Term_Contract_for_Towing_Services_(Addendum_#2_Revision).pdf

REQUEST FOR PROPOSAL

RFP #604444-22/LNF

TERM CONTRACT FOR TOWING SERVICES

1301 East Second St.

Sanford, FL 32771

RELEASE DATE: November 16, 2022

DEADLINE FOR QUESTIONS: December 16, 2022

RESPONSE DEADLINE: February 8, 2023, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/seminolefl https://secure.procurenow.com/portal/%7bproject.government.code%7d

Seminole County

Term Contract for Towing Services

TABLE OF CONTENTS

I. Introduction II. Scope of Services

III. Instructions to Proposers IV. Instructions for the preparation of Submittals V. Evaluation Phases

Attachments:

B - [B] RFP-604444-22-_Draft_Agreement

C - Price Proposal

Title: Term Contract for Towing Services

1. INTRODUCTION

1.1. Summary

The Contractor shall provide regular and emergency (recovery services) towing services, to include but not be limited to the pickup/recovery of vehicles during normal business hours

(8:00AM to 5:00PM). In addition to such towing services, the Contractor shall have the ability to provide after-hours towing services for vehicles which are seriously damaged or inoperable.

Towing services may be requested to be performed at any location within Seminole County.

1.2. Background

Seminole County Fleet Management Division is responsible for the maintenance and repair of approximately 1200 assets that could potentially require Towing and Recovery Services. The required services must accommodate a twenty-four (24) hour, 365 day schedule (366 days within the leap year). The services consist of towing and recovery work for all types and sizes of automobiles, trucks, heavy equipment, vans, and transit fixed route and Emergency Vehicles

(i.e. Rescues, Engines and Tower trucks etc.).

The County plans to make multiple contractor awards and will consider various towing capabilities in the selection process. Currently, the County owns and operates 412 auto/SUV/van/ light trucks, 107 medium/heavy trucks, and 157 Emergency Vehicles. The

County reserves the right to add or delete equipment, vehicles, and brands from this contract as needed over the life of the contract. The Fleet Maintenance Shop locations are:

• 141 Bush Loop Sanford, FL. 32773 (primary shop)

• 1950 State Road 419 Longwood, FL. 32750 (satellite shop)

• 1930 E. Osceola Road Geneva, FL. 32732 (satellite shop)

1.3. Contact Information

Leticia Figueroa Senior Procurement Analyst 1301 East Second Street Sanford, FL 32771 Email: lfigueroa@seminolecountyfl.gov Phone: (407) 665-7119

Department:

Resource Management - Purchasing & Contracts

1.4. Timeline

Release Project Date November 16, 2022

Question Submission Deadline December 16, 2022, 5:00pm mailto:lfigueroa@seminolecountyfl.gov tel:(407)665-7119

Proposal Submission Deadline February 8, 2023, 2:00pm

2. SCOPE OF SERVICES

2.1. Scope of Services

ON CALL TWENTY-FOUR (24) HOURS/SEVEN DAYS PER WEEK TOWING AND

RECOVERY SERVICES

Seminole County Fleet Management Division is responsible for the maintenance and repair of approximately 1200 assets that could potentially require Towing and Recovery Services. The required services must accommodate a twenty-four (24) hour, 365-day schedule (366 days within the leap year). The services consist of towing and recovery work for all types and sizes of automobiles, trucks, heavy equipment, vans, and transit fixed route and Emergency Vehicles

(i.e. Rescues, Engines and Tower trucks etc.).

The County plans to make multiple contractor awards and will consider various towing capabilities in the selection process. Currently, the County owns and operates 412 auto/SUV/van/ light trucks, 107 medium/heavy trucks, and 157 Emergency Vehicles. The

County reserves the right to add or delete equipment, vehicles, and brands from this contract as needed over the life of the contract. The Fleet Maintenance Shop locations are:

• 141 Bush Loop Sanford, FL. 32773 (primary shop)

• 1950 State Road 419 Longwood, FL. 32750 (satellite shop)

• 1930 E. Osceola Road Geneva, FL. 32732 (satellite shop)

The Contractor shall have the capability of providing regular and emergency (recovery services) towing services. Towing services shall include the pickup/recovery of vehicles during normal business hours (8:00AM to 5:00PM). In addition to such towing services, the Contractor shall have the ability to provide after-hours towing services for vehicles which are seriously damaged or inoperable. These services can be requested to be performed at any location within the

County.

All wreckers shall be maintained in good working order, shall be registered with the State of

Florida Department of Motor Vehicles, and shall have appropriate licenses to operate as wreckers. The registration must reflect as the company or corporation awarded to this contract.

The Proposer, and personnel to be assigned to the County’s account, cannot have a prior conviction related to a towing related offense within the last five (5) years, as of the proposal due date, regardless of the degree, for towing and/or vehicle related offenses regardless of the disposition of the case (i.e., withhold of adjudication, pre-trial intervention, and/or pre-trial diversion). A conviction is adjudication of guilt by a court of competent jurors, a plea of quilt or

“nolo contendere” or a judgment when an adjudication of guilt is withheld and the accused is placed on probation. It could also pertain to an arrest with a related offense where an arrest was supported by probable cause, whether or not that arrest led to a conviction. In the event the arrest resulted in a no action, the County will evaluate on a case-by-case basis to determine the person’s ability to enter into or remain part of the tow contract.

2.2. TECHNICAL SPECIFICATIONS

TOWING CATIGORIES:

The County’s various categories of vehicles needing towing services of this contract are listed below. Contractor(s) will be responsible for ensuring the proper equipment is used for the different towing categories.

Light Equipment: Includes equipment with GVWR 10,000 lbs or less. Equipment in this category may or may not be loaded when service is required.

Medium Equipment: Includes equipment with GVWR between 10,001 lbs and 26,000 lbs.

Equipment in this category may or may not be loaded when service is required.

Heavy Equipment: Includes equipment with GVWR 26,001 lbs or more. Equipment in this category may or may not be loaded when service is required.

OTHER ITEMS:

Should a tow require dollies, drive shaft drops (or an axle shaft pull), or the use of a car carrier, these items/services will be included at no additional charge to the County.

EXTRA SERVICES (UNUSUAL OCCURRENCE OR SPECIAL TOWS):

It will be the responsibility of the Contractor to ask any questions about special circumstances, unusual or irregular conditions that may exist or that are specific or peculiar to the vehicle to be towed.

WAITING TIME AND EXTRA LABOR:

Cost of any waiting time or extra labor (i.e., retrieving parts and/or vehicles, special handling) accomplished within thirty (30) minutes of arrival at the scene shall be included in the base tow rate. After the first thirty (30) minutes, extra labor and/or extra waiting time may be assessed in accordance with the Rate Structure for those items. For any extra waiting time or extra labor charge, authorization must be made by the on-duty officer at the scene, whenever possible, and so indicated in writing on the report. In the event the Contractor is called to the scene of an incident requiring extensive on-scene investigation (over one hour), the driver will notify the

County Representative that the wrecker is accruing additional waiting time charges. The County

Representative will decide whether to keep the wrecker on the scene or re-call it at a later time.

DEBRIS RELATED TO VEHICLE BEING TOWED:

Contractor will pick up, clean up and remove debris, trash, and other items related to the removal of vehicles to be towed. This shall include but not be limited to, the removal of all glass, vehicle parts, and debris deposited upon the roadways well as the distribution of approved absorbent material on that portion of the roadway where oil, grease, antifreeze, or other fluids have been deposited. All pick up and clean ups shall be in accordance with all federal, state, and local laws and regulations.

All tow trucks shall be equipped with the equipment to aid in debris cleanup (at a minimum):

• one (1) shovel

• one (1) broom

• one (1) debris receptacle

• one (1) fire extinguisher of at least 10 lb. capacity of a type capable of extinguishing an electrical or flammable liquid fire (class B and C fires)

• general tools such as hammer, screw driver and wrecking/pry bar

• five (5) gallons of commercial absorbent for minor fluid spills

DRIVE SHAFTS AND AXLES:

The tow/truck operator will pull drive shafts and/or axles as needed on all vehicles prior to towing, or as required in the subsequent paragraphs of these specifications so as to prevent damage to transmissions.

COMPLETED TOWS:

The Contractor shall not drop the tow until an authorized County Representative certifies that the tow has been properly performed. The Contractor shall not leave the destination until the authorized County Representative has signed the towing ticket. In the case of services provided after hours or on weekends and if an authorized County Representative is not available, the

Contractor shall secure a signature within forty-eight (48) hours from the delivery of services or the next business day, whichever is sooner. Unsigned towing tickets will not be eligible for payment authorization.

RETRIEVAL OF IMPOUNDED OR STORED COUNTY VEHICLES:

In rare cases, the County may direct the Contractor to retrieve vehicle(s) from impound or storage yards. This will require the contractor to pay the appropriate impound and storage charges which they will then be placed on their invoice for reimbursement by the County at cost, in addition to the normal charges and fees for the tow involved.

OPEN VEHICLES KEYS LOCKED INSIDE:

The County may direct the Contractor to arrive on scene to open a vehicle which has had its keys locked inside and the Contractor will be compensated based on the stated flat rate as there be no towing service rendered.

REPORTING

Contractor shall submit to Seminole County Fleet Management all invoices for services within seventy-two (72) hours of service performed. Invoice must be submitted via e-mail or in person to the County Representative. Invoices shall contain, at a minimum, the following information:

• County Vehicle number

• Vehicle license plate

• Date of tow

• Type of tow (accident, breakdown, lockout or winch out)

• Total cost of tow

• Location of pick up

• Location of delivery

RESPONSE TIME

The Contractor will respond (arrive at the scene) within one (1) hour of notice by the County at any time of the day or night. Contractor will respond with appropriate equipment for the services.

The Contractor assumes all liability for response including, but not limited to, all damages resulting from traffic accidents and motor vehicle infraction fines. The County will conduct periodic reviews of response times to confirm contractor compliance.

If the contractor does not or cannot respond to County tow request, the County will seek recovery services elsewhere and repeated incidents will result in contract termination.

DAMAGED VEHICLES:

If Contractor causes damages to vehicles by poor or improper towing or by the provision of improper towing services, Contractor will be responsible for all damages and will be required to reimburse the County the actual cost of repairs to the vehicle for the damage(s) caused.

Additional charges would be assessed if a rental unit is needed until the repairs are completed.

STAFFING:

It is essential that the Contractor provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The

Contractor must agree to assign qualified individuals to the key positions.

Contractor shall have available sufficient qualified personnel for the operation of the equipment and to man the office facilities as required to perform services as specified. Contractor shall maintain a State of Florida Department of Motor Vehicles Report on each driver and this report must be updated annually and available to the County upon request.

All drivers must meet the following qualifications:

(a) Possess a valid license in accordance with Florida Statute 322.10

(b) Shall be familiar with Seminole County

(c) Shall have the physical qualifications necessary to perform the normal tasks required of a tow driver.

(d) Shall wear a uniform with the name of company.

3. INSTRUCTIONS TO PROPOSERS

3.1. Contact

All prospective Proposers are hereby instructed not to contact any member of the Seminole

County Board of County Commissioners, the County Manager or Deputy Manager, or any

Seminole County Staff members other than the noted Purchasing & Contracts Division (herein referred to as ‘PCD’) Contact Person, Tammy Roberts, regarding this RFP or their written proposal at any time prior to the posting on the COUNTY’S Website of the recommendation and intent to award by County staff for this project. Any such contact shall be cause for rejection of your proposal. Interpretation of this clause will be solely at the discretion of the COUNTY.

3.2. Pre-Proposal Conference

There will not be a Pre-Proposal Conference for this RFP.

3.3. Public Opening

Electronic submittals shall be received by PCD online in accordance with the instructions in this solicitation documents, unless otherwise revised via posted Addenda. Persons with disabilities needing assistance to participate in the Public Opening should call the noted PCD Contact

Person at least forty-eight (48) hours in advance of the Public Opening at (407) 665-7112.

3.4. Delays

The COUNTY, at its sole discretion, may delay the scheduled due date and time for submission, if it is to the advantage of the COUNTY to do so. The COUNTY will post all changes in the scheduled due date and time for submission by written addendum posted to the COUNTY’s

Website: (https://secure.procurenow.com/portal/seminolefl)

3.5. Proposal Submission and Withdrawal

The COUNTY will accept submittals electronically via the COUNTY’s e-Procurement Portal until

2:00 pm on Wednesday, February 8, 2023. Proposals received after the scheduled due date and time for submission shall not be considered. Proposals submitted in any other format other than via the COUNTY’S e-Procurement Portal, including but not limited to, hard copy (mailed or hand delivered), facsimile, or emailed submittals, will not be accepted, nor considered. The scheduled due date and time for submission will be scrupulously observed. Companies shall register on the COUNTY’S e-Procurement Portal. Once registered, Companies may view and click "Follow" to be a prospective Proposer for this solicitation and will appear on the Follower’s list. Proposers that fail to Follow this project will not receive automatic addenda notifications, nor will they be able to draft a response in the COUNTY’S e-Procurement Portal, and therefore will be unable to participate or be considered for this RFP. If a Proposer encounters technical difficulties using the COUNTY’S e-Procurement Portal, or needs assistance using the Portal, Proposers may access the Help Center for vendor training guides provided by OpenGov-

Procurement, the Software Administrator. Proposers may also contact the Software

Administrator using the real-time chat function on the COUNTY’S e-Procurement Portal (located in lower right-hand corner of the screen), or via email at support@procurenow.com for support.

The COUNTY will not be responsible for untimely submissions due to personal or company internet or hardware limitations, settings or restrictions, internet speed, power outage, network http://help.procurenow.com/en/articles/5815468-opengov-procurement-vendor-training connection, or use of a malfunctioning electronic device, or the like, neither the COUNTY, nor the Software Administrator, will be held responsible. Proposers shall be solely responsible for ensuring the capability of their computer system while responding to this solicitation, and for the stability of their internet service. Uploading large documents may take significant time depending on the size of the file(s) and the Internet connection speed that the Proposer is using to submit a response. Failure of the Proposer to successfully submit an electronic proposal before the deadline indicated herein shall be at the Proposer's sole risk, and no relief will be given for late and/or improperly submitted proposals. Once file(s) have been uploaded and the

Submission Status shows as “Submitted” the submission is complete. At that point, the

Proposer will also receive an email confirmation from the COUNTY’s e-Procurement Portal.

Telephone confirmation of timely receipt of any submittal should be made by calling (407) 665-

7112, before the 2:00 pm deadline.

The Proposer is required to submit ONE (1) ELECTRONIC FORMATTED file of their complete written submittal.

Proposers may withdraw their submittal electronically via the COUNTY’S e-Procurement Portal at any time prior to the scheduled due date and time for submission.

3.6. Inquiries

All Proposers should carefully examine the RFP documents. Any ambiguities or inconsistencies shall be brought to the attention of PCD Contact Person in writing via the Q&A tab in the

COUNTY’S e-Procurement Portal prior to the scheduled due date and time for submission.

Failure to do so, on the part of the Proposer, shall constitute an acceptance by the Proposer of any subsequent decision made by the COUNTY. Any questions concerning the intent, meaning and interpretations of the RFP documents including the attached Draft Agreement, shall be requested in writing, and received no later than 5:00 pm on Friday, December 16, 2022. Written requests shall be submitted via the COUNTY’S e-Procurement Portal The COUNTY will not be responsible for oral instructions made by employees of the COUNTY or its authorized representatives in regard to this RFP. If the Q&A deadline has passed, a Proposer may contact the COUNTY directly if necessary at troberts@seminolecountyfl.gov. The COUNTY reserves the right to reject any questions sent after the Q&A deadline.

3.7. Addenda

Should revisions to the RFP documents become necessary, the COUNTY will post Addenda information on the COUNTY's e-Procurement Portal. The COUNTY’s e-Procurement Portal will issue an automated email notification to all “Followers” on the RFP’s Followers list. All

Proposers should check the COUNTY's Website or notify Tammy Roberts to verify information regarding Addenda. Failure to do so may result in rejection of the Proposer’s submitted proposal and a determination as “Non-Responsive”. By execution of the Formal Notice for this RFP, the

Proposer acknowledges receipt of all Addenda issued under this solicitation. Addenda information will be posted on the COUNTY’s Website

(https://secure.procurenow.com/portal/seminolefl). It is the sole responsibility of the Proposer to ensure that they obtain information related to any Addenda.

3.8. Selection Process and Award

Proposals will be reviewed by the COUNTY Evaluation Committee in accordance with the evaluation criteria set forth in the RFP documents. The COUNTY reserves the right to conduct interviews and require presentations of any or all Proposers prior to selection. The COUNTY will not be liable for any costs incurred by the Proposer in connection with such presentations.

Should oral presentations for this RFP be required by the COUNTY, the evaluation criteria and weights shall be used to short-list the Proposers. The County will award a contract based on the proposal that best meets the County's requirements. The Proposer understands that this RFP does not constitute an agreement or a contract with the Proposer. The COUNTY reserves the right to reject all bids/proposals, make multiple awards (award to more than one vendor), make a partial award, to waive formalities, to re-solicit and advertise for new bids/proposals, or to cancel the project in its entirety.

3.9. Proposal Preparation Costs

Neither the COUNTY nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the

Proposer's ability to meet the requirements of this RFP.

3.10. Accuracy of Proposal Information

By submission of a proposal, Proposer acknowledges that they have carefully examined the

Request for Proposal documents and agrees to furnish the services specified in the solicitation at the prices, rates or discounts as proposed. Proposers agree that their proposal will remain firm for a period of up to one hundred twenty (120) days in order to allow the County adequate time to evaluate the submittals.

By submission of a proposal, Proposer agrees to abide by all conditions of this proposal and understands that a background investigation may be conducted by the Seminole County

Sheriff’s Department prior to award. Proposer certifies that all information contained in their proposal is truthful to the best of their knowledge and belief. Proposer further certifies that they are duly authorized to submit this proposal on behalf of the vendor/Proposer as its act and deed and that the vendor/Proposer is ready, willing and able to perform if selected.

3.11. Insurance

A misstatement or omission of a material fact, whether intentional or not, regarding the

Proposer's insurance coverage, policies or capabilities may be grounds for rejection of the

Proposer’s submitted proposal and rescission of any ensuing Award Agreement.

The COUNTY recommends that all Proposers review the insurance requirements listed within the Draft Agreement with their insurance carriers. A copy of the insurance certificate shall be furnished to the COUNTY prior to the final execution of the COUNTY’s

Award Agreement. The COUNTY reserves the right to reject the award to any Proposer that fails to provide the insurance as required within the COUNTY’s Award Agreement.

3.12. Licenses

Proposers, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida at the time of submittal under this RFP. Failure of the Proposer to be fully licensed and certified, may result in rejection of the Proposer’s submitted proposal and a determination as “Non-Responsive”. Any permits, licenses, or fees required shall be the responsibility of the Proposer. No separate or additional payment will be made for these costs. Adherence to all applicable code regulations, Federal, State, County, City, etc., is the responsibility of the Proposer.

3.13. Posting of the RFP’s Recommendation and Intent to Award

The recommendation and intent to award for this RFP will be posted on the COUNTY’s Website

(https://secure.procurenow.com/portal/seminolefl). Failure to file a protest with the COUNTY’s

Purchasing & Contracts Manager within the time prescribed in the COUNTY's Purchasing Code, Policies and Procedures shall constitute a waiver of proceedings.

3.14. Public Records

Upon recommendation and intent to award this RFP as posted to the COUNTY’s website or thirty (30) calendar days after closing, proposals are considered “public records" and shall be subject to the public disclosure regulations consistent with Chapter 119, Florida Statutes.

Proposers must invoke the exemptions to disclosure provided by law in their response to the solicitation and must identify the data or other materials to be protected by uploading any information deemed confidential separately under “Confidential Files,” and must state the reasons why such exclusion from public disclosure is necessary pursuant to the COUNTY’s, “Compliance With Public Records Law” Form, which is required as part of the RFP documents.

Ownership of all data, material, and documentation originated and prepared for the County pursuant to the RFP shall belong exclusively to the County and be subject to public inspection in accordance with the Public Records Law. Trade secrets or proprietary information submitted by a Proposer shall not be subject to public disclosure under the Public Records Law; however, the

Proposer must invoke the protection of this section prior to or upon submission of the data or other materials, and must identify the data or other materials to be protected and state the reasons why protection is necessary.

3.15. Prohibition Against Contingent Fees

It shall be unethical for any person to be retained, or to retain any company or person, other than a bonafide employee working solely for the Proposer to solicit or secure the Award

Agreement for this RFP, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bonafide employee working solely for the Proposer, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this Award Agreement. For the breach or violation of this provision, the

COUNTY shall have the right to terminate the Award Agreement at its sole discretion, without liability and to deduct from the Award Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.

3.16. Rejection/Disqualification

The COUNTY reserves the right to reject the proposal of any Proposer who has failed to perform, in a timely manner, the scope of services of a previously awarded agreement. The

COUNTY reserves the right to inspect all facilities of Proposers in order to make a determination as to the available resources to perform properly under this award. The COUNTY reserves the right to waive any irregularities, informalities, and technicalities and may, at its discretion, issue a re-procurement. More than one (1) proposal from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that a Proposer is involved in more than one proposal submittal will be cause for rejection of all proposals in which such Proposers are believed to be involved. Any or all proposals will be rejected if there is reason to believe that collusion exists between Proposers.

Proposals in which the prices obviously are unbalanced will be subject to rejection.

3.17. Purchasing Code

Seminole County Code Chapter 220 (Purchasing Code), Administrative Code Section 3.55

(Purchasing Policy), and County Manager Policies apply to this RFP in their entirety.

3.18. Affirmation

By submission of a proposal, the Proposer affirms that their proposal is made without prior understanding, agreement or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud. The Proposer agrees to abide by all conditions of this RFP and the resulting Award Agreement.

3.19. Governmental Restrictions

In the event that any governmental restrictions are imposed which would necessitate alteration of the material quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the Proposer to notify the Purchasing and

Contracts Division at once, indicating in his/her letter the specific regulation which required an alteration, including any price adjustments occasioned thereby. The County reserves the right to accept such alteration or to cancel the contract or order at no further expense to the County.

3.20. Advertising

In submitting a proposal, Proposer agrees not to use the results therefrom as a part of any commercial advertising, without the express written approval of the County Manager’s Office.

3.21. Patents and Royalties

Unless otherwise provided, the Proposer shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of the contract resulting from this

PS. The Proposer, without exception, shall indemnify and save harmless the County and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by the Proposer. In the event of any claim against the County of copyright or patent infringement, the County shall promptly provide written notification to the Proposer. If such a claim is made, the Consultant shall use its best efforts to promptly purchase for the County the legitimate version of any infringing products or services or procure a license from the patent or copyright holder at no cost to County that will allow continued use of the service or product. If none of the alternatives are reasonably available, the County agrees to return the article on request to the Proposer and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.

3.22. Drug-Free Workplace Compliance

Proposer shall comply with Section 287.087, Florida Statutes, and failure to comply shall result in rejection/disqualification of the proposal and all agreements as a result of this solicitation.

3.23. Public Entity Crime

Any Person or affiliate, as defined in Section 287.133, Florida Statutes, shall not be allowed to contract with the COUNTY, nor be allowed to enter into a subcontract for Work on this Project, if such a person or affiliate has been convicted of a public entity crime within three (3) years from the date this Project was advertised for Proposal, or if such person or affiliate was listed on the

State's convicted vendor list, within three (3) years of the date this Project was advertised, whichever time period is greater. A public entity crime means a violation of any state or federal law with respect to and directly related to the transaction of business with any public entity or agency (federal, state or local), including but not limited to, any contract for the construction or repair of a public building or public work involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, forgery, falsification of records, receiving stolen property or material misrepresentation. Any Agreement with the COUNTY obtained in violation of this Section shall be subject to termination for cause. A sub-contractor who obtains a subcontract in violation of this Section shall be removed from the Project and promptly replaced by a sub-contractor acceptable to the COUNTY.

3.24. Proprietary/Restrictive Specifications

Proposers who feel the specifications contained herein are proprietary or restrictive in nature, thus potentially resulting in reduced competition, must notify the Purchasing and Contracts

Division of their rejection upon receipt of this Request for Proposals and prior to the due date.

3.25. Payment Terms/Discounts

The County’s payment terms are in accordance with Section 218, Part VII, Florida Statutes, Florida Prompt Payment Act. Cash discounts for prompt payment shall not be considered in determining the lowest net cost for evaluation purposes.

3.26. Additional Terms and Conditions

Unless expressly accepted by the County, only the terms and conditions in this document and

Award Agreement shall apply. Any and all additional terms and conditions shall have no force and effect, and are inapplicable to this proposal if submitted either purposely through intent or design, or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties. It is understood and agreed that the general and/or special conditions in these RFP documents and any Addenda issued under this solicitation are the only conditions applicable to this proposal and the Proposer's authorized signature on the Proposal Response

Form attests to this.

3.27. Price Redeterminations

1. During the Renewal Term: Petitions for price redeterminations must be made at the time of

County’s notification to the Contractor of the renewal period. Any such petition must be made pursuant to the provisions of this Section and only for those price redetermination categories specified herein. Unless otherwise expressly set forth in this document, no other price redeterminations will be allowed. All price redeterminations will be approved by a duly executed amendment to the Contract to reflect the new prices for the renewal term.

2. Outside the Renewal Term: Petitions for price redeterminations must be made within thirty

(30) days of the anniversary date of the Contract. Any such petition must be made pursuant to the provisions of this Section and only for those price redetermination categories specified herein. Unless otherwise expressly set forth in this document, no other price redeterminations will be allowed. All price redeterminations will be approved by a duly executed amendment to the Contract.

BASIS FOR PRICE REDETERMINATIONS. The Contractor may petition the Purchasing and

Contracts Division for price redetermination based on the increased costs of wages, fuel, or materials. Price redeterminations will be based solely upon changes in pricing or costs documented by either the Employment Cost Index (ECI) or Producer Price Index (PPI), whichever is applicable, as published by the Bureau of Labor Statistics. The base index number for the ECI will be for the quarter in which the solicitation opens. The base index number for the

PPI will be for the month the solicitation opens. Any subsequent price redeterminations will use the last price redetermination approved for that price redetermination category as the "base index number." The County shall have the right to audit the Contractor's records, including, but not limited to, payroll, materials, and fuel cost records, to verify or otherwise investigate the validity of any price redetermination request.

WAGE PRICE REDETERMINATION. When requesting a price redetermination based upon an increase in wage costs, the Contractor shall refer to and utilize the Pay & Benefits, Employment

Cost Index, Private Industry, Compensation as prepared by the Bureau of Labor Statistics in the

U.S. Department of Labor available at www.bls.gov.

MINIMUM WAGE PRICE REDETERMINATION. If the minimum wage increases during the term of the Contract, including any renewal or extension period thereunder, the Contractor may petition the Purchasing and Contracts Division for price redetermination for those job categories where the pay to the Contractor's employee(s) is the current minimum wage. Upon verification of the information provided, the County will grant an increase of exactly the amount of the minimum wage increase (not the percentage increase). The Contractor must increase the pay to the employee(s) by the amount the Contractor has requested, which shall not exceed the amount of the minimum wage increase. The amount paid to the Contractor will be the increase plus any written and documented increase in FICA, Medicare, and Workers' Compensation insurance. The Contractor must supply written documentation of any other increase that is beyond the scope and control of the Contractor. All written documentation must satisfy the reasonable expectations of the Purchasing and Contracts Division.

• Example: Minimum wage increases from $7.31 to $7.56 per hour. The Contractor may petition for an increase of $0.25 per hour to be paid to the affected employee(s) and shall provide written and documented cost increases for FICA, Medicare and Workers' Compensation. The resulting increase in costs shall be incorporated into fees/rates billed to the County.

If the Contractor bills the County at a higher price according to any price redetermination granted by the County, and the Contractor fails to increase the hourly rate paid to the employee for the same period, the Contractor will be considered in Contract default and the Contract will be immediately terminated.

FUEL PRICE REDETERMINATION. If and when the price of fuel increases by a minimum of ten (10%) percent, the Contractor may petition the Purchasing and Contracts Division for a fuel price redetermination. As a condition of petitioning for a fuel price increase, the Contractor shall be required to petition for a fuel price redetermination decrease if and when the price of fuel decreases by a minimum often (10%) percent. Failure to make such petition may be grounds for

Contract termination and shall entitle the County to a refund of the cumulative increase in pay to the Contractor due to any prior fuel price redetermination increase(s). Fuel price redetermination must be based solely upon changes as documented by the Producer Price Index (PPI) for the commodity "Gasoline - WPU057".

MATERIALS PRICE REDETERMINATION. At the anniversary date of the Agreement, the

Contractor may petition the Purchasing and Contracts Division for a materials price redetermination. As a condition of petitioning for a materials price increase, the Contractor shall be required to petition for a materials price redetermination decrease if/when the price of materials used by the Contractor in connection with the Contract decreases. Failure to make such petition may be grounds for Contract termination and shall entitle the County to a refund of the cumulative increase in pay to the Contractor due to any prior materials price redetermination increase(s). Materials price redetermination must be based solely upon changes as documented by the Producer Price Index (PPI) under Inflation & Prices, Industry Data, Construction Machinery Mfg. PCU 333120333120, as published by the Bureau of Labor

Statistics.

PRICE REDETERMINATION CALCULATION. All Price Redeterminations shall be calculated as follows:

Example: Contractor indicated on the Submittal Form that fourteen percent (14%) of the cost to provide the product/service is directly attributed to the redetermination category (wages, fuel, or materials).

PPI in the month the solicitation closed was 158.73 264.52

Current PPI is 264.52 -158.73

105.79

105.79 divided by 158.73 = .666%

The unit cost of the service is $100.00

14% of $100.00 = $14.00

$14.00 x .666 = $9.32

The New Unit Price for the service is $109.32 ($100.00 + $9.32)

EXPIRATION UPON FAILURE TO AGREE TO PRICE REDETERMINATION. If the County and the Contractor cannot agree to a price redetermination pursuant to the terms and conditions of this Section, then the Contract will automatically expire without penalty or further expense to either party after a period of six (6) months following the Contractor's initial request for such price redetermination.

Requests for price redeterminations not made in accordance with the provisions of this Section shall be deemed null and void and shall not be a valid reason or pretext for expiration or termination of the Contract. If the contract expires pursuant to the terms and conditions of this

Section, the County reserves the right, at no expense, penalty, or consequence to the County, to award any remaining tasks thereunder to the next available most responsive and responsible

Contractor.

3.28. Purchasing Agreements With Other Governmental Agencies

All Applicants submitting a response to this solicitation agree that such response also constitutes a submittal to all governmental agencies within the State of Florida, under the same conditions, for the same contract price, and for the same effective period as this proposal, should the Applicant feels it is in their best interest to do so. Each governmental agency desiring to accept these submittals, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no agency assumes any liability by virtue of this solicitation. This agreement in no way restricts or interferes with the right of any governmental agency to re-solicit any or all items.

4. INSTRUCTIONS FOR THE PREPARATION OF

SUBMITTALS

The Proposer is expected to completely analyze the information contained in this Request for

Proposals (RFP) as guidance for the preparation of their written proposal. The Proposer’s written proposal should be specific, detailed, and complete in order to clearly and fully demonstrate the Proposer’s understanding of the proposed work requirements, and it should include a logical plan to accomplish the task(s) under the proposed scope of work.

The Proposer(s) warrants its response to this Request for Proposals to be fully disclosed and correct. The firm must submit a proposal complying with this request for proposals, and the information, documents and material submitted in the proposal must be complete and accurate in all material aspects. The proposals shall include all of the information solicited in this RFP and any additional data that the Proposer deems pertinent to the understanding and evaluation of the proposal. Proposals must be organized and sections tabbed in the order noted below.

The Proposer shall not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration since oral presentations or demonstrations are at the option of the County. Marketing materials shall not be included as documentation of Proposer’s ability to provide services required. Compliance with all requirements will be solely the responsibility of the Proposer and failure to provide requested information may result in disqualification of response.

4.1. Type of Business*

☐ Corporation

☐ Joint Venture

☐ Partnership

☐ Proprietorship

*Response required

4.2. Type in your Legal Entity Name Here.*

This name will be verified against the Secretary of State website.

*Response required

4.3. Incorporated in the State of ________.*

Ex.) Florida

*Response required

4.4. List of Principals*

*Response required

4.5. W-9 Form*

Please upload your current W9 form here

*Response required

4.6. License Sanctions

Regulatory/license agency sanctions within the past 5 years.

4.7. Insurance Confirmation (for the Insurance Agency to complete)*

Proposer shall have their Insurance Agency complete this form. Once completed, Proposer shall submit it here.

• INSURANCE_CONFIRMATION.docx

*Response required

4.8. Similar Project Experience - References*

Please download the below document, complete, and submit here.

• SIMILAR_PROJECT_EXPERIENCE_...

*Response required

4.9. Certification*

Pursuant to and in compliance with the Request for Proposals, the undersigned Proposer agrees to perform the Work in strict conformity with Contract Documents, including any and all addenda, on file for the rates hereinafter set forth. The undersigned Proposer declares that the only persons/parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any person, firm or corporation; and proposes and agrees that, if the proposal is accepted, Proposer will execute an Agreement with the COUNTY and will furnish Insurance Certificates.

Under penalties of perjury, I declare that I have read the foregoing Certification Form and the facts stated in it are true to the best of my knowledge and belief.

☐ Please confirm

*Response required

4.10. Proposal Content*

WARNING: DO NOT UPLOAD CONFIDENTIAL INFORMATION HERE.

A. Letter of Transmittal: This letter will summarize in a brief and concise manner, the

Proposer's understanding of the scope of work and make a positive commitment to perform the work in a timely manner. The letter should name all of the persons authorized to make representations for the Proposer, including the titles, addresses and telephone numbers of such persons. An authorized agent of the Proposer must sign the

Letter of Transmittal indicating the agent’s title or authority. This letter should also serve as acknowledgement by the Proposer that the contents of the submittal are true and accurate, and that the requirements of this RFP can be met, including but not limited to, https://government-project.s3.us-west-2.amazonaws.com/20889/03a2795b-febb-499c-acbc-de16cc804d0c_INSURANCE_CONFIRMATION.docx?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1674742021&Signature=TFgQqXICNCR1LWv4U3hTiiNrtKk%3D&response-content-disposition=attachment%3B%20filename%3D%22INSURANCE_CONFIRMATION.docx%22 https://government-project.s3.us-west-2.amazonaws.com/20889/4ff7086b-03be-4246-959a-107cb59c3de7_SIMILAR_PROJECT_EXPERIENCE_5.docx?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1674742021&Signature=0g5%2BJcj0WcdPNUPZugYAHPsr2Ic%3D&response-content-disposition=attachment%3B%20filename%3D%22SIMILAR_PROJECT_EXPERIENCE_5.docx%22 insurance, bonding and licensing requirements. Further, the Proposer acknowledges their intent to execute an Agreement with the COUNTY.

B. STATEMENT OF QUALIFICATIONS/PERSONNEL: Each proposal shall include a statement of the contractor’s qualifications that includes:

1. A description of the contractor’s experience with similar work, including references for at least three (3) existing or past clientele. Use “Similar Project Experience” form.

The County intends to conduct reference checks of those clients. These checks will be designed to validate the company’s performance, ascertain the difference (if any) between expectations and delivery, and determine overall satisfaction with the company’s services.

C. PROJECT UNDERSTANDING AND APPROACH: Each proposal shall include a statement detailing the contractor’s understanding of, and planned approach to, the services contemplated in the Scope of Services section of this document. This statement shall include the following:

1. A description of contractor’s understanding of the Scope of Services and how contractor will approach work.

D. PRICE PROPOSAL: Proposer must submit costs inclusive of all direct and indirect components, services, insurance, coordination and incidentals necessary for the performance of the services.

1. When the Price Proposal Form(s) is included as part of the solicitation documents, Proposals must be submitted only upon the forms provided, with all items properly filled out in non-erasable permanent ink and must be properly signed and dated. The

Proposal Form(s) will be rejected if it shows any omissions, alterations of form of any kind.

*Response required

4.11. Upload Price Proposal

Please download the below documents, complete, and upload.

• Price_Proposal.pdf

4.12. Equipment List*

Did you upload the list of equipment with the price proposal?

*Response required

4.13. Confidential File(s)

In compliance with Chapter 119, Florida Statutes, if Proposer must include confidential information that qualifies as “EXEMPT FROM PUBLIC RECORDS LAW" as part of their response to this RFP, it shall be uploaded here.

https://government-project.s3.us-west-2.amazonaws.com/29873/16496494-7d53-44c9-8f94-3bb916dfa7bb_Price_Proposal.pdf?AWSAccessKeyId=AKIAJX4CP36AEOP5JL2A&Expires=1674742021&Signature=eQELznKO2Z1np6TNLYCBQHzunfE%3D&response-content-disposition=attachment%3B%20filename%3D%22Price_Proposal.pdf%22

If the company submits information exempt from public disclosure, the company must identify why the information is exempt from the Public Records Act, identifying the specific exemption section that applies to each.

5. EVALUATION PHASES

EVALUATION PROCESS: Each proposal will be reviewed, evaluated, and scored as part of the formal selection process. The Proposer’s proposal will be substantial part of the decision process to select a Provider. Each proposal will be reviewed independently based solely on the merits of the proposal. The proposals will then be scored and a short list of Proposers will be selected for additional evaluation, Proposer presentations and reference checks. The COUNTY shall be the sole judge of its own best interests, the proposals, and the resulting agreement. The

COUNTY’s decisions will be final. Award will be made to the proposal which presents the best value to the COUNTY based on the evaluation process and all the information gathered.

The County reserves the right to evaluate, prior to making an award, current financial statements and data from the Proposers, the ability to comply with required schedule, past record of integrity and past record of performance.

ASSESSMENT:

The Evaluation Committee will evaluate each proposal against the criteria stated in the solicitation. Assessment results may be stated as follows:

Highly Acceptable: Proposal exceeds the requirements in a way that benefits the County or meets the requirements and has enhancing features benefit the County.

Acceptable: Proposal meets the County requirements. Any weakness is minor.

Marginal: Proposal contains weaknesses or minor deficiencies which could have an impact, if accepted.

Unsatisfactory: Proposal does not comply substantially with the requirements.

The submittals will be evaluated on:

Strengths: Those areas in which the proposal exceeds the County’s requirements.

Weaknesses: Those areas where the proposal lacks soundness or effectiveness which could prevent fully successful performance of the contract.

Deficiencies: Those areas where the proposal fails to meet the County’s requirements.

EVALUATION METHOD AND CRITERIA: Proposals will be evaluated using the criteria listed below to ascertain which proposal best meets the requirements of the County. The items to be considered during the evaluation and associated point values are as follows:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Qualifications of the Firm and Personnel Points Based 25 (25% of Total)

2. Project Understanding and Overall

Management Points Based 25

(25% of Total)

3. Resources and Equipment Points Based 25

4. Fee Structure Points Based 25