ITN-DOT-10/ DC

Transcription

1 State of Florida Department of Transportation (FDOT) INVITATION TO NEGOTIATE AGGREGATE EXTRACTION SERVICES AT FORMER OPA- LOCKA WEST GENERAL AVIATION AIRPORT ITN-DOT-10/ DC CONTACT FOR QUESTIONS: David Callaway, Procurement Agent FAX: Phone: FDOT Procurement Office 605 Suwannee St., MS-20 Tallahassee, FL [1]-Revised

2 TABLE OF CONTENTS FORMS AND INSTRUCTIONS INVITATION TO NEGOTIATE REGISTRATION FORM Complete and Return ASAP QUALIFICATIONS QUESTIONNAIRE Complete and Return by Reply Due Date and Time MBE PLANNED UTILIZATION FORM if applicable SCRUTINIZED COMPANIES LISTS FORM if applicable ATTACHMENT 1 DUN & BRADSTREET REPORT and FINANCIAL STATEMENTS; to be submitted with Qualifications Questionnaire ITN CHECKLIST SECTION 1 INTRODUCTION SECTION 1.1) Invitation 1.2) Timeline 1.3) Public Meeting Agenda 1.4) Special Accommodations SECTION 2 SPECIAL CONDITIONS 2.1) MyFloridaMarketPlace 2.2) Questions & Answers 2.3) Changes to the Invitation to Negotiate (Addenda) 2.4) Best Value Selection & Public Meetings 2.5) Technical Review Team and Executive Committee 2.6) Scope of Services and Supporting Documentation 2.7) On-Site Pre-Reply Conference 2.8) Qualifications 2.9) Payment Schedule and Minimum Payments 2.10) Diversity Achievement 2.11) Contract Document 2.12) Review of Vendor s Facilities & Qualifications 2.13) Protest of Invitation to Negotiate Specifications 2.14) Unauthorized Aliens 2.15) Scrutinized Companies Lists 2.16) Responsiveness of Replies & Reservations 2.17) Copyrighted Material 2.18) Attachments to ITN Submittals Confidential Material 2.19) Costs Incurred in Responding 2.20) Submission of Sealed Reply 2.21) Modifications, Resubmittal and Withdrawal 2.22) Opening of Sealed Replies 2.23) Evaluation Criteria 2.24) Oral Presentations 2.25) Proposed Negotiation Process 2.26) Posting of Short-list, Ranking and/or Intended Award 2.27) Liability Insurance 2.28) Award of the Contract 2.29) Attached Terms and Conditions 2.30) Precedence of Terms and Conditions 2.31) Inapplicable provisions of attached Forms PUR 1000 and PUR ) Attached Supporting Documentation 2.33) Permit Obligation Reassignment 2.34) Option Period [2]-Revised

3 TABLE OF CONTENTS (continued) SECTION 3 EXHIBIT A, SCOPE OF SERVICES SECTION 4 STANDARD WRITTEN AGREEMENT SECTION 5 GENERAL CONTRACT CONDITIONS (PUR 1000) SECTION 6 GENERAL INSTRUCTIONS TO RESPONDENTS (PUR1001) SECTION 7 ATTACHED SUPPORTING DOCUMENTATION 7.1) Executed Aggregate Extraction Agreement between Miami-Dade County and the Department, dated April 23, a) Executed Aggregate Extraction Agreement between Miami-Dade County and the Department, dated August 5, b) Executed First Amendment to Aggregate Extraction Agreement between Miami-Dade County and the Department, dated August 5, ) Miami-Dade County Resolution No. R-57-10, dated January 21, 2010 (includes MDAD Resolution No. R , dated December 4, 2007, and Army Corps of Engineers Permit Application No.SAJ (IP-LAO). 7.3) Florida Department of Environmental Protection Individual Environmental Resource Permit No , dated October 21, [3]-Revised

4 State of Florida Department of Transportation Procurement Office 605 Suwannee St., MS-20 Tallahassee, FL INVITATION TO NEGOTIATE REGISTRATION ****************************************************************************** PLEASE COMPLETE AND RETURN THIS FORM ASAP TO THE ABOVE ADDRESS OR FAX TO (850) ****************************************************************************** ITN Number: ITN-DOT-10/ DC Title: Aggregate Extraction Services at former Opa-locka West General Aviation Airport Sealed Reply Due Date & Time: May 27, 2014 at 2:00 PM, EST Vendors should notify our office by returning this Registration Form as soon as possible after downloading. Complete the information below and fax this sheet only to the Florida Department of Transportation Procurement Office at (850) , or mail to the address noted above. THE INVITATION TO NEGOTIATE DOCUMENT YOU RECEIVED IS SUBJECT TO CHANGE. Notice of changes (addenda), will be posted on the Florida Vendor Bid System at under this ITN number (click on BUSINESS, click on Doing Business with the State, under Everything for Vendors and Customers, click on Vendor Bid System (VBS), then click on Search Advertisements, click on the drop-down arrow beside the box under Advertisement Type, select Competitive Solicitation, click on the dropdown arrow beside the box under Agency, select DEPARTMENT OF TRANSPORTATION, then go to the bottom of the same page and click on Initiate Search). It is the responsibility of all potential vendors to monitor this site for any changing information prior to submitting your reply. Company Name: Address: City, State, Zip: Telephone: ( ) Fax Number: ( ). Contact Person: Internet Address: For further information on this process, you may or telephone: David Callaway at david.callaway@dot.state.fl.us or phone at (850) [4]-Revised

5 QUALIFICATIONS QUESTIONNAIRE Page 1 of 2. INVITATION TO NEGOTIATE #: ITN-DOT-10/ DC TITLE: Aggregate Extraction Services at Former Opa-locka West General Aviation Airport. VENDOR: FAX #:. SUBMITTED BY: SIGNED: Date:. (Name Printed) (Signature) =============================================================================== Please respond to the following: 1. Company Experience 1.1. How many years of business experience does the company have mining underwater limestone in Florida? 1.2. What is the company s experience mining limestone to depths greater than 60 feet below a working platform for the dragline? 1.3. What is the company s experience with producing multiple finished products like coarse and fine aggregate and limerock base? 1.4. Has the company operated an individual mine with annual production exceeding three million tons per year? 1.5. What is the company s experience with the environmental permitting process in Florida and Miami Dade County? 2. Management Plan 2.1. Chain of Command: Describe the roles of key personnel. Provide resumes as applicable How will upper management support staff in their duties as described in the mine s Quality Control Plan? 2.3. Communication Model Internal: Describe the company s means to ensure that all personnel in the mine will interact to work as a team External Customers: How does the company ensure customer satisfaction? How accurately is the customer s sales order maintained? How does the company deal with customer complaints? Community: How does the company deal with Public Relations issues? With the FDOT: How does the company plan on communicating with the Department? 2.4. Sales Records: Describe the Company s system for projecting and maintaining sales records with specific regard to operations in the Miami Dade Lake Belt area (see Florida Statute ) Trained Personnel: List all personnel with their required FDOT Construction Training Qualification Program (CTQP) records and technician Identification Numbers. 3. Work Plan 3.1. What is the company s plan for capital improvements on site if any? [5]-Revised

6 3.2. Inventory Plan: Describe the company s plan to maintain control of inventory quantities of aggregate produced and sold under this contract Product Delivery Availability of Material: What business model will the company follow to ensure a viable supply of each type of material produced for this contract? Correct Product: What plans does the company have for ensuring the correct loading of the products? 4. Technical Plan 4.1. FDOT Aggregate Rule Compliance: How will the company maintain compliance with Rule Chapter , Florida Administrative Code after initial approval? 4.2. Quality Control Plan: Describe the company's approach to statistical analysis and management of Quality Control data to ensure compliance with the Department s requirements Prompt Corrective Action: Describe how the company intends to apply the right corrective action to typical issues you anticipate that may occur during this contract. 5. Preliminary Price Proposal or Pricing Scheme 5.1. Describe how the company would ensure the maximum financial return for Miami Dade Aviation Department (MDAD) Provide an estimate of revenue and timeline for revenue generation to MDAD. Provide a Minimum Annual Royalty, as described in Section Provide an average sale price per ton production royalty, as described in Section 2.9. NOTE: Return the following with this QUALIFICATIONS QUESTIONNAIRE : 1) A printed copy of the entire Dun & Bradstreet Comprehensive Insight Plus Report about your company (see Attachment 1, and Special Condition 2.8.1), 2) Copies of audited or reviewed Financial Statements about your company for the last three (3) years (see Attachment 1) 3) The Scrutinized Companies Lists Form, if applicable (see Special Condition 2.15) 4) The MBE Planned Utilization Form, if applicable (see Special Condition 2.10) WORK REFERENCES List the names and location(s) of mines at which your business has conducted similar services BUSINESS NAME ADDRESS CONTACT PERSON PHONE NO [6]-Revised

7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROCUREMENT MBE PLANNED UTILIZATION 12/09 PROCUREMENT NO. ITN-DOT-10/ DC. FINANCIAL PROJECT NO.. (Department Use Only) DESCRIPTION: Aggregate Extraction Services at Former Opa-locka West General Aviation Airport. I,.,. (name) (title) of. plan to subcontract at least % (percent) of the project costs on the above reference project to Minority Business Enterprises or Community Small Business Enterprises. If I have indicated above that a portion of the project costs will be subcontracted to MBE(s), the firms considered as Proposed subconsultants/contractors and the types of services or commodities to be subcontracted are as follows: MBE SUBCONSULTANTS/CONTRACTORS TYPES OF SERVICES/COMMODITIES I understand that I will need to submit Minority Business Enterprises (MBE) payment certification forms to the Department for reporting purposes only. Signed: Title: Date: [7]-Revised

8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Florida Statutes VENDOR CERTIFICATION REGARDING PROCUREMENT SCRUTINZED COMPANIES LISTS 06/11 Respondent Vendor Name: Vendor FEIN: Vendor s Authorized Representative: Name and Title: Address: City: State: Zip: Phone Number: Address:. Section , Florida Statutes, prohibits agencies from contracting with companies, for goods or services of $1 million or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section , Florida Statutes. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the section entitled Respondent Vendor Name is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. I understand that pursuant to section , Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney s fees, and/or costs. Certified By:, who is authorized to sign on behalf of the above referenced company. Authorized Signature Print Name and Title: [8]-Revised

9 ATTACHMENT 1 DUN & BRADSTREET REPORT and FINANCIAL STATEMENTS The Department has chosen to use Dun & Bradstreet (D&B) to assist with the evaluation process of this ITN through a comprehensive report that D&B will generate about your company when you provide them with requested information. The D&B report is called the Comprehensive Insight Plus Report, which will provide a company summary with business, payment, and financial information all in one report. This report, as well as copies of audited or reviewed Financial Statements about your company for the last three (3) years should be submitted with your completed Qualifications Questionnaire. It is very important that respondents provide the information to Dun & Bradstreet to order the report as soon as possible. The report may be ordered from the Dun & Bradstreet Retail Website at or by calling Dun & Bradstreet at ; and the cost is about $150. A printed copy of the entire report from D&B, and copies of audited or reviewed financial statements about your company for the last three (3) years should be submitted with the completed Qualifications Questionnaire for your company to be considered for this contract. [9]-Revised

10 ITN CHECKLIST (DOES NOT NEED TO BE RETURNED WITH YOUR REPLY) This Checklist is provided as a guideline, only, to assist Vendors in the preparation of their ITN response. Included are some important matters that the vendor should check. This checklist is just a guideline, and is not intended to include all matters required by the ITN. Vendors are responsible to read and comply with the ITN in its entirety. Check off each of the following: 1. The Qualification Questionnaire has been completed, as specified (one (1) original and the specified number of copies), and enclosed in the ITN response. 2. A printed copy of the entire Dun & Bradstreet Comprehensive Insight Plus Report about your company (see Attachment 1, and Special Condition 2.8.1) is included with the Qualifications Questionnaire. 3. Copies of audited or reviewed financial statements about your company for the last three (3) years (see Attachment 1) are included with the Qualifications Questionnaire. 4. The Scrutinized Companies Lists certification form has been read, signed, and enclosed in the bid response, if applicable (bids of $1 million or more). 5. The MBE Planned Utilization Form, if applicable (see Special Condition 2.10) has been completed and included with the Qualifications Questionnaire.. 6. The Scope of Services, Exhibit A, has been thoroughly reviewed to ensure the technical proposal submitted is in compliance with the ITN requirements. 7. The website has been checked and any Addendums posted have been completed, signed, and included in the ITN response. 8. The ITN response must be received, at the location specified, prior to the Opening Date and Time designated in the ITN. 9. On the Lower Left Hand Corner of the Envelope or Package transmitting your ITN response, write in the following information: ITN No.: ITN-DOT-10/ DC. Title: Aggregate Extraction Services at Former Opa-locka West General Aviation Airport Opening Date & Time: May 27, 2014 at 2:00 PM, EST [10]-Revised

11 S E C T I O N 1 - I N T R O D U C T I O N 1.1) INVITATION The State of Florida Department of Transportation (hereinafter referred to as the "Department") is soliciting written replies from vendors interested in participating in competitive negotiations to establish a term contract to provide turn-key services to open and run a limestone, limerock, overburden, sand, topsoil, and fill materials mine supplying construction aggregates to Miami-Dade, Broward, and Monroe Counties, and other locations as approved by the Miami-Dade Board of County Commissioners. It is anticipated that the term of the agreement will be from the date of contract execution through ten (10) years thereafter, with agency option of two (2) renewals of five (5) years each. This agreement will be assigned by the Department to Miami-Dade County s Aviation Department (MDAD), and will require the contract vendor to periodically pay MDAD as outlined herein. Negotiations will determine the method to ensure the maximum quantity of payment to MDAD. The mine will be located at the West ½ of Section 2, Township 52 South, Range 39 East, less the North ft of Miami-Dade County, FL AND The N.E. ¼ of Section 3, Township 52 South, Range 39 East, less the South 1/2 of South ½ thereof, and also less the North , and also less the right of way of State Road 25 (per State Road Department Right-of-Way Section , Dated 4/22/70 last revised 6/7/79), of Miami-Dade County, FL. References to the site, the premises, the leased premises, the property or the mine shall be understood to include the parcels described above. See Exhibit A for Scope of Services 1.2) TIMELINE Provided below is a list of critical dates and actions. These dates are subject to change. Notices of changes (addenda) will be posted on the Florida Vendor Bid System at (click on BUSINESS, click on Doing Business with the State, under Everything for Vendors and Customers, click on Vendor Bid System (VBS), click on Search Advertisements ) under this ITN number. It is the responsibility of all potential respondents to monitor this site for any changing information prior to submitting their reply. ACTION / LOCATION DATE LOCAL TIME ADVERTISEMENT ON VENDOR BID SYSTEM PRE-REPLY MEETING/SITE VISIT (PUBLIC MEETING) :00 AM Location: Former Opa-locka West Airport N. Okeechobee Rd, Hialeah, FL (7/10 mile north of NW 186th Street on US 27N (North Okeechobee Rd.) (Driveway is marked by a sign that says County Line Dragway ) Miami-Dade County, Florida DEADLINE FOR TECHNICAL QUESTIONS :00 PM (There is no deadline for administrative questions) REPLIES DUE & OPENED AT PUBLIC MEETING :00 PM FDOT Procurement Office 605 Suwannee Street, MS-20 Tallahassee, FL Phone#: [11]-Revised

12 PUBLIC MEETING TO EVALUATE REPLIES AND RECOMMEND SHORT-LIST FDOT Haydon Burns Building 605 Suwannee Street, Room 479 Tallahassee, FL Phone#: PUBLIC MEETING TO APPROVE SHORT-LIST Executive Committee Meeting FDOT Haydon Burns Building 605 Suwannee Street, Room 479 Tallahassee, FL Phone#: POSTING OF SHORT-LIST ON VBS- 06/17/ :30 AM 06/17/2014 2:00 PM 06/17/2014 5:00 PM ORAL PRESENTATIONS - (Start date) Week of 06/30/2014 FDOT Procurement Office 605 Suwannee Street, MS-20 Tallahassee, FL Phone#: PUBLIC MEETING TO SUMMARIZE EVALUATIONS AND RECOMMEND RANKING FDOT Procurement Office 605 Suwannee Street, Room 479 Tallahassee, FL Phone#: PUBLIC MEETING TO APPROVE RANKING AND MAKE FINAL SELECTION / INTENDED AWARD Executive Committee Meeting FDOT Procurement Office 605 Suwannee Street, Room 348 Tallahassee, FL Phone#: POSTING OF RANKING/INTENDED AWARD ON VBS- 07/15/ :00 AM 07/15/2014 2:00 PM 07/15/2014 5:00 PM 1.3) PUBLIC MEETING AGENDA Agenda Pre-Reply/Site Visit Meeting for ITN-DOT-10/ DC Starting Time: see Timeline in ITN solicitation - Summarize the purpose of the ITN - Site visit/tour of the proposed mine location - Question and Answer Agenda Public Opening (Initial Replies) of initial replies to ITN-DOT-10/ DC Starting Time: see Timeline in ITN solicitation - Opening remarks of approx. 2 minutes by Department Procurement Office personnel. - Public input period To allow a maximum of 15 minutes total for public input related to the ITN solicitation. - At conclusion of public input or 15 minutes, whichever occurs first, the initial replies received timely will be opened, with respondent s name read aloud and tabulated. - Adjourn meeting. [12]-Revised

13 Agenda Meeting to Recommend Short-List for ITN-DOT-10/ DC: Starting Time: see Timeline in ITN solicitation - Opening remarks of approx. 2 minutes by Department Procurement Office personnel. - Public input period To allow a maximum of 15 minutes total for public input related to the ITN solicitation. - At conclusion of public input or 15 minutes, whichever occurs first, the evaluations of Initial Replies received will be summarized. - Rank firms evaluated from highest to lowest. - Recommend the number of highest ranked firms to include on Short List. - Announce the names of the recommended Short-Listed firms and when the decision will be approved and posted on the Vendor Bid System (VBS). - Adjourn meeting. Agenda Meeting to Approve Short-List for ITN-DOT-10/ DC: Starting Time: see Timeline in ITN solicitation - Opening remarks of approx. 2 minutes by Department Procurement Office personnel. - Public input period To allow a maximum of 15 minutes total for public input related to the ITN solicitation. - At conclusion of public input or 15 minutes, whichever occurs first, the evaluations of Initial Replies received reviewed. - Summarize the evaluations, ranking, and short-list of firms recommended - Announce the names of the Short Listed firms and when the decision will be posted on the Vendor Bid System (VBS). - Adjourn meeting. Agenda Oral Presentation Agenda for Oral Presentation for ITN-DOT-10/ DC: Starting Time: see Timeline in ITN solicitation - Presentation of proposed services and capabilities by the shortlisted firm(s). - Questions and Answers between presenting firm and Department evaluators - Recap and discussion among evaluation team - Adjourn Agenda Meeting to Summarize Evaluations & Recommend Ranking for Final Selection: Starting Time: see Timeline in ITN solicitation - Opening remarks of approx. 2 minutes by Department Procurement Office personnel. - Public input period To allow a maximum of 15 minutes total for public input related to the ITN solicitation. - At conclusion of public input or 15 minutes, whichever occurs first, there will be Recap and discussion among evaluation team to determine ranking for best value. - Announce the recommended ranking. - Announce time and date of meeting to approve ranking for the Intended Award. - Adjourn. Agenda Meeting to Approve Ranking for Final Selection/Intended Award: ITN-DOT-10/ DC: Starting Time: see Timeline in ITN solicitation - Opening remarks of approx. 2 minutes by Department Procurement Office personnel. - Public input period To allow a maximum of 15 minutes total for public input related to the ITN solicitation. - At conclusion of public input or 15 minutes, whichever occurs first, summarize the evaluations and ranking that led to the evaluation team s recommendation. - Announce Respondent determined to be best value as the Intended Award. - Announce time and date the decision will be posted on the Vendor Bid System (VBS). - Adjourn. [13]-Revised

14 1.4) SPECIAL ACCOMMODATIONS Any person with a qualified disability requiring special accommodations at a pre-reply conference, public meeting, oral presentation and/or opening shall contact the contact person at the phone number, address or fax number provided on the title page at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at 1 (800) (TDD). SECTION 2 - S P E C I A L 2.1) MyFloridaMarketPlace C O N D I T I O N S Since July 1, 2003, the Department has been using the State of Florida s web-based electronic procurement system, MyFloridaMarketPlace. VENDORS MUST BE REGISTERED IN THE STATE OF FLORIDA S MYFLORIDAMARKETPLACE SYSTEM BY THE TIME AND DATE THE SEALED REPLIES ARE DUE OR THEY MAY BE CONSIDERED NON-RESPONSIVE (see Special Condition 2.16). All prospective vendors that are not registered should go to to complete on-line registration, or call for assisted registration. All payment(s) to the vendor resulting from this competitive solicitation WILL be subject to the 1% MFMP Transaction Fee in accordance with the attached Form PUR 1000, General Contract Condition #14. (Vendors will note that the payments to be made under the agreement will be FROM the successful Vendor TO MDAD.) 2.2) QUESTIONS & ANSWERS In accordance with section (23), Florida Statutes, respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. Any technical questions arising from this Invitation to Negotiate must be forwarded, in writing, to the procurement agent identified below. Questions must be received no later than the time and date reflected on the Timeline. The Department s written response to written inquiries submitted timely by vendors will be posted on the Florida Vendor Bid System at (click on BUSINESS, click on Doing Business with the State, under Everything for Vendors and Customers, click on Vendor Bid System (VBS), click on Search Advertisements ), under this ITN number. It is the responsibility of all potential vendors to monitor this site for any changing information prior to submitting their reply. WRITTEN TECHNICAL QUESTIONS should be submitted to: David Callaway, Procurement Agent, either by to david.callaway@dot.state.fl.us or by regular mail to the FDOT Procurement Office, 605 Suwannee Street, MS-20, Tallahassee, FL Questions regarding administrative aspects of the procurement process should be directed to the Procurement Agent in writing at the address above or by phone: (850) ) CHANGES TO THE INVITATION TO NEGOTIATE (ADDENDA) Notices of changes (addenda) will be posted on the Florida Vendor Bid System at (click on BUSINESS, click on Doing Business with the State, under Everything for Vendors and Customers, click on Vendor Bid System (VBS), click on Search Advertisements ) under this ITN number. It is the responsibility of all potential vendors to monitor this site for any changing information prior to submitting your reply. All addenda will be acknowledged by signature and subsequent submission of addenda with reply when so stated in the addenda. 2.4) BEST VALUE SELECTION & PUBLIC MEETINGS The Department intends to contract with the responsive and responsible Vendor whose proposal is [14]-Revised

15 determined by the Technical Review Team and Executive Committee to provide the best value to the Department and MDAD. "Best value", as defined in Section (4), F.S., means the highest overall value to the state based on objective factors that include, but are not limited to, price, quality, design, and workmanship. Specific events in the competitive negotiation process will be conducted at public meetings of the Technical Review Team and Executive Committee. The specific events are noted in the Timeline (see Section 1.2 of Introduction Section). Minutes will be taken at all Public Meetings and will be retained in the procurement file. 2.5) TECHNICAL REVIEW TEAM AND EXECUTIVE COMMITTEE The Technical Review Team and the Executive Committee will each be composed of at least three (3) persons who collectively have experience and knowledge in negotiating contracts, contract procurement, and the program area for which the commodities and/or contractual services are sought. The teams will be involved in the reviews/evaluations, oral presentations, negotiations, and recommendation for award. The team leader, usually the project manager, will ensure consistent scoring and documentation to facilitate and support a consensus decision for the intended award. The Technical Review Team and Executive Committee will provide a short plain statement for the procurement file that explains the basis for vendor selection and how the vendor's deliverables and price will provide the best value to the state. 2.6) SCOPE OF SERVICES and SUPPORTING DOCUMENTATION ATTACHED Details of the desired services, information and items to be furnished by the Vendor are described in Exhibit A, Scope of Services, attached hereto and made a part hereof. Documentation of any revisions that may occur during the competitive negotiation process will be retained in the procurement file. See Section 7 for additional supporting documentation included to provide vendors with additional background information on this project. 2.7) ON-SITE PRE-REPLY MEETING The Department will convene a meeting to provide an open forum for the Department to review the Scope of Services for this Invitation to Negotiate (ITN) and respond to questions from potential vendors regarding the scope of services, ITN requirements, contractual requirements, method of compensation, and other conditions or requirements that may, in any manner, affect the work to be performed. The Pre-Reply Meeting will be held at the date, time and location noted in the Timeline (See Introduction Section 1.2, Timeline). Any changes and/or resulting addenda to the ITN will be the sole prerogative of the Department. Attendance at this pre-reply meeting is Highly Recommended. Each vendor should fully acquaint themselves with the conditions relating to the performance of services under the conditions of this solicitation. This may require an on-site visit. No allowances will be made to the awarded vendor because of lack of knowledge about conditions or requirements, and the awarded vendor will not be relieved of any liabilities or obligations. 2.8) QUALIFICATIONS Qualifications Questionnaire Interested vendors must complete and submit the "Qualifications Questionnaire" and provide the Dun & Bradstreet Report and Financial Statements specified in Attachment 1, to show that they have the necessary qualifications, experience, and capability to meet the requirements of the Department in providing Aggregate Extraction Services, as specified in Exhibit A, Scope of Services. The replies to the "Qualifications Questionnaire", the information provided in the Dun & Bradstreet report, and the financial information provided by the vendors in their submittals will be reviewed and evaluated to determine the shortlist of vendors that are best able to meet the requirements of the Department and proceed to Step 3 in the competitive negotiation process (see section 2.25) Authorized To Do Business in the State of Florida [15]-Revised

16 In accordance with sections , , and , Florida Statutes, foreign corporations, foreign limited liability companies, and foreign limited partnerships must be authorized to do business in the State of Florida. Such authorization should be obtained by the reply due date and time, but in any case, must be obtained prior to posting of the intended award of the contract. For authorization, contact: Florida Department of State Tallahassee, Florida (850) Licensed to Conduct Business in the State of Florida If the business being provided requires that individuals be licensed by the Department of Business and Professional Regulation, such licenses should be obtained by the reply due date and time, but in any case, must be obtained prior to posting of the intended award of the contract. For licensing, contact: Florida Department of Business and Professional Regulation Tallahassee, Florida (850) E-VERIFY Utilization The Florida Department of Transportation shall require the following as a condition of all contracts: Vendor/Contractor: 1. shall utilize the U.S. Department of Homeland Security s E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 2.9) PAYMENT SCHEDULE AND MINIMUM PAYMENTS a) Option Payment As is described elsewhere in this solicitation, the Successful Proposer shall have 90 days from execution in which to enter onto the property and to conduct reasonable site and subsurface investigations. To secure this right, within five days of execution the Successful Proposer shall convey to the County an Option Payment of Five Hundred Thousand Dollar ($500,000.00). In the event that the Option to execute the Mineral Lease Agreement is then performed, the Option Payment will be fully credited against the initial Minimum Annual Royalties prescribed in the Mineral Lease Agreement. In the event that the Mineral Lease Agreement is not executed by the successful Vendor, the Option Payment is retained by the Department. For each day of prospecting during the Option Period that is suspended due to inclement weather, the Option Period will be extended two days, provided that in no event the Option Period shall be extended beyond 120 days following the execution date. b) Permit Payment The Successful Vendor shall pay the County a permitting fee of One Million Dollars ($1,000,000.00) (herein called the Permitting Payment ). The Permitting Payment shall be paid within ten (10) business days of issuance of notice to proceed under this agreement. In the event that the Successful Vendor has not, within two years after issuance of Notice to Proceed, received all permits or other approvals from all Authorities Having Jurisdiction, including but not limited to FDEP, DERM, Zoning, and other approvals, the Agreement may be terminated in accordance with the negotiated terms. In the event of such termination, the County shall be entitled to retain the Permitting Payment to defray against the delay in successful mining of the property and the associated loss of opportunity and revenue. In the alternative, in the event that the Agreement is not terminated, Successful Vendor shall pay liquidated damages to the County in the amount of five hundred thousand ($500,000) per month until all permits are received. Notwithstanding the preceding, in the event that the Successful Vendor is taking demonstrable good faith efforts to receive all permits and approvals, the County may, at its sole discretion, allow the Successful [16]-Revised

17 Vendor up to one (1) additional year to secure such permits and approvals. In the event that any third party files any formal administrative challenge to the issuance of any such permit or approval, or if any third party brings any action seeking to prohibit issuance of any such permit or approval, and if such challenge or action in fact prevents issuance of such permit or approval, the deadlines in this subsection shall be tolled for the duration such challenge or action prevents issuance. As used in this Subsection, third parties shall not include any department or subdivision of the State or the County. c) Plant Construction Payment Within ten (10) business days after the receipt of all applicable permits and approvals, the Successful Vendor shall pay the County the sum of One Million Dollars ($1,000,000.00) (herein called the Plant Construction Payment ) in cash. In the event that the Successful Vendor has not, within one year after payment of the Plant Construction Payment, constructed facilities on the site and/or located sufficient manpower and equipment on the site as to permit commencement of mining, the Agreement may be terminated, and, in the event of such termination, the County shall be entitled to retain the Plant Construction Payment to defray against the delay in successful mining of the property and the associated loss of opportunity and revenue. In the alternative, in the event that the Agreement is not terminated, Successful Vendor shall pay liquidated damages to the County in the amount of five hundred thousand ($500,000) per month until the commencement of mining activities. Notwithstanding the above, the Successful Vendor may seek to demonstrate its ability to process and sell materials offsite in lieu of constructing a plant on site. In the event the Successful Vendor chooses this option, it shall have 90 days from the date of execution of the agreement to provide Miami-Dade with an alternative off-site processing plan. If MDAD and FDOT in their sole discretion determine that the Successful Vendor has demonstrated the ability to process and sell the material off site, the Successful Vendor shall have one year from the date of such determination to commence mining activity. d) Royalties Royalty payments become effective upon receipt of all permits and/or completion and construction of plant and equipment. Minimum Annual Royalty The Minimum Annual Royalty for each year shall equal the product of the Production Royalty times the Annual Tons for such year. The Annual Tons for Years 1-5 are as follows: Year 1 = 137,500 tons Year 2 = 237,500 tons Year 3 = 400,000 tons Year 4 = 600,000 tons Year 5 = 800,000 tons The Annual Tons for each year after Year 5 shall equal the product of the Year Five Percentage times the number of tons sold during the previous calendar year from the Lake Belt Area as reported for such year in the Lake Belt Mitigation Committee Annual Report prepared in accordance with Florida Statutes Section (9)(a). However, the Annual Tons for each year after Year 5 shall never decrease below 800,000 tons. In the event that the Lake Belt Mitigation Committee stops publishing their annual reports, or the data used to calculate the annual tons, then a similar method using Florida Department of Revenue Lake Belt tax data shall be used. The number of tons sold is the quotient of the Rock Mining Mitigation Fee divided by the Mitigation Fee ($/ton), as set forth in the Lake Belt Mitigation Committee Annual Report, for such year. The Year Five Percentage is the quotient of 800,000 divided by the number of tons for Year 5 from the Lake Belt Area, as set forth in the Lake Belt Mitigation Committee Annual Report for such year. Production Royalty Production Royalty payments shall be made monthly, and offset the monthly payments of the Minimum Annual Royalty. [17]-Revised

18 During the Term of the Mineral Lease Agreement, the Production Royalty Amount owed to Lessor on limestone and limerock products shall be the greater of (a) $2.00 per ton or (b) 15.00% of the Average Sales Price per ton or (c) the percentage of Average Sales Price per ton offered by the Successful Vendor, whichever is greater. During the Term of the Mineral Lease Agreement, the Production Royalty payments owed to Lessor on Overburden, sand, topsoil and fill materials shall be the greater of (a) $1.50 per cubic yard or (b) a minimum of 20.00% of the Average Sales Price per ton or (c) the percentage of Average Sales Price per ton offered by the Successful Vendor, whichever is greater. Offset In the event that the Total Production Royalties paid to Lessor by Lessee hereunder for any Production Year is less than such Minimum Annual Royalty for the Production Year, then Lessee shall pay to Lessor, together with the last monthly payment of the Production Year, the sum which equates to the difference between the total of the prior Production Royalty payments made during the Production Year and such Minimum Annual Royalty. Any excess of the Minimum Annual Royalty over such total Production Royalty payments for the Production Year shall carry forward and shall offset and be credited against the future Royalties payments under this Mineral Lease Agreement, with such credit being applied in twelve equal amounts to such next year s Royalty payments; provided, however, that any such offsets and credits shall expire upon termination or expiration of the Mineral Lease Agreement (including extensions) if not utilized prior to such expiration or termination. For example, if the Total Production Royalty paid by the Vendor for year 1 was $2,000,000 and the Minimum Annual Royalty was $1,760,000, the Vendor would be entitled to a credit of $240,000 to year 2 Royalties, to be applied each month in the amount of $20,000. However, in the event that the Total Production Royalty paid by the Vendor in year 1 was $1,760,000 and the Minimum Annual Royalty was $2,000,000, the Vendor would be required to include payment of $240,000 with the payment of the final month s Production Royalty. For the purposes of recalculating the Minimum Annual Royalty, the prior year Production Royalty shall be gross of any credits applied to such Production Royalty. Imported Materials Fee If other materials are brought onto the Leased premises to blend with Materials from the Leased Premises in order to meet technical specifications, then Lessee will so inform Lessor in advance in writing. Lessee shall also pay Lessor an amount equal to twenty cents ($0.20) per ton for all rock, limestone, dolomite, construction aggregates, crushed stone, sand, gravel, or any other similar materials that are brought onto the Leased Premises by Lessee from other lands for processing, blending and/or resale. Such amount shall be owed when the described materials are delivered to the Leased Premises. Lessee will owe Lessor no Royalty or other payment with respect to such imported materials, other than the payment referred to in this paragraph. Notwithstanding the preceding, the Royalty shall apply to subsequent sales of materials generated at the premises with materials brought onto the premises. Performance Bond The Successful Vendor must provide the Department, within ten days of the execution of this agreement, a Performance Bond or an Irrevocable Letter of Credit in an amount of the Minimum Annual Royalty or Minimum Annual Royalty Amount as proposed by the Vendor, whichever is greater. The bond shall provide for payment to the County of any difference between the penal amount of the bond and the actual payments to the County by the Successful Vendor on an annual basis, in the event such payments are less than the penal amount of the bond. The Successful Vendor shall submit a new bond for every contract year this Agreement is in effect. Notwithstanding the one-year period of the Performance Bond or the Letter of Credit, nothing shall preclude MDAD s resorting to all legal contractual remedies for the Vendor s failure to comply with its obligations under the contract. 2.10) DIVERSITY ACHIEVEMENT MINORITY BUSINESS ENTERPRISE (MBE) UTILIZATION The Department encourages small, minority, women, and service-disabled veteran businesses to compete [18]-Revised

19 for Department contracts, both as Vendor and as subcontractors. The Department, its vendors, suppliers, and consultants should take all necessary and reasonable steps to ensure that small, minority, women, and service-disabled veteran businesses have the opportunity to compete for and perform contract work for the Department in a nondiscriminatory environment. Vendors are requested to indicate their intention regarding MBE participation on the MBE Planned Utilization form and to submit the completed form with their Reply. The contract vendor will be asked to submit payment certification for MBE subcontractors used. To request certification or to locate certified MBEs, call the Office of Supplier Diversity, Department of Management Services at (850) , or access their MBE directory on the Internet at COMMUNITY SMALL BUSINESS ENTERPRISE (CSBE) UTILIZATION Vendor shall be required to comply with MDAD s CSBE program, as may be amended from time to time. 2.11) CONTRACT DOCUMENT The Department s Standard Written Agreement is attached hereto and made a part hereof. The terms and conditions contained therein will become an integral part of the contract resulting from this solicitation. In submitting a reply, the vendor agrees to be legally bound by these terms and conditions. 2.12) REVIEW OF VENDOR'S FACILITIES & QUALIFICATIONS After the reply due date and prior to contract execution, the Department reserves the right to perform or have performed, an on-site review of the Vendor's facilities and qualifications. This review will serve to verify data and representations submitted by the Vendor and may be used to determine whether the Vendor has an adequate, qualified, and experienced staff, and can provide overall management facilities. The review may also serve to verify whether the Vendor has financial capability adequate to meet the contract requirements. Should the Department determine that the reply / proposed negotiations have material misrepresentations or that the size or nature of the Vendor's facilities or the number of experienced personnel (including technical staff) are not adequate to ensure satisfactory contract performance, the Department has the right to reject the reply / proposal. 2.13) PROTEST OF INVITATION TO NEGOTIATE SPECIFICATIONS Any person who is adversely affected by the contents of this Invitation to negotiate must file the following with the Department of Transportation, Clerk of Agency Proceedings, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida : 1. A written notice of protest within seventy-two (72) hours after the posting of the solicitation, (the notice of protest may be Faxed to ), and 2. A formal written protest in compliance with Section (3), Florida Statutes, within ten (10) days of the date on which the written notice of protest is filed. Failure to file a protest within the time prescribed in section (3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. 2.14) UNAUTHORIZED ALIENS The employment of unauthorized aliens by any contractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract. 2.15) SCRUTINIZED COMPANIES LISTS Section , Florida Statutes, requires that at the time a company submits a bid or proposal for a contract for goods or services of $1 million or more, the company must certify that the company is not on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section , Florida Statutes. [19]-Revised

20 Bid responses of $1 million or more must include the attached Scrutinized Companies Lists Form to certify the respondent is not on either of those lists. 2.16) RESPONSIVENESS OF REPLIES & RESERVATIONS Responsiveness of Replies Replies will not be considered if not received by the Department on or before the date and time specified as the due date for submission Other Conditions Other conditions which may cause rejection of replies include, but are not limited to, evidence of collusion among Vendors, obvious lack of experience or expertise to perform the required work, failure to perform or meet financial obligations on previous contracts, or in the event an individual, firm, partnership, or corporation is on the General Services Administration Excluded Parties List Reservations The Department reserves the right to accept or reject any or all replies received and reserves the right to make an award without further discussion of the replies submitted. Therefore, the replies should be submitted initially in the most favorable manner. It is understood that the replies will become a part of the Department s official file, without obligation to the Department. 2.17) COPYRIGHTED MATERIAL Copyrighted material will be accepted as part of the reply or a negotiation session only if accompanied by a waiver that will allow the Department to make paper and electronic copies necessary for the use of Department staff and agents. It is noted that copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Therefore, such material will be subject to viewing by the public, but copies of the material will not be provided to the public. 2.18) ATTACHMENT TO ITN SUBMITTALS - CONFIDENTIAL MATERIAL The Vendor must include any materials it asserts to be exempted from public disclosure under Chapter 119, Florida Statutes, in a separate bound document labeled "Attachment to Invitation to Negotiate, Number ITN- DOT- 10/ DC - Confidential Material". The Vendor must identify the specific Statute that authorizes exemption from the Public Records Law. Any claim of confidentiality on materials the Vendor asserts to be exempt from public disclosure and placed elsewhere in the reply will be considered waived by the Vendor upon submission, effective after opening. 2.19) COSTS INCURRED IN RESPONDING This Invitation to Negotiate does not commit the Department or any other public agency to pay any costs incurred by an individual firm, partnership, or corporation in the submission of a reply or subsequent negotiations or to make necessary studies or designs for the preparation thereof, nor to procure or contract for any articles or services. 2.20) SUBMISSION OF SEALED REPLY Interested vendors should submit the following by the date, time and at the location indicated in the Timeline (See Introduction Section 1.2, Timeline). - QUALIFICATIONS QUESTIONNAIRE - with additional sheets as needed to address and respond to all questions completely (see Special Condition 2.8) - DUN & BRADSTREET REPORT and Financial Statements specified in Attachment 1 - MBE Planned Utilization Form (if applicable) - Scrutinized Companies Lists Form (if applicable) Submit one original and seven (7) copies of your reply. Replies must be submitted in a sealed envelope/package that should be labeled with the ITN number and the opening date and time. It is the vendor's responsibility to assure that the reply is delivered to the proper place on or before the Reply Due [20]-Revised