Agenda 10/10/2017 Item #16A1810/10/2017
EXECUTIVE SUMMARY
Recommendation to approve award of Invitation To Bid No. 17-7054 Beach Maintenance
Activities to Eastman Aggregate Enterprises, LLC for an as-needed contract for emergency
beach maintenance services, authorize the Chair to sign the attached contract, and make a
finding that this activity promotes Tourism.
OBJECTIVE: To award a contract to Eastman Aggregate Enterprises , LLC for as-needed beach
maintenance activities.
CONSIDERATIONS: The Coastal Zone management division is responsible for the maintenance and
upkeep of all beaches in Collier County. To be able to adequately respond to issues on the beach, staff
needs an on-call vendor to perform basic beach maintenance and be available to respond to emergencies.
Most beach maintenance related activities that will be performed under this contract consist of: required
beach tilling per DEP permit conditions, beach grading in excess of Collier County capability, significant
fish kill removals, significant escarpment removals, and equipment removal in emergency situations. This
contract is intended to augment the routine beach maintenance activities performed by Collier County
staff. All work performed under the contract will be monitored and managed by County staff.
Staff posted a re-solicitation for these services on January 20 2017, with notices sent to 1849 firms and 42
firms downloading full packages. The County received two (2) responses on the February 21, 2017, due
date. Those bids are summarized below.
VENDOR BID TOTAL
Eastman Aggregates $67,650,00
Earth Tech Enterprises, Inc. $87,625.00
The bids were based on formulas involving prices for equipment and services multiplied by the
approximate usage, as demonstrated on the attached bid schedule. After reviewing the two bids ,
Eastman Aggregates is lower priced on every piece of equipment and its mobilization, except for one in which
the two companies were tied. Staff is recommending award of the contract to the lowest
responsive/responsible bidder, Eastman Aggregate Enterprises, LLC. For more than two decades
Eastman Aggregates has been providing various earthwork services such as beach restoration projects,
beach renourishment projects , erosion control projects, dune restoration projects, and wetland
restoration, and is fully capable of meeting the County’s needs.
FISCAL IMPACT: Each year annual funds are included in TDC Category "A" budgeted for beach
maintenance related activities. Historical spending has been approximately $25,000 per
year. Funding is available in Fund 195 Project 90533.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
ADVISORY COMMITTEE RECOMMENDATIONS: At the September 25, Tourist Development
Council meeting this item was unanimously recommended for approval by an 8 to 0 vote.
The Coastal Advisory Committee meeting on September 14, 2017 was cancelled due to the hurricane.
This item will be reviewed after the fact at their October 12, 2017 meeting.
10/10/2017
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval. -SRT
RECOMMENDATION: To approve award of a contract for ITB No. 17-7054 Beach Maintenance
Activities to Eastman Aggregate Enterprises, LLC on an as-needed basis for beach maintenance
services, make a finding that this activity promotes Tourism, and aut h or i ze the Chair to sign
the attached contract.
Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees
and Program Management Division
ATTACHMENT(S)
1. 17-7054 - Beach Maintenance ITB (DOCX)
2. 17-7054 Bid Schedule (PDF)
3. 17-7054 - Bid tab (PDF)
4. 17-7054 - Notice of Recommended Award (PDF)
5. 17-7054 Eastman_Contract_VendSign (002) (PDF)
10/10/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.18
Doc ID: 3668
Item Summary: Recommendation to approve award of Invitation To Bid No. 17-7054 Beach
Maintenance Activities to Eastman Aggregate Enterprises, LLC for an as-needed contract for emergency
beach maintenance services, authorize the Chair to sign the attached contract, and make a finding that this
activity promotes Tourism.
Meeting Date: 10/10/2017
Prepared by:
Title: Accountant – Capital Project Planning, Impact Fees, and Program Management
Name: Gail Hambright
08/24/2017 9:41 AM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
08/24/2017 9:41 AM
Approved By:
Review:
Growth Management Department Michael Cox Level 1 Reviewer Skipped 09/20/2017 12:01 PM
Growth Management Department Michael Cox Deputy Department Head Review Skipped 09/20/2017 12:02 PM
Growth Management Department Michael Cox Department Head Review Skipped 09/20/2017 12:02 PM
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 08/24/2017 10:14 AM
Capital Project Planning, Impact Fees, and Program Management Tara Castillo Additional Reviewer Completed 08/25/2017 8:49 AM
Zoning Gail Hambright Additional Reviewer Skipped 08/25/2017 10:28 AM
Procurement Services Ted Coyman Additional Reviewer Completed 08/25/2017 11:48 AM
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 08/29/2017 10:51 AM
Procurement Services Gail Hambright Additional Reviewer Skipped 08/29/2017 12:07 PM
Procurement Services Adam Northrup Additional Reviewer Completed 08/29/2017 1:14 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 08/31/2017 3:55 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 09/01/2017 11:19 AM
Growth Management Department Gail Hambright Additional Reviewer Skipped 08/22/2017 1:46 PM
Zoning Gary McAlpin Additional Reviewer Completed 09/05/2017 12:51 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 09/19/2017 10:47 AM
10/10/2017
Growth Management Department James French Additional Reviewer Completed 09/19/2017 1:25 PM
Grants Edmond Kushi Level 2 Grants Review Completed 09/22/2017 9:42 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/26/2017 7:53 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/26/2017 3:48 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 09/29/2017 3:42 PM
Grants Therese Stanley Additional Reviewer Completed 09/29/2017 5:14 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/02/2017 7:53 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/10/2017 9:00 AM
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INVITATION TO BID
Date: 01/20/2017
From: Adam Northrup
(239) 252-6098 (Telephone)
(239) 252-6302 (FAX)
adamnorthrup@colliergov.net (Email)
To: Prospective Vendors
Subject: Solicitation: 17-7054 – Beach Maintenance Activities
As requested by the Coastal Zone Management Division, the Collier County Board of
County Commissioners Procurement Services Division has issued this ITB for the
purpose of obtaining fair and competitive responses.
Please refer to the Public Notice included in this document for the opening date and time
and any applicable pre-ITB conference.
All questions regarding this ITB must be submitted online on the Collier County
Procurement Services Division Online Bidding System website: www.colliergov.net/bid.
All responses to questions will be posted on the website with electronic notification to all
prospective vendors.
We look forward to your participation in Collier County’s competitive procurement
process.
cc: Clint Perryman
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Invitation to Bid
Index
Public Notice .............................................................................................................................. 3
Exhibit I: Scope of Work, Specifications and Response Format ............................................... 4
Exhibit II: General Bid Instructions ............................................................................................ 7
Exhibit III: Standard Purchase Order Terms and Conditions ....................................................13
Exhibit IV: Additional ITB Terms and Conditions ......................................................................16
Attachment 1: Vendor Submittal - Vendor’s Non-Response Statement ....................................24
Attachment 2: Vendor’s Check List ..........................................................................................25
Attachment 3: Vendor Submittal - Bid Response Form ............................................................26
Attachment 4: Vendor Submittal – Local Vendor Preference Affidavit .......................................28
Attachment 5: Vendor Submittal – Immigration Affidavit ............................................................29
Attachment 6: Vendor Substitute W – 9 .....................................................................................30
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements ................................32
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Public Notice
Sealed bid responses for Solicitation 17-7054 – Beach Maintenance Activities, will be received
electronically at www.colliergov.net/bid until 3:00PM, Collier County local time on 2/20/2017.
Solicitation responses received after the stated time and date will not be accepted.
Solicitation 17-7054 – Beach Maintenance Activities
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 form 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: /s/ Edward F. Coyman, Jr.
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
2/20/2017.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Coastal Zone Management Division (hereinafter, the “Division or
Department”), the Collier County Board of County Commissioners Procurement Services Division
(hereinafter, “County”) has issued this Invitation to Bid (hereinafter, “ITB”) with the intent of obtaining
bids from interested and qualified firms in accordance with the terms, conditions and specifications
stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work
and specifications stated.
The results of this solicitation may be used by other County departments once awarded according to
the Board of County Commissioners Procurement Ordinance, as amended.
Brief Description of Purchase
The purpose of this bid is to provide cleaning and other various beach services to county beaches and
grounds in various nuisance situations such as seaweed, red tide, or fish kill events, that are beyond
the capacity of County staff. The maintenance activities associated with this Contract will include but
not be limited to escarpment removal, beach tilling, debris removal and beach grading. Historically,
County departments have spent approximately $33,000 per year; however, this may not be indicative
of future buying patterns.
Detailed Scope of Work
This Scope of Services is intended to provide the information by which prospective bidders may
understand the requirements of Collier County relative to one (1) or more contractors providing labor
and equipment to perform maintenance activities on the beaches in Collier County including, but not
limited to, Vanderbilt Beach, Park Shore, the City of Naples and the City of Marco.
The County reserves the right to bid any job with an estimated cost of $25,000 or more. No single job
may exceed $200,000 without additional Board approval. Work will be assigned by purchase order.
The following activities are an example of the services that might be ordered, but in no way is
this list meant to be all inclusive or describe specific work – these are only examples.
1. ESCARPMENT REMOVAL: The formation of ridges which interfere with marine turtle nesting or
which exceed eighteen (18) inches in height for a distance of one hundred (100) feet or more
shall be mechanically leveled to the natural beach contour. The use of a road grader is the
preferred method for performing this function.
2. BEACH TILLING: The Contractor shall till the beach area between the seaward edge of
vegetation/seawall line and the mean high water line (approximate elevation, 1.7 NGVD) with
equipment operated so as to penetrate and loosen beach sand (a) to a depth of thirty-six (36)
inches and (b) laterally without leaving unloosened compacted sand between the adjacent
paths of tines or penetrating part of the equipment. (Suitable equipment is Caterpiller D9L/No.
9 Adjustable Parallelogram Multishank Ripper, or equal.) Upon completion of any tilling, the
beach shall be dragged to remove any ruts created by the tilling process.
3. DEBRIS REMOVAL: After certain storm events, it may be necessary to remove excess debris
which cannot be removed by the routine beach cleaning operation. Such may involve the use
of front end loaders (w/root rake), backhoes, dump trucks and labor.
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4. BEACH GRADING: Following activities such as debris removal, it may be necessary to perform
certain beach grading to remove tire ruts and restore changes to the natural beach contour as a
result of those activities. The use of a large box blade (minimum width of twelve (12) feet) or
other similar equipment is preferred for performing this function.
NEW WORK/ESTIMATES: The Contractor shall provide written estimates on all projects except on
emergencies. This estimate shall include the estimated number of hours, number and types of
equipment required, and number of working days required for project completion. This information is
necessary for use in preparing the purchase order to provide authorization for each project.
SAFETY: All Contractors and subcontractors 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. Also, all
Contractors and subcontractors 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.
EQUIPMENT: Contractor’s equipment must be in good repair and have available all equipment
necessary to perform the described services in particular and the equipment necessary to complete
related tasks. A list of equipment available for use on this contract shall be submitted with the bid.
PRICES: The unit prices quoted shall be all inclusive of fees. Additional fees will not be accepted with
this contract. You must include all labor cost, insurance, overhead, profit, travel time, mileage
and other various fees into the proposed rates.
EXPERIENCE: The Contractor must have a minimum of five (5) years experience in beach tilling
and/or general Beach Maintenance Activities with a Commercial or Government entity.
REFERENCES: Each Contractor is requested to submit with their bid, three (3) references for work
performed in the last 10 years, including the names and telephone numbers of a contact person.
There references may be used in the evaluation of this bid to determine award.
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 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 for award purposes only the
following methodology will be used:
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Section A: Provide an all inclusive rate in dollars for lines 1-12. The amount input will be
automatically multiplied by the column entitled "multiplier" to yield a total for each line. Totals
for lines 1 - 12 will be totaled in line 13 BASE BID A.
Section B: Provide a markup percentage (in decimal form) on rental equipment in line 14. The
percentage will be multiplied by the column titled multiplier to yield a Total.
The totals for lines 13 and 14 will be summed in line 15 BASE A + B TOTAL.
The Responsive/Responsible bidder, with the lowest line 15 total shall be awarded the bid.
Collier County reserves the right to select one, or more than one suppliers, however, it is the
intent to select a single awardee.
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 three (3) years with with two (2)
one (1) year renewal options.
Prices shall remain firm for the initial term of this contract. Requests for consideration of a price
adjustment must be made prior to the contract anniversary date, in writing, to the Procurement
Director. Price adjustments may be based upon multiple factors: the consumer price index (CPI)
over the past twelve (12) months, market conditions and rate, budget availability and program
manager approval, or a combination thereof.
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 1/20/2017
Last Date for Receipt of Written Questions 2/13/2017; 3:00PM
Solicitation Deadline Date and Time 2/20/2017; 3:00PM
Anticipated Evaluation of Submittals February of 2017
Anticipated Board of County Commissioner’s Contract
Approval Date
March of 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
Three (3) references
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Exhibit II: General Bid Instructions
1. Purpose/Objective
As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier
County Board of County Commissioners Procurement Services Division (hereinafter, the County)
has issued this Invitation to Bid (hereinafter, the “ITB”, or “Bid”) with the sole purpose and intent of
obtaining bid responses from interested and qualified firms in accordance with the terms,
conditions, and specifications stated and/or attached herein/hereto. The successful vendor will
hereinafter be referred to as the “Vendor”
All bids must be submitted on the Bid form furnished by the County noted in Attachments
2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly
signed. Vendor is responsible to read and follow the instructions very carefully, as any
misinterpretation or failure to comply with these instructions could lead to the bid submitted as
being rejected as non-responsive.
2. Pricing
Vendors must provide unit prices using the unit of measured specified by the County. All prices
will remain firm for a period of one hundred and eighty (180) calendar days from date of bid
opening. After award by the Board of County Commissioners, prices may only be adjusted as
outlined in Exhibit I: Term of Contract.
3. Alternate Bid Pricing
In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide
pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted
price will be the basis for the rejection of the submitted bid response. All bids responses received
without pricing for all alternates as listed will be considered technically non-responsive and will not
be considered for award.
4. Equal Product
Manufacturer’s name, brand name and/or model number are used in these specifications for the
purpose of establishing minimum requirements of level of quality, standards of performance and/or
design required, and is in no way intended to prohibit the bidding of other manufacturer’s items of
equal or similar material. An equal or similar product may be bid, provided that the product is
found to be equal or similar in quality, standard of performance, design, etc. to the item specified.
Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of
factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid
as equal or similar.
Equal product samples, if required for evaluation, and at no cost to the County, must be submitted
with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless
samples are delivered to specified address by bid due date. The County shall be sole judge of
equality or similarity, and its decision shall be final in the best interest.
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5. Discounts
Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be
considered in the award of tie bids. In no instance should payment terms less than fifteen (15)
calendar days be offered.
6. Exceptions
Vendors taking exception to any part or section of these specifications shall indicate such
exceptions on a separate sheet entitled “EXCEPTIONS TO SPECIFICATIONS.” Failure to
indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully
comply with the specifications as written. The County, at its sole discretion, shall determine if the
exceptions are material in nature, and if the Vendor’s exceptions may be declared grounds for
rejection of bid proposal.
7. Addenda
The County reserves the right to formally amend and/or clarify the requirements of the bid
specifications where it deems necessary. Any such addendum/clarification shall be in writing and
shall be distributed electronically to all parties who received the original bid specifications prior to
the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through
a notice of addendum or questions and answers to all vendors registered under the applicable
commodity code(s) at the time when the original ITB was released, as well as those 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.
For paper submissions
All paper bids shall be submitted to the County Procurement Director, Collier County Government,
Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112, by the date and time as
stated in the Legal Notice. The County assumes no responsibility for bid responses received after
the due date and time, or at any office or location other than that specified herein, whether due to
mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late bid
responses shall be returned unopened, and shall not be considered for award.
Vendors must submit one (1) paper copy clearly labeled “Master,” and one (1) compact disk
(CD) with one copy of the proposal on each CD in Word, Excel or PDF. List the Solicitation
Number and Title on the outside of the box or envelope. All bids sent by courier service must
have the bid number and title on the outside of the courier packet.
Vendors who wish to receive copies of bids after the bid opening may view and download same
from the Collier County Procurement Services Division Internet bid site.
9. Questions
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If the vendor should be of the opinion that the meaning of any part of the Bid Document is
doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement
Strategist before the bid opening date. Direct questions related to this ITB only to the Collier
County Procurement Services Division Internet website: www.colliergov.net/bid. Questions will not
be answered after the date noted on the ITB.
Vendors must clearly understand that the only official answer or position of the County will be the
one stated on the Collier County Procurement Services Division Online Bidding System website.
For general questions, please call the referenced Procurement Strategist identified in the Public
Notice.
10. Protests
Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest
with the Procurement Director prior to the time of the bid opening strictly in accordance with the
County’s then current Procurement Ordinance and policies.
11. Rejection and Waiver
The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to
select the bid that best meets the requirements of the County.
Vendors whose bids, past performance or current status do not reflect the capability, integrity or
reliability to fully and in good faith perform the requirements denoted may 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
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affirm atively state and provide documentation as set forth in the solicitation in support of their
status as a local business. Any bidder who f ails to submit sufficient documentation with their bid
offer shall not be granted local preference consideration for the purposes of that specific
contract award. Except where federal or state law, or any other funding source, mandates to the
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 qualified and responsive, non-local business submits the lowest price bid, and the bid
subm itted by one or more qualified and responsive local businesses is within ten percent of the
price submitted by the non-local business, then the local business with the apparent lowest bid
offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the
price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In
such instances, staff shall first 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 requirements of Fla. Stat. Sec. 287.087, the Procurement Services Division shall invite the
lowest local bidder to submit a matching offer, less one (1) dollar, within five (5) business days
thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less
one (1) dollar, 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.
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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.
Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all
purchases not covered under the “Exceptions to the program” clause above.
For additional information regarding the Employment Eligibility Verification System (E-Verify)
program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor’s
responsibility to familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act of
1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to
comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach
of the award agreement and the County shall have the discretion to unilaterally terminate said
agreement immediately.
14. Lobbying
All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied
either individually or collectively about a project for which a firm has submitted a bid. Firms and
their agents are not to contact members of the County Commission for such purposes as
meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to
final Board approval, no firm or its agent shall contact any other employee of Collier County with
the exception of the Procurement Services Division.
15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute
607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
shall be identified. Firms who do not provide the certificate of authority at the time of response
shall be required to provide same within five (5) days upon notification of selection for award. If the
firm cannot provide the document within the referenced timeframe, the County reserves the right
to award to another firm.
16. General Information
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When it is deemed by the County that a bid cannot be awarded as originally intended, the County
reserves the right to award this bid through an approach which is the best interest of the County.
Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying
as low bid, the County shall ask vendors to submit certification that they have a drug-free
workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said
certification; the County will give local vendor preference.
17. Bid Award Process
Award of contract will be made by the Board of County Commissioners in public session.
Award shall be made in a manner consistent with the County’s Procurement Ordinance. Award
recommendations will be posted outside the offices of the Procurement Services Division as well
as on the Collier County Procurement Services Division website on Wednesdays and Thursdays
prior to the County Commission meetings.
Any actual or prospective respondent who desires to formally protest the recommended contract
award must file a notice of intent to protest with the Procurement Director within two (2) calendar
days (excluding weekends and County holidays) of the date that the recommended award is
posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal
protest and will be given instructions as to the form and content requirements of the formal protest.
A copy of the “Protest Policy” is available at the office of the Procurement Director.
18. Reserved Rights
Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or
offers; to waive minor irregularities and technicalities; or to request resubmission. Also Collier
County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or
decrease quantities to meet the additional or reduced requirements of Collier County. Collier County
reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award to one or
more vendors; to award all or part of a solicitation; and to award by individual line items when it is
deemed to be in the best interest of the County. Collier County reserves its right to reject any sole
response.
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Exhibit III: Standard Purchase Order Terms and Conditions
1. Offer
This offer is subject to cancellation by the
COUNTY without notice if not accepted by
VENDOR within fourteen (14) days of issuance.
2. Acceptance and Confirmation
This Purchase Order (including all documents
attached to or referenced therein) constitutes
the entire agreement between the parties, unless
otherwise specifically noted by the COUNTY on
the face of this Purchase Order. Each delivery of
goods and/or services received by the COUNTY
from VENDOR shall be deemed to be upon the
terms and conditions contained in this Purchase
Order.
No additional terms may be added and Purchase
Order may not be changed except by written
instrument executed by the COUNTY. VENDOR
is deemed to be on notice that the COUNTY
objects to any additional or different terms and
conditions contained in any acknowledgment,
invoice or other communication from VENDOR,
notwithstanding the COUNTY’S acceptance or
payment for any delivery of goods and/or services,
or any similar act by VENDOR.
3. Inspection
All goods and/or services delivered hereunder
shall be received subject to the COUNTY’S
inspection and approval and payment therefore
shall not constitute acceptance. All payments are
subject to adjustment for shortage or rejection. All
defective or nonconforming goods will be returned
pursuant to VENDOR'S instruction at VENDOR’S
expense.
To the extent that a purchase order requires a
series of performances by VENDOR, the
COUNTY prospectively reserves the right to
cancel the entire remainder of the Purchase Order
if goods and/or services provided early in the term
of the Purchase Order are non-conforming or
otherwise rejected by the COUNTY.
4. Shipping and Invoices
a) All goods are FOB destination and must be
suitably packed and prepared to secure the
lowest transportation rates and to comply with
all carrier regulations. Risk of loss of any
goods sold hereunder shall transfer to the
COUNTY at the time and place of delivery;
provided that risk of loss prior to actual receipt
of the goods by the COUNTY nonetheless
remain with VENDOR.
b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
Unless otherwise provided in Purchase Order,
no invoices shall be issued nor payments
made prior to delivery. Unless freight and
other charges are itemized, any discount will
be taken on the full amount of invoice.
c) All shipments of goods scheduled on the
same day via the same route must be
consolidated. Each shipping container must
be consecutively numbered and marked to
show this Purchase Order number. The
container and Purchase Order numbers must
be indicated on bill of lading. Packing slips
must show Purchase Order number and must
be included on each package of less than
container load (LCL) shipments and/or with
each car load of equipment. The COUNTY
reserves the right to refuse or return any
shipment or equipment at VENDOR’S
expense that is not marked with Purchase
Order numbers. VENDOR agrees to declare
to the carrier the value of any shipment made
under this Purchase Order and the full invoice
value of such shipment.
d) All invoices must contain the Purchase Order
number and any other specific information as
identified on the Purchase Order. Discounts
of prompt payment will be computed from the
date of receipt of goods or from date of receipt
of invoices, whichever is later. Payment will
be made upon receipt of a proper invoice and
in compliance with Chapter 218, Fla. Stats.,
otherwise known as the “Local Government
Prompt Payment Act,” and, pursuant to the
Board of County Commissioners Purchasing
Policy.
5. Time Is Of the Essence
Time for delivery of goods or performance of
services under this Purchase Order is of the
essence. Failure of VENDOR to meet delivery
schedules or deliver within a reasonable time, as
interpreted by the COUNTY in its sole judgment,
shall entitle the COUNT Y to seek all remedies
available to it at law or in equity. VENDOR agrees
to reimburse the COUNTY for any expenses
incurred in enforcing its rights. VENDOR further
agrees that undiscovered delivery of
nonconforming goods and/or services is not a
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waiver of the COUNTY’S right to insist upon
further compliance with all specifications.
6. Changes
The COUNTY may at any time and by written
notice make changes to drawings and
specifications, shipping instructions, quantities
and delivery schedules within the general scope of
this Purchase Order. Should any such change
increase or decrease the cost of, or the time
required for performance of the Purchase Order,
an equitable adjustment in the price and/or
delivery schedule will be negotiated by the
COUNTY and VENDOR. Notwithstanding the
foregoing, VENDOR has an affirmative obligation
to give notice if the changes will decrease costs.
Any claims for adjustment by VENDOR must be
made within thirty (30) days from the date the
change is ordered or within such additional period
of time as may be agreed upon by the parties.
7. Warranties
VENDOR expressly warrants that the goods
and/or services covered by this Purchase Order
will conform to the specifications, drawings,
samples or other descriptions furnished or
specified by the COUNTY, and will be of
satisfactory material and quality production, free
from defects and sufficient for the purpose
intended. Goods shall be delivered free from any
security interest or other lien, encumbrance or
claim of any third party. These warranties shall
survive inspection, acceptance, passage of title
and payment by the COUNTY.
8. Statutory Conformity
Goods and services provided pursuant to this
Purchase Order, and their production and
transportation shall conform to all applicable laws,
including but not limited to the Occupational
Health and Safety Act, the Federal Transportation
Act and the Fair Labor Standards Act, as well as
any law or regulation noted on the face of the
Purchase Order.
9. Advertising
No VENDOR providing goods and services to the
COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and/or
services, or appropriate or make use of the
COUNTY’S name or other identifying marks or
property without the prior written consent of the
COUNTY’S Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless the
COUNTY from any and all claims, including claims
of negligence, costs and expenses, including but
not limited to attorneys' fees, arising from, caused
by or related to the injury or death of any person
(including but not limited to employees and agents
of VENDOR in the performance of their duties or
otherwise), or damage to property (including
property of the COUNTY or other persons), which
arise out of or are incident to the goods and/or
services to be provided hereunder.
11. Warranty of Non-Infringement
VENDOR represents and warrants that all goods
sold or services performed under this Purchase
Order are: a) in compliance with applicable laws;
b) do not infringe any patent, trademark, copyright
or trade secret; and c) do not constitute unfair
competition.
VENDOR shall indemnify and hold harmless the
COUNTY from and against any and all claims,
including claims of negligence, costs and
expense, including but not limited to attorneys'
fees, which arise from any claim, suit or
proceeding alleging that the COUNTY’S use of the
goods and/or services provided under this
Purchase Order are inconsistent with VENDOR'S
representations and warranties in section 11 (a).
If any claim which arises from VENDOR'S breach
of section 11 (a) has occurred, or is likely to occur,
VENDOR may, at the COUNTY’S option, procure
for the COUNTY the right to continue using the
goods or services, or replace or modify the goods
or services so that they become non-infringing,
(without any material degradation in performance,
quality, functionality or additional cost to the
COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall provide
commercial insurance of such type and with such
terms and limits as may be reasonably associated
with the Purchase Order. Providing and
maintaining adequate insurance coverage is a
material obligation of the VENDOR. All insurance
policies shall be executed through insurers
authorized or eligible to write policies in the State
of Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all federal,
state, and local laws, rules, codes, and ordinances
that are applicable to the conduct of its business.
By way of non-exhaustive example, this shall
include the American with Disabilities Act and all
prohibitions against discrimination on the basis of
race, religion, sex creed, national origin, handicap,
marital status, or veterans’ status. Further,
VENDOR acknowledges and without exception or
stipulation shall be fully responsible for complying
with the provisions of the Immigration Reform and
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Control Act of 1986 as located at 8 U.S.C. 1324,
et seq. and regulations relating thereto, as either
may be amended. Failure by the awarded firm(s)
to comply with the laws referenced herein shall
constitute a breach of the award agreement and
the County shall have the discretion to unilaterally
terminate said agreement immediately. Any
breach of this provision may be regarded by the
COUNTY as a material and substantial breach of
the contract arising from this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in performance
resulting from any cause beyond their control,
including, but without limitation to war, strikes, civil
disturbances and acts of nature. When VENDOR
has knowledge of any actual or potential force
majeure or other conditions which will delay or
threatens to delay timely performance of this
Purchase Order, VENDOR shall immediately give
notice thereof, including all relevant information
with respects to what steps VENDOR is taking to
complete delivery of the goods and/or services to
the COUNTY.
15. Assignment
VENDOR may not assign this Purchase Order,
nor any money due or to become due without the
prior written consent of the COUNTY. Any
assignment made without such consent shall be
deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida sales
and use tax on real property, transient rental
property rented, tangible personal purchased or
rented, or services purchased (Florida Statutes,
Chapter 212), and from federal excise tax.
17. Annual Appropriations
The COUNTY’S performance and obligation to
pay under this Purchase Order shall be contingent
upon an annual appropriation of funds.
18. Termination
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order may
be terminated immediately by the COUNTY for
breach by VENDOR of the terms and conditions of
this Purchase Order, provided that COUNTY has
provided VENDOR with notice of such breach and
VENDOR has failed to cure within 10 days of
receipt of such notice.
19. General
a) This Purchase Order shall be governed by the
laws of the State of Florida. The venue for any
action brought to specifically enforce any of
the terms and conditions of this Purchase
Order shall be the Twentieth Judicial Circuit in
and for Collier County, Florida
b) Failure of the COUNTY to act immediately in
response to a breach of this Purchase Order
by VENDOR shall not constitute a waiver of
breach. Waiver of the COUNTY by any
default by VENDOR hereunder shall not be
deemed a waiver of any subsequent default
by VENDOR.
c) All notices under this Purchase Order shall be
sent to the respective addresses on the face
page by certified mail, return receipt
requested, by overnight courier service, or by
personal delivery and will be deemed effective
upon receipt. Postage, delivery and other
charges shall be paid by the sender. A party
may change its address for notice by written
notice complying with the requirements of this
section.
d) The Vendor agrees to reimbursement of any
travel expenses that may be associated with
this Purchase Order in accordance with
Florida Statute Chapter 112.061, Per Diem
and Travel Expenses for Public Officers,
employees and authorized persons.
e) In the event of any conflict between or among
the terms of any Contract Documents related
to this Purchase Order, the terms of the
Contract Documents shall take precedence
over the terms of the Purchase Order. To the
extent any terms and /or conditions of this
Purchase Order duplicate or overlap the
Terms and Conditions of the Contract
Documents, the provisions of the Terms
and/or Conditions that are most favorable to
the County and/or provide the greatest
protection to the County shall govern.
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Exhibit IV: Additional ITB Terms and Conditions
1. Additional Items and/or Services
During the contract term, Collier County reserves the right to add related items and/or services
upon negotiation of a satisfactory price by the Project Manager and Vendor.
2. Conflict of Interest
Vendor shall provide a list of any businesses and/or organizations to which the firm has any
affiliation or obligations within the past five (5) years; whether paid or donated, which could be
construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of
interest is subject to County staff review and does not in and of itself disqualify a firm from
consideration. These disclosures are intended to identify and or preclude conflict of interest
situations during contract selection and execution.
3. Vendor Performance Evaluation
Collier County has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of agreement.
4. Deductions for Non-Performance
The County reserves the right to deduct a portion of any invoice for goods not delivered, or
services not performed in accordance with requirements, including required timeframe. The
County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies
directly related to the Vendor’s non-performance.
5. Termination
Should the Contractor be found to have failed to perform services in a manner satisfactory to the
County, the County may terminate this Agreement immediately for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance. In the event that the award of this solicitation is made by the
Procurement Services Director, the award and any resultant purchase orders may be terminated
at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant
to the Board’s Procurement Ordinance.
6. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of
the successful vendor.
7. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub
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vendors shall be responsible for the safety of their employees and any unsafe acts or conditions
that may cause injury or damage to any persons or property within and around the work site. All
firewall penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County
facility, property and/or right-of-way for the purpose of inspection of any Vendor’s work operations.
This provision is non-negotiable by any department and/or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and
PPE Protective labels.
8. Florida Wood Products
The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and
other forest products produced and manufactured in the State of Florida as long as the price,
fitness and quality are equal.
9. Public Records Compliance
Florida Public Records Law Chapter 119, including specifically those contractual requirements in
119.0701(2)(a)-(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency’s custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the Contractor does not
transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency’s custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
10. Standards of Conduct
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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. Ad ditionally, 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.
14. Invoice and Payments
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The County’s project manager reserves the right to establish any one, or a combination of, these
industry practices for contracts or purchase orders:
Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred
from the County to the contractor; and, as a business practice there are no hourly or material
invoices presented, rather, the contractor must perform to the satisfaction of the County’s
project manager before payment for the fixed price contract is authorized.
Time and Materials: the County agrees to pay the contractor for the amount of labor time
spent by the contractor's employees and subcontractors to perform the work (number of hours
times hourly rate), and for materials and equipment used in the project (cost of materials plus
the contractor's mark up). This methodology is generally used in projects in which it is not
possible to accurately estimate the size of the project, or when it is expected that the project
requirements would most likely change. As a general business practice, these contracts
include back-up documentation of costs; invoices would include number of hours worked and
billing rate by position (and not company (or subcontractor) timekeeping or payroll records),
material or equipment invoices, and other reimbursable documentation for the project.
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.”
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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
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 17-7054 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 identif y “For any and all work
performed on behalf of Collier County.”
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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
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
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local law enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records. Contractor shall be
required to maintain records on each employee and make them available to the County for at least
four (4) years.
All of Contractor’s employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and properties.
Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed
each year at no cost to the Contractor during the time period in which their background check is
valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s
business.
The Contractor shall immediately notify the Collier County Facilities Management Division via e-
mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates
from their employment. This notification is critical to ensure the continued security of Collier
County facilities and systems. Failure to notify within four (4) hours of separation may result in a
deduction of $500 per incident.
CCSO requires separate fingerprinting prior to work being performed in any of their
locations. This will be coordinated upon award of the contract. If there are additional fees for this
process, the vendor is responsible for all costs.
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
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“County Furnished Materials” and the responsibilities of both the County and the Vendor relating
to said materials shall be governed by the terms and conditions of this solicitation.
Additionally, the County at its sole option may choose to purchase some or all of the goods and/or
materials from other suppliers. In either instance the County may require the following information
from the Vendor:
Required quantities of material.
Specifications relating to goods and/or materials required for job including brand and/or model
number or type if applicable
Pricing and availability of goods and/or materials provided under Vendor’s agreements with
material suppliers
19. Grant Compliance
The purchase of any goods and/or services that are funded through Federal Grant Appropriations,
the State of Florida, or any other public or private foundations shall be subject to the compliance
and reporting requirements of the granting agency.
20. Equipment
Vendor shall have available and in good working condition, the necessary equipment to perform
the required service. If required by the County, the Vendor shall supply a list of equipment and an
hourly rate for each. Hourly rates will commence once equipment arrives at the service site,
unless otherwise agreed in writing by the Project Manager.
In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is
needed, the Project Manager must be notified in advance for approval. The reimbursement of
additional equipment expense shall be at cost and will commence once equipment arrives at the
service site, unless otherwise agreed in writing by the Project Manager. The County reserves the
right to request and obtain documentation of the Vendor’s cost for time and material projects, and
to withhold payments until documentation is provided.
All County-purchased equipment must be new and of current manufacture in production at the
time of bid opening, and carry industry standard warranties. At the time of delivery, at least two (2)
complete shop repair manuals and parts lists must be furnished with each type of equipment.
Vendor must service all equipment prior to delivery and/or acceptance by the County.
The scope of these specifications is to ensure the delivery of a complete unit ready for operation.
Omission of any essential detail from these specifications does not relieve the Vendor from
furnishing a complete unit.
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Attachment 1: Vendor Submittal - Vendor’s Non-Response Statement
The sole intent of the Collier County Procurement Services Division is to issue solicitations that are
clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why
prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB,
please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via
email or fax to the Procurement Strategist listed on the first page or mail to: Collier County
Procurement Services Division, 3327 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s):
Solicitation: #17-7054 – Beach Maintenance Activities
Services requested not available through our company.
Our firm could not meet specifications/scope of work.
Specifications/scope of work not clearly understood (too vague, rigid, etc.)
Project is too small.
Insufficient time allowed for preparation of response.
Incorrect address used. Please correct mailing address:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Other reason(s):
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Firm’s Complete Legal Name
__________________________________________________
Address
__________________________________________________
City, State, Zip
__________________________________________________
Telephone Number
__________________________________________________
FAX Number
__________________________________________________
Signature / Title
__________________________________________________
Type Name of Signature __________________________________ Date: ______
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Attachment 2: Vendor’s Check List
IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the
spaces indicated and return with bid.
Vendor should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. Proof of five (5) years experience in Beach Activities.
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. 3 references that include contact name, company name, address and telephone and/or email
address.
13. The bid will be mailed or delivered in time to be received no later than the specified opening date
and time. (Otherwise bid cannot be considered.)
When submitting bid electronically, bidder will need to download all related documents on
www.colliergov.net/bid. The system will date and time stamp when the addendum files were
downloaded.
Company Name
Signature & Title
Date
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Attachment 3: Vendor Submittal - Bid Response Form
FROM: __________________________________
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: #17-7054 – Beach Maintenance Activities
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:
17 BASE A + B TOTAL $
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
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.
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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
__________________________________________________
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Attachment 4: Vendor Submittal – Local Vendor Preference Affidavit
Solicitation: #17-7054 – Beach Maintenance Activities (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 submi tted 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)
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Attachment 5: Vendor Submittal – Immigration Affidavit
Solicitation: #17-7054 – Beach Maintenance Activities
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal
Invitations to Bid (ITB’s) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll
in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the
vendor’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company
Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to
include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor /
Bidder’s proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of
the Immigration and Nationality Act (“INA”).
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the
INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be
grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act
and subsequent Amendment(s)) and agrees to comply with the provisions of the Memo randum 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.
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Attachment 6: Vendor Substitute W – 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name ___________________________________________________________________________________
(as shown on income tax return)
Business Name ___________________________________________________________________________________
(if different from taxpayer name)
Address ____________________________________ City _______________________________________________
State ______________________________________ Zip ________________________________________________
Telephone __________________ FAX ______________________ Email __________________________________
Order Information
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 _____________________________
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Title ________________________________________________________
Phone Number _____________________
#17-7054 – Beach Maintenance Activities
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Attachment 7: Vendor Submittal - Insurance and Bonding Requirements
Insurance / Bond Type Required Limits
1. Worker’s
Compensation
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
2. Employer’s Liability
$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 $ 500,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. Other insurance as
noted:
Watercraft $ __________ Per Occurrence
United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ __________ Per Occurrence
Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ __________ Per Occurrence
Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ __________ Per Occurrence
Pollution $ __________ Per Occurrence
Professional Liability $__________ per claim and in
the aggregate
$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
#17-7054 – Beach Maintenance Activities
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33
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 Col lier 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 12/1/2016
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 _________________
Section A: Provide an all inclusive rate in dollars for lines 1-12. The amount input will be automatically multiplied by the column entitled
multiplier to yield a total for each line. Totals for lines 1 - 12 will be totaled in line 13 BASE A BID.
Line
#
Description -
(All equipment should include operator) Unit of Measure Multiplier Rate Total Rate Total
1 Backhoe Hourly 95 $95.00 $9,025.00 $160.00 $15,200.00
2 Mobilization - Backhoe Lump Sum 1 $300.00 $300.00 $800.00 $800.00
3 Dump Truck Hourly 100 $80.00 $8,000.00 $85.00 $8,500.00
4 Mobilization - Dump Truck Lump Sum 1 $80.00 $80.00 $150.00 $150.00
5 Tractor with Box Blade Hourly 125 $95.00 $11,875.00 $85.00 $10,625.00
6 Mobilization - Tractor with Box Blade Lump Sum 1 $300.00 $300.00 $300.00 $300.00
7 Loader Hourly 100 $100.00 $10,000.00 $135.00 $13,500.00
8 Mobilization - Loader Lump Sum 1 $300.00 $300.00 $500.00 $500.00
9 Tilling Per Acre 24 $330.00 $7,920.00 $500.00 $12,000.00
10 Mobilization - Tilling Lump Sum 1 $1,000.00 $1,000.00 $2,000.00 $2,000.00
11 Grader Hourly 75 $130.00 $9,750.00 $150.00 $11,250.00
12 Mobilization - Grader Lump Sum 1 $300.00 $300.00 $800.00 $800.00
13 TOTAL BASE BID A $58,850.00 $75,625.00
Section B: Provide a markup percentage (in decimal form) on rental equipment in line 14. The percentage will be multiplied by the
column titled multiplier to yield a Total. Report line 15 BASE A+B TOTAL on Attachment 3: Bid Schedule
Line
#
Description - (All
equipment should include operator) Unit of Measure Multiplier Rate Total Rate Total
14 Markup on rental equipment (percentage)Percentage $8,000 0.1 $8,800.00 0.5 $12,000
15 BASE A + B TOTAL $67,650.00 $87,625.00
Eastman Aggregates Earth Tech
Attachment 8: Bid Schedule
17-7054 - Beach Maintenance Activities
Project Manager: Clint Perryman
Procurement: Adam Northrup
Bid Tabulation
17-7054 - Beach Maintenance Activities
Notifications Sent: 1802
Downloaded: 42
Submissions: 2
1 of 1
Item Description Eastman Aggregates Earthtech
15 TOTAL BASE A+B $67,650.00 $87,625.00
Attachment 2: Checklist x x
Attachment 3: Bid Response x x
Attachment 4: LVP x
Attachment 5: Immigration x x
Attachment 6: W9 x x
Attachment 7: Insurance x x
Addendum 1 x x
Everify x x
Equipment List x x
Sunbiz x x
License x x
References x x
Opened / Date:Adam Northrup, 2/21/2017 3:00PM
Witness Lissett Delarosa
Date: 2/22/2017
0 it -tint
Administrative Services Department
rncur«oma nt >er,ices D=visi(Ort
Notice of Recommended Award
Solicitation : 17-7054 —Beach Maintenance Activities
Due Date and Time: 2/21/2017; 3:OOPM
Respondents:
Company Name City County State Bid Amount Responsive/Responsible
Eastman Aggregates Lake Worth Palm Beach FL $67,650,00 Yes
Earthtech Enterprises Naples Collier FL $87,625.00 Yes
Utilized Local Vendor Preference: Yes 0 No W
Recommended Vendors) For Award: Eastman Aggregates
Required Signatures
cn=adamnorthrup@collier
Procurement Strategist: '00'05- 09:08:09 2017.02.22
P entrvicesDirector:
i
Edward F. Coyman Jr.
A G R E E M E N T 17-7054
for
Beach Maintenance Activities
THIS AGREEMENT is made and entered into this day of , 20 , by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision
of the State of Florida (hereinafter referred to as the "County" or "Owner") and Eastman Aggregate
Enterprises, LLC, authorized to do business in the State of Florida, whose business address is 3705
Bellevue Avenue, Lake Worth, FL 33461 (hereinafter referred to as the "Contractor").
WITNESSETH:
TERM AND COMMENCEMENT. The Agreement shall be for a three (3) year period,
commencing on Board award and terminating three years from that date, or until such time as all
outstanding Purchase Orders issued prior to the expiration of the Agreement period have been
completed or terminated.
The County may, at its discretion and with the consent of the Contractor, renew the Agreement
under all the terms and conditions contained in this Agreement for two (2) additional, one (1) year
renewals. The County shall give the Contractor written notice of the County's intention to renew
the Agreement term prior to the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement under all of
the terms and conditions contained in this Agreement for up to one hundred eighty (180) days.
The County Manager, or his designee, shall give the Contractor written notice of the County's
intention to extend the Agreement term prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall provide Beach Maintenance Activities for the
Coastal Zone Management Division in accordance with the terms and conditions of Invitation to
Bid #17-7054 and Exhibit A "Scope of Work," hereby attached and incorporated by reference
and made an integral part of this Agreement.
2.1 The execution of this Agreement shall not be a commitment to the Contractor that any Work
will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the
procedure to obtain Work and all Work undertaken by Contractor for Owner pursuant to this
Agreement during the term and any extension of the term of this Agreement. Any County Agency
may utilize the services offered under this Agreement, provided sufficient funds are included in the
budget(s).
2.2 The procedure for obtaining Work under this Agreement is as follows:
Prior to the start of each individual job or group of jobs, the user division shall provide a
description of Work to be performed to the Contractor. The Contractor shall have five (5) business
days to respond with an estimate of the work, in accordance with the prices listed on Exhibit B
"Price Schedule," and that they are willing and able to complete the job(s) in the required time
frame.
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#17-7054 'Beach Maintenance Activities"
If the using division accepts the estimate, they will then issue a Purchase Order to authorize work
to begin.
In each description of Work, the Owner reserves the right to specify the period of completion or
collection of liquidated damages, in the event of late completion. The County reserves the right to
bid any job with an estimated cost of $25,000 or more. No single job may exceed $200,000
without additional Board approval.
2.3 This Agreement contains the entire understanding between the parties and any modifications
to this Agreement shall be mutually agreed upon in writing by the Contractor and the County
Project Manager or designee, in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures in effect at the time such services are authorized.
3. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of the Work
pursuant to the lump sum, time and material, and unit prices offered by the Contractor in response
to Invitation to Bid # 17-7054 per Exhibit B "Price Schedule," attached hereto, and pursuant to
the Price Methodology in Section 3.1.
3.1 Price Methodolo
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred
from the County to the contractor; and, as a business practice there are no hourly or material
invoices presented, rather, the contractor must perform to the satisfaction of the County's project
manager before payment for the fixed price contract is authorized.
Time and Materials: The County agrees to pay the contractor for the amount of labor time spent
by the contractor's employees and subcontractors to perform the work (number of hours times
hourly rate), and for materials and equipment used in the project (cost of materials plus the
contractor's mark up). This methodology is generally used in projects in which it is not possible to
accurately estimate the size of the project, or when it is expected that the project requirements
would most likely change. As a general business practice, these contracts include back-up
documentation of costs, invoices would include number of hours worked and billing rate by
position (and not company (or subcontractor) timekeeping or payroll records), material or
equipment invoices, and other reimbursable documentation for the project.
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.
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
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#17-7054 `Beach Maintenance Activities"
Eastman Aggregates Enterprises, LLC
3705 Bellevue Avenue
Lake Worth, FL 33461
Phone: 561-969-71471 Fax: 561-434-3477
Attn: Bernard Eastman, Owner
Email: Bernie(cyeastmanagg.com
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Board of County Commissioners for Collier County, Florida
c/o Coastal Zone Management
2685 South Horseshoe Drive, Unit 103
Naples, FL 34104
Telephone: 239-252-2966 1 Fax: 239-252-2950
Attention: Gary McAlpin, Manager
Email: AW Yi k ii ui� i �u v'vilic +tj > V., 1"
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Agreement must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6., PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay
for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and
other similar taxes associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct
any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to continue
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#17-7054 "Beach Maintenance Activities"
until the violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION. With respect to this Agreement, should the Contractor be found to have failed to
perform the Work in a manner satisfactory to the County and requirements of this Agreement, the
County may terminate said Agreement 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. With respect to a particular Project, termination shall be governed by the terms
of the Purchase Order.
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $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.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000, Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -
Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of $1,000,000, for each accident.
Special Requirements: Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR, Collier County Government shall be listed as the
Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for
Commercial General Liability where required. This insurance shall be primary and non-
contributory with respect to any other insurance maintained by, or available for the benefit of, the
Additional Insured and the Contractor's policy shall be endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. The Contractor shall provide County with
certificates of insurance meeting the required insurance provisions. Renewal certificates shall be
sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the
policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written
notice, or in accordance with policy provisions. Contractor shall also notify 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 Contractor from its insurer, and
nothing contained herein shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance requirements
that the Contractor is required to meet.
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#17-7054 "Beach Maintenance Activities"
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
defend, 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 or anyone employed or utilized by the Contractor in the performance of
this Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified party or
person described in this paragraph. This section does not pertain to any incident arising from the
sole negligence of Collier County.
11.1 The duty to defend under this Article 11 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon presentation of a
claim by any party and written notice of such claim being provided to Contractor. Contractor's
obligation to indemnify and defend under this Article 11 will survive the expiration or earlier
termination of this Agreement until it is determined by final judgment that an action against the
County or an indemnified party for the matter indemnified hereunder is fully and finally barred by
the applicable statute of limitations.
12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof,
because of defective or incomplete work, subsequently discovered evidence or subsequent
inspections. The Owner may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this Agreement or
any other Agreement between Owner and Contractor, to such extent as may be necessary in the
Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of
Contractor to make payment properly to subcontractors or for labor, materials or equipment, (d)
reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount;
(e) reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the
Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any sums
due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner,
whether relating to or arising out of this Agreement or any other agreement between Contractor
and Owner.
13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications
shall be approved in writing by Owner in advance.
14. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an estimate of any cost or time increases or savings it foresees as a result of the
change. Except in an emergency endangering life or property, or as expressly set forth herein, no
addition or changes to the Work shall be made except upon modification of the Purchase Order by
Owner, and Owner shall not be liable to the Contractor for any increased compensation without
such modification. No officer, employee or agent of Owner is authorized to direct any extra or
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#17-7054 "Beach Maintenance Activities"
changed work orally. Any modifications to this Agreement shall be in compliance with the County
Purchasing Ordinance and Procedures in effect at the time such modifications are authorized.
15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in accordance with the Procurement Ordinance, as amended, and Procurement
Procedures.
16. COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including
specifically those contractual requirements in F.S. § 119.0701(2)(a) -(b) as stated 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 -
1 .
aw:
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.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the County in writing. Failure by the Contractor to comply with the laws referenced herein
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#17-7054 "Beach Maintenance Activities"
shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally
terminate this Agreement immediately.
17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and
waste materials arising out of the Work. At the completion of the Work, Contractor shall remove
all debris, rubbish and waste materials from and about the Project site, as well as all tools,
appliances, construction equipment and machinery and surplus materials, and shall leave the
Project site clean and ready for occupancy by Owner.
18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part
thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the
obligations and responsibilities that Contractor has assumed toward Owner.
19. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the Invitation to Bid, the Contractor's Proposal, and/or the
County's Board approved Executive Summary, the Contract Documents shall take precedence.
20. WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered
by this Agreement will conform to the requirements as specified, 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. Any services provided under this Agreement shall be provided in accordance with generally
accepted professional standards for the particular service. These warranties shall survive
inspection, acceptance, passage of title and payment by the County.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement or
repair. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law.
21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed and
courteous. Subject to the American with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Contractor 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.
22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or
regulations of any public authority having jurisdiction over the Project requires any portion of the
Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility
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#17-7054 "Beach Maintenance Activities"
r
therefore, pay all costs in connection therewith and furnish to the Owner the required certificates
of inspection, testing or approval. All inspections, tests or approvals shall be performed in a
manner and by organizations acceptable to the Owner.
23. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work
or materials of Owner or Owner's separate contractors, Contractor shall be charged with
the same, and any monies necessary to replace such loss or damage shall be deducted
from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is
legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner.
The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or
the Work or property at the Project site or adjacent thereto, Contractor, without special instruction
or authorization from Owner is obligated to act to prevent threatened damage, injury or loss.
Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of
the emergency, if Contractor believes that any significant changes in the Work or variations from
the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a written Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the
Contract Amount or an extension to the Contract Time.
25. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Coastal Zone Management Division.
26. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim, including: Contractor's Proposal, Insurance Certificate(s), Invitation To Bid #17-7054
any addenda, Exhibit A — Scope of Work, Exhibit B —Price Schedule, and subsequent quotes,
made or issued pursuant to this Agreement.
27. 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, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of
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#17-7054 `Beach Maintenance Activities"
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 Agreement held by the individual and/or firm for cause.
28. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
29. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work. No
markup shall be applied to sales tax.
30. IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it is 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
Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement
and the County shall have the discretion to unilaterally terminate this Agreement immediately.
31. VENUE. Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
32. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and
agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or
resultant Agreement to other governmental entities at the discretion of the successful proposer.
33. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect.
34. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended.
Background checks are valid for five (5) years and the Contractor shall be responsible for all
associated costs. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Division for all employees that shall provide
services to the County under this Agreement. This may include, but not be limited to, checking
federal, state and local law enforcement records, including a state and FBI fingerprint check, credit
reports, education, residence and employment verifications and other related records. Contractor
shall be required to maintain records on each employee and make them available to the County
for at least four (4) years.
All of Contractor's employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and properties.
Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed
each year at no cost to the Contractor during the time period in which their background check is
valid, as discussed below. All technicians shall have on their shirts the name of the contractor's
business.
Page 9 of 13
#17-7054 "Beach Maintenance Activities"
The Contractor shall immediately notify the Collier County Facilities Management Division via e-
mail (DL -FM(-` co'o� v.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.
35. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would make the
presentation of any settlement reached during negotiations to County for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached at mediation to
County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla.
Stat.
36. SAFETY. All contractors and subcontractors 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.
Also all Contractors and subcontractors 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.
Collier County Government has authorized the Occupational Safety and Health Administration
(OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of
inspection of any Contractor's work operations. This provision is non-negotiable by any
division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all
Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA
onto a project that is being performed on Collier County Property. Collier County, as the owner of
the property where the project is taking place shall be the only entity allowed to refuse access to
the project. However, this decision shall only be made by Collier County's Risk Management
Division Safety Manager and/or Safety Engineer.
********************************* Remainder of page intentionally left blank
Page 10 of 13
#17-7054 "Beach Maintenance Activities"
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
Dated:
(Seal)
First Witness
S� zn 11-iemou" r
Type/Print Witnessaam�g/�
.- n „ kt i, PAM- I I Ln
Second Witness
m-ICi,,llp
Type/Print Witness Name
Approved as to Form and Legality:
Deputy County Attorney
By:
Penny Taylor, Chairman
Eastman Aggregate
Contract
By:
Signature
Typed Signature
Managy)P me,-4bz-/
Title
Enterprises, LLC
Page 11 of 13
#17-7054"Beach Maintenance Activities'
Exhibit A — Scope of Work
The CONTRACTOR shall provide labor and equipment to perform maintenance activities on the
beaches in Collier County including, but not limited to, Vanderbilt Beach, Park Shore, the City of
Naples and the City of Marco.
The following activities are an example of the services that might be ordered, but in no way is
this list meant to be all inclusive.
1. ESCARPMENT REMOVAL: The formation of ridges which interfere with marine turtle nesting or
which exceed eighteen (18) inches in height for a distance of one hundred (100) feet or more
shall be mechanically leveled to the natural beach contour. The use of a road grader is the
preferred method for performing this function.
2. BEACH TILLING: The CONTRACTOR shall till the beach area between the seaward edge of
vegetation/seawall line and the mean high water line (approximate elevation, 1.7 NGVD) with
equipment operated so as to penetrate and loosen beach sand (a) to a depth of thirty-six (36)
inches and (b) laterally without leaving unloosened compacted sand between the adjacent
paths of tines or penetrating part of the equipment. (Suitable equipment is Caterpiller D9L/No.
9 Adjustable Parallelogram Multishank Ripper, or equal.) Upon completion of any tilling, the
beach shall be dragged to remove any ruts created by the tilling process.
3. DEBRIS REMOVAL: After certain storm events, it may be necessary to remove excess debris
which cannot be removed by the routine beach cleaning operation. Such may involve the use
of front end loaders (w/root rake), backhoes, dump trucks and labor.
4. BEACH GRADING: Following activities such as debris removal, it may be necessary to perform
certain beach grading to remove tire ruts and restore changes to the natural beach contour as a
result of those activities. The use of a large box blade (minimum width of twelve (12) feet) or
other similar equipment is preferred for performing this function.
NEW WORK/ESTIMATES: The CONTRACTOR shall provide written estimates on all projects except
on emergencies. This estimate shall include the estimated number of hours, number and types of
equipment required, and number of working days required for project completion. This information is
necessary for use in preparing the purchase order to provide authorization for each project.
SAFETY: The CONTRACTOR and all approved subcontractors performing service for the COUNTYy
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. Also, CONTRACTOR and approved subcontractors 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.
EQUIPMENT: The CONTRACTOR'S equipment must be in good repair and have available all
equipment necessary to perform the described services in particular and the equipment necessary to
complete related tasks.
Page 12 of 13
#17-7054 `Beach Maintenance Activities'"
Exhibit B —Price Schedule
Line
#
Description -
(All equipment include operator)
Unit of Measure
Rate
1
Backhoe
Hourly
$95.00
2
Mobilization - Backhoe
Lump Sum
$300.00
3 j
Dump Truck
Hourly
$80.00
4
Mobilization - Dump Truck
Lump Sum
$80.00
5
Tractor with Box Blade
Hourly
$95.00
6
Mobilization - Tractor with Box Blade
Lump Sum
$300.00
7
Loader
Hourly
$100.00
8
Mobilization - Loader
Lump Sum
$300.00
9
Tilling
Per Acre
$330.00
10
Mobilization - Tilling
Lump Sum
$1,000.00
11
Grader
Hourly
$130.00
12
Mobilization - Grader
Lump Sum
$300.00
13
Markup on rental equipment (percentage)
Percentage
0.10
Page 13 of 13
#17-7054 `Beach Maintenance Activities"