Agenda 03/14/2017 Item #16A1903/14/2017
EXECUTIVE SUMMARY
Recommendation to authorize the Procurement Services Director to enter into negotiations with
two (2) bidders, consistent with Section 10D of the Board’s Procurement Ordinance on the
Competitive Bid Process (Rejection of Bids and Negotiation), regarding Invitation to Bid No. 16-
7032RR “Purchase and Delivery of Turf Grasses" and to approve payment of unpaid invoices.
_____________________________________________________________________________________
OBJECTIVE: To obtain Board of County Commissioners (Board) approval for the Procurement
Services Director to negotiate agreements subject to Board approval with DWJH, LLC., d/b/a Leo’s Sod,
(bidder 1) and Triple C, (bidder 2) in providing county-wide services for the purchase and/or installation
of sod on an “as-needed” basis.
CONSIDERATIONS: On October 11, 2016, the County advertised Invitation to Bid (ITB) No. 16-7032
for “Purchase and Delivery of Turf Grasses” on the Collier County Online Bidding System. Staff sent
notices to two hundred eleven (211) vendors and twenty-five (25) vendors downloaded the bid
documents. No bids were submitted by the October 21, 2016 deadline date.
On November 22, 2016, the County renumbered the ITB as 16-7032R and re-advertised the solicitation
on the Online Bidding System. Notices were sent to the same number of vendors and the same number of
vendors downloaded the bid documents. On December 6, 2016, staff held a non-mandatory pre-bid
conference to review the ITB specifications and requirements; only bidder 1 attended. Thereafter, bidder
1 and bidder 2 submitted bids on December 22, 2016. Staff determined both bids to be non-responsive
because bidder 1 submitted after the deadline and bidder 2 submitted incorrect pricing.
On January 3, 2017, the County renumbered the ITB again to 16-7032RR and re-advertised the
solicitation on the Online Bidding System. Notices were sent to two hundred ten (210) vendors and
twenty-three (23) vendors downloaded the bid documents. Bidders 1 and 2 timely submitted bids by the
January 23, 2017, deadline but bidder 1 submitted the same bid from the previous solicitation (titled, “16-
7032 R” with a signature date of December 21, 2016), bidder 2 submitted a bid schedule without prices.
Therefore, the County deemed both bidders non-responsive.
Consistent with Section 10 D of the Board’s Procurement Ordinance on the Competitive Bid Process
(Rejection of Bids and Negotiation), staff recommends directing the Procurement Services Director to
negotiate agreements with both bidders based on the award criteria in the solicitation document, which
states, “the County may award by line, section, overall, or however best meets the interest of the County.
It is the County’s intent to award to a pool of vendors by lowest price per line item. Any Contractor that
persists in not delivering and installing the sod in a timely manner the County may eliminate them from
the contract. The County reserves the right to restrict the pickup location so it must be within the borders
of Collier County.”
In order to maintain continuity of services, staff is requesting the Board approve outstanding invoice, and
authorize the expenditures in excess of $50,000 on an “as-needed” interim basis, utilizing competitive
quotes that were received on February 16, 2017, until the Board approves long-term negotiated contracts.
FISCAL IMPACT: Road Maintenance Division has funding budgeted for these goods and services.
Other divisions requiring these services for projects shall do so with funding from their individual
budgets. The annual historical expenditure for these goods and services is approximately $500,000
annually through various operating divisions, but may vary based on demand and budget availability.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
16.A.19
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action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval.-SRT
RECOMMENDATION: To authorize the Procurement Services Director to negotiate agreements with
DWJH, LLC d/b/a Leo’s Sod and Triple C for ITB No. 16-7032RR “Purchase and Delivery of Turf
Grasses” and to bring the negotiated agreements back to the Board for approval, and approval outstanding
invoices, and authorize purchase orders over $50,000 for sod on an interim basis until long term contract
is signed.
Prepared by: Melissa Pearson, Contract Administration Specialist, Road Maintenance Division
ATTACHMENT(S)
1. 16-7032RR spec - ITB 16-7032RR (PDF)
2. QUOTE_RESULTS_2 16 17 (PDF)
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03/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.19
Doc ID: 2732
Item Summary: Recommendation to authorize the Procurement Services Director to enter into
negotiations with two (2) bidders, consistent with Section 10D of the Board’s Procurement Ordinance on
the Competitive Bid Process (Rejection of Bids and Negotiation), regarding Invitation to Bid No. 16 -
7032RR “Purchase and Delivery of Turf Grasses” and to approve payment of unpaid invoices.
Meeting Date: 03/14/2017
Prepared by:
Title: Contract Administration Specialist – Road Maintenance
Name: Melissa Pearson
02/14/2017 1:41 PM
Submitted by:
Title: Division Director - Road Maintenance – Road Maintenance
Name: Travis Gossard
02/14/2017 1:41 PM
Approved By:
Review:
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 02/14/2017 1:45 PM
Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 02/14/2017 2:20 PM
Procurement Services Allison Kearns Additional Reviewer Completed 02/15/2017 9:53 AM
Growth Management Department Gene Shue Additional Reviewer Completed 02/15/2017 9:57 AM
Procurement Services Brenda Brilhart Additional Reviewer Completed 02/15/2017 10:19 AM
Procurement Services Kristofer Lopez Additional Reviewer Completed 02/15/2017 10:24 AM
Capital Project Planning, Impact Fees, and Program Management Gloria Herrera Additional Reviewer Completed 02/15/2017 10:25 AM
Road Maintenance Travis Gossard Additional Reviewer Completed 02/15/2017 11:11 AM
Procurement Services Ted Coyman Additional Reviewer Completed 02/22/2017 6:21 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 02/27/2017 9:32 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 02/28/2017 3:59 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/01/2017 9:15 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/01/2017 11:45 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 03/06/2017 12:02 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/06/2017 2:17 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/14/2017 9:00 AM
16.A.19
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INVITATION TO BID
Date: January 3, 2017
From: Kristofer Lopez, Procurement Strategist
(239) 252-8944 (Telephone)
(239) 252-6756 (FAX)
kristoferlopez@colliergov.net (Email)
To: Prospective Vendors
Subject: Solicitation: 16-7032RR Purchase and Delivery of Turf Grasses
As requested by the Growth Management Department, the Collier County Board of County
Commissioners Procurement Services Division has issued this ITB for the purpose of obtaining
fair and competitive responses.
Please refer to the Public Notice included in this document for the opening date and time and
any applicable pre-ITB conference.
All questions regarding this ITB must be submitted online on the Collier County Procurement
Services Division Online Bidding System website: www.colliergov.net/bid. All responses to
questions will be posted on the website with electronic notification to all prospective vendors.
We look forward to your participation in Collier County’s competitive procurement process.
cc: Melissa Pearson, Contract Administration Specialist
Note: All ITB responses submitted must include one (1) original labeled MASTER,
along with one (1) exact duplicate copies, including all required forms.
16-7032RR 1
ITB Template_11182016
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Invitation to Bid
Index
Public Notice ................................................................................................................................... 3
Exhibit I: Scope of Work, Specifications and Response Format .................................................. 4
Exhibit III: Standard Purchase Order Terms and Conditions ...................................................... 18
Exhibit IV: Additional ITB Terms and Conditions ..................................................................... 21
Florida Public Records Law Chapter 119, including specifically those contractual
requirements in 119.0701(2)(a)-(b) as follows: ........................................................................ 22
Attachment 1: Vendor Submittal - Vendor’s Non-Response Statement ..................................... 29
Attachment 2: Vendor’s Check List ............................................................................................ 30
Attachment 3: Vendor Submittal - Bid Response Form .............................................................. 31
Attachment 4: Vendor Submittal – Local Vendor Preference Affidavit ...................................... 33
Attachment 5: Vendor Submittal – Immigration Affidavit........................................................... 34
Attachment 6: Vendor Substitute W – 9 ....................................................................................... 35
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements .................................. 36
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Public Notice
Sealed bid responses for Solicitation 16-7032RR Purchase and Delivery of Turf Grasses,
will be received electronically or manually only at the Collier County Government, Procurement
Services Division, 3327 Tamiami Trail E, Naples, FL 34112 until 3:00 PM, Collier County local
time on January 23, 2017. Solicitation responses received after the stated time and date will not
be accepted.
Solicitation 16-7032R Purchase and Delivery of Turf Grasses
All questions regarding this ITB must be submitted online on the Collier County Procurement
Services Division Online Bidding System website: www.colliergov.net/bid. All responses to
questions will be posted on the website with electronic notification to all prospective vendors.
All solicitation responses must be made on the official ITB response for ms included and only
available for download from the Collier County Procurement Services Division Online Bidding
System website noted herein. ITB Documents obtained from sources other than Collier
County Procurement Services Division may not be accurate or current.
Collier County encourages vendors to utilize recycled paper on all manual bid response
submittals.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Ted Coyman
Director, Procurement Services Division
Publicly posted on the Collier County Procurement Services Division website:
www.colliergov.net/purchasing and in the lobby of the Procurement Services Division Building
on January 3, 2017.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Growth Management Department (hereinafter, the “Division or
Department”), the Collier County Board of County Commissioners Procurement Services Division
(hereinafter, “County”) has issued this Invitation to Bid (hereinafter, “ITB”) with the intent of obtaining
bids from interested and qualified firms in accordance with the terms, conditions and specifications
stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work
and specifications stated.
The results of this solicitation may be used by other County departments once awarded according to
the Board of County Commissioners Procurement Ordinance, as amended.
Brief Description of Purchase
The work specified in this Section consists of furnishing all labor, equipment, materials and services
necessary for the purchase and/or delivery of various types of turf on pallets to Collier County in
accordance with the specifications and subject to the terms and conditions of the resultant Contract.
The resultant Contract shall be made available to all divisions and agencies within and par t of Collier
County Government. Historically, County departments have spent approximately $500,000 annually
on this service. This amount has been provided for reference only and no minimum amount is
guaranteed or implied; future expenditures will be based on available County Department budgetary
funding.
Detailed Scope of Work
County Community Redevelopment Agencies (CRA), Municipal Service Taxing Districts (MSTD) and
Municipal Service Taxing Units (MSTU) are responsible for maintaining landscapes in roa dway rights-
of-way (ROW), medians, parks, athletic fields and County owned facilities and leased buildings.
Bidders shall be required to provide varieties of turfgrass sod and related installation services on an
“as-needed” basis.
1. Specifications
Contractor(s) awarded this bid will provide varieties of turfgrass sod that have been harvested,
delivered, and/or installed in accordance with the following specifications and the most current and
accepted Horticultural Industry's Standards and Practices, whichever is more restrictive. When Sod is
to be picked up by the County it must be located within Collier County.
1.1 Turfgrass Sod Types & Varieties
The turfgrasses for the resultant contract shall be Number 1 Quality/Premium grade and meet the
requirements in the specifications. Below is a listing of turfgrass types and varieties that are required
and may be ordered for the duration of the resultant contract term on an “as-needed” basis.
Turfgrass Type Variety
Bahiagrass Argentine
Bermudagrass Certified Celebration and Tifway (Tifton 419)
St. Augustinegrass Floratam
Zoysiagrass Empire
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1.2 Sod Description for Acceptance
Division Representative that inspected goods and/or services shall provide the acceptance. Sod
ordered shall be well-established, well rooted, healthy, nursery or field grown on 90% natural sand.
Sod grown in peat bedded soil will not be accepted.
1.2.1 Sod shall be of the specific grass type ordered and in uniform green color with healthy blades.
No dead turf, bare spots, or dormant sod.
1.2.2 Completed areas where sod has been laid are healthy, even in color, level, and viable turf is
being established.
1.2.3 Sod shall be free of diseases, trees or shrubs, stones, thatch, and pests such as insects,
nematodes, chinch bugs, spittlebugs, mites, billbugs and white grubs, webworms and other lawn
caterpillars. It shall have less than one percent (1%) of invasive weeds.
1.2.4 Top growth (grass blades or foliage) shall have no more than ten percent (10%) chlorosis, and
contain no thatch or dead vegetation layer between each pad.
1.2.5 Sod must be mowed at a height of two inches (2”), or at the recommended height of the sod
grower, prior to harvesting to ensure uniform heights when transplanted.
1.2.6 There shall be sufficient density so no surface soil is visible when mowed to a height of two
inches (2”).
1.2.7 Individual sod pad size shall be cut to industry standard widths and lengths with a deviation no
greater than +/- 5%. Broken or uneven-ended pads will not be accepted.
1.2.8 Sod pad thickness for the following: St. Augustine and Bahia shall be no less than one inch
(1”) in depth and Bermuda shall be no less than one half inch (1/2”) in depth. This requirement allows
for rapid rooting to occur after installation due to a thinner soil layer. All other sod variations will be
cut according to industry best practices.
1.2.9 Pad strength for standard size pads shall be mature, well rooted, and contain a soil layer thick
enough to provide a strength that will support the pad's weight and maintain its size and shape when
the pad is suspended vertically by hand on the upper ten percent (10%) of the pad section without
tearing apart.
1.2.10 Moisture Content for the soil side of the sod should be damp to moist and it must contain
enough moisture so that the soil is not excessively dry or wet. Sod will not be accepted if it does not
contain the proper amount of moisture and the soil layer has become hardened or loose.
1.3 Ordering
Contractor(s) shall provide the sod and/or any installation services throughout the resultant Contract
term on an “as-needed basis” per the order instructions. MOT may be required for sod bed services
provided by the Contractor that are in County rights-of-way (ROW) and medians.
1.3.1 At order placement the Division will provide the bid line item being used, delivery or service
location, and the scope of work to be completed.
1.3.2 Orders shall be processed within five (5) business days of order placement and in the
quantities requested.
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1.4 Scheduling
Contractor shall notify the Division with a two (2) business day notification when the pickup, delivery
or installations will occur.
1.5 Pickup or Delivery
Pickup location must be within the borders of Collier County. Sod delivered and/or installed in order to
maintain its integrity. Sod delivery tickets shall be provided with every order with the following listed:
sod grass type and variety, quantity ordered, origin, and the date and time sod was harvested and
loaded.
1.5.1 Sod shall be delivered at the specified site within twenty-four (24) hours after being harvested
and laid within that time period.
1.5.2 Sod shall be covered if transporting period will be greater than one (1) hour.
1.5.3 Sod should not be harvested or transported when moisture content may adversely affect sod
survival.
1.5.4 Protect sod from sun, wind, dehydration, and rain prior to delivery, pickup and installation.
1.5.5 Sod with visible signs of heating or dehydration will be rejected.
1.5.6 For deliveries, Contractor shall arrange their work to cause a minimum of interference with
normal traffic, both vehicular and pedestrian and shall be responsible for providing safe and suitable
means of ingress and egress to all public and private properties during all stages of the work.
1.6 Bid Schedule Technical Specifications
Bidders shall submit pricing for only the sections and/or line items in which they intend to provide
products and/or services. Unit prices, as they pertain to the sections below, shall be all inclusive of
delivery charges, surcharges for minimum order quantities, labor, transportation, off-loading,
equipment, fuel, top soil, materials, disposal, and landscape tipping fees, and etc. At times,
Maintenance of Traffic (MOT) will be required for service locations in Right -of-Way (ROW) medians
and roadways; bid lines items have been added for the additional costs of MOT.
1.6.1 Section A. Sod Picked Up By County. Order Size: Cost per piece as described on the bid tab.
Division shall arrange for sod to be picked up at the Contractor’s location and the Contractor shall
load the sod. The pickup location shall be an easily accessible location within the borders of Collier
County. The individual orders shall be the cost per piece as indicated in the description on the bid
schedule. Pallets shall be returned by the County and the Contractor agrees to fully refund the
deposit upon return by issuing a credit to the County.
1.6.2 Section B. Sod Picked Up by County. Order Size: 400 square foot pallet
This section is for the pickup of various types of sod by the County personnel. The individual orders
shall consist of orders for 400 square foot pallet(s). The division shall arrange for sod to be picked up
at the Contractor’s location and the Contractor shall load the sod for the division. Pallets shall be
returned by the County and the Contractor agrees to fully refund the deposit upon return by issuing a
credit to the County. Vendor will be responsible for loading pallets onto County vehicles.
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1.6.3 Section C. Sod Delivered & Off-Loaded by Contractor / Order Size: 400 up to 2,400 square feet.
Contractor shall deliver sod to the designated location(s) on the order and off -load. Individual order
size shall consist of orders from 400 up to 2,400 square feet. Contractor may be required to deliver to
a maximum of two (2) locations per order and all delivery fees shall be included in the unit prices.
Pallets shall be returned by the County and the Contractor agrees to fully refund the deposit upon
return by issuing a credit to the County.
1.6.4 Section D. Sod Delivered, Off-Loaded, and Installed by Contractor / Order Size: 400 up to 2,400
square feet.
Contractor shall deliver sod, off-load, and provide services for sod bed preparation and installation.
Note: Maintenance of Traffic (MOT) is required for deliveries in the Right -of-Way (ROW). Individual
orders shall consist of orders for 400 up to 2,400 square feet. The sod bed preparation and
installation shall consist of the following:
1.6.4.1 Rake and clean sod bed area to remove dead turf, weeds, debris, brush, roots, and rocks.
Contractor shall dispose of and haul it to the local landfill or recycle plant.
1.6.4.2 Rake soil level to a final grade finish. Ensure that its one inch below the grade of sprinkler
heads or paved areas, such as concrete driveways, sidewalks, and curbing. Transplanted sod that
does not conform to this requirement shall be removed to correct the subgrade so surfaces are level.
1.6.4.3 The Division shall be responsible for providing water at the work site prior to installation and
immediately after installation. The Contractor shall notify and inform the Division to water sod bed just
prior to installation because the soil needs to be moist when the sod is laid, and notify Division
immediately after installation to water the sod.
1.6.4.4 In the event the final plant bed has been disturbed prior to the installation of the sod, the
Contractor shall be responsible to re-grade at their expense.
1.6.4.5 Deliver, off-load, and install sod within twenty-four (24) hours of delivery.
1.6.4.6 Start by unrolling or laying whole pieces of sod along a straight edge, such as sidewalks,
curbs, driveways, irrigation heads, mulch beds, plantings, trees, and other vertical surface areas by
cutting and fitting tightly for finished edges. Cut the next piece of sod in half and lay it against the first
piece of sod and stagger joints at the end of sod strips with adjacent strips (i.e. brick pattern). Sod
shall be placed with edges abutting tightly to existing sod without creating overlap. There should be
no bare soil showing along the seams, and sod pads must be level, if it is not level, the subgrade will
need to be adjusted.
1.6.4.7 Sod placement for ditches and canals shall be laid at right angles to the centerline.
1.6.4.11 In sloped areas, the sod bed shall be graded and then installed to prohibit erosion. The
installations shall begin at the bottom and move upward. When requested by the Division, the
Contractor will be required to pin or stake sod, and slopes greater than 2:1, staking will be required to
prevent movement. A line item in Additional Services on the bid schedule has been added for these
services.
1.6.4.12 Tamp or pat down sod that has been installed to release air between soil and sod.
1.6.4.13 Roll sod with a sod roller to remove lumps, level, and set sod into the soil.
1.6.4.14 Contractor to notify the Division to water sod thoroughly after placement. Division shall
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provide the water.
1.6.5 Section E. Sod Delivered, Off-Loaded, and Installed by the Contractor / Order Size: 2,401 to
less than a truckload.
The order size shall consists of orders for 2,401 to less than a truckload of sod that will be delivered,
off-loaded, and installed by the Contractor and they shall provide the services for sod bed preparation
and installation as described in section 1.6.4. Contractor may be required to deliver to a maximum of
two (2) locations per order and all delivery fees shall be included in the unit prices. Note:
Maintenance of Traffic (MOT) is required for deliveries in the Right-of-Way (ROW).
1.6.6 Section F. Sod Delivered, Off-Loaded, and Installed by the Contractor / Order Size: Truckload
The order size shall consists of orders for truckload of sod that will be delivered, off -loaded, and
installed by the Contractor and they shall provide the services for sod bed preparation and installation
as described in section 1.6.4. Note: Maintenance of Traffic (MOT) is required for deliveries in the
Right-of-Way (ROW).
1.6.7 Option 1. Water Service
This is an option for water service that shall be all inclusive of labor, equipment, and water delivery
per hour. Water shall be potable or reclaimed that is clean and fresh, non-brackish, and has no
containments that would be harmful to the turf. It shall be the County’s discretion to request this
service.
1.6.8 Additional Services (all inclusive of labor, materials, and equipment)
During the term of the agreement, the Division may request that the Contractor provide additional
services, such as site bed preparation and grade, staking and pinning, and rototilling for sod
installations. A rate schedule has been added to the bid schedule listed as “Additional Services” and
Contractor(s) that have been awarded sod installation line item(s) shall be the provider of additional
services, if requested by the Division, and their cost per square foot shall apply.
1.6.8.1 Site Preparation and Grade
1.6.8.1.1 Kill existing turf and invasive weed growth by applying one (1) herbicidal treatment, such
as Roundup. Allow sufficient time for product to work its way to the root system to completely kill the
existing turf/weeds. Some divisions may require sod removal by hand or sod cutter where herbicides
are not allowed.
1.6.8.1.2 When existing turf/weeds are dead, Contractor shall remove turf by hand or with a sod
cutter. For requests of no herbicide treatment, Contractor shall cut existing sod with a sod cutter.
Note: for safety reasons, sod cutters shall only be used in areas that are easily accessible and on flat
terrain.
1.6.8.2 Staking and/or Pinning
Staking and/or pinning of sod installations on slopes greater than 2:1, staking will be required to
prevent movement. A line item in Additional Services on the bid schedule has been added for these
services.
1.6.8.3 Rototilling
Rototill to loosen compacted soil to depth of six (6) to eight (8) inches. Remove any debris that is
unearthed, including rocks. Add and till-in two (2) to three (3) inches of organic matter.
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2. Supervision
Contractor must have skilled supervisor(s) in sod installations for the services listed in the
specifications. The supervisor shall be on-site during installation ensuring employees work is
performed to industry standards and conforms to the specifications.
3. Maintenance of Traffic (MOT)
MOT Intermediate Level Certification will be required for Contractors that bid sections requiring
deliveries and services in the ROW and medians. It shall be all inclusive in the unit price for the
categories line items which indicate “w/ MOT” in the line item description to include MOT devices us
for adequate traffic control and depending on the roadway and project it may include: signage, arrow
boards, message boards, warning devices, barriers and flagmen.
MOT is required for the safety and protection of Contractor’s employees and motorists during the
performance of services in the ROW and medians. It shall be the Contractor’s sole responsibility for
safety in the work zone. MOT shall conform to the latest edition of the FDOT, Design Standards, 600
series and The Manual on Uniform Traffic Control Devices (MUTCD), Section VI. A copy of the
County’s MOT policy can be obtained from Risk Management or Procurement Services Divisions.
3.1 Contractor or sub-contractor will be required to have current FDOT approved MOT Intermediate
Level Certification for FDOT, Design Standards, 600 series prior to work commencing in the ROW
medians and roadways.
3.2 The person responsible for the setup and maintenance of the traffic control plan shall possess
FDOT approved certification in their name and they must be readily available to Division Work Zone
Inspector within twenty (20) minutes of the initial contact for work zone safety issues.
4. Inspections
Contractor shall provide a project work schedule for installation services in writing to the Division prior
to work commencement so inspections can be performed on-site during the course of work.
4.1 The County and the Contractor(s) may conduct an inspection of the completed services provided
in response to any resulting purchase order. Any deficiencies noted during an inspection shall be
corrected before final acceptance. At the Contractor’s expense such deficiencies will be corrected
within 48 hours after receipt of notification.
5. Clean Up
The Contractor(s) is responsible for removing all debris from the site, cleaning paved surfaces and
affected areas, and keep the premises free of debris and unusable materials resulting from their work
and as work progresses. Contractor shall remove such debris and materials from the property. There
will be no cost to the County for clean-up or debris removal costs.
6. Warranty
Contractor guarantees sod meets the specifications and sod shall be of the variety ordered, consistent
in color, quality, and free of visible defects, disease, and in healthy condition. Contractor shall replace
within forty-eight (48) hours after receipt of notification.
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7. Minimum Qualifications
Prior to contract award and upon request, any Bidder may be required to supply proof that the
company has adequate facilities, equipment, and ability to perform the work as specified in a
satisfactory manner. The company must have experience in similar nature and is able to provide
references for the County to contact and verify.
8. Utilities
Contractor shall be responsible in exercising caution while in the vicinity of utilities. Contractor shall
call Sunshine 811 at 811 or 800-432-4770, Monday – Friday from 7:00 a.m. – 5:00 p.m. prior to
digging. Sunshine 811 requires advance notice of two (2) full business days. Any damage to utilities
will be the Contractor’s sole responsibility.
9. Deductions for Non-Performance
The County reserves the right to deduct a portion of any invoice for goods not delivered or services
not performed in accordance with the requirements including the required timeframe.
Deductions will be assessed when the Contractor fails to complete the work within the time specified
as outlined on the Division documentation work request. The Division Representative that inspects
the work shall confirm if the Contractor completed the work per the specifications a nd by the
completion date as outlined on the Division work request. Contractors that do not meet the
completion date or the requirements within the specifications shall be liable and agrees to a one
hundred dollar ($100.00) deduction from the invoice.
Note: Completion deadlines can be extended to due unforeseen circumstances at no fault to the
Contractor or acts of force majeure that is beyond the Contractor’s control. Contractor must request a
date extension in writing with the reason of the delay prior to the completion date within twenty-four
(24) hours of the delay in writing to the Division Representative assigned to the project.
Award Criteria
ITB award criteria is as follows:
All questions on the Bid document shall be answered as to price(s), time req uirements, and
required document submissions.
Further consideration may include but not be limited to, references, completeness of bid
response and past performances on other County bids/projects.
Prices will be read in public exactly as input on the electronic bid response form or written on
the manually submitted Bid Response Page(s) at the time of the bid opening; however, should
an error in calculations occur whenever unit pricing and price extensions are requested, the
unit price shall prevail. Mathematical miscalculations may be corrected by the County to
reflect the proper response.
The County’s Procurement Services Division reserves the right to clarify a vendor’s proposal
prior to the award of the solicitation.
It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s).
For the purposes of determining the bidder with the lowest price, the following methodology
will be used:
The County may award by line, section, overall, or however best meets the interest of
the County. It is the County’s intent to award to a pool of vendors by lowest price per
line item.
Any Contractor that persists in not delivering and installing the sod in a timely manner
the County may eliminate them from the contract.
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The County reserves the right to restrict the pickup location so it must be within the
borders of Collier County.
The County reserves the right to issue a formal contract or standard County Purchase Order
for the award of this solicitation.
Term of Contract
The contract term, if an award(s) is/are made is intended to be for one (1) year with three (3),
one (1) year renewals.
Prices shall remain firm for the initial term of this contract. Requests for consideration of a price
adjustment must be made prior to the contract anniversary date, in writing, to the Procurement
Director. Price adjustments may be based upon multiple factors: the consumer price index (CPI)
over the past twelve (12) months, market conditions and rate and budget availability.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
Projected Timetable
Event Date
Issue Solicitation Notice January 3, 2017
Last Date for Receipt of Written Questions
January 13, 2017
5:00 PM, Naples
Local Time
Addendum Issued Resulting from Written Questions January 18, 2017
Solicitation Deadline Date and Time
January 23, 2017
3:00 PM, Naples
Local Time
Anticipated Evaluation of Submittals January 2017
Anticipated Completion of Contract Negotiations January 2017
Anticipated Board of County Commissioner’s Contract
Approval Date February 2017
Vendor Required Documents
Attachment 2: Vendor’s Check List
Attachment 3: Vendor Bid Response Form
Attachment 4: Local Vendor Preference
Attachment 5: Immigration Law Affidavit
Attachment 6: Vendor Substitute W-9
Attachment 7: Insurance and Bonding Requirement
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Exhibit II: General Bid Instructions
1. Purpose/Objective
As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier
County Board of County Commissioners Procurement Services Division (hereinafter, the County)
has issued this Invitation to Bid (hereinafter, the “ITB”, or “Bid”) with the sole purpose and intent of
obtaining bid responses from interested and qualified firms in accordance with the terms,
conditions, and specifications stated and/or attached herein/hereto. The successful vendor will
hereinafter be referred to as the “Vendor”
All bids must be submitted on the Bid form furnished by the County noted in Attachments
2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly
signed. Vendor is responsible to read and follow the instructions very carefully, as any
misinterpretation or failure to comply with these instructions could lead to the bid submitted as
being rejected as non-responsive.
2. Pricing
Vendors must provide unit prices using the unit of measured specified by the County. All prices
will remain firm for a period of one hundred and eighty (180) calendar days from date of bid
opening. After award by the Board of County Commissioners, prices may only be adjusted as
outlined in Exhibit I: Term of Contract.
3. Alternate Bid Pricing
In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide
pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted
price will be the basis for the rejection of the submitted bid response. All bids responses received
without pricing for all alternates as listed will be considered technically non-responsive and will not
be considered for award.
4. Equal Product
Manufacturer’s name, brand name and/or model number are used in these specifications for the
purpose of establishing minimum requirements of level of quality, standards of performance and/or
design required, and is in no way intended to prohibit the bidding of other manufacturer’s items of
equal or similar material. An equal or similar product may be bid, provided that the product is
found to be equal or similar in quality, standard of performance, design, etc. to the item specified.
Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of
factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid
as equal or similar.
Equal product samples, if required for evaluation, and at no cost to the County, must be submitted
with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless
samples are delivered to specified address by bid due date. The County shall be sole judge of
equality or similarity, and its decision shall be final in the best interest.
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5. Discounts
Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be
considered in the award of tie bids. In no instance should payment terms less than fifteen (15)
calendar days be offered.
6. Exceptions
Vendors taking exception to any part or section of these specifications shall indicate such
exceptions on a separate sheet entitled “EXCEPTIONS TO SPECIFICATIONS.” Failure to
indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully
comply with the specifications as written. The County, at its sole discretion, shall determine if the
exceptions are material in nature, and if the Vendor’s exceptions may be declared grounds for
rejection of bid proposal.
7. Addenda
The County reserves the right to formally amend and/or clarify the requirements of the bid
specifications where it deems necessary. Any such addendum/clarification shall be in writing and
shall be distributed electronically to all parties who received the original bid specifications prior to
the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through
a notice of addendum or questions and answers to all vendors registered under the applicable
commodity code(s) at the time when the original ITB was released, as well as those vend ors who
downloaded the ITB document. Additionally, all addendums are posted on the Collier County
Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Before
submitting a bid response, please make sure that you have read all, understood clearly and
complied completely with any changes stated in the addenda as failure to do so may result in the
rejection of your submittal.
8. Bid Submission
All electronic bids shall be submitted online via the Collier County Procurement Services Division
Online Bidding System: www.colliergov.net/bid.
All paper bids shall be submitted to the County Procurement Director, Collier County Government,
Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112, by the date and time as
stated in the Legal Notice. The County assumes no responsibility for bid responses received after
the due date and time, or at any office or location other than that specified herein, whether due to
mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late bid
responses shall be returned unopened, and shall not be considered for award.
Vendors must submit one (1) paper copy clearly labeled “Master,” and one (1) compact disks
(CD’s) with one copy of the proposal on each CD in Word, Excel or PDF . List the Solicitation
Number and Title on the outside of the box or envelope. All bids sent by courier service must
have the bid number and title on the outside of the courier packet.
Vendors who wish to receive copies of bids after the bid opening may view and download same
from the Collier County Procurement Services Division Internet bid site.
9. Questions
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If the vendor should be of the opinion that the meaning of any part of the Bid Document is
doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement
Strategist before the bid opening date. Direct questions related to this ITB only to the Collier
County Procurement Services Division Internet website: www.colliergov.net/bid. Questions will not
be answered after the date noted on the ITB.
Vendors must clearly understand that the only official answer or position of the County will be the
one stated on the Collier County Procurement Services Division Online Bidding System website.
For general questions, please call the referenced Procurement Strategist identified in the Public
Notice.
10. Protests
Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest
with the Procurement Director prior to the time of the bid opening strictly in accordance with the
County’s then current Procurement Ordinance and policies.
11. Rejection and Waiver
The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to
select the bid that best meets the requirements of the County.
Vendors whose bids, past performance or current status do not reflect the capability, integrity or
reliability to fully and in good faith perform the requirements denoted may b e rejected as non-
responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide
all required information, documents or materials may be rejected as non-responsive.
12. Local Vendor Preference (LVP)
The County is using the Competitive Sealed Quotation methodology of source selection for this
procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier
County Procurement Ordinance.
Local business means the vendor has a current Business Tax Receipt issued by the Collier
County Tax Collector for at least one year prior to bid or proposal submission to do business
within Collier County, and that identifies the business with a permanent physical business address
located within the limits of Collier County from which the vendor’s staff operates and performs
business in an area zoned for the conduct of such business. A Post Office Box or a facility that
receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other
non-permanent structure shall not be used for the purpose of establishing said physical address.
In addition to the foregoing, a vendor shall not be considered a "local business" unless it
contributes to the economic development and well-being of Collier County in a verifiable and
measurable way. This may include, but not be limited to, the retention and expansion of
employment opportunities, support and increase to the County's tax base, and residency of
employees and principals of the business within Collier County. Vendors shall affirm in writing their
compliance with the foregoing at the time of submitting their bid or proposal to be eligible for
consideration as a "local business" under this section. A vendor who misrepresents the Local
Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to
claim Local Preference status for a period of up to one year.
Under this solicitation, bidders desiring to receive local preference will be invited and required to
affirmatively state and provide documentation as set forth in the solicitation in support of their
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status as a local business. Any bidder who fails to submit sufficient documentation with their bid
offer shall not be granted local preference consideration for the purposes of that specific
contract award. Except where federal or state law, or any other funding source, mandates to the
contrary, Collier County and its agencies and instrumentalities, will give preference to local
businesses in the following manner.
Competitive bid (local price match option). Each formal competitive bid solicitation shall
clearly identify how the price order of the bids received will be evaluated and determined.
When a qualified and responsive, non-local business submits the lowest price bid, and the bid
submitted by one or more qualified and responsive local businesses is within ten percent of the
price submitted by the non-local business, then the local business with the apparent lowest bid
offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the
price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In
such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder
are in fact qualified and responsive bidders. Next, the Procurement Services Division shall
determine if the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087
(Preferences to businesses with drug-free workplace programs). If the lowest local bidder meets
the requirements of Fla. Stat. Sec. 287.087, the Procurement Services Division shall invite the
lowest local bidder to submit a matching offer, less one (1) dollar, within five (5) business days
thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less
one (1) dollar, f r o m the lowest non-local bidder tendered previously, then award shall be made
to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local
bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the
lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087, and the lowest non-
local bidder does, award will be made to the bidder that meets the requirements of the reference
state law.
Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a
Local Business which is included as part of this solicitation.
Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude
said Bidder from being considered for local preference on this solicitation.
A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the
County will lose the privilege to claim Local Preference status for a period of up to one (1) year.
The County may, as it deems necessary, conduct discussions with responsible bidders
determined to be in contention for being selected for award for the purpose of clarification to
assure full understanding of, and responsiveness to solicitation requirements.
13. Immigration Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides
an Internet-based means of verifying employment eligibility of workers in the United States; it is
not a substitute for any other employment eligibility verification requirements. The program will be
used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including
professional services and construction services.
Exceptions to the program:
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Commodity based procurement where no services are provided.
Where the requirement for the affidavit is waived by the Board of County
Commissioners
Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence
of their enrollment, at the time of the submission of the vendor’s/bidder’s proposal. Acceptable
evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of
the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also
required to provide the Collier County Procurement Services Division an executed affidavit
certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation
documents. If the Bidder/Vendor does not comply with providing both the acceptable E-
Verify evidence and the executed affidavit the bidder’s / vendor’s proposal may be deemed
non-responsive.
Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all
purchases not covered under the “Exceptions to the program” clause above.
For additional information regarding the Employment Eligibility Verification System (E -Verify)
program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor’s
responsibility to familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act of
1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to
comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach
of the award agreement and the County shall have the discretion to unilaterally terminate said
agreement immediately.
14. Lobbying
All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied
either individually or collectively about a project for which a firm has submitted a bid. Firms and
their agents are not to contact members of the County Commission for such purposes as
meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to
final Board approval, no firm or its agent shall contact any other employee of Collier County with
the exception of the Procurement Services Division.
15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute
607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
shall be identified. Firms who do not provide the certificate of authority at the time of response
shall be required to provide same within five (5) days upon notification of selection for award. If the
firm cannot provide the document within the referenced timeframe, the County reserves the right
to award to another firm.
16. General Information
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When it is deemed by the County that a bid cannot be awarded as originally intended, the County
reserves the right to award this bid through an approach which is the best interest of the County.
Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying
as low bid, the County shall ask vendors to submit certification that they have a drug -free
workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said
certification; the County will give local vendor preference.
17. Bid Award Process
Award of contract will be made by the Board of County Commissioners in public session.
Award shall be made in a manner consistent with the County’s Procurement Ordinance. Award
recommendations will be posted outside the offices of the Procurement Services Division as well
as on the Collier County Procurement Services Division website on Wednesdays and Thursdays
prior to the County Commission meetings.
Any actual or prospective respondent who desires to formally protest the recommended contract
award must file a notice of intent to protest with the Procurement Director within two (2) calendar
days (excluding weekends and County holidays) of the date that the recommended award is
posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal
protest and will be given instructions as to the form and content requirements of the formal protest.
A copy of the “Protest Policy” is available at the office of the Procurement Director.
18. Reserved Rights
Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or
offers; to waive minor irregularities and technicalities; or to request resubmission. Also Collier
County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or
decrease quantities to meet the additional or reduced requirements of Collier County. Collier
County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award
to one or more vendors; to award all or part of a solicitation; and to award by individual line items
when it is deemed to be in the best interest of the County. Collier County reserves its right to reject
any sole response.
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Exhibit III: Standard Purchase Order Terms and Conditions
1. Offer
This offer is subject to cancellation by the
COUNTY without notice if not accepted by
VENDOR within fourteen (14) days of issuance.
2. Acceptance and Confirmation
This Purchase Order (including all documents
attached to or referenced therein) constitutes
the entire agreement between the parties, unless
otherwise specifically noted by the COUNTY on
the face of this Purchase Order. Each delivery of
goods and/or services received by the COUNTY
from VENDOR shall be deemed to be upon the
terms and conditions contained in this Purchase
Order.
No additional terms may be added and Purchase
Order may not be changed except by written
instrument executed by the COUNTY. VENDOR
is deemed to be on notice that the COUNTY
objects to any additional or different terms and
conditions contained in any acknowledgment,
invoice or other communication from VENDOR,
notwithstanding the COUNTY’S acceptance or
payment for any delivery of goods and/or
services, or any similar act by VENDOR.
3. Inspection
All goods and/or services delivered hereunder
shall be received subject to the COUNTY’S
inspection and approval and payment therefore
shall not constitute acceptance. All payments are
subject to adjustment for shortage or rejection.
All defective or nonconforming goods will be
returned pursuant to VENDOR'S instruction at
VENDOR’S expense.
To the extent that a purchase order requires a
series of performances by VENDOR, the
COUNTY prospectively reserves the right to
cancel the entire remainder of the Purchase
Order if goods and/or services provided early in
the term of the Purchase Order are non-
conforming or otherwise rejected by the
COUNTY.
4. Shipping and Invoices
a) All goods are FOB destination and must be
suitably packed and prepared to secure the
lowest transportation rates and to comply
with all carrier regulations. Risk of loss of
any goods sold hereunder shall transfer to
the COUNTY at the time and place of
delivery; provided that risk of loss prior to
actual receipt of the goods by the COUNTY
nonetheless remain with VENDOR.
b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
Unless otherwise provided in Purchase
Order, no invoices shall be issued nor
payments made prior to delivery. Unless
freight and other charges are itemized, any
discount will be taken on the full amount of
invoice.
c) All shipments of goods scheduled on the
same day via the same route must be
consolidated. Each shipping container must
be consecutively numbered and marked to
show this Purchase Order number. The
container and Purchase Order numbers must
be indicated on bill of lading. Packing slips
must show Purchase Order number and
must be included on each package of less
than container load (LCL) shipments and/or
with each car load of equipment. The
COUNTY reserves the right to refuse or
return any shipment or equipment at
VENDOR’S expense that is not marked with
Purchase Order numbers. VENDOR agrees
to declare to the carrier the value of any
shipment made under this Purchase Order
and the full invoice value of such shipment.
d) All invoices must contain the Purchase Order
number and any other specific information as
identified on the Purchase Order. Discounts
of prompt payment will be computed from the
date of receipt of goods or from date of
receipt of invoices, whichever is later.
Payment will be made upon receipt of a
proper invoice and in compliance with
Chapter 218, Fla. Stats., otherwise known as
the “Local Government Prompt Payment
Act,” and, pursuant to the Board of County
Commissioners Purchasing Policy.
5. Time Is Of the Essence
Time for delivery of goods or performance of
services under this Purchase Order is of the
essence. Failure of VENDOR to meet delivery
schedules or deliver within a reasonable time, as
interpreted by the COUNTY in its sole judgment,
shall entitle the COUNTY to seek all remedies
available to it at law or in equity. VENDOR
agrees to reimburse the COUNTY for any
expenses incurred in enforcing its rights.
VENDOR further agrees that undiscovered
delivery of nonconforming goods and/or services
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is not a waiver of the COUNTY’S right to insist
upon further compliance with all specifications.
6. Changes
The COUNTY may at any time and by written
notice make changes to drawings and
specifications, shipping instructions, quantities
and delivery schedules within the general scope
of this Purchase Order. Should any such change
increase or decrease the cost of, or the time
required for performance of the Purchase Order,
an equitable adjustment in the price and/or
delivery schedule will be negotiated by the
COUNTY and VENDOR. Notwithstanding the
foregoing, VENDOR has an affirmative obligation
to give notice if the changes will decrease costs.
Any claims for adjustment by VENDOR must be
made within thirty (30) days from the date the
change is ordered or within such additional
period of time as may be agreed upon by the
parties.
7. Warranties
VENDOR expressly warrants that the goods
and/or services covered by this Purchase Order
will conform to the specifications, drawings,
samples or other descriptions furnished or
specified by the COUNTY, and will be of
satisfactory material and quality production, free
from defects and sufficient for the purpose
intended. Goods shall be delivered free from any
security interest or other lien, encumbrance or
claim of any third party. These warranties shall
survive inspection, acceptance, passage of title
and payment by the COUNTY.
8. Statutory Conformity
Goods and services provided pursuant to this
Purchase Order, and their production and
transportation shall conform to all applicable
laws, including but not limited to the Occupational
Health and Safety Act, the Federal
Transportation Act and the Fair Labor Standards
Act, as well as any law or regulation noted on the
face of the Purchase Order.
9. Advertising
No VENDOR providing goods and services to the
COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and/or
services, or appropriate or make use of the
COUNTY’S name or other identifying marks or
property without the prior written consent of the
COUNTY’S Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless the
COUNTY from any and all claims, including
claims of negligence, costs and expenses,
including but not limited to attorneys' fees, arising
from, caused by or related to the injury or death
of any person (including but not limited to
employees and agents of VENDOR in the
performance of their duties or otherwise), or
damage to property (including property of the
COUNTY or other persons), which arise out of or
are incident to the goods and/or services to be
provided hereunder.
11. Warranty of Non-Infringement
VENDOR represents and warrants that all goods
sold or services performed under this Purchase
Order are: a) in compliance with applicable laws;
b) do not infringe any patent, trademark,
copyright or trade secret; and c) do not constitute
unfair competition.
VENDOR shall indemnify and hold harmless the
COUNTY from and against any and all claims,
including claims of negligence, costs and
expense, including but not limited to attorneys'
fees, which arise from any claim, suit or
proceeding alleging that the COUNTY’S use of
the goods and/or services provided under this
Purchase Order are inconsistent with VENDOR'S
representations and warranties in section 11 (a).
If any claim which arises from VENDOR'S breach
of section 11 (a) has occurred, or is likely to
occur, VENDOR may, at the COUNTY’S option,
procure for the COUNTY the right to continue
using the goods or services, or replace or modify
the goods or services so that they become non-
infringing, (without any material degradation in
performance, quality, functionality or additional
cost to the COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall provide
commercial insurance of such type and with such
terms and limits as may be reasonably
associated with the Purchase Order. Providing
and maintaining adequate insurance coverage is
a material obligation of the VENDOR. All
insurance policies shall be executed through
insurers authorized or eligible to write policies in
the State of Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all
federal, state, and local laws, rules, codes, and
ordinances that are applicable to the conduct of
its business. By way of non-exhaustive example,
this shall include the American with Disabilities
Act and all prohibitions against discrimination on
the basis of race, religion, sex creed, national
origin, handicap, marital status, or veterans’
status. Further, VENDOR acknowledges and
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without exception or stipulation shall be fully
responsible for complying with the provisions of
the Immigration Reform and Control Act of 1986
as located at 8 U.S.C. 1324, et seq. and
regulations relating thereto, as either may be
amended. Failure by the awarded firm(s) to
comply with the laws referenced herein shall
constitute a breach of the award agreement and
the County shall have the discretion to
unilaterally terminate said agreement
immediately. Any breach of this provision may
be regarded by the COUNTY as a material and
substantial breach of the contract arising from
this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in
performance resulting from any cause beyond
their control, including, but without limitation to
war, strikes, civil disturbances and acts of nature.
When VENDOR has knowledge of any actual or
potential force majeure or other conditions which
will delay or threatens to delay timely
performance of this Purchase Order, VENDOR
shall immediately give notice thereof, including all
relevant information with respects to what steps
VENDOR is taking to complete delivery of the
goods and/or services to the COUNTY.
15. Assignment
VENDOR may not assign this Purchase Order,
nor any money due or to become due without the
prior written consent of the COUNTY. Any
assignment made without such consent shall be
deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida sales
and use tax on real property, transient rental
property rented, tangible personal purchased or
rented, or services purchased (Florida Statutes,
Chapter 212), and from federal excise tax.
17. Annual Appropriations
The COUNTY’S performance and obligation to
pay under this Purchase Order shall be
contingent upon an annual appropriation of
funds.
18. Termination
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order
may be terminated immediately by the COUNTY
for breach by VENDOR of the terms and
conditions of this Purchase Order, provided that
COUNTY has provided VENDOR with notice of
such breach and VENDOR has failed to cure
within 10 days of receipt of such notice.
19. General
a) This Purchase Order shall be governed by
the laws of the State of Florida. The venue
for any action brought to specifically enforce
any of the terms and conditions of this
Purchase Order shall be the Twentieth
Judicial Circuit in and for Collier County,
Florida
b) Failure of the COUNTY to act immediately in
response to a breach of this Purchase Order
by VENDOR shall not constitute a waiver of
breach. Waiver of the COUNTY by any
default by VENDOR hereunder shall not be
deemed a waiver of any subsequent default
by VENDOR.
c) All notices under this Purchase Order shall
be sent to the respective addresses on the
face page by certified mail, return receipt
requested, by overnight courier service, or by
personal delivery and will be deemed
effective upon receipt. Postage, delivery and
other charges shall be paid by the sender. A
party may change its address for notice by
written notice complying with the
requirements of this section.
d) The Vendor agrees to reimbursement of any
travel expenses that may be associated with
this Purchase Order in accordance with
Florida Statute Chapter 112.061, Per Diem
and Travel Expenses for Public Officers,
employees and authorized persons.
e) In the event of any conflict between or
among the terms of any Contract Documents
related to this Purchase Order, the terms of
the Contract Documents shall take
precedence over the terms of the Purchase
Order. To the extent any terms and /or
conditions of this Purchase Order duplicate
or overlap the Terms and Conditions of the
Contract Documents, the provisions of the
Terms and/or Conditions that are most
favorable to the County and/or provide the
greatest protection to the County shall
govern.
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Exhibit IV: Additional ITB Terms and Conditions
1. Additional Items and/or Services
During the contract term, Collier County reserves the right to add related items and/or services
upon negotiation of a satisfactory price by the Project Manager and Vendor.
2. Conflict of Interest
Vendor shall provide a list of any businesses and/or organizations to which the firm has any
affiliation or obligations within the past five (5) years; whether paid or donated, which could be
construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of
interest is subject to County staff review and does not in and of itself disqualify a firm from
consideration. These disclosures are intended to identify and or preclude conflict of interest
situations during contract selection and execution.
3. Vendor Performance Evaluation
Collier County has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of agreement.
4. Deductions for Non-Performance
The County reserves the right to deduct a portion of any invoice for goods not delivered, or
services not performed in accordance with requirements, including required timeframe. The
County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies
directly related to the Vendor’s non-performance.
5. Termination
Should the Contractor be found to have failed to perform services in a manner satisfactory to the
County, the County may terminate this Agreement immediately for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance. In the event that the award of this solicitation is made by the
Procurement Services Director, the award and any resultant purchase orders may be terminated
at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant
to the Board’s Procurement Ordinance.
6. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of
the successful vendor.
7. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub
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vendors shall be responsible for the safety of their employees and any unsafe acts or conditions
that may cause injury or damage to any persons or property within and around the work site. All
firewall penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County
facility, property and/or right-of-way for the purpose of inspection of any Vendor’s work operations.
This provision is non-negotiable by any department and/or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and
PPE Protective labels.
8. Florida Wood Products
The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and
other forest products produced and manufactured in the State of Florida as long as the price,
fitness and quality are equal.
9. Public Records Compliance
Florida Public Records Law Chapter 119, including specifically those contractual requirements in
119.0701(2)(a)-(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency’s custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the Contractor does not
transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency’s custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
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10. Standards of Conduct
The Vendor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Vendor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in the
best interest of the County.
11. Licenses
The Vendor is required to possess the correct professional and other licenses, and any other
authorizations necessary to perform the required work pursuant to all applicable Federal, State
and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies
of all the required licenses must be submitted with the bid response indicating that the
entity bidding, as well as the team assigned to the County account, is properly licensed to
perform the activities or work included in the ITB documents. Failure on the part of any
vendor to supply this documentation with their bid response may be grounds for deeming
vendor non-responsive. A Vendor with an office within Collier County is required to have an
occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections
must complete a Collier County Contractor License registration form and submit the required fee.
After registering the license/registration will need to be renewed thereafter to remain “active” in
Collier County.
Questions regarding professional licenses should be directed to Contractor Licensing, Community
Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions
regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be
directed to the Tax Collector’s Office at (239) 252-2477.
12. Protection of Property
The Vendor shall ensure that the service is performed in such manner as to not damage any
property. In the event damage occurs to any property as a direct result of the Vendor or their Sub
vendor in the performance of the required service, the Vendor shall repair/replace, to the County’s
satisfaction, damaged property at no additional cost to the County. If the damage caused by the
Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will
be deducted from the monies due the Vendor.
The County’s project manager shall coordinate with the Vendor / Contractor the return of any
surplus assets, including materials, supplies, and equipment associated with the scope or work.
13. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan,
fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III,
Florida Statutes, the current Collier County Ethics Ordinance and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact
with County staff for a specified period of time; b. Prohibition by the individual and/or firm from
doing business with the County for a specified period of time, including but not limited to:
submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the
individual and/or firm for cause.
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14. Invoice and Payments
The County’s project manager reserves the right to establish any one, or a combination of, these
industry practices for contracts or purchase orders:
Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including
labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e.
installation price per ton, delivery price per package or carton, etc.). The invoice must identify
the unit price and the number of units received (no contractor inventory or cost verification
required).
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor’s invoices must include:
Purchase Order Number
Description and quantities of the goods or services provided per instructions on the County’s
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk’s Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk@collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and/or
services as part of this agreement.
Payment methods include:
Traditional – payment by check, wire transfer or other cash equivalent.
Standard – payment by purchasing card. Collier County’s Purchasing Card Program is
supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant
of the Rules for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of
using the County’s credit card for transactions relating to this solicitation. The County will
entertain bids clearly stating pricing for standard payment methods. An additional separate
discounted price for traditional payments may be provided at the initial bid submittal if it is clearly
marked as an “Additional Cash Discount.”
Upon execution of the Contract and completion of each month’s work, payment requests may b e
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for
that prior month. Services beyond sixty (60) days from current monthly invoice will not be
considered for payment without prior approval from the Project manager. All invoices should be
submitted within the fiscal year the work was performed. (County's fiscal year is October 1 -
September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or
processed for payment) unless specifically authorized by the Project Manager.
Payments will be made for articles and/or services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified deadline period
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is subject to non-payment under the legal doctrine of “laches” as untimely submitted. Time shall be
deemed of the essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or
other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy
these debts, the County reserves the right to off-set the amount owed to the County by applying
the amount owed to the vendor or contractor for services performed of for materials delivered in
association with a contract.
Invoices shall not reflect sales tax. After review and approval, t he invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in
compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt
Payment Act.” Collier County reserves the right to withhold and/or reduce an appropriate amount
of any payment for work not performed or for unsatisfactory performance of Contractual
requirements.
15. Survivability
Purchase Orders: The Consultant/Contractor/Vendor agrees that any Purchase Order that
extends beyond the expiration date of the original Solicitation 16-7032 Purchase and Delivery of
Turf Grasses will survive and remain subject to the terms and conditions of that Agreement until
the completion or termination of this Purchase Order.
16. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in Insurance and
Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain
property insurance upon the entire project, if required, to the full insurable value of the scope of
work.
The County and the Vendor waive against each other and the County’s separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to
the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County’s separate Vendors, Design Consultants and
Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify “For any and all work
performed on behalf of Collier County.”
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
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The amounts and types of insurance coverage shall conform to the minimum requirements set
forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services
Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured
retentions or deductibles under any of the below listed minimum required coverage, Vendor must
identify on the Certificate of Insurance the nature and amount of such self- insured retentions or
deductibles and provide satisfactory evidence of financial responsibility for such obligations. All
self-insured retentions or deductibles will be Vendor’s sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in
this solicitation, whichever is longer.
The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall
also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices
of expiration, cancellation, non-renewal or material change in coverage or limits received by
Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to
provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by
Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to
the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the
County may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to
reimburse the County for such costs within thirty (30) days after demand, the County has the right
to offset these costs from any amount due Vendor under this Agreement or any other agreement
between the County and Vendor. The County shall be under no obligation to purchase such
insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or
companies used. The decision of the County to purchase such insurance coverage(s) shall in no
way be construed to be a waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of
the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure
of the Vendor to provide the County with such renewal certificate(s) shall be considered
justification for the County to terminate any and all contracts.
15. Collier County Information Technology Requirements
All vendor access will be done via VPN access only. All access must comply with current
published County Manager Agency (CMA) policies.
Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon
request from the Information Technology Department. All vendors will be required to adhere to IT
policies for access to the County network. Vendors are required to notify the County in writing
twenty-four (24) hours in advance as to when access to the network is planned. Included in this
request must be a detailed work plan with actions that will be taken at the time of access. The
County IT Department has developed a Technical Architecture Requirements Document that is
required to be filled out and submitted with your bid response. This document can be found on the
Collier County Procurement Services Division website: www.colliergov.net/purchasing. On the left
hand side of the menu, click on CC Technical Requirements. If this document is not submitted with
your bid response, your bid response may be deemed non-responsive.
16. Security and Background Checks
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The Contractor is required to comply with County Ordinance 2004-52, as amended. Background
checks are valid for five (5) years and the Contractor shall be responsible for all associated costs.
If required, Contractor shall be responsible for the costs of providing background checks by the
Collier County Facilities Management Division for all employees that shall provide services to the
County under this Agreement. This may include, but not be limited to, checking federal, state and
local law enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records. Contractor shall be
required to maintain records on each employee and make them available to the County for at least
four (4) years.
All of Contractor’s employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and properties.
Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed
each year at no cost to the Contractor during the time period in which their background check is
valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s
business.
The Contractor shall immediately notify the Collier County Facilities Management Division via e-
mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates
from their employment. This notification is critical to ensure the continued security of Collier
County facilities and systems. Failure to notify within four (4) hours of separation may result in a
deduction of $500 per incident.
CCSO requires separate fingerprinting prior to work being performed in any of their locations.
This will be coordinated upon award of the contract. If there are additional fees for this process,
the vendor is responsible for all costs.
17. Maintenance of Traffic Policy
For all projects that are conducted within a Collier County Right-of-Way, the Vendor shall provide
and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform
Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the
Florida Department of Transportation’s Design Standards (DS) on state roadways. These projects
shall also comply with Collier County’s Maintenance of Traffic Policy, #5807, incorporated herein
by reference. Copies are available through the Risk Management and/or Procurement Services
Division and are available on-line at colliergov.net/purchasing.
The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT
Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar
with their requirements. Strict adherence to the requirements of the Maintenance of Traffic
(“MOT”) policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
18. Debris
Vendor shall be responsible for the removal and disposal of all debris from the site and the
cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable
materials resulting from their work and as work progresses; or upon the request of the County’s
representative, shall remove and dispose such debris and materials from the property. The
Vendor shall leave all affected areas as they were prior to beginning work.
19. Direct Material Purchase
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The County reserves the right to require Vendor to assign some or all of its agreements with
material suppliers directly to the County. Any such goods and/or materials purchased by the
County pursuant to such an assignment of a material supply agreement shall be referred to as
“County Furnished Materials” and the responsibilities of both the County and the Vendor relating
to said materials shall be governed by the terms and conditions of this solicitation.
Additionally, the County at its sole option may choose to purchase some or all of the goods and/or
materials from other suppliers. In either instance the County may require the following information
from the Vendor:
Required quantities of material.
Specifications relating to goods and/or materials required for job including brand and/or model
number or type if applicable
Pricing and availability of goods and/or materials provided under Vendor’s agreements with
material suppliers
20. Grant Compliance
The purchase of any goods and/or services that are funded through Federal Grant Appropriations,
the State of Florida, or any other public or private foundations shall be subject to the compliance
and reporting requirements of the granting agency.
21. Equipment
Vendor shall have available and in good working condition, the necessary equipment to perform
the required service. If required by the County, the Vendor shall supply a list of equipment and an
hourly rate for each. Hourly rates will commence once equipment arrives at the service site,
unless otherwise agreed in writing by the Project Manager.
In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is
needed, the Project Manager must be notified in advance for approval. The reimbursement of
additional equipment expense shall be at cost and will commence once equipment arrives at the
service site, unless otherwise agreed in writing by the Project Manager. The County reserves the
right to request and obtain documentation of the Vendor’s cost for time and material projects, and
to withhold payments until documentation is provided.
All County-purchased equipment must be new and of current manufacture in production at the
time of bid opening, and carry industry standard warranties. At the time of delivery, at least two (2)
complete shop repair manuals and parts lists must be furnished with each type of equipment.
Vendor must service all equipment prior to delivery and/or acceptance by the County.
The scope of these specifications is to ensure the delivery of a complete unit ready for operation.
Omission of any essential detail from these specifications does not relieve the Vendor from
furnishing a complete unit.
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Attachment 1: Vendor Submittal - Vendor’s Non-Response Statement
The sole intent of the Collier County Procurement Services Division is to issue solicitations that are
clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why
prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB,
please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via
email or fax to the Procurement Strategist listed on the first page or mail to: Collier County
Procurement Services Division, 3327 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s): Solicitation: 16-7032RR
Purchase and Delivery of Turf Grasses
Services requested not available through our company.
Our firm could not meet specifications/scope of work.
Specifications/scope of work not clearly understood (too vague, rigid, etc.)
Project is too small.
Insufficient time allowed for preparation of response.
Incorrect address used. Please correct mailing address:
Other reason(s):
Firm’s Complete Legal Name
Address
City, State, Zip
Telephone Number
FAX Number
Signature / Title
Type Name of Signature Date:
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Attachment 2: Vendor’s Check List
IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the
spaces indicated and return with bid.
Vendor should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has
been included.
8. Addendum have been signed and included, if applicable.
9. Affidavit for Claiming Status as a Local Business, if applicable.
10. Immigration Affidavit and company’s E-Verify profile page or memorandum of understanding.
11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this
ITB.
12. The mailing envelope must be addressed to:
Procurement Director
Collier County Government
Procurement Services Division
3327 Tamiami Trail E
Naples FL 34112
The mailing envelope must be sealed and marked with:
Solicitation: 16-7032RR Purchase and Delivery of Turf Grasses
Opening Date: January 23, 2017 @ 3:00 PM
13. The bid will be mailed or delivered in time to be received no later than the specified opening date
and time. (Otherwise bid cannot be considered.)
14. If submitting a manual bid, include any addenda (initialed and dated noting understanding and
receipt). If submitting bid electronically, bidder will need to download all related documents on
www.colliergov.net/bid. The system will date and time stamp when the addendum files were
downloaded
ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE
OF THE COURIER PACKET.
Company Name
Signature & Title
Date
16.A.19.a
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ITB Template_11182016
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Attachment 3: Vendor Submittal - Bid Response Form
FROM:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: 16-7032RR Purchase and Delivery of Turf Grasses
Dear Commissioners:
The undersigned, as Vendor, hereby declares that the specifications have been fully examined and
the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as
per the scope of work. The Vendor further declares that the only persons, company or parties
interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is
made without connection with any other person, company or companies submitting a Bid; and it is all
respects fair and in good faith, without collusion or fraud.
The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in
accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to
provide the following:
* * * SEE FOLLOWING PAGES * * *
Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be
considered and computed in the tabulation of the bids. In no instance should terms for less than
fifteen (15) days payment be offered.
Prompt Payment Terms: % Days; Net Days
Bid Response Form is electronic. Please input your prices online.
Bid Response is as follows:
Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid
response pages. The undersigned do agree that should this Bid be accepted, to execute a formal
contract, if required, and present the formal contract to the County Procurement Director for approval
within fifteen (15) days after being notified of an award.
16.A.19.a
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IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
, 2017 in the County of , in the State of .
Firm’s Complete Legal Name
Address
City, State, Zip
Florida Certificate of Authority
Document Number
Federal Tax Identification
Number
CCR # or CAGE Code
Telephone Number
FAX Number
Signature / Title
Type Name of Signature
Date
****************************************************************************************************
Additional Contact Information
Send Payments To: (REQUIRED ONLY if different from above)
Firm’s Complete Legal Name
Address
City, State, Zip
Contact Name
Telephone Number
FAX Number
Email Address
16.A.19.a
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Attachment 4: Vendor Submittal – Local Vendor Preference Affidavit
Solicitation: 16-7032RR Purchase and Delivery of Turf Grasses (Check Appropriate Boxes Below)
State of Florida (Select County if Vendor is described as a Local Business
Collier County
Lee County
Vendor affirms that it is a local business as defined by the Procurement Ordinance of the Collier County Board
of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County
Procurement Ordinance:
Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax
Collector for at least one year prior to bid or proposal submission to do business within Collier County, and
that identifies the business with a permanent physical business address located within the limits of Collier
County from which the vendor’s staff operates and performs business in an area zoned for the conduct of
such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a
construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of
establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well-being of Collier County in a verifiable
and measurable way. This may include, but not be limited to, the retention and expansion of employment
opportunities, support and increase to the County's tax base, and residency of employees and principals of
the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the
time of submitting their bid or proposal to be eligible for consideration as a "local business" under this
section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to one year under this
section.
Vendor must complete the following information:
Year Business Established in Collier County or Lee County:
Number of Employees (Including Owner(s) or Corporate Officers):
Number of Employees Living in Collier County or Lee (Including Owner(s) or Corporate Officers):
If requested by the County, vendor will be required to provide documentation substantiating the information
given in this affidavit. Failure to do so will result in vendor’s submission being deemed not applicable.
Vendor Name: Date:
Address in Collier or Lee County:
Signature: Title:
STATE OF FLORIDA
COLLIER COUNTY LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day
of , 20 .
Notary Public
My Commission Expires:
(AFFIX OFFICIAL SEAL)
16.A.19.a
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Attachment 5: Vendor Submittal – Immigration Affidavit
Solicitation: 16-7032RR Purchase and Delivery of Turf Grasses
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal
Invitations to Bid (ITB’s) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll
in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the
vendor’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company
Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to
include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor /
Bidder’s proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of
the Immigration and Nationality Act (“INA”).
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the
INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be
grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act
and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-
Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the
Vendor’s / Bidder’s proposal.
Company Name
Print Name Title
Signature
Date
State of
County of
The foregoing instrument was signed and acknowledged before me this day of , 20 , by
who has produced as identification.
(Print or Type Name) (Type of Identification and Number)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
16.A.19.a
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Attachment 6: Vendor Substitute W – 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address City
State Zip
Telephone FAX Email
Order Information Remit / Payment Information
Address Address
City State Zip City State _ Zip
FAX FAX
Email Email
2. Company Status (check only one)
Individual / Sole Proprietor Corporation Partnership
Tax Exempt (Federal income tax-exempt entity
under Internal Revenue Service guidelines IRC
501 (c) 3)
Limited Liability Company
Enter the tax classification
(D = Disregarded Entity, C = Corporation, P = Partnership)
3. Taxpayer Identification Number (for tax reporting purposes only)
4. Sign and Date Form
Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
Federal Tax Identification Number (TIN)
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.)
16.A.19.a
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Attachment 7: Vendor Submittal - Insurance and Bonding Requirements
Insurance / Bond Type Required Limits
1. Worker’s
Compensation
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
2. Employer’s Liability $100,000 single limit per occurrence
3. Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
Bodily Injury and Property Damage
$1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
4. Indemnification To the maximum extent permitted by Florida law, the
Contractor/Vendor/Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys’ fees and
paralegals’ fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone
employed or utilized by the Contractor/Vendor/Consultant in the performance
of this Agreement.
4. Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. Other insurance as
noted:
Watercraft $ Per Occurrence
United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ _ Per Occurrence
Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
Pollution $ 1,000,000 Per Occurrence
Professional Liability $ per claim and in
the aggregate
$1,000,000 per claim and in the aggregate
$2,000,000 per claim and in the aggregate
Project Professional Liability $ Per Occurrence
Valuable Papers Insurance $ Per Occurrence
16.A.19.a
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ITB Template_11182016
37
Employee Dishonesty / Crime $ Per Occurrence
Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss
Payee endorsement naming Collier County.
6. Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers’ check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. Performance and
Payment Bonds
For projects in excess of $200,000, bonds shall be submitted with the
executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as “A-“ or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders’ surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to
meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance
provisions.
9. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability where required.
10. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance
must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all
work performed on behalf of Collier County.
11. Thirty (30) Days Cancellation Notice required.
Vendor’s Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be required
within five (5) days of the award of this solicitation.
Name of Firm Date
Vendor Signature
Print Name
Insurance Agency
Agent Name Telephone Number
16.A.19.a
Packet Pg. 547 Attachment: 16-7032RR spec - ITB 16-7032RR (2732 : 16-7032RR Purchase and Delivery of Turfgrasses)
Unit Price No Bid Unit Price No Bid Unit Price No Bid Unit Price No Bid
400 SQ FT Pallet $85.00 $79.00 Note: $72 + $7 Pallet Deposit $68.00 $75.00
400 SQ FT Pallet $115.00 $154.00
Note: $72 + $7 Pallet Deposit
+$75 Delivery Flat Fee $0.00 X $0.00 X
400 SQ FT Pallet $152.44
See
Note
Note: 8 Pallet Minimum
8-15 Pallets $114 per pallet
16+ Pallets: $94 per pallet $0.00 POR $0.00 X
400 SQ FT Pallet $125.00 $127.00 $120 + $7 Pallet Deposit $120.00 $145.00
400 SQ FT Pallet $145.00 $202.00
$120 + $7 Pallet Deposit
+$75 Delivery Flat Fee $0.00 X $0.00 X
400 SQ FT Pallet $197.76
See
Note
Note: 8 Pallet Minimum
8-15 Pallets $160 per pallet
16+ Pallets: $140 per pallet $0.00 POR $0.00 X
400 SQ FT Pallet $0.00 X $157.00 Note: $150 + $7 Pallet Deposit $192.00 X
400 SQ FT Pallet $0.00 X $239.00
Note: $150 + $7 Pallet Deposit
+$75 Delivery Flat Fee $0.00 X $0.00 X
400 SQ FT Pallet $0.00 X
See
Note
Note: 8 Pallet Minimum
8-15 Pallets $209 per pallet
16+ Pallets: $190 per pallet $0.00 POR $0.00 X
400 SQ FT Pallet $0.00 X
See
Note
Note: 8 Pallet Minimum
8-15 Pallets $134 per pallet
16+ Pallets: $114 per pallet $0.00 X $0.00 X
400 SQ FT Pallet $0.00 X
See
Note
Note: 8 Pallet Minimum
8-15 Pallets $229 per pallet
16+ Pallets: $210 per pallet $0.00 X $0.00 X
400 SQ FT Pallet $0.00 X
See
Note
Note: 8 Pallet Minimum
8-15 Pallets $180 per pallet
16+ Pallets: $160 per pallet $0.00 X $0.00 X
Contractor shall deliver sod to the designated location on the order and off-loaded.
Sod tickets shall be provided with every order with the following listed: sod grass type and variety, quantity ordered, origin, and the date and time sod was harvested and loaded. Unit prices are all inclusive of delivery, fuel, equipment, labor.
Division shall arrange for sod to be picked up at the Contractor’s location and the Contractor shall load the sod. The pickup location shall be an easily accessible location within the borders of Collier County.
Picked Up
Scope of Services
Delivered & Off-Loaded
Golden Gate
Nursery
REQUEST FOR QUOTE: PURCHASE OF TURFGRASSES
QUOTES DUE NO LATER THAN: THURSDAY - FEBRUARY 16, 2017 BY 5:00 P.M. EST
Item Description UOM
Bahia-Argentine, Sand Grown (Delivered and Off-Loaded)
Bahia-Argentine, Sand Grown (Installed)
St. Augustine, Floratam, Sand Grown (Picked Up)
Bahia-Argentine, Sand Grown (Picked up)
Bermuda-Certified Celebration, Sand Grown (Delivered & Off-Loaded)
BATTISTA FARMS,
LLC.DWJH, LLC. DBA LEO'S SOD TRIPLE C SOD, INC.
Bermuda-Certified Celebration, Sand Grown (Installed with (MOT))
St. Augustine, Floratam, Sand Grown (Delivered & Off-Loaded)
St. Augustine, Floratam, Sand Grown (Installed)
Bahia-Argentine, Sand Grown (Installed with (MOT))
St. Augustine, Floratam, Sand Grown (Installed with (MOT))
Bermuda-Certified Celebration, Sand Grown (Picked Up)
Bermuda-Certified Celebration, Sand Grown (Installed)
Installed
Contractor shall deliver, off-load, and provide basic sod bed preparation and installation on grade provided by the County. Contractor to clean bed area to remove debris, brush, roots, rocks, and weeds and dispose of properly. Rake and rough
grade soil to even out the ground surface. Clean sod bed area to remove dead turf, weeds, debris, brush, roots, and rocks. Contractor to dispose of and haul all debris. Water bed prior to installation of sod and water immediately after sod
placement.
Maintenance of Traffic (MOT)
Maintenance of Traffic (MOT), Intermediate Level, Certification will be required for Contractors that bid sections that require deliveries and services in the Right-of-Way (ROW) roadways and medians. It shall be all inclusive in the unit price for the
categories line items which indicate w/MOT in the line item description to include MOT devices used for adequate traffic control and depending on the roadway and project it may include: signage, arrow boards, message boards, warning devices,
barriers, and flagmen.
Contractor or sub-contractor will be required to have current FDOT approved MOT Intermediate Level Certification for FDOT, Design Standards, 600 series prior to work commencing in the ROW medians and roadways.
16.A.19.b
Packet Pg. 548 Attachment: QUOTE_RESULTS_2 16 17 (2732 : 16-7032RR Purchase and Delivery of Turfgrasses)
Date:2/9/2017
Phone #:
Email:
Unit Price No Bid
400 SQ FT Pallet $0.00 $85
400 SQ FT Pallet $0.00 $115.00
400 SQ FT Pallet $0.00 $152.44
400 SQ FT Pallet $0.00 $125.00
400 SQ FT Pallet $0.00 $145.00
400 SQ FT Pallet $0.00 $197.76
400 SQ FT Pallet $0.00 N/A
400 SQ FT Pallet $0.00 N/A
400 SQ FT Pallet $0.00 N/A
400 SQ FT Pallet $0.00 N/A
400 SQ FT Pallet $0.00 N/A
400 SQ FT Pallet $0.00 N/A
Contractor shall deliver sod to the designated location on the order and off-loaded.
Bahia-Argentine, Sand Grown (Delivered and Off-Loaded)
Bahia-Argentine, Sand Grown (Installed)
St. Augustine, Floratam, Sand Grown (Picked Up)
Bahia-Argentine, Sand Grown (Picked up)
Bermuda-Certified Celebration, Sand Grown (Delivered & Off-Loaded)
Battista Farms LLC
Quote Date:
REQUEST FOR QUOTE: PURCHASE OF TURFGRASSES
melissapearson@colliergov.net
Quote Requested by:
Quote submission to:
Collier County Government, GMD, Road Maintenance Division
Phone #: 239/252-8924
Melissa Pearson, Contract Administration Specialist
QUOTES DUE NO LATER THAN: THURSDAY - FEBRUARY 16, 2017 BY 5:00 P.M. EST
Company Name:
Quote # if applicable:
Quote Validity:
Item Description
Quote shall be valid for 180 days or until a new contract is awarded
info@battistafarms.net
Quoted by Name:
Signature:Loreta Valone
UOM
Contractor shall deliver, off-load, and provide basic sod bed preparation and installation on grade provided by the County. Contractor to
clean bed area to remove debris, brush, roots, rocks, and weeds and dispose of properly. Rake and rough grade soil to even out the ground
surface. Clean sod bed area to remove dead turf, weeds, debris, brush, roots, and rocks. Contractor to dispose of and haul all debris.
Water bed prior to installation of sod and water immediately after sod placement.
Maintenance of Traffic (MOT)
Maintenance of Traffic (MOT), Intermediate Level, Certification will be required for Contractors that bid sections that require deliveries and
services in the Right-of-Way (ROW) roadways and medians. It shall be all inclusive in the unit price for the categories line items which indicate
w/MOT in the line item description to include MOT devices used for adequate traffic control and depending on the roadway and project it
may include: signage, arrow boards, message boards, warning devices, barriers, and flagmen.
Contractor or sub-contractor will be required to have current FDOT approved MOT Intermediate Level Certification for FDOT, Design
Standards, 600 series prior to work commencing in the ROW medians and roadways.
Delivered & Off-Loaded
Installed
Bermuda-Certified Celebration, Sand Grown (Installed with (MOT))
St. Augustine, Floratam, Sand Grown (Delivered & Off-Loaded)
St. Augustine, Floratam, Sand Grown (Installed)
Bahia-Argentine, Sand Grown (Installed with (MOT))
St. Augustine, Floratam, Sand Grown (Installed with (MOT))
Sod tickets shall be provided with every order with the following listed: sod grass type and variety, quantity ordered, origin, and the date and
time sod was harvested and loaded. Unit prices are all inclusive of delivery, fuel, equipment, labor.
Division shall arrange for sod to be picked up at the Contractor’s location and the Contractor shall load the
sod. The pickup location shall be an easily accessible location within the borders of Collier County.
Picked Up
Bermuda-Certified Celebration, Sand Grown (Picked Up)
Bermuda-Certified Celebration, Sand Grown (Installed)
Scope of Services
16.A.19.b
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16.A.19.b
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16.A.19.b
Packet Pg. 552 Attachment: QUOTE_RESULTS_2 16 17 (2732 : 16-7032RR Purchase and Delivery of Turfgrasses)