Loading...
Agenda 04/11/2017 Item #16A 604/11/2017 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid No. 16-7038R “Aquatic Vegetation Control Services” to Mettauer Environmental, Inc. as the primary vendor, and A+ Environmental, LLC., as the secondary vendor. OBJECTIVE: To provide countywide agreements for controlling emergent, submerged, and floating aquatic vegetation in road or drainage right-of-ways or easements on an “as-needed” basis. CONSIDERATIONS: On October 5, 2016, the County advertised Invitation to Bid (ITB) No. 16 -7038 for the “Aquatic Vegetation Control Services” on the Collier County Online Bidding System. The system sent notices to one hundred and ninety-eight (198) vendors, of which thirty-seven (37) vendors downloaded the bid documents, and two (2) vendors submitted bids by the deadline. During staff review and analysis of the bids submitted, the bid tabulations showed significant discrepancies in the rates per acre. One bid rate was very low ($100 per acre) and the other was extremely high ($6,500 per acre). We met with t he lowest bidder to discuss the work that would be requested utilizing that rate, and the bidder decided to withdraw its bid. Staff recommended that the sole remaining response be rejected due to lack of competition and a very high bid rate ($6,500 per acre), which would cause the primary using Division to exceed its annual budget before adequately completing required maintenance activities. It was in the best interest of the County to re-solicit with revised bid specifications. At the Board of County Commissioners (Board) meeting on December 13, 2016, the Board approved Agenda Item 16A39 to reject the bid and re-solicit. On January 10, 2017, the County renumbered the ITB as 16-7038R, and re-advertised the solicitation on the Online Bidding System. Notices were sent to four hundred thirty-six (436) vendors, of which forty- eight (48) vendors downloaded the bid documents. On January 18, 2017, staff held a non-mandatory pre- bid conference to review the ITB specifications and requirements; three vendors attended. Thereafter, four (4) vendors submitted bids by the deadline. During staff’s evaluations of the bid documents, it was determined that A+ Environmental Restoration, LLC, a qualified and responsive non-local business, submitted the lowest overall price bid, and Mettauer Environmental, Inc., a qualified and responsive local business, was within ten percent (10%) of the price submitted by the non-local business. In accordance with Section 15, Procedure to Provide Preference to Local Businesses in County Contracts; subsection (a), Competitive bid (local price match option), the Procurement Services Division provided the local vendor an opportunity to submit a matching offer of the non-local business’ prices, less one dollar. Subsequently, the local business provided a matching offer, less one dollar, within five (5) business days. Consistent with the solicitation’s award criteria, Staff is recommending Mettauer Environmental, Inc., as the primary vendor. Mattauer is the local business that provided a match offer (less one (1) dollar), and meets the requirements of F.S 287.087 (preferences to businesses with drug-free workplace programs); and A+ Environmental Restoration, LLC., as the secondary vendor. All work shall be assigned to the primary vendor, and if the primary vendor declines to perform the work or is unable to perform the work in the required time period, the work will be assigned to the secondary vendor. Bidder Overall bid amount Recommended Award Mettauer Environmental, Inc. $156.00 per hour Primary A+ Environmental Restoration, LLC $157.00 per hour Secondary 16.A.6 Packet Pg. 333 04/11/2017 FISCAL IMPACT: The Road Maintenance Division has funding budgeted for these goods and services. Other divisions requiring these services for projects shall do so with funding from t heir individual budgets. The annual historical expenditure for these goods and services is approximately $250,000 annually through various operating divisions, but may vary based on demand and budget availability. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.-SRT RECOMMENDATION: To award ITB No. 16-7038R “Aquatic Vegetation Control Services” to Mettauer Environmental, Inc., as the primary vendor, and A+ Environmental, LLC as the secondary vendor; and authorize the Chair to sign the attached 16-7038R Agreements. Prepared by: Melissa Pearson, Contract Administration Specialist, Road Maintenance Division ATTACHMENT(S) 1. Agreement - Mettauer Environmental Inc (PDF) 2. Agreement - A+ Environmental Restoration LLC (PDF) 3. 16-7038R spec - ITB 16-7038R (PDF) 4. 16-7038R Bid Tabulation (PDF) 5. NORA_16.7038R_AVCS (PDF) 6. A+ Environmental_Contract_VS (PDF) 7. Mettauer_Contract_VS (PDF) 8. Files attached (TXT) 16.A.6 Packet Pg. 334 04/11/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.6 Doc ID: 2892 Item Summary: Recommendation to award Invitation to Bid No. 16-7038R “Aquatic Vegetation Control Services” to Mettauer Environmental, Inc. as the primary vendor, and A+ Environmental, LLC as the secondary vendor. Meeting Date: 04/11/2017 Prepared by: Title: Contract Administration Specialist – Road Maintenance Name: Melissa Pearson 03/13/2017 2:56 PM Submitted by: Title: Division Director - Road Maintenance – Road Maintenance Name: Travis Gossard 03/13/2017 2:56 PM Approved By: Review: Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 03/13/2017 2:59 PM Road Maintenance Travis Gossard Additional Reviewer Completed 03/13/2017 3:03 PM Road Maintenance Jonathan Vortherms Additional Reviewer Completed 03/13/2017 3:14 PM Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 03/14/2017 10:43 AM Growth Management Operations Support Allison Kearns Additional Reviewer Completed 03/15/2017 10:30 AM Procurement Services Kristofer Lopez Additional Reviewer Completed 03/15/2017 2:48 PM Capital Project Planning, Impact Fees, and Program Management Gloria Herrera Additional Reviewer Completed 03/16/2017 9:10 AM Procurement Services Ted Coyman Additional Reviewer Completed 03/17/2017 1:26 PM Growth Management Department Gene Shue Additional Reviewer Completed 03/21/2017 3:57 PM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 03/22/2017 3:50 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 03/27/2017 3:37 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/28/2017 1:44 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/29/2017 8:29 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 03/30/2017 9:01 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/03/2017 7:06 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/11/2017 9:00 AM 16.A.6 Packet Pg. 335 16.A.6.a Packet Pg. 336 Attachment: Agreement - Mettauer Environmental Inc (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.a Packet Pg. 337 Attachment: Agreement - Mettauer Environmental Inc (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.a Packet Pg. 338 Attachment: Agreement - Mettauer Environmental Inc (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.a Packet Pg. 339 Attachment: Agreement - Mettauer Environmental Inc (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.a Packet Pg. 340 Attachment: Agreement - Mettauer Environmental Inc (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.a Packet Pg. 341 Attachment: Agreement - Mettauer Environmental Inc (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.a Packet Pg. 342 Attachment: Agreement - Mettauer Environmental Inc (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.a Packet Pg. 343 Attachment: Agreement - Mettauer Environmental Inc (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.a Packet Pg. 344 Attachment: Agreement - Mettauer Environmental Inc (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.a Packet Pg. 345 Attachment: Agreement - Mettauer Environmental Inc (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.a Packet Pg. 346 Attachment: Agreement - Mettauer Environmental Inc (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.a Packet Pg. 347 Attachment: Agreement - Mettauer Environmental Inc (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.a Packet Pg. 348 Attachment: Agreement - Mettauer Environmental Inc (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.a Packet Pg. 349 Attachment: Agreement - Mettauer Environmental Inc (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.a Packet Pg. 350 Attachment: Agreement - Mettauer Environmental Inc (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.a Packet Pg. 351 Attachment: Agreement - Mettauer Environmental Inc (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.a Packet Pg. 352 Attachment: Agreement - Mettauer Environmental Inc (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.a Packet Pg. 353 Attachment: Agreement - Mettauer Environmental Inc (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.a Packet Pg. 354 Attachment: Agreement - Mettauer Environmental Inc (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.b Packet Pg. 355 Attachment: Agreement - A+ Environmental Restoration LLC (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.b Packet Pg. 356 Attachment: Agreement - A+ Environmental Restoration LLC (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.b Packet Pg. 357 Attachment: Agreement - A+ Environmental Restoration LLC (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.b Packet Pg. 358 Attachment: Agreement - A+ Environmental Restoration LLC (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.b Packet Pg. 359 Attachment: Agreement - A+ Environmental Restoration LLC (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.b Packet Pg. 360 Attachment: Agreement - A+ Environmental Restoration LLC (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.b Packet Pg. 361 Attachment: Agreement - A+ Environmental Restoration LLC (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.b Packet Pg. 362 Attachment: Agreement - A+ Environmental Restoration LLC (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.b Packet Pg. 363 Attachment: Agreement - A+ Environmental Restoration LLC (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.b Packet Pg. 364 Attachment: Agreement - A+ Environmental Restoration LLC (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.b Packet Pg. 365 Attachment: Agreement - A+ Environmental Restoration LLC (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.b Packet Pg. 366 Attachment: Agreement - A+ Environmental Restoration LLC (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.b Packet Pg. 367 Attachment: Agreement - A+ Environmental Restoration LLC (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.b Packet Pg. 368 Attachment: Agreement - A+ Environmental Restoration LLC (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.b Packet Pg. 369 Attachment: Agreement - A+ Environmental Restoration LLC (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.b Packet Pg. 370 Attachment: Agreement - A+ Environmental Restoration LLC (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.b Packet Pg. 371 Attachment: Agreement - A+ Environmental Restoration LLC (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.b Packet Pg. 372 Attachment: Agreement - A+ Environmental Restoration LLC (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.b Packet Pg. 373 Attachment: Agreement - A+ Environmental Restoration LLC (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 1 INVITATION TO BID Date: January 10, 2017 From: Kristofer Lopez, Procurement Strategist (239) 252-8944 (Telephone) (239) 252-6756 (FAX) kristoferlopez@colliergov.net (Email) To: Prospective Vendors Subject: Solicitation: 16-7038R Aquatic Vegetation Control Services As requested by the Collier County Growth Management Department, the Collier County Board of County Commissioners Procurement Services Division has issued this ITB for the purpose of obtaining fair and competitive responses . Please refer to the Public Notice included in this document for the opening date and time and any applicable pre-ITB conference. All questions regarding this ITB must be submitted online on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. We look forward to your participation in Collier County’s competit ive procurement process. cc: Melissa Pearson, Contract Administration Specialist 16.A.6.c Packet Pg. 374 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 2 Invitation to Bid Index Public Notice .............................................................................................................................. 3 Exhibit I: Scope of Work, Specifications and Response Format ............................................... 4 Exhibit II: General Bid Instructions ...........................................................................................14 Exhibit III: Standard Purchase Order Terms and Conditions ....................................................20 Exhibit IV: Additional ITB Terms and Conditions ......................................................................23 Attachment 1: Vendor Submittal - Vendor’s Non-Response Statement ....................................31 Attachment 2: Vendor’s Check List ..........................................................................................32 Attachment 3: Vendor Submittal - Bid Response Form ............................................................33 Attachment 4: Vendor Submittal – Local Vendor Preference Affidavit .......................................35 Attachment 5: Vendor Submittal – Immigration Affidavit ............................................................36 Attachment 6: Vendor Substitute W – 9 .....................................................................................37 Attachment 7: Vendor Submittal - Insurance and Bonding Requirements ................................38 16.A.6.c Packet Pg. 375 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 3 Public Notice Sealed bid responses for Solicitation 16-7038R Aquatic Vegetation Control Services, will be received electronically on www.colliergov.net/bid until 3:00 p.m., Collier County local time on February 10, 2017. Solicitation responses received after the stated time and date will not be accepted. Solicitation 16-7038R Aquatic Vegetation Control Services A non-mandatory pre-bid conference will be held on January 18, 2017, commencing promptly at 11:00 AM and held at Collier County Government, Procurement Services Division, Conference Room A, 3327 Tamiami Trail E, Naples, FL 34112. All questions regarding this ITB must be submitted online on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response forms included and only available for download from the Collier County Procurement Services Division Online Bidding System website noted herein. ITB Documents obtained from sources other than Collier County Procurement Services Division may not be accurate or current. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Ted Coyman Director, Procurement Services Division Publicly posted on the Collier County Procurement Services Division website: www.colliergov.net/purchasing and in the lobby of the Procurement Services Division Building on January 6, 2017. 16.A.6.c Packet Pg. 376 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 4 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Growth Management Department (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Invitation to Bid (hereinafter, “ITB”) with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of t he Scope of Work and specifications stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance, as amended. Brief Description of Purchase The purpose of this solicitation is to award a Contract for Aquatic Vegetation Control Services for ground applications in treating emergent, submerged, and floating aquatic vegetation in a satisfactory manner on an “as needed” basis. Historically, County Departments have spent approximately $250,000 for aquatic vegetation control services annually. This amount has been provided for reference only and no minimum amount is guaranteed or implied; future expenditures will be based on available County Department budgetary funding. Scope of Work The Division shall provide the Contractor with the areas for treatment. Specifications These specifications describe the various aquatic vegetation control methods that may be requested throughout the term of the Contract f or various locations throughout Collier County on an “as-needed” basis. Contractor services shall be all inclusive of but not limited to: herbicide transporting and mixing; all labor; equipment necessary to treat submersed, emerged, and floating vegetation; administrative fees; traveling and lodging fees; Maintenance of Traffic (MOT); fuel; meters and test equipment. Service requests may be in the following areas but not limited to: ponds, canals, ditches, lakes, retention ponds, drainage fields, fence lines, guardrails, shorelines, slopes, embankments, and may also occur around structure, culverts, and riprap. Species typically controlled are but not limited to:  Emergent plants: Arrowheads, Cattails, Maidencrane, Primrose and Torpedo Grass.  Submergent plants: Pondweed (a.k.a Peppergrass), Coontail and Hydrilla.  Floating plants: Alligatorweed, Duckweed, Pennywort (a.k.a Dollarweed), Tropical Watergrass, Waterhyacinth and Waterlettuce.  Woody plants: Australian Pine, Brazilian Pepper, Carolina Willow, Melaleuca, Tropical Soda Apple, and Old World Climbing Fern. Herbicides that are currently being used in controlling invasive species are, but not limited to: Aquathol K, Brace, Clipper, Kammo, Milestone, Polaris, Rodeo, Renovate 3, Reward, Sonar, and Weedr 64. 16.A.6.c Packet Pg. 377 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 5 Contractor’s Responsibility: 1. Contractor’s License Requirements Licensed Applicator/Supervisors must have Chapter 487 F.S. valid commercial applicator license issued by Florida Department of Agriculture, Consumer Services (FDACS) and regulated by the Bureau of Compliance Monitoring in the category for aquatic vegetation control and restricted use products. The certified individual shall be an employee of the Contractor. Contractor shall submit the licensing prior to contract award and be responsible for maintaining valid licenses throughout the contract term. 1.1 Minimum Qualifications Prior to contract award, any Bidder may be required to supply proof that they have adequate facilities, equipment, and ability to perform the work as specified in a satisfactory manner. The company must have experience in similar nature and be able to provide references for the County to contact and verify. 2. Contractor’s Employees Contractor’s employees shall be fully trained, licensed and certified, insured, able to verbally communicate, provide adequate supervision, and be able to work in remote and isolated areas under harsh and humid environmental conditions. All employees must be capable of safely operating all equipment and vehicles. 2.1 A minimum of two (2) Licensed Applicator/Supervisors which have experience in field identification of commonly treated nuisance and invasive plant species and the application of herbicides and the conditions that impact each herbicide’s effectiveness. They must provide training before applications, be available immediately for verbal communication, physically arrive on-site for application, and shall be responsible for all application services performed under their license. The treatment approach shall be systematic and they must possess competent knowledge of application equipment and techniques, herbicide mixing, plant species identification, familiar with laws associated to pesticide application in the aquatic category and restricted use products. 2.2 A minimum of two (2) Crew Leaders/Applicators shall have comparable skills and abilities as the Licensed Applicator/Supervisor and shall be certified for applying pesticides. Applicators are not required to hold a current FDACS license but they must be knowledgeable in the use of herbicides used by the County and the conditions that impact each herbicide’s effectiveness. They are required to identify commonly treated nuisance and invasive plant species in the field, provide direction and supervise laborers in herbicide applications, transport laborers to work site locations, independently operate a vehicle with spray equipment, possess knowledgeable of equipment use, herbicides, and herbicidal application techniques, and possess the experience in safely operating all equipment and vehicles used. 2.3 Laborers that will provide general labor services under direct supervision and guidance of the Licensed Applicator/Supervisor or Crew Leader/Applicator for services such as cutting and treating vegetation. They must be able to communicate in English and comply with ongoing instructions. 3. Herbicides and Adjuvants Application Requirements Divisions shall supply the chemicals. All herbicide applications shall be carried out in a manner consistent with Environmental Protection Agency (EPA) and shall comply with all pertinent regulations set forth by Florida Department of Agriculture and Consumer Services (FDACS). Crews will have access to all appropriate labels and Safety Data sheets (SDS) while transporting, mixing, or applying herbicides. Contractor shall be liable for any penalty, fines, or damages resulting from the misuse of herbicides. The Division will report to FDACS Bureau of Licensing and Enforcement of any misuse of chemicals and request an investigation. 16.A.6.c Packet Pg. 378 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 6 3.1 Chemicals shall be purchased and distributed by the Division. It will require the Contractor to pick up at the designated facility and sign for them. The pickup times shall be within the time parameters established by the Division. Any unused chemicals must be returned by the Contractor upon work completion and accounted for by the designated warehouse facility staff. There will be no cost to the County for the Contractor’s traveling time to the designated facility to pickup or drop off chemicals. Note: Road Maintenance Division chemical distribution, the chemicals will be distributed in accordance with their Standard Operating Procedure (SOP) for “Receipt and Issuance of Consumable Materials.” 3.2 Contractor shall transport chemicals to the application site. The chemicals must be safely stored and securely locked on the transport vehicle during work and whenever the Contractor’s staff is not present. 3.3 Safety Data Sheets (SDSs) for stored chemicals shall be on Contractor’s transport and spray vehicles at all times. 3.4 Contractor shall mix and apply herbicides on-site and in compliance with the label(s). 3.5 Contractor shall record and monitor wind speeds and wind direction during chemical mixing and/or the application. They shall follow the most restrictive wind law or policy when there are conflicting thresholds between laws/policies; Florida Organo-Auxin Herbicide Rule 5 E-2.033 (http://edis.ifas.ufl.edu/wg051). 3.6 Herbicide application shall not occur when wind speeds are greater than 10.0 miles per hour (mph) without the Division Representative’s approval. Every precaution by the Contractor shall be taken to mitigate herbicide drift. 3.7 Contractor shall monitor dissolved oxygen (DO) when required by label, and follow all label instructions related to DO. The Contractor shall not apply herbicides if DO is below three parts per million (3 PPM), unless approved by the Division or authorized by the herbicide label. 3.8 Contractor shall post chemical signage when required by label or required by a Division. 4. Equipment Contractor shall furnish all equipment to satisfactorily accomplish treatment of areas. The equipment shall vary depending upon site conditions and the application method to target plant species and plant abundance. 4.1 Recommended contractor’s equipment based on prior contracts to perform the work: an airboat that is in fully operational condition equipped with including spray delivery systems, spare parts, fuel lubricants, and other supplies that is low profile to spray under bridges; ATVs; A boom with weighted trailing hoses, minimum 300’ (feet) per hose; flat bottom boat equipped with spray equipment; single operator spray truck equipped with spray equipment; back pack spray equipment for foliar treatments; transport trucks with spraying equipment attached equipped with tanks and pumps for the ability to pull water from canals; machetes or blades; and hoses equipped with nozzles used with spray equipment attached to equipment. Note: Any watercraft used for aquatic vegetation control or bank vegetation management shall include injection system for submerged vegetation treatments. 16.A.6.c Packet Pg. 379 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 7 4.2 Contractor’s chemical spray equipment that requires calibration must comply with all laws and manufacturer’s instructions that the equipment is properly calibrated to the manufacturer’s specifications. 4.3 Contractor may request to store their equipment at a Division facility; however, it shall be at each Division’s discretion if they are authorized storage space. 4.4 Spray boat applications generally involve one applicator; however, two or more applicators may be required in special circumstances such as long hose applications in access areas that are hard to reach. 4.5 Application treatment techniques may include low volume backpack foliar broadcast or “spot” treatments, cut stump treatments, frill or girdle (hack-and-squirt), basal, and poodle cutting; spray bottles; long hoses with nozzles; and/or vegetation cut with machetes or chainsaws prior to the application. 5. Applications Contractor is responsible for initiating, maintaining, and supervising crews and providing all safety precautions and training on hazardous chemicals. 5.1 Division will issue a work order/notice for work to commence to include a work order number, commencement and completion dates, PO number, contract number, application site, acres to be treated, plant species, and chemicals. Contractor shall complete work in the time parameters as outlined on the work order/notice. 5.2 Contractor shall maintain aquatic vegetation at the lowest possible level at the work order locations, to provide access, prevent accumulation at structures, and maintain integrity of area. 5.3 When treating, trees and debris must be prevented from falling into canals and adjacent private properties. If this happens, all work must stop until the tree or debris is immediately removed from the adjacent property or canals or any other area. Trees shall not be treated and left standing if there is a chance that it could fall into a water body or adjacent property at a later date. 5.4 Contractor shall exercise caution in the vicinity of utilities. The Contractor shall be solely responsible for any damage done to any utility as a result of their work. 5.5 Applications shall be performed to protect non-target organisms, crops, the environment, and the public. Any damages caused by the Contractor during applications (i.e. spraying non -targeted species, private property damage, and so on.) shall be the sole responsibility and expense of the Contractor to cure the damage to the satisfaction of the County. 5.6 Contractor shall ensure employee’s wear the appropriate safety equipment during the spraying operations (i.e. clothing; masks; ANSI approved, high visibility, reflective vests). 5.7 Applications shall include: Floating aquatic plants that are rooted into the soil, but are free-floating and being moved around by wind and water currents (i.e. water hyacinth and water lettuce); Submersed aquatic vegetation is rooted into the soil of water bodies and grows toward the surface of the water and sometimes extending a short distance out-of-the water (i.e. hydrilla, hygrophilla, and pondweed). Emergent aquatic weeds are rooted in the soil with their leaves extending above the surface of the water (i.e. cattail, spatterdock, and aquatic grasses); Ditch bank / Shore line vegetation generally is terrestrial in habit although species extend their rhizomes into the water body. Ditch Bank refers to the portion from the water’s edge to top of bank (i.e. grasses, Brazilian Pepper, and 16.A.6.c Packet Pg. 380 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 8 phragmities); Fence line vegetation is a subset of terrestrial vegetation and includes any plants growing near fences, guardrails, and gates; Other terrestrial to be treated are Melaleuca, Austrialian Pine, Shoebutton Ardisia, Lead Tree, and Lygodium. 6. Applications Methods The types of application methods that may be used are Foliar: herbicide is diluted in water and applied to leaves using backpack, spray tanks, direct metering, and computer assisted sprayers. Application may be directed to achieve selectivity or broadcast; Submersed: using both liquid and granular formulations, with drop hoses, centrifugal spreaders and blowers; 7. Contractor Documentation Contractor is required to keep written records for each work order using the “Pesticide Application Record” (Exhibit A). Contractor shall submit record to the Division upon completion of the work order area and with invoice submission, or at any time earlier if requested by Division. The following information must be recorded:  Date of Application with Start and Stop times  Commercial Applicator Licensed Person’s Name  Licensed Applicator/Supervisor or Crew Leader/Applicator who applied the pesticides  Total Number of Employees used for Application  Application Site Address or Location Name  Total Acres Treated  If re-treatment, how may previous visits  Pesticide, Adjuvant, and Water amount per acre used for each work order  Wind speed (MPH) and wind direction during application  Dissolved Oxygen (DO) levels at treatment  Treatment Method Used  Plant species treated 8. Re-treatments Division may require Contractor to re-treat an area, at no cost to the County, for Contractor’s work performance that is rated as unsatisfactory. Division may require the re-treatment to be completed prior to starting a new work order. Re-treatments will be inspected for contract compliance. 9. Maintenance of Traffic (MOT) MOT shall be all inclusive in the unit price. It is required for the safety and protection of Contractor’s employees and motorists during the performance of services in the County Right-of-Way (ROW) roadways and medians. It shall be the Contractor’s sole responsibility for safety in the work zone. MOT shall conform to the latest edition of the FDOT, Design Standards, 600 series and The Manual on Uniform Traffic Control Devices (MUTCD), Section VI. A copy of the County’s MOT policy can be obtained from Risk Management or Procurement Services Divisions. Contractor must have a current FDOT approved MOT Intermediate Level Certification for FDOT, Design Standards, 600 series. Contractor’s that do not possess the certification are authorized to subcontract MOT. MOT line item is listed on alternative bid schedule has a unit of measure of lump sum which is inclusive of MOT devices used for adequate traffic control and depending on the roadway and project it may include: signage, arrow boards, message boards, warning devices, barriers, and flagmen. 16.A.6.c Packet Pg. 381 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 9 10. Safety Contractor shall use herbicides in accordance with labels and comply with all other applicable State and Federal Laws. During the course of work in the application of herbicides in controlling pests, the Contractor shall not treat hazardous trees that could later fall on structures, private property, utilities, fences, or into canals or rights of way, damage or interrupt a utility, or damage any structure or property. 10.1 Contractor is responsible for all training and supplying staff with items needed to maintain a safe worksite as required by State and Federal regulations. This includes, but is not limited to, training for safe equipment operation, first aid and supplies, personal protective equipment (PPE), and identification of dangerous plants and animals. The County or Divisions are not responsible for Contactor safety on or off the job. The Contractor shall comply with County safety standards. 10.2 Contractor shall be responsible for all spills, including but not limited to herbicides and petroleum products, and the reporting of those spills. 10.3 Contractor is liable for a damages and site remediation regardless of which party supplied the spilled material. They shall report all herbicide misuse, herbicide or petroleum product spills, accidents, and injuries to the Division Representative or designee immediately at occurrence and the Florida Department of Environmental Protection (FDEP). 11. Non-Target Vegetation Contractor is responsible for protecting non-targeted species including those species with a similar appearance to the targeted species. Contractor shall be responsible for replacement of non-targeted species damaged by work activities including those damaged due to herbicides or unapproved vehicle use. Non-targeted plants include, but are not limited to, desirable natural area and aquatic plants, crops and sod. Division Responsibility: 1. Treatment Frequency Division Representative shall monitor the invasive aquatic vegetation and depending upon site conditions, they will determine the frequency of treatments and issuance of work. Treatments shall be done in cycles; however, those cycles may change due to conditions. 2. Internal Work Order/Notice Division will issue internal work order requests as site conditions warrant, on an “as-needed” basis, for the Contractor to commence work. Once the work has been issued, Contractor is responsible for planning, management of staff, execution of work and all quality assurance, quality control activities, data collection and data entry. Note: No work shall commence if a work order request and PO have not been issued. 2.1 Division will instruct the Contractor on the areas and plants to be controlled and provide the Contractor with directions, maps, and any other information the Contractor requires treating the site. 2.2 Division will assist Contractor to locate launch sites for the Contractor’s equipment to be as close as possible to the work site. 2.3 Division will coordinate so work site areas are in close proximity to each other. 2.4 Division Representative shall email the Contractor’s Project Manager the work order/notice that will provide commencement and completion dates, chemicals to be used, the area(s) to be treated with the site location(s). 16.A.6.c Packet Pg. 382 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 10 3. Field Inspections Division Inspector or Project Manager will be assigned to each work/notice request to monitor the progress and inspect the work. Following treatments, Contractor must notify Division in writing of all areas that were treated per the request for final inspection. Division will inspect the work ensuring the nuisance and invasive plants were treated and are dying, if the inspection reveals those plants are still flourishing post treatment, then the Contractor will be required to re-treat that area at no cost to the County. General Requirements: 1. Bid Schedule The County will supply the herbicides and adjuvants that will be used in the performance of the contract. Divisions shall provide work requests for Herbicide Applications for Ground Services based on hourly rates to the Contractor on an “as needed” basis. The pricing shall be all inclusive to include, but not limited to: labor hours, administrative duties, documentation, equipment, traveling, lodging, fuel, materials, and all other components to perform the work. Alternate services are being requested for Herbicide Applications for Ground Services with Maintenance of Traffic (MOT) and shall have all inclusive pricing to include, but not limited to: labor hours, administrative duties, documentation, equipment, traveling, lodging, fuel, materials, all other components to perform the work, and costs for Maintenance of Traffic (MOT) for work that is requested in the Right-of-Way (ROW) roadways and medians.  Herbicide Applications for Ground Services, Hourly Rates. Divisions may request this category for work request based on hourly labor rates as required for the following: licensed applicator/supervisor rate, crew leader/applicator labor rate, and laborer labor rate. Alternative Service  Herbicide Applications for Ground Services with Maintenance of Traffic (MOT), Hourly Rates Services per Labor Hourly Rate with Maintenance of Traffic (MOT): Divisions may request this category for work request based on hourly labor rates with MOT for work that shall be performed in the Right-of-Way (ROW). The awarded Bidder shall provide the services upon request. These services are not included in the award and they will be requested as needed. 2. Work Order System (Not applicable to all Divisions) Some Divisions may require the Contractor to use the County’s Work Management procedures, such as utilizing work order system at no additional cost to the County or Contractor. Contractor will be responsible for utilizing any systems used by the County for work orders under this Agreement, when applicable. 3. Key Personnel The Contractor shall provide the Division with the assigned Project Manager’s contact information for the on-site Supervisor and/or Crew Leader to include cell phone number(s) and email addresses following contract execution. Those employees shall be able to effectively communicate with the Division staff and the crews. The work issued must have the attention necessary to ensure the schedule progress remains constant. In the event the Contractor’s key personnel will be absent, Contractor shall immediately notify the substitution personnel and provide the names and contact information in writing via email to the Division. 16.A.6.c Packet Pg. 383 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 11 4. Meetings Meetings throughout the contract term may be requested by the either party and they will require mandatory attendance at no additional cost to the County. 5. Communication Communication and cooperation is required by both Contractor and Division. Contractor agrees that they will provide on-site and off-site communication to effectively communicate. Contractor’s crews shall be equipped with a cellular phone. 6. Work Delays Inclement weather, Acts of Force Majeure, or unforeseen circumstances beyond the Contractor’s control may occur causing a delay in the completion of work within the established time parameters. If there is a delay, it shall be the Contractor’s responsibility to contact the Division immediately and follow up in writing the reason of the delay as it occurs. Requests for time extensions must be submitted prior to the completion date and in writing within twenty-four (24) hours of the delay. Division Representative will review the request and at their discretion they may revise the established dates to allow for a time extension. 7. Safety Data Sheets (SDSs) (formerly known as Material Safety Data Sheets or MSDSs) Division that request the Contractor to supply chemicals, the Contractor must furnish the SDSs for all herbicides or chemicals that will be used to the Division Representative or designee which is a requirement of the Hazard Communication Standard (HCS) for chemical manufacturers, distributors, or importers to provide communication of hazardous chemical products documentation for all products and chemicals utilized in the performance of the contract. 8. Inspections and Acceptance Division shall conduct inspections of the completed services provided in response to any resulting purchase order or notice. Any deficiencies noted during an inspection shall be corrected before final acceptance and corrected within twenty-four 24 hours after receipt of notification, at the Contractor’s expense. If the Contractor(s) fails to correct the defects within this time frame, the County shall be entitled to have the work remedied, charge a deduction / fine, and Contractor(s) shall be fully liable for all costs and expenses reasonably incurred by the County. Invoices shall be rejected for work that is incomplete; partial work completed within a work site area shall be considered incomplete. 9. Records and Documentation The Contractor(s) is responsible to maintain and update records required by law for pesticide applications for aquatics and restricted use products (RUPs). Division’s required docu mentation for invoicing and weekly/monthly services shall be completed by the Contractor and submitted per the bid specifications. 10. Property Damages Contractor shall take every precaution to avoid damages and the following shall apply: 10.1 Any damages by the Contractor’s crews shall be repaired or replaced at the sole expense of the Contractor within ten (10) calendar days from damage. 10.2 It shall be at the discretion of the Division to withhold estimated damage repair / replacement costs from an invoice until said repairs are completed and accepted. 10.3 Contractor’s crews shall inform the Division of existing damages. Any damages found, that were not caused by the Contractor’s crew, shall have written documentation and may include photographs and/or video footage. Division must be informed immediately and followed by an email. 16.A.6.c Packet Pg. 384 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 12 10.4 Contractor must notify the Division within one (1) hour when the Contractor’s equipment has been involved in an accident at the project work site. 11. Non-Performance Deductions (Any deduction may be assessed after one (1) written warning). It is the County’s intent to have all tasks performed satisfactorily and completed in accordance with the specifications and/or order commencement and completion dates. If any tasks are omitted or not performed fully completed and satisfactorily at the frequency designated by the contract, the entire affected area as defined solely by the Division may have a deduction applied per occurrence, per day. At the discretion of the County, a penalty may apply when Contractor informs the Division Representative that they are unable to complete assigned services. The County may apply deductions for unsatisfactory services performed that did not conform to the bid specifications or failing to complete the services outlined in the order request. The deduction may be one hundred dollars ($100) per occurrence, per day. If the Contractor informs the Division that they are unable to complete the services, the County may choose to utilize County labor or the next awarded Contractor to complete the services. The Contractor’s penalty shall be reimbursement of those costs to the County in order for services to be completed. Contractor’s cost reimbursement for County staff to perform the work shall be the actual costs for all labor, materials, fuel, and equipment and if the County utilizes the next awarded Contractor, the costs shall be that Contractor’s contract price for the same category the services were not completed. The County shall select the option that has the least costs to complete the services. 12. Clean Up Contractor(s) is responsible for removing all debris from the site, cleaning paved surfaces and affected areas, and keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon request by the Division. There will be no cost to the County for clean-up or debris removal costs. Award Criteria ITB award criteria is as follows:  All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions.  Award shall be based upon the responses to all questions on the Bid Response Page(s).  Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids/projects.  Prices will be read in public exactly as input on the electronic bid response form or written on the manually submitted Bid Response Page(s) at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper response.  The County’s Procurement Services Division reserves the right to clarify a vendor’s proposal prior to the award of the solicitation.  It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s).  For the purposes of determining the bidder with the lowest price the following methodology will be used:  Collier County reserves the right to select one, or more than one contractor; however, it is the intent to select a Primary and Secondary that are responsive and responsible bidders with the lowest grand total for Herbicide Applications for Ground Services, item 4, line 8, on the bid schedule. 16.A.6.c Packet Pg. 385 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 13  All work will be assigned to the Primary, and if the Primary declines to perform the work, or is unable to perform the work in the required time period, the work will be assigned to the Secondary.  The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. Term of Contract The contract term, if an award(s) is/are made is intended to be for an initial term of three (3) years with two (2), one (1) year renewal options. Prices shall remain fixed for one (1) year from Contract commencement. After that, any requests for consideration of a price adjustment must be made in writing to the Procurement Division Director. Price adjustments may be based upon multiple factors: the consumer price index (CPI) over the past twelve (12) months, market conditions and rate and budget availability. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Timetable Event Date Issue Solicitation Notice January 10, 2017 Pre-bid Conference January 18, 2017, 11:00 AM Last Date for Receipt of Written Questions January 25, 2017 5:00 PM, Naples Local Time Addendum Issued Resulting from Written Questions January 26, 2017 Solicitation Deadline Date and Time February 10, 2017 3:00 PM Anticipated Evaluation of Submittals February 2017 Anticipated Board of County Commissioner’s Contract Approval Date March 2017 Vendor Required Documents  Attachment 2: Vendor’s Check List  Attachment 3: Vendor Bid Response Form  Attachment 4: Local Vendor Preference  Attachment 5: Immigration Law Affidavit  Attachment 6: Vendor Substitute W-9  Attachment 7: Insurance and Bonding Requirement  Licenses, MOT 16.A.6.c Packet Pg. 386 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 14 Exhibit II: General Bid Instructions 1. Purpose/Objective As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier County Board of County Commissioners Procurement Services Division (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the “ITB”, or “Bid”) with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful vendor will hereinafter be referred to as the “Vendor” All bids must be submitted on the Bid form furnished by the County noted in Attachments 2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly signed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non-responsive. 2. Pricing Vendors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for a period of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined in Exhibit I: Term of Contract. 3. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price will be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. 4. Equal Product Manufacturer’s name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer’s items of equal or similar material. An equal or similar product may be bid, provided that the product is found to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, must be submitted with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless samples are delivered to specified address by bid due date. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. 16.A.6.c Packet Pg. 387 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 15 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 Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 8. Bid Submission All electronic bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: www.colliergov.net/bid. Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Procurement Services Division Internet bid site. 9. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Procurement Services Division Internet website: www.colliergov.net/bid. Questions will not be answered after the date noted on the ITB. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 10. Protests 16.A.6.c Packet Pg. 388 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 16 Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County’s then current Procurement Ordinance and policies. 11. Rejection and Waiver The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may 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 County is using the Competitive Sealed Quotation methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Procurement Ordinance. Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor’s staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Under this solicitation, bidders desiring to receive local preference will be invited and required to affirm atively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any bidder who fails to submit sufficient documentation with their bid offer shall not be granted local pref erence consideration for the purposes of that specific contract award. Except where f ederal or state law, or any other funding source, mandates to the contrar y, 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 identif y how the price order of the bids received will be evaluated and determined. W hen a qualif ied and responsive, non-local business submits the lowest price bid, and the bid subm itted by one or more qualif ied and responsive local businesses is within ten percent of the price subm itted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In 16.A.6.c Packet Pg. 389 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 17 such instances, staff shall first verif y if the lowest non-local bidder and the lowest local bidder are in fact qualif ied and responsive bidders. Next, the Procurement Services Division shall determ ine 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 requirem ents of Fla. Stat. Sec. 287.087, the Procurement Services Division shall invite the lowest local bidder to submit a matching offer, less one (1) dollar, within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less one (1) dollar, 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, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 13. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program:  Commodity based procurement where no services are provided.  Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing both the acceptable E- Verify evidence and the executed affidavit the bidder’s / vendor’s proposal may be deemed non-responsive. 16.A.6.c Packet Pg. 390 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 18 Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the “Exceptions to the program” clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor’s responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 14. Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the Procurement Services Division. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. General Information When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug-free workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said certification; the County will give local vendor preference. 17. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. 16.A.6.c Packet Pg. 391 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 19 Award shall be made in a manner consistent with the County’s Procurement Ordinance. Award recommendations will be posted outside the offices of the Procurement Services Division as well as on the Collier County Procurement Services Division website on Wednesdays and Thursdays prior to the County Commission meetings. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the “Protest Policy” is available at the office of the Procurement Director. 16.A.6.c Packet Pg. 392 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 20 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 m ay 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 pa yment 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. 16.A.6.c Packet Pg. 393 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 21 VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY’S right to insist upon further compliance with all specifications. 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 16.A.6.c Packet Pg. 394 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 22 the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et 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. 16.A.6.c Packet Pg. 395 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 23 Exhibit IV: Additional ITB Terms and Conditions 1. Additional Items and/or Services During the contract term, Collier County reserves the right to add related items and/or services upon negotiation of a satisfactory price by the Project Manager and Vendor. 2. Conflict of Interest Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 3. Vendor Performance Evaluation Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. 4. Deductions for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor’s non-performance. 5. Termination Should the Contractor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board’s Procurement Ordinance. 6. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 7. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub 16.A.6.c Packet Pg. 396 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 24 vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor’s work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 8. Florida Wood Products The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. 9. Public Records Compliance Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 16.A.6.c Packet Pg. 397 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 25 10. Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 11. Licenses The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required licenses must be submitted with the bid response indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non-responsive. A Vendor with an office within Collier County is required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active” in Collier County. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed to the Tax Collector’s Office at (239) 252-2477. 12. Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County’s satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. The County’s project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 13. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 16.A.6.c Packet Pg. 398 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 26 14. Invoice and Payments The County’s project manager reserves the right to establish any one, or a combination of, these industry practices for contracts or purchase orders: Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification required). Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include:  Purchase Order Number  Description and quantities of the goods or services provided per instructions on the County’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk@collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include:  Traditional – payment by check, wire transfer or other cash equivalent.  Standard – payment by purchasing card. Collier County’s Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County’s credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an “Additional Cash Discount.” Upon execution of the Contract and completion of each month’s work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices 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 16.A.6.c Packet Pg. 399 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 27 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. 15. Survivability Purchase Orders: The Consultant/Contractor/Vendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 16-7038 Aquatic Vegetation Control Services will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 16. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in Insurance and Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County’s separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 16.A.6.c Packet Pg. 400 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 28 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor’s sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 15. Security and Background Checks The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor’s employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is 16.A.6.c Packet Pg. 401 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 29 valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 16. Maintenance of Traffic Policy For all projects that are conducted within a Collier County Right-of-Way, the Vendor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation’s Design Standards (DS) on state roadways. These projects shall also comply with Collier County’s Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through the Risk Management and/or Procurement Services Division and are available on-line at colliergov.net/purchasing. The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic (“MOT”) policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 17. 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. 18. 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. Additionally, the County at its sole option may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Vendor:  Required quantities of material.  Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable 16.A.6.c Packet Pg. 402 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 30  Pricing and availability of goods and/or materials provided under Vendor’s agreements with material suppliers 19. Reserved Rights Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet the additional or reduced requirements of Collier County. Collier County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award to one or more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the best interest of the County. Collier County reserves its right to reject any sole response. 16.A.6.c Packet Pg. 403 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 31 Attachment 1: Vendor Submittal - Vendor’s Non-Response Statement The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this f orm via email or fax to the Procurement Strategist listed on the first page or mail to: Collier County Procurement Services Division, 3327 Tamiami Trail East, Naples, Florida 34112. We are not responding to this ITB for the following reason(s): Solicitation: 16-7038R Aquatic Vegetation Control 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 __________________________________________________ Type Name of Signature __________________________________ Date: ______ 16.A.6.c Packet Pg. 404 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 32 Attachment 2: Vendor’s Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashier’s check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company’s E-Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. 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 Company Name Signature & Title Date 16.A.6.c Packet Pg. 405 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 33 Attachment 3: Vendor Submittal - Bid Response Form FROM: __________________________________ Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 16-7038R Aquatic Vegetation Control 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 comply with the requirements in full and in accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to provide the following: * * * SEE FOLLOWING PAGES * * * Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: _____% _____ Days; Net Days Bid Response Form is electronic. Please input your prices online. Bid Response is as follows: Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Procurement Director for approval within fifteen (15) days after being notified of an award. 16.A.6.c Packet Pg. 406 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 34 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 __________________________________________________ 16.A.6.c Packet Pg. 407 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 35 Attachment 4: Vendor Submittal – Local Vendor Preference Affidavit Solicitation: 16-7038R Aquatic Vegetation Control 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 Procurement Ordinance of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Procurement Ordinance: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor’s staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non -permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year under this section. Vendor must complete the following information: Year Business Established in Collier County or Lee County: ________ Number of Employees (Including Owner(s) or Corporate Officers):_________ Number of Employees Living in Collier County or Lee (Including Owner(s) or Corporate Officers):_______ If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor’s submission being deemed not applicable. Vendor Name: _________________________________________ Date: ________________________ Address in Collier or Lee County: _________________________________________________________ Signature: ____________________________________________ Title: ________________________ STATE OF FLORIDA COLLIER COUNTY LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this __________ Day of ______________, 20_____. _____________________________________________ Notary Public My Commission Expires: ________________________ (AFFIX OFFICIAL SEAL) 16.A.6.c Packet Pg. 408 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 36 Attachment 5: Vendor Submittal – Immigration Affidavit Solicitation: 16-7038R Aquatic Vegetation Control 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 term ination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor’s / Bidder’s proposal. Company Name ____________________________________________________________________ Print Name Title _______________________ Signature Date _______________________ State of ___________________ County of _________________ The foregoing instrument was signed and acknowledged before me this ______day of ________________, 20___, by _______________________________ who has produced _____________________________ as identification. (Print or Type Name) (Type of Identification and Number) _____________________________________ Notary Public Signature _____________________________________ Printed Name of Notary Public _____________________________________ Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 16.A.6.c Packet Pg. 409 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 37 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 (includin g 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 _____________________ 16.A.6.c Packet Pg. 410 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 38 Attachment 7: Vendor Submittal - Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. Employer’s Liability $1,000,000 single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. 4. Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 5. Other insurance as noted: Watercraft $ __________ Per Occurrence United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ Per Occurrence Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ __________ Per Occurrence Pollution $ 1,000,000 Per Occurrence Professional Liability $__________ per claim and in the aggregate  $1,000,000 per claim and in the aggregate  $2,000,000 per claim and in the aggregate Project Professional Liability $__________ Per Occurrence Valuable Papers Insurance $__________ Per Occurrence 16.A.6.c Packet Pg. 411 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) #16-7038R ITB Template_06132016 39 Employee Dishonesty / Crime $__________ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 6. Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers’ check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. Performance and Payment Bonds For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “A-“ or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders’ surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. Thirty (30) Days Cancellation Notice required. RLC 9/28/2016 Vendor’s Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm _______________________________________ Date ____________________________ Vendor Signature _________________________________________________________________________ Print Name _________________________________________________________________________ Insurance Agency _________________________________________________________________________ Agent Name _______________________________________ Telephone Number _________________ 16.A.6.c Packet Pg. 412 Attachment: 16-7038R spec - ITB 16-7038R (2892 : 16-7038R Aquatic Vegetation Control Services) Kristofer Lopez, Procurement Strategist Notifications Sent: 436 Melissa Pearson, Contracts Administrator Downloaded:48 Submitted:4 Item #Description UOM 1 Licensed Applicator/Supervisor rate Hourly 2 Crew Leader/Applicator labor rate Hourly 3 Laborer labor rate Hourly 4 Item #Description UOM 5 Licensed Applicator/Supervisor rate with MOT Hourly 6 Crew Leader/Applicator labor rate with MOT Hourly 7 Laborer labor rate with MOT Hourly No Yes Yes Yes Yes Yes Yes Yes Yes BidResponse Form Immigrations Law Affidavit Certification Local Preference Substitiute W-9 Insurance Requirements Yes Yes Yes Yes Yes Yes Earth Balance Rates $87.50 $84.00 $28.87 $200.37 Earth Balance Rates $141.50 $138.50 $49.50 Yes $65.00 Yes Yes Yes Yes Yes Yes $170.00 DeAngelo Rates $300.00 $250.00 DeAngelo Rates $75.00 $65.00 $30.00 Rates $95.00 $70.00 $36.00 Herbicide Applications for Ground Services w/ Maintenance of Traffic (MOT) (County supplied herbicides & adjuvants) A+ Environmental Note: Hourly Rates are all inclusive of labor hours, fuel, materials, equipment, administrative duties, documentation and all other components to perform the services. The awarded Bidder shall provide the services below upon request. These services are not included in the award and they will be requested as needed. They are the same services as above but they include cost for Maintenance of Traffic (MOT) and are all inclusive of labor hours, fuel, materials, equipment, administrative duties, documentation and all other components to perform the services. A+ Environmental Rates $75.00 $50.00 $32.00 $157.00 Rates $120.00 $85.00 $62.00 Yes Mettauer Vendors Checklist Yes Bid Tabulation 16-7038R Aquatic Vegetation Control Services ALTERNATIVE SERVICE Rates $65.00 $61.00 Grand Total $30.00 $156.00 Herbicide Applications for Ground Services (County supplied herbicides & adjuvants)Mettauer Opended by: Kristofer Lopez, Procurement Strategist Witnessed by: Lisset DeLaRosa, Procurement Technician 16.A.6.d Packet Pg. 413 Attachment: 16-7038R Bid Tabulation (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.e Packet Pg. 414 Attachment: NORA_16.7038R_AVCS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.f Packet Pg. 415 Attachment: A+ Environmental_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.f Packet Pg. 416 Attachment: A+ Environmental_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.f Packet Pg. 417 Attachment: A+ Environmental_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.f Packet Pg. 418 Attachment: A+ Environmental_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.f Packet Pg. 419 Attachment: A+ Environmental_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.f Packet Pg. 420 Attachment: A+ Environmental_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.f Packet Pg. 421 Attachment: A+ Environmental_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.f Packet Pg. 422 Attachment: A+ Environmental_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.f Packet Pg. 423 Attachment: A+ Environmental_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.f Packet Pg. 424 Attachment: A+ Environmental_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.f Packet Pg. 425 Attachment: A+ Environmental_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.f Packet Pg. 426 Attachment: A+ Environmental_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.f Packet Pg. 427 Attachment: A+ Environmental_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.f Packet Pg. 428 Attachment: A+ Environmental_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.f Packet Pg. 429 Attachment: A+ Environmental_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.f Packet Pg. 430 Attachment: A+ Environmental_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.f Packet Pg. 431 Attachment: A+ Environmental_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.f Packet Pg. 432 Attachment: A+ Environmental_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.f Packet Pg. 433 Attachment: A+ Environmental_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.g Packet Pg. 434 Attachment: Mettauer_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.g Packet Pg. 435 Attachment: Mettauer_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.g Packet Pg. 436 Attachment: Mettauer_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.g Packet Pg. 437 Attachment: Mettauer_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.g Packet Pg. 438 Attachment: Mettauer_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.g Packet Pg. 439 Attachment: Mettauer_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.g Packet Pg. 440 Attachment: Mettauer_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.g Packet Pg. 441 Attachment: Mettauer_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.g Packet Pg. 442 Attachment: Mettauer_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.g Packet Pg. 443 Attachment: Mettauer_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.g Packet Pg. 444 Attachment: Mettauer_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.g Packet Pg. 445 Attachment: Mettauer_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.g Packet Pg. 446 Attachment: Mettauer_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.g Packet Pg. 447 Attachment: Mettauer_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.g Packet Pg. 448 Attachment: Mettauer_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.g Packet Pg. 449 Attachment: Mettauer_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.g Packet Pg. 450 Attachment: Mettauer_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.g Packet Pg. 451 Attachment: Mettauer_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.g Packet Pg. 452 Attachment: Mettauer_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.g Packet Pg. 453 Attachment: Mettauer_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 16.A.6.g Packet Pg. 454 Attachment: Mettauer_Contract_VS (2892 : 16-7038R Aquatic Vegetation Control Services) 6871.txt As requested by Ted Coyman, the NORA and vendor signed agreements have been attached. Page 1 16.A.6.h Packet Pg. 455 Attachment: Files attached (2892 : 16-7038R Aquatic Vegetation Control Services)