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Agenda 03/14/2017 Item #16E603/14/2017 EXECUTIVE SUMMARY Recommendation to approve Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & Services” and authorize payment of outstanding invoices under quantum meruit for projects to Contemporary Controls and Communications, Inc., which previously included a 4% price increase. OBJECTIVE: To authorize payment for any outstanding invoices related to irrigation supplies and services already purchased or ordered with an associated price increase. CONSIDERATIONS: On February 10, 2015, the Board approved the award of ITB #15-6370 “Motorola Central Control Irrigation Supplies & Services” with an award term of one (1) year with three (3) one year renewal options (Agenda Item #16.A.9). On November 3, 2016, the Procurement Ser vices Director extended a one (1) year renewal to Contemporary Controls and Communications, Inc. (“Contractor”). The Contractor agreed to renew and also requested a 4% price increase based on a cost increase from the manufacturer. The Contractor’s price increase and supporting backup documentation were thoroughly reviewed by the Road and Bridge Maintenance Division and Procurement Services Division and deemed reasonable. On February 2, 2017, Staff received notice from the Contractor that several products currently being used have become obsolete and would have to be replaced with new products not included in the bid tab. Staff reviewed the substitute products and agreed to recommend including these new items in the bid. ITB Solicitation #15-6370 “Motorola Central Control Irrigation Supplies & Services” is vague as to the approval of price increases; although price increases were anticipated due to the nature of the Motorola products. Procurement Services is recommending: approval of the 4% price increase effective February 10, 2017; requirement for any future price increases to be approved by the Procurement Services Director and the Road and Maintenance Director; and approval of Change Order #4 so that any outstanding invoices may be paid and products continue to be ordered from this vendor. The irrigation supplies and services provided by the Contractor are critical to the aesthetic quality and vitality of Collier County’s landscaped areas and Staff is satisfied with the Contractor’s performance. Without irrigation supplies and services, the county will be jeopardizing the proper maintenance of over 100 miles of landscaping and will be forced to delay the current Beautification Project efforts. Staff is recommending that the outstanding invoices for the services and products successfully supplied in the amount of $52,811.35 Be approved for payment under the equitable principle of quantum meruit, since staff authorized the purchase of those goods and services. Work was completed to division satisfaction and the pricing was deemed fair and reasonable by the division. FISCAL IMPACT: The current amount of outstanding invoices to this vendor total $52,811.35, however should additional invoices be submitted before this agenda item is approved, Staff is requesting all invoices containing this price increase be authorized for payment. Funds are available from divisional operating budgets under which the Purchase Orders were originally issued. GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the Office of the County Attorney. Broadly speaking, quantum meruit is an equitable legal principle to determine the amount to be paid for services when no contract exists or when there is doubt as to the amount due for the work performed but 16.E.6 Packet Pg. 951 03/14/2017 done under circumstances when payment could be expected. Here this vendor provided product and services pursuant to a renewal of the original ITB award, which extension by staff included a 4% price increase based upon a cost increase from the manufacturer. Contemporaneously with this request for payment of the outstanding invoices, Staff is requesting the approval of Change Order 4 so the purchase of future goods and services under this award, including substitute items not included in the original bid tab, can be timely purchased and processed for payment. As set forth herein and in the attached back-up, Staff has reviewed the outstanding invoices, determined that the work and products were successfully provided, and has concluded that in each instance the payment requested by the contractor represents fair market value and is reasonable for the work performed. Accordingly, this item is approved as to form and legality, and requires a majority vote for approval.-SRT RECOMMENDATION: To authorize payment under quantum meruit of outstanding invoices in the amount of $52,811.35 And any other invoices related to the price increase or Change Order #4 for work performed by Contemporary Controls and Communications, Inc. related to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & Services”; to approve the 4% price increase effective February 10, 2017; to require any future price increases to be approved by the Procurement Services Director and the Road and Maintenance Director; and to approve Change Order #4. Prepared by: Edward Coyman Jr., Procurement Services Director ATTACHMENT(S) 1. 15-6370 ContemporaryControls_2of3-1yrRenewals (PDF) 2. 15-6370 ContemporaryControls_2017IncreaseBack-up (PDF) 3. 15-6370_Motorola_Solicitation (PDF) 4. CO_4 (PDF) 5. 15-6370 Unpaid invoices CO4 (XLSX) 16.E.6 Packet Pg. 952 03/14/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.6 Doc ID: 2841 Item Summary: Recommendation to approve Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & Services” and authorize payment of outstanding invoices under quantum meruit for projects to Contemporary Controls and Communications, Inc., which previously included a 4% price increase. Meeting Date: 03/14/2017 Prepared by: Title: Purchasing Technician – Procurement Services Name: Lissett DeLaRosa 03/03/2017 4:02 PM Submitted by: Title: – Procurement Services Name: Ted Coyman 03/03/2017 4:02 PM Approved By: Review: Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 03/03/2017 4:02 PM Procurement Services Sandra Herrera Additional Reviewer Completed 03/03/2017 4:07 PM Procurement Services Allison Kearns Additional Reviewer Completed 03/03/2017 4:09 PM Procurement Services Ted Coyman Additional Reviewer Completed 03/03/2017 5:06 PM Administrative Services Department Len Price Level 1 Division Reviewer Completed 03/06/2017 11:51 AM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 03/06/2017 12:15 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 03/06/2017 4:36 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/06/2017 4:43 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/07/2017 9:19 AM Office of Management and Budget Laura Wells Additional Reviewer Completed 03/07/2017 11:46 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/07/2017 12:42 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/14/2017 9:00 AM 16.E.6 Packet Pg. 953 16.E.6.a Packet Pg. 954 Attachment: 15-6370 ContemporaryControls_2of3-1yrRenewals (2841 : Change Order #4 to ITB No. 15- 16.E.6.a Packet Pg. 955 Attachment: 15-6370 ContemporaryControls_2of3-1yrRenewals (2841 : Change Order #4 to ITB No. 15- 12-20-2016 products for irrigation systemsof the Motorola increasePrice Dear Value Added Resellers. I would like to inform you all that Mottech Water Solutions will increase the prices of the Irrinet products by 4% effective Feb 1, 2017 The products are: Irrinet ACE, Irrinet MAC, Irrinet MDC, Piccolo XR, PIU, XPR5350 UHF Radio. This is the 1st price increase since March 2011. With Best Regards Avi Komorov Business Manager Mottech Water Solutions. 16.E.6.b Packet Pg. 956 Attachment: 15-6370 ContemporaryControls_2017IncreaseBack-up (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Invitation to Bid Date:November 13, 2014 From:Evelyn Colon, Procurement Strategist (239) 252-2810 (Telephone) (239) 252-2667 (FAX) evelyncolon@colliergov.net (Email) To:Prospective Vendors Subject: Solicitation 15-6370 Motorola Central Control Irrigation Supplies & Services As requested by the Growth Management Division, the Collier County Board of County Commissioners Purchasing Department has issued this ITB for the sole intent and purpose of obtaining fair and competitive bid responses on the above referenced ITB. Please refer to the Public Notice included in this document for the time and date of the opening date and any applicable pre-ITB conference. Any and all questions regarding this ITB must be asked online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. All answers to questions will be posted on the noted website with electronic notification to all prospective bidders. We look forward to your participation in Collier County’s competitive procurement process. cc: Pam Lulich, Project Manager Note: All ITB responses submitted must include one (1) original labeled MASTER, along with one (1) exact duplicate copies, including all required forms. #15-6370 1 16.E.6.c Packet Pg. 957 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & Invitation to Bid Index PUBLIC NOTICE....................................................................................................................... 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ..................... 4 EXHIBIT II: GENERAL BID INSTRUCTIONS............................................................................ 6 EXHIBIT III: STANDARD PURCHASE ORDER TERMS AND CONDITIONS ..........................12 EXHIBIT IV: ADDITIONAL ITB TERMS AND CONDITIONS....................................................15 ATTACHMENT 1: VENDOR’S NON-RESPONSE STATEMENT .............................................22 ATTACHMENT 2: VENDOR’S CHECK LIST ...........................................................................23 ATTACHMENT 3: VENDOR SUBMITTAL – BID RESPONSE FORM......................................24 ATTACHMENT 4: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS..............26 ATTACHMENT 5: IMMIGRATION LAW AFFIDAVIT CERTIFICATION...................................27 ATTACHMENT 6: VENDOR SUBSTITUTE W – 9 ....................................................................28 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS .......................................29 EXHIBIT 1 – A: IRRIGATION SPECIFICATIONS.....................................................................31 #15-6370 2 16.E.6.c Packet Pg. 958 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & PUBLIC NOTICE Sealed bid responses for Solicitation 15-6370, Motorola Central Control Irrigation Supplies & Services will be received electronically or manually only at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 3:00PM Collier County local time on December 8, 2014. ITB responses received after the stated time and date will not be accepted. Solicitation 15-6370, Motorola Central Control Irrigation Supplies & Services Any and all questions regarding this ITB must be asked online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. All answers to questions will be posted on the noted website with electronic notification to all prospective bidders. All ITB responses must be made on the official ITB response form included as part of this ITB and only available for download from the Collier County Purchasing Department Online Bidding System website noted herein. Solicitation documents obtained from sources other than Collier County Purchasing may not be accurate or current. Collier County encourages bidders 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: /s/ Joanne Markiewicz Director, Procurement Services Publicly posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the lobby of the Purchasing Building on November 13, 2014. #15-6370 3 16.E.6.c Packet Pg. 959 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Growth Management Division (hereinafter, the “Division”), the Collier County Board of County Commissioners Purchasing Department (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 Purchasing Ordinance. Brief Description of Purchase Collier County is seeking bids from qualified firms that are full service, Certified Motorola dealerships in both sales and service of Central Control Irrigation Supplies and Services. It is the intent of the County to award to one vendor. Historically, County departments have spent approximately $66,500 annually. Detailed Scope of Work – See Exhibit 1-A – Scope of Services Award Criteria ITB award criteria is as follows: x All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. x Award shall be based upon the responses to all questions on the Bid Response Page(s). x Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids/projects. x 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. x The County’s Purchasing Department reserves the right to clarify a vendor’s proposal prior to the award of the solicitation. x It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s) in accordance with the following methodology: On Section 1 and 2 award will be made to the lowest most responsive bidder on a primary/secondary basis. x Collier County reserves the right to select one vendor. x The contract will be in the form of a Collier County standard contract. 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 year renewal options. #15-6370 4 16.E.6.c Packet Pg. 960 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & 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 November 13, 2014 Last Date for Receipt of Written Questions November 24, 2014 @ 3:00PM Addendum Issued November 26, 2014 @ 3:00PM Solicitation Deadline Date and Time December 8, 2014 @ 3:00PM Anticipated Evaluation of Submittals January 2015 Anticipated Board of County Commissioner’s Contract Approval January 2015 Vendor Required Documents Scope of Work: These specifications are intended to provide the information by which prospective bidders may understand the requirements of Collier County relative to furnishing and servicing Motorola Central Control Irrigation Supplies and Services. Collier County is seeking bids from qualified firms that are full service, Certified Motorola dealerships in both sales and service of Central Control Irrigation Supplies and Services. It is the intent of the County to award to one vendor. The County reserves the right to award this contract through an approach which best serves the interests of the County, i.e., to a single vendor or to multiple vendors, primary, secondary, etc.). 1. Provide documentation that the company is a certified Motorola dealership. 2.Provide Resume and Qualifications:Provide resume of the individuals who have completed formal Motorola training and certification program. Must demonstrate proficiency in programming and configuration of these hardware and software products specific to Motorola. Must display an interdisciplinary understanding of all Motorola supported communication methods and their interaction with the Motorola system. This individual will be skilled in Motorola ICC, STS, and Toolbox applications, as well as system maintenance, troubleshooting, and programming of the Irrinet, Scorpio, XM, XL,XR, Irrinet - ACE, and Irrinet M irrigation controller equipment. The MSE will effectively communicate system requirements or issues, and provide knowledgeable solutions for system optimization. 3.Motorola Certification:Bidders must include with bid package a list of all qualified staff and office location(s). Sub-contracting is limited to 49%. 4. Three (3) letters of references within the State of Florida are required at bid submittal. The letters of reference must address maintenance and repair qualifications. 5. Attachments: x Attachment 2: Vendor’s Check List x Attachment 3: Vendor Bid Response Form x Attachment 4: Local Vendor Preference x Attachment 5: Immigration Law Affidavit x Attachment 6: Vendor Substitute W-9 x Attachment 7: Insurance and Bonding Requirement #15-6370 5 16.E.6.c Packet Pg. 961 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & Exhibit II: General Bid Instructions 1.Purpose/Objective As requested by the Collier County departments or divisions identified in Exhibit 1-A, the Collier County Board of County Commissioners Purchasing Department (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. #15-6370 6 16.E.6.c Packet Pg. 962 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & 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 vendors who downloaded the ITB document. Additionally, all addendums are posted on the Collier County Purchasing Department 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 Purchasing Department Online Bidding System website:www.colliergov.net/bid. All paper bids shall be submitted to the County Procurement Director, Collier County Government, Purchasing Department, 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. All bids submitted manually must be an original and one exact duplicate copy and placed in a sealed envelope, and plainly marked as follows: x The due date and time of receipt of the bids by the County Procurement Director. x The number of the bid and the bid title. 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 Purchasing Department Internet bid site. #15-6370 7 16.E.6.c Packet Pg. 963 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & 9.Questions 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 Purchasing Department 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 Purchasing Department 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 purchasing 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 be 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 Collier County Board of County Commissioners has adopted a Local Preference policy to enhance the opportunities of local businesses to receive awards of Collier County contracts. 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 #15-6370 8 16.E.6.c Packet Pg. 964 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & 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) s hall 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 Purchasing Department 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 Purchasing Department shall invite the lowest local bidder to submit a m atching 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, from 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, a ward 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.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 Purchasing Department. 14.Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) #15-6370 9 16.E.6.c Packet Pg. 965 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & 15.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.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: x Commodity based procurement where no services are provided. x 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 Purchasing Department 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. 17.General Information #15-6370 10 16.E.6.c Packet Pg. 966 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & 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. 18.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 Purchasing Ordinance. Award recommendations will be posted outside the offices of the Purchasing Department as well as on the Collier County Purchasing Department 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. #15-6370 11 16.E.6.c Packet Pg. 967 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & 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 #15-6370 12 16.E.6.c Packet Pg. 968 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & 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 #15-6370 13 16.E.6.c Packet Pg. 969 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & 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. #15-6370 14 16.E.6.c Packet Pg. 970 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & Exhibit IV: Additional ITB Terms and Conditions 1.Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Ordinance. 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. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 49% or more of the solicitation amount for said work. 6. 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. 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. 6. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. 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. #15-6370 15 16.E.6.c Packet Pg. 971 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & 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. 7. 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. 8. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 9. 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. 10. 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. 11. 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 #15-6370 16 16.E.6.c Packet Pg. 972 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & 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. 12. 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. 13. Invoice and Payments Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include: x Purchase Order Number x 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: x Traditional – payment by check, wire transfer or other cash equivalent. x 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 be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that #15-6370 17 16.E.6.c Packet Pg. 973 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & 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 is subject to non- payment under the legal doctrine of “laches” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 14. Survivability Purchase Orders:The Consultant/Contractor/Vendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 15-6370, Motorola Central Control Irrigation Supplies & Services will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 15. 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 Attachment 3 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. #15-6370 18 16.E.6.c Packet Pg. 974 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Attachment 3, 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. 16. 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 #15-6370 19 16.E.6.c Packet Pg. 975 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & 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 Purchasing Department 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. 17. Security and Background Checks If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 18. 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 Purchasing Departments 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. 19. 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. 20. Direct Material Purchase 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. #15-6370 20 16.E.6.c Packet Pg. 976 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & 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: x Required quantities of material. x Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable x Pricing and availability of goods and/or materials provided under Vendor’s agreements with material suppliers 21. 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. 22. Equipment Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required, 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. 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. The County reserves the right to request and obtain documentation of the Vendor’s cost, and to withhold payments until documentation is provided. 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. All equipment must be new and of current manufacture in production at the time of bid opening, and carry 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. #15-6370 21 16.E.6.c Packet Pg. 977 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & Attachment 1: Vendor’s Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons 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 Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 3411. We are not responding to this ITB for the following reason(s): Solicitation # and Title: 15-6370, Motorola Central Control Irrigation Supplies & Services 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 __________________________________________________ #15-6370 22 16.E.6.c Packet Pg. 978 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & 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 licenses, 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 certification and the 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 Purchasing Department 3327 Tamiami Trail E Naples FL 34112 11. The mailing envelope must be sealed and marked with: x Solicitation: 15-6370, Motorola Central Control Irrigation Supplies & Services x Opening Date: December 8, 2014 @ 3:00PM 12. 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.) 13. 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 #15-6370 23 16.E.6.c Packet Pg. 979 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & Attachment 3: Vendor Submittal – Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE:Solicitation 15-6370, Motorola Central Control Irrigation Supplies & Services 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 contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: * * * 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 or manual. 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. #15-6370 24 16.E.6.c Packet Pg. 980 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of ______________, 20 , 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 __________________________________________________ #15-6370 25 16.E.6.c Packet Pg. 981 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & Attachment 4: Affidavit for Claiming Status as a Local Business Solicitation: 15-6370, Motorola Central Control Irrigation Supplies & Services (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business Collier County Lee County Vendor affirms that it is a local business as defined by the Purchasing Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in the Collier County Purchasing 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 Vendor must complete the following information: Year Business Established in Collier County or Lee County: ________ Number of Employees (Including Owner(s) or Corporate Officers):_________ Number of Employees Living in Collier County or Lee (Including Owner(s) or Corporate Officers):_________ If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor’s submission being deemed not applicable. Vendor Name: _________________________________________ Date: ________________________ Collier or Lee County Address: __________________________________________________________ Signature: ____________________________________________ Title: ________________________ STATE OF FLORIDA COLLIER COUNTY LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this __________ Day of ______________, 20_____. Notary Public_________________________________ My Commission Expires ____________________ (AFFIX OFFICIAL SEAL) #15-6370 26 16.E.6.c Packet Pg. 982 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & Attachment 5: Immigration Law Affidavit Certification Solicitation # and Title:15-6370, Motorola Central Control Irrigation Supplies & Services 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. #15-6370 27 16.E.6.c Packet Pg. 983 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & 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 Address ___________________________________ Remit / Payment Information Address ____________________________________________ City __________ State ________Zip ___________City _____________State _________Zip ______________ FAX ______________________________________ Email _____________________________________ FAX ______________________________________________ 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) Federal Tax Identification Number (TIN) _______________________________________________________________ (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form:Certification:Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature ____________________________________________________ Date _____________________________ Title ________________________________________________________ Phone Number _____________________ #15-6370 28 16.E.6.c Packet Pg. 984 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & Attachment 7: 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 $500,000 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 $__________ Per Occurrence Professional Liability $__________ per claim and in the aggregate x $1,000,000 per claim and in the aggregate x $2,000,000 per claim and in the aggregate x $2,000,000 each claim and in the aggregate Project Professional Liability $__________ Per Occurrence #15-6370 29 16.E.6.c Packet Pg. 985 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & Valuable Papers Insurance $__________ Per Occurrence 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 _________________ #15-6370 30 16.E.6.c Packet Pg. 986 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & Exhibit 1 – A: Irrigation Specifications Collier County is seeking bids from qualified firms that are full service, Certified Motorola dealerships in both sales and service of Central Control Irrigation Supplies and Services. It is the intent of the County to award to one vendor. The County reserves the right to award this contract through an approach which best serves the interests of the County, i.e., to a single vendor or to multiple vendors, primary, secondary, etc.). The Scope of Services includes, but is not limited to, the following. Packages/Parts/Services: 1. Full service Certified Motorola dealer (sales and services). 2. Qualified to perform full installation of Motorola products, components and wiring. 3. Qualified to troubleshoot controller to identify grounding, electrical, communication issues on-site. 4. Repair of controllers requires a three (3) day turnaround. 5. Qualified to program and repair Motorola radios; including antenna work. 6. Supply and install rental controllers where needed. 7. Possess working knowledge and qualified to support auxiliary equipment (for example: Hoover pumps, filters, bermad master meter and 2-wire decoder systems). 8. Possess knowledge of central control computer program. Able to program computer and monitor Motorola program. 9. All prices must include shipping and handling charges. 10. Bidders must include with bid package a list of all qualified staff and office location. Awarded vendor must be able to provide all services within a timely manner. Three (3) letters of references within the State of Florida are required at bid submittal.The letters of reference must address maintenance and repair qualifications as requested in items 1 through 8. 11. Note: If Pricing for Item Equivalents are submitted, specifications for equivalents are to be submitted at the time of bid. 12. Pricing shall be inclusive of all costs. Payment shall be full compensation for all services, labor, tools, equipment, travel and any other items required for project completion and/or completion of services. 13. Packaging receipts, field reports, and inspection reports are required at time of invoicing. 14. Substitution of equivalent priced items is allowed for Packages/Parts/Services. Service Level Agreement: Vendor will provide services to maintain the current Collier County Motorola Irrigation Control Center software and operation in optimum operating condition. ICC software may be maintained on Collier County IT computer server and network. The vendor will need to keep ICC up to date and configured properly to Collier County Irrigation requirements while conforming to Collier IT process and procedure requires.Remote (VPN or web session appointments per IT CMA’s) or onsite support of ICC system providing change management to potential equipment\software\configuration for #15-6370 31 16.E.6.c Packet Pg. 987 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & changes\additions\deletions, Collier Irrigation equipment inspections of hardware\equipment\software or inventory of county equipment as determined by Collier County Landscaping Department. Timely and current Motorola ICC updates to address new patches, field controller installations, etc. Provide Collier County Road Maintenance Department technical guidance in planning and implementing irrigation solutions. Provide change management methodology to record changes of equipment\hardware\software\configuration providing ongoing change management reports for historical and future planning. Provide Resume and Qualifications of Engineer: The Motorola Systems Engineer (MSE) is an individual who has completed formal Motorola training and certification program. An MSE will demonstrate proficiency in programming and configuration of these hardware and software products specific to Motorola. They will also display an interdisciplinary understanding of all Motorola supported communication methods and their interaction with the Motorola system. This individual will be skilled in Motorola ICC, STS, and Toolbox applications, as well as system maintenance, troubleshooting, and programming of the Irrinet, Scorpio, XM, XL,XR, Irrinet - ACE, and Irrinet M irrigation controller equipment. The MSE will effectively communicate system requirements or issues, and provide knowledgeable solutions for system optimization. Motorola Certification: Bidders must include with bid package a list of all qualified staff and office location(s). Sub-contracting is limited to 49%. Three (3) letters of references within the State of Florida are required at bid submittal. The letters of reference must address maintenance and repair qualifications as requested on page 5. Pricing Pricing shall be inclusive of all costs including freight (FOB: Collier County Growth Management Division, Road Maintenance Department, 2885 South Horseshoe Drive, Naples, FL 34104. Payment shall be full compensation for all services, labor, tools, equipment, travel and any other items required for project completion and/or completion of services. Reporting At any point, at a maximum six (6) times a year, the County may request detailed inventory reports. This service is included in your pricing. #15-6370 32 16.E.6.c Packet Pg. 988 Attachment: 15-6370_Motorola_Solicitation (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & 16.E.6.d Packet Pg. 989 Attachment: CO_4 (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & Services”) cn=adamnorthrup@colliergov.net '00'05- 15:46:51 2017.03.03 16.E.6.d Packet Pg. 990 Attachment: CO_4 (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & Services”) 16.E.6.d Packet Pg. 991 Attachment: CO_4 (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies & Services”) Record Status Status Description Last Sub Status description Vendor no.Vendor name Grp Ref. date Ref. number Amount Pur. order Due date 1 CompanyText Receipt Date Last prc date Last User 00381390 020 Resubmitted FT to FT-Pending BCC Agenda#0000123326 CONTEMPORARY CONTROLS & COMM INCTG1 1/31/2017 6647R $4,401.13 4500175288 2/28/2017 1000 REPLACE S2305 2/1/2017 3/1/2017 ROHDEAB 00381405 020 Resubmitted FT to FT-Pending BCC Agenda#0000123326 CONTEMPORARY CONTROLS & COMM INCTG1 1/31/2017 6648R $4,401.13 4500175288 2/28/2017 1000 REPLACE 12 IRRINET-XM 2/1/2017 3/2/2017 ROHDEAB 00386341 020 Resubmitted AP from FT-MIGO done 0000123326 CONTEMPORARY CONTROLS & COMM INCTG1 2/16/2017 6660 $3,475.50 4500175288 3/16/2017 1000 REPLACE S2604 2/21/2017 3/7/2017 HERRERAGT 00386342 020 Resubmitted AP from FT-MIGO done 0000123326 CONTEMPORARY CONTROLS & COMM INCTG1 2/16/2017 6661 $4,160.10 4500175288 3/16/2017 1000 REPLACE S2603 2/21/2017 3/7/2017 HERRERAGT 00386343 020 Resubmitted AP from FT-MIGO done 0000123326 CONTEMPORARY CONTROLS & COMM INCTG1 2/16/2017 6662 $6,268.64 4500175288 3/16/2017 1000 REPLACE 26 IRRINET-M 2/21/2017 3/7/2017 HERRERAGT 00387186 020 Resubmitted AP from FT-MIGO done 0000123326 CONTEMPORARY CONTROLS & COMM INCTG1 2/23/2017 6666 $4,271.22 4500175288 3/23/2017 1000 2/23/2017 3/7/2017 HERRERAGT 00387187 020 Resubmitted AP from FT-MIGO done 0000123326 CONTEMPORARY CONTROLS & COMM INCTG1 2/23/2017 6667 $4,271.22 4500175288 3/23/2017 1000 2/23/2017 3/7/2017 HERRERAGT 00387188 020 Resubmitted AP from FT-MIGO done 0000123326 CONTEMPORARY CONTROLS & COMM INCTG1 2/23/2017 6668 $3,586.62 4500175288 3/23/2017 1000 2/23/2017 3/7/2017 HERRERAGT 00387189 020 Resubmitted AP from FT-MIGO done 0000123326 CONTEMPORARY CONTROLS & COMM INCTG1 2/23/2017 6669 $6,304.75 4500175288 3/23/2017 1000 2/23/2017 3/7/2017 HERRERAGT 00388111 020 Resubmitted AP from FT-MIGO done 0000123326 CONTEMPORARY CONTROLS & COMM INCTG1 2/23/2017 6670R $5,620.15 4500175288 3/23/2017 1000 2/28/2017 3/7/2017 HERRERAGT 00388951 060 Sent for Approval / Action Approved 0000123326 CONTEMPORARY CONTROLS & COMM INCTG1 3/2/2017 6671RR $5,138.94 4500175288 3/30/2017 1000 SL4761 REPLACES S1703 3/2/2017 3/7/2017 SORIANOLJ 00387710 020 Resubmitted FT to FT-Pending BCC Agenda#0000123326 CONTEMPORARY CONTROLS & COMM INCTG1 2/24/2017 6673 $911.95 4500175288 3/24/2017 1000 EQUIPMENT REPAIR 2/27/2017 3/6/2017 ROHDEAB $52,811.35 15-6370 "Motorola Central Control Irrigation Supplies & Services" / PO #4500175288 / Vendor: Contemporary Controls & Commun ication, Inc. / Change Order #4 Payments Due: 16.E.6.e Packet Pg. 992 Attachment: 15-6370 Unpaid invoices CO4 (2841 : Change Order #4 to ITB No. 15-6370 “Motorola Central Control Irrigation Supplies &