 15
Packet Page -1200-
Clerk's Financc- Departmem
ATTIC: accounts Payabie
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or, emailed to: bccapclerk(7a collierclerk.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
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.
RFP 12 -5864 Roadway Contractors 16
Packet Page -1201-
9" 1120127 Item ' i .0
Coliie- ;,ounty Government ha: authorizes OSH4 representative_ tc ente, anN, Collier Count
facility, property and /o- rigni -of -way for the purpose of inspection of any Vendors won: operations.
This provision is non - negotiable by any department and /or Vendor.
All new electrical installations shall incorporate
Coordination and Arc Flash Studies where relevant
installations shall be labeled with appropriate NFPA
labels.
9. Licenses
NFPA 70E Short Circuit Protective Device
as determined by the engineer. All electrical
70E arch flash boundary and PPE Protective
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 -5864 Roadway Contractors 17
Packet Page -1202-
911' 1120'x2 Iter, C
' . _obbvinc
All firms are hereby placeo on NOTICE that the Board of County Commissioners aoes not wish tc
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 607.1501)
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.org /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
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity
RFP 12 -5864 Roadway Contractors 18
Packet Page -1203-
9/11120112- 112 Item < <.L-).
for the construction o, repai- of a aubiic building o- public work: may not submit bids, proposals. o•
replies on leases of real property tc a puoliC entity. may nog oe awarded or perform wort: as
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
provide the Collier County Purchasing Department an executed affidavit certifying they shall
RFP 12 -5864 Roadway Contractors 19
Packet Page -1204-
9f i `t,20"2 Ite€r. .D, .
comol\ wits Me \ /erlT', "''oC-am Tne afficavf. !E at:acnec tc tnE sollciiatlor oovument, I` the
Propose, Goes not compl with providonc, both the acceptabie E- Verity eviaence 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: httr): / /www.dhs.gov /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 -5864 Roadway Contractors 20
Packet Page -1205-
9/'.1/2012 Item
CAXI,e�,
,,
Adrrrunistrahre Service Division
Purchasing
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 -5864 Annual Roadway Contractors for the following
reason(s):
❑ Services requested not available through our company.
❑ Our firm could not meet specifications /scope of work.
❑ Specifications /scope of work not clearly understood or applicable (too vague, rigid, etc.)
❑ Project is too small.
❑ 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 -5864 Roadway Contractors 21
Packet Page -1206-
n
Item `._
Adrrxnisv-a a Seri Dwision
Purchasing
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.
❑ All applicable forms have been signed and included, along with licenses to complete the
requirements of the project.
❑ 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: Brenda Brilhart, Procurement Strategist
❑ The mailing envelope must be sealed and marked with Solicitation RFP 12 -5864 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 -5864 Roadway Contractors 22
Packet Page -1207-
9/' 1/2"12 Item .G.
Admnisra" SeMoes Dqvision
Purchasing
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
by
the
identification
Notary Public
My Commission Expires
RFP 12 -5864 Roadway Contractors
day of , 2012,
who is personally known to me to be
for the Firm, OR who produced the following
Packet Page -1208-
23
Admnis=bve Setvioe5 DMsion
Purchasing
Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: Solicitation: RFP 12 -5864 — 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 oy Solicitation: RFP 12 -5864 — Annual Roadway
Contractors.
(Proposal Continued on Next Page)
RFP 12 -5864 Roadway Contractors 24
Packet Page -1209-
9/11/2012 Item
RFP 12 -5864 Roadway Contractors
Packet Page -1210-
25
PROPOSA- COKTINUEC
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 -5864 Roadway Contractors
Packet Page -1210-
25
r Iq r I
liem
AdnInlstr'�tr tive Services Dwiston
Purchasing
Attachment 5: Affidavit for Claiming Status as a Local Business
Solicitation: RFP 12 -5864 — 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:
Collier or Lee County Address:
Signature:
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Date:
Title:
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 -5864 Roadway Contractors 26
Packet Page -1211-
9/11 /20 2 Iterr I
Admrisarative Seances Dmsian
Purchasing
Attachment 6: Immigration Affidavit Certification
Solicitation: RFP 12 -5864 — 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
(Print or Type Name)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number /Expiration
who has produced as identification.
(Type of Identification and Number)
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 -5864 Roadway Contractors 27
Packet Page -1212-
9" 'r U - It�rr. ,
l cirn nisative Serviom :7avision
Purhastng
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
State
Telephone FAX
Order Informatioi
Address
City
FAX
Email
State Zip
2. Company Status (check only one)
City
Zip
Email
Remit / Payment Information
Address
City State
FAX
Email
Zip
_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)
ederal 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, 1 certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
RFP 12 -5864 Roadway Contractors 28
Packet Page -1213-
9`11,`2C112 It err 11.-
Administrabve Services Division
Purchasing
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 $2,000,000 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
ContractorNendor /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 ContractorNendor /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.
❑ Pollution
$ Per Occurrence
$ Per Occurrence
❑ Professional Liability $_
• $ 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 -1214-
Per Occurrence
9i";, 271' Items , ,
SnaE. DE SUD^lltrE wit" D"000sa resDons: r- the Torr"- c 3ertifie- Tunm
casnierc cnecr: or an irrevocabie ietter o credi_, a cas,, oona posies witr, tnE
County Cleri,, or proposal bond in a sum equal to 5% oi 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 -5864 Roadway Contractors 30
Packet Page -1215-
9` /2C '1 2 Item " _ . � .
Achinsnbve services }ms on
P"�r,�� a;
Attachment 9: Reference Questionnaire
Solicitation: RFP 12 -5864 — 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:
Project Budget:
Change Orders - Dollars Added :
Completion Date:
Project Number of Days:
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 -5864 Roadway Contractors 31
Packet Page -1216-
9!1, '112012 lie . I -
EKHIB7 I - S: ODE D !►i DRV
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:
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 -5864 Roadway Contractors 32
Packet Page -1217-
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Packet Page -1224-
Li
Iter-
For
Annual Roadway Contractors
THIS AGREEMENT is made and entered into this day of , 2012 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 Quality Enterprises USA,
Inc. authorized to do business in the State of Florida, whose business address is 3894 Mannix Drive,
Suite 216, Naples, Florida 34114 -5406 (hereinafter referred to as the "Contractor ").
WITNESSETH:
COMMENCEMENT: The Agreement shall be for a one (1) year period, commencing on
, and terminating on . The County may, at its discretion
and with the consent of the Contractor, renew the Agreement under all of the terms and conditions
contained in this Agreement for three (3) additional one (1) year periods. In no event, including
renewal options, shall the Agreement exceed four (4) years. 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 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: The Board of County Commissioners deemed four (4) firms to be pre -
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
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 -5864 and the
Contractors proposai, which is incorporated by reference and made an integral part oll 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.
• Issuance by Owner of a numbered Purchase Order.
• Certification of Final Completion required by County in order for Contractor to receive
final payment.
Page -1-
12 -5864 Annual Roadway Contractors
Packet Page -1225-
9.111 /2012 Iterr 1 ` . C
_.
USE O;: 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.
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.
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:
Quality Enterprises USA, Inc.
3894 Mannix Drive, Suite 216
Naples, Florida 34114 -5406
Attention: Louis J. Gaudio, Vice President
Phone: 239/435 -7200
Fax: 239/435 -7202
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
Interim Purchasing /General Services Director
Phone: 239 - 252 -8975
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.
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
Page -2-
12 -5864 Annual Roadway Contractors
Packet Page -1226-
9" V2012 Iterr `..�.
C perm;.5 issues aoum, S-al er i- ,ieriralr the :.ountt :.on"tracLo" Icl Fl:
reSponSlJlt- f0" NcylnC To" permit issue- D\ : ollle" .OJnt) , DUi I, reSpOrlSlolE io" aCgUIrIr1C a'!
permits. Owner may require the Contractor to deliver internal budge- transfer documents tc
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. 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, Combined Single Limit 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,
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.
Page -3-
12 -5864 Annual Roadway Contractors
Packet Page -1227-
9/1/12012 Item 1 ' .:� .
Current, vaiid insurance policies meeting the requirement herein identified shall be maintainer b,
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 insure 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.
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, outstanding punchlist items, 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) third party claims failed or reasonable evidence indicating probable fling of such
claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials
or equipment, (d) reasonable doubt that the Work can be completed for the unpaid balance of the
Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract
Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) 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. Owner also may offset against any sums
due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner,
whether relating to or arising out of this Agreement or any other agreement between Contractor
and Owner.
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
Page -4-
12 -5864 Annual Roadway Contractors
Packet Page -1228-
9!1 `r'2r" 2 Item
c `l,- material me a \nl_.i a ccord;1 i2tlrlZ- i VVOrt W17 as VV -,
other: a- the !,roiec- JIE s- 7i2,1 It: ''Vori o" in_ won o- Otner-c s. ical no, nc- Ceiav_ eC O
impairec by any ac of omission Dy Coniracto- vontractor Snal, be soiei\ responsible for ai,
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 and 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 Policy
and Administrative Procedures in effect at the time such modifications are authorized.
17. 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). If Contractor observes that the Contract Documents are at variance therewith, it
shall promptly notify Owner in writing.
18. 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.
19.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.
Page -5-
12 -5864 Annual Roadway Contractors
Packet Page -1229-
9/11/2012 1terr 1'6 . -.�.
2G. WARRANTY. Contractor shall obtain ano assign to Owner all express warranties given tc
Contractor or any subcontractors by any materiaimen 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.
21. 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.
22.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
of inspection, testing or approval. All inspections, tests or approvals shall be performed in a
manner and by organizations acceptable to the Owner.
23. 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.
Page -6-
12 -5864 Annual Roadway Contractors
Packet Page -1230-
` l 1/2012 Item ` i . D
'n .Jw°lc Sia @S col,.'` t. "1= en nT,2 —t:. an—c ,,all "GCiJ S;i81 t); lia )ic 7;;` ai Cos,;
InCUrreG o', -)wne" associaie, t erewltr..
24. 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.
25. 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.
26. LIQUIDATED DAMAGES (determined per project ). The "Commencement Date" shall be
established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the
work within five (5) calendar days from the Commencement Date. No Work shall be performed at
the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
The Work shall reach final completion and be ready for final acceptance by Owner within the time
specified in the Request for Quotation.
27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Transportation Department.
28. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following 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, RFP No. 12 -5864, 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 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
Page -7-
12 -5864 Annual Roadway Contractors
Packet Page -1231-
9.11 1/2012 Item 1 1.D.
employee of the firm from contact with County staf, for a specifies period of time; b. Prohibition b\
the individual and /or firm from doing business with the County for a specified period of time,
including but not limited to: submitting bias, RFP, andior quotes; and, c. immediate termination of Aw
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. 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.
Page -8-
12 -5864 Annual Roadway Contractors
Packet Page -1232-
IN Will-NESS WHEREOF, the ontractcr anc the County, nave eacr,, respectively, d\ an autnorizec
person o- agent, hereunder se: their hangs anc seals on the date and year first above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(Seal)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
Quality Enterprises USA, Inc.
Contractor
By:
First Witness
Type /Print Witness Name
Second Witness
Type /Print Witness Name
Approved as to form and
legal sufficiency:
Scott R. Teach
Deputy County Attorney
Signature
Typed Signature
Title
Page -9-
Packet Page -1233-
12 -5864 Annual Roadway Contractors