Agenda 10/13/2015 Item #16E410/13/2015 16.E.4.
F.XF,CUTIVES MMARY
�1 Recommendation to award ITB # 15- 6473R, "Paint and Related Items," to Sherwin
Williams Co. as the primary vendor and Sunshine Ace Hardware Inc. as the secondary
vendor for painting supplies for a period of one (1) year with up to three (3) annual
renewal options.
OBJECTIVE: To obtain painting materials required for upkeep and maintenance in the most cost
effective manner for the County.
CONSMERA IONS: The Division of Facilities Management regularly uses a variety of painting
supplies to maintain and restore facilities belonging to Collier County. Maintaining the paint of
facilities minimizes the amount of wear, protects, and extends the life of the structure. Approval of the
award of ITB # 15 -6473R will ensure that painting supplies are readily available to keep County
facilities in the best possible conditions. The award will be made using a County standard purchase
order.
On July 17, 2015, the Procurement Services Division solicited proposals from multiple painting related
companies. A total of three hundred (300) notices were sent electronically and thirty-three (33)
companies downloaded the solicitation packet. Of the packets downloaded, a total of four (4) vendors
responded by the August 7, 2015 closing date. Of the four (4) vendors, only three (3) submitted
completed packets for further endorsement. Three (3) of the four companies were able to complete the
bid process. The fourth company, WW Grainger was incomplete.
The vendor award formula is based on the lowest price for the total of items 1 -8 on the bid schedule
(See Attachment 2). The County's award is to the vendor who has the lowest overall total for the
primary contract and the second lowest as the secondary contract. The primary and secondary vendor
will provide a discount and provide it on all products sold to the County as expressed on item 9 on the
bid schedule (See Attachment 2) for the duration of the contract.
The staff has reviewed all bids and recommendations approval to award Sherwin Williams Co.
as the primary vendor and Sunshine Ace Hardware Inc. as the secondary vendor.
FISCAL IMPACT: The base annual amount of the paint supplies is estimated to be $50,000 plus
funding for unanticipated expenditures. Funds are budgeted in the Division of Facilities Management's
general fund (001) operating cost center (122240).
GROWTHMANA * .MF,NTTMPACT: There is no impact to Growth Management for ITB # 15-
6473R.
LEGAL. CONSID .RATIONS: This item has been approved as to form and legality and requires
majority vote for approval. — CMG
RECOMMENDATION: That the Board of County Commissioners awards ITB # 15 -6473R,
"Paint and Related Items," to Sherwin Williams Co. as the primary vendor and Sunshine Ace
Hardware Inc. as the secondary vendor for painting supplies for a period of one (1) year with up to
three (3) annual renewal options.
Prepared By: Miguel Carballo, CPM, Facilities Manager, Division of Facilities Management
Attachments: 1) ITB # 15 -6473R Paint and Related Items 2) Vendor Bid Sheet
Packet Page -1679-
^ COLLIER COUNTY
Board of County Commissioners
10/13/2015 16. EA
Item Number: 16.16.E.16.E.4.
Item Summary: Recommendation to award ITB # 15- 6473R, "Paint and Related Items," to
Sherwin Williams Co. as the primary vendor and Sunshine Ace Hardware Inc. as the secondary
vendor for painting supplies for a period of one (1) year with up to three (3) annual renewal
options.
Meeting Date: 10/13/2015
Prepared By
Name: CarballoMiguel
Title: Manager - Facilities, Administrative Services Department
9/14/2015 11:05:35 AM
Submitted by
Title: Manager - Facilities, Administrative Services Department
Name: CarballoMiguel
9/14/2015 11:05:36 AM
Approved By
Name: pochopinpat
Title: Operations Coordinator, Administrative Services Department
Date: 9/15/2015 1:04:18 PM
Name: LinguidiDennis
Title: Division Director - Facilities Mgmt, Administrative Services Department
Date: 9/18/2015 8:50:48 AM
Name: CatoeMatthew
Title: Procurement Specialist, Administrative Services Department
Date: 9/18/2015 11:02:04 AM
Name: MarkiewiczJoanne
Title: Division Director - Procurement Services, Administrative Services Department
^' Date: 9/19/2015 6:04:01 AM
Packet Page -1680-
10/13/2015 16.E.4.
Name: JohnsonScott
Title: Manager - Procurement, Administrative Services Department
Date: 9/21/2015 12:59:45 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 9/21/2015 3:40:08 PM
Name: PriceLen
Title: Department Head - Administrative Svc, Administrative Services Department
Date: 9/29/2015 8:37:42 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 10 /1/2015 8:50:39 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/1/2015 11:46:52 AM
Name: WellsLaura
Title: Management /Budget Analyst, Senior, Office of Management & Budget
Date: 10/ 1 /2015 4:37:06 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 10/2/2015 10:12:27 AM
Packet Page -1681-
10/13/2015 16. EA.
Corer Cou"ty
Administrative Services Department
Procurement Services Division
INVITATION TO BID
Date: July 17, 2015
From: Matt Catoe, Procurement Strategist
(239) 252 -8929 (Telephone)
(239) 252 -6421 (FAX)
matthewcatoe @colliergov.net (Email)
To: Prospective Vendors
Subject: Solicitation: ITB 15 -6473R - Paint & Related Items
As requested by the Facilities 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
Purchasing Department 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: Miguel Carballo
Note: All ITB responses submitted must include one (1) original labeled MASTER,
along with one (1) exact duplicate copy, including all required forms.
,°ra ane�i 9c.: rcxs n 3327 Tartuami Tram easi - Naples, FWida *7112 -4901 •233'40,707 -»uu ccd ergov mUprocuremerf{serffxs
ITB 15 -6473R
Paint & Related Items
Packet Page -1682-
10/13/2015 16.E.4.
Invitation to Bid
Index
PublicNotice ................................................................................ ...............................
Exhibit I: Scope of Work, Specifications and Response Format . ...............................
Exhibit II: General Bid Instructions .............................................. ...............................
Exhibit III: Standard Purchase Order Terms and Conditions ....... ...............................
Exhibit IV: Additional ITB Terms and Conditions ......................... ...............................
Attachment 1: Vendor Submittal - Vendor's Non - Response Statement .......................
Attachment 2: Vendor's Check List .............................................. ...............................
Attachment 3: Vendor Submittal - Bid Response Form ................ ...............................
Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit .........................
Attachment 5: Vendor Submittal — Immigration Affidavit ............... ...............................
Attachment 6: Vendor Substitute W — 9 ........................................ ...............................
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements ...................
ITB 15 -6473R
Paint & Related Items
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............... 3
............... 4
............... 7
..............13
..............16
..............22
..............23
..............24
..............26
..............27
..............28
..............29
7
10/13/2015 16. EA.
coi.[ier County
Administrative Services Department
Procurement Services Division
Public Notice
Sealed bid responses for Solicitation 15 -6473R - Paint & Related Items, will be received
electronically only at the Collier County Government, Purchasing Department, 3327 Tamiami
Trail E, Naples, FL 34112 until 3:00 PM, Collier County local time on August 7, 2015.
Solicitation responses received after the stated time and date will not be accepted.
Solicitation 15 -6473R - Paint & Related Items
No pre -bid conference will be held for this solicitation
All questions regarding this ITB must be submitted online on the Collier County Purchasing
Department 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 Purchasing Department Online Bidding System
website noted herein. ITB Documents obtained from sources other than Collier County
Purchasing may not be accurate or current.
Collier County encourages vendors to utilize recycled paper on all manual bid response
submittals.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Joanne Markiewicz
Director, Procurement Services Division
Publicly posted on the Collier County Purchasing Department website:
www.colliergov.net /purchasing and in the lobby of the Purchasing Building on July 17, 2015.
ITB 15 -6473R
Paint & Related Items
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10/13/2015 16.E.4.
Exhibit I: Scope of Work, Specifications and Response Format ^
As requested by the Collier County Facilities 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 Purchasing Policy.
Brief Description of Purchase
Collier County is requesting that vendors submit a quote for paint and paint related products. The
County uses approximately 40,000 gallons of a wide variety of paint per year, plus paint - related
items such as paint brushes, rollers, roller poles, solvents, etc. Historically, County departments
have spent approximately $115,000.
Detailed Scope of Work
All items will be picked -up on an as- needed basis by employees from various County departments.
County employees purchasing items must provide the vendor with a numbered and signed purchase
order or a Collier County Purchasing Card. No sale shall be transacted without a purchase order
number or Collier County Purchasing Card being provided to the vendor.
All bidders responding to this bid are required to offer a percentage below retail discount for each size
paint container and name the brand and catalog number of paint for each of the various size paint
containers available. The brand name paint offered shall be top -of- the -line paint for the stated
manufacturer. Also, the bidder shall offer a percentage below retail discount for related paint items.
The successful bidder(s) shall have an established retail place of business with a service counter
located within 15 miles of Collier County Government Complex located at 3301 Tamiami Trail E.
Naples, Florida 34112.
Safety Data Sheet: All bidders shall provide a Safety Data Sheet for each kind of paint bid with their
bid. The County reserves the right to verify that the paint will meet the County's requirements before
bid award, and if necessary, request samples for testing purposes at no charge to the County.
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. r
• Prices will be read in public exactly as input on the electronic bid response form or written on
the manually submitted Bid Response Page(s) at the time of the bid opening; however, should
ITB 15 -6473R
Paint & Related Items
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10/13/2015 16.E.4.
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 Purchasing Department reserves the right to clarify a vendor's proposal prior to
the award of the solicitation.
• It is the intent of Collier County to award to the lowest, qualified and responsive vendors) in
accordance with the following methodology:
• Award Formula: The County shall total items 1 - 8 (County Price) on the Bid Schedule
to determine the vendor with the lowest price of product to the County (County Price).
Item 9 will be used during the contract period for a discount to be applied for all paint
related items and shall not be used in determining the overall lowest vendor price for
AWARD PURPOSES.
• The County intends to award to the vendor who has the overall lowest TOTAL FOR
AWARD PURPOSES as the primary contract, and the second lowest as the secondary
contract.
• The primary and secondary vendor shall hold the discount and provide it on all
products sold to the County expressed on the Bid Schedule for the contract duration.
Collier County reserves the right to select one, or more than one suppliers, however, it is the
intent to select a primary and secondary vendor.
• The contract will be in the form of a standard County Purchase Order.
Term of Contract
The contract term, if an award(s) is /are made is intended to be for one (1) year with three (3) one
(1) year renewal option.
Prices shall remain firm for the initial term of this contract. Requests for consideration of a price
adjustment must be made on the contract anniversary date, in writing, to the Procurement
Director. Price adjustments are dependent upon the consumer price index (CPI) over the past
twelve (12) months, budget availability and program manager approval.
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
July 17, 2015
Last Date for Receipt of Written Questions
July 31, 2015, 5:00
PM, EST.
Addendum Issued Resulting from Written Questions
August 4, 2015
Solicitation Deadline Date and Time
August 7, 2015, 3:00
PM, EST.
Anticipated Evaluation of Submittals
Au ust 2015
Anticipated Board of County Commissioner's Contract
Approval Date
September 2015
ITB 15 -6473R
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10/13/2015 16.E.4.
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 Requirements
ITB 15 -6473R
Paint & Related Items
Packet Page -1687-
Exhibit II: General Bid Instructions
1. Purpose /Objective
10/13/2015 16.E.4.
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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Paint & Related Items
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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 rip or to
the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through
a notice of addendum or questions and answers to all vendors registered under the applicable
commodity code(s) at the time when the original ITB was released, as well as those vendors who
downloaded the ITB document. Additionally, all addendums are posted on the Collier County
Purchasing Department Online Bidding System website: www.colliergov.net /bid. Before submitting
a bid response, please make sure that you have read all, understood clearly and complied
completely with any changes stated in the addenda as failure to do so may result in the rejection
of your submittal.
8. Bid Submission
All electronic bids shall be submitted online via the Collier County Purchasing Department Online
Bidding System: www.colliergov.net /bid.
All paper bids shall be submitted to the County Procurement Director, Collier County Government,
Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, by the date and time as stated
in the Legal Notice. The County assumes no responsibility for bid responses received after the
due date and time, or at any office or location other than that specified herein, whether due to mail
delays, courier mistakes, mishandling, inclement weather or any other reason. Late bid responses
shall be returned unopened, and shall not be considered for award. Vendors must submit one 1
Paper copy clearly labeled "Master," along with one (1) exact duplicate copy, including all
required forms. 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 Purchasing Department internet bid site.
9. Questions
If the vendor should be of the opinion that the meaning of any part of the Bid Document is
doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement
Strategist before the bid opening date. Direct questions related to this ITB only to the Collier
ITB 15 -6473R
Paint & Related Items
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County Purchasing Department Internet website: www.colliergov.net/bid. Questions will not be
/'� answered after the date noted on the ITB.
Vendors must clearly understand that the only official answer or position of the County will be the
one stated on the Collier County Purchasing Department Online Bidding System website. For
general questions, please call the referenced Procurement Strategist identified in the Public
Notice.
10. Protests
Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest
with the Procurement Director prior to the time of the bid opening strictly in accordance with the
County's then current purchasing ordinance and policies.
11. Rejection and Waiver
The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to
select the bid that best meets the requirements of the County.
Vendors whose bids, past performance or current status do not reflect the capability, integrity or
reliability to fully and in good faith perform the requirements denoted may be rejected as non-
responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide
all required information, documents or materials may be rejected as non - responsive.
12. Local Vendor Preference (LVP)
The 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 Purchasing Ordinance.
Local business means the vendor has a current Business Tax Receipt issued by the Collier
County Tax Collector for at least one year prior to bid or proposal submission to do business
within Collier County, and that identifies the business with a permanent physical business address
located within the limits of Collier County from which the vendor's staff operates and performs
business in an area zoned for the conduct of such business. A Post Office Box or a facility that
receives mail, or a non - permanent structure such as a construction trailer, storage shed, or other
non - permanent structure shall not be used for the purpose of establishing said physical address.
In addition to the foregoing, a vendor shall not be considered a "local business" unless it
contributes to the economic development and well -being of Collier County in a verifiable and
measurable way. This may include, but not be limited to, the retention and expansion of
employment opportunities, support and increase to the County's tax base, and residency of
employees and principals of the business within Collier County. Vendors shall affirm in writing their
compliance with the foregoing at the time of submitting their bid or proposal to be eligible for
consideration as a "local business" under this section. A vendor who misrepresents the Local
Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to
claim Local Preference status for a period of up to one year.
Under this solicitation, bidders desiring to receive local preference will be invited and required to
affirmatively state and provide documentation as set forth in the solicitation in support of their
101*41.1 status as a local business. Any bidder who fails to submit sufficient documentation with their bid
offer shall not be granted local preference consideration for the purposes of that specific
contract award. Except where federal or state law, or any other funding source, mandates to the
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Paint & Related Items
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contrary, Collier County and its agencies and instrumentalities, will give preference to local
businesses in the following manner. '^
Competitive bid (local price match option). Each formal competitive bid solicitation shall
clearly identify how the price order of the bids received will be evaluated and determined.
When a qualified and responsive, non -local business submits the lowest price bid, and the bid
submitted by one or more qualified and responsive local businesses is within ten percent of the
price submitted by the non -local business, then the local business with the apparent lowest bid
offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the
price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In
such instances, staff shall first verify if the lowest non -local bidder and the lowest local bidder
are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if
the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to
businesses with drug -free workplace programs). If the lowest local bidder meets the
requirements of Fla. Stat. Sec. 287.087, the Purchasing Department shall invite the lowest
local bidder to submit a matching offer, less one (1) dollar, within five (5) business days
thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less
one (1) dollar, f ro m the lowest non -local bidder tendered previously, then award shall be made
to the local bidder. If the lowest local bidder declines or is unable to match the lowest non -
local bid price(s), then award will be made to the lowest overall qualified and responsive bidder.
If the lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087, and the
lowest non -local bidder does, award will be made to the bidder that meets the requirements of the
reference state law.
Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a
Local Business which is included as part of this solicitation.
Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude
said Bidder from being considered for local preference on this solicitation.
A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the
County will lose the privilege to claim Local Preference status for a period of up to one (1) year.
The County may, as it deems necessary, conduct discussions with responsible bidders
determined to be in contention for being selected for award for the purpose of clarification to
assure full understanding of, and responsiveness to solicitation requirements.
13. Immigration Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E- Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides
an Internet -based means of verifying employment eligibility of workers in the United States; it is
not a substitute for any other employment eligibility verification requirements. The program will be
used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including
professional services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County
Commissioners
ITB 15 -6473R 10
Paint & Related Items
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n Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence
of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of
the fully executed E- Verify Memorandum of Understanding for the company. Vendors are also
required to provide the Collier County Purchasing Department an executed affidavit certifying they
shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If
the Bidder/Vendor does not comply with providing both the acceptable E- Verify evidence
and the executed affidavit the bidder's / vendor's proposal maV 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.
/'e
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 seg. 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 Purchasing Department.
15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute
607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.org /search.html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
shall be identified. Firms who do not provide the certificate of authority at the time of response
shall be required to provide same within five (5) days upon notification of selection for award. If the
firm cannot provide the document within the referenced timeframe, the County reserves the right
to award to another firm.
16. General Information
When it is deemed by the County that a bid cannot be awarded as originally intended, the County
reserves the right to award this bid through an approach which is the best interest of the County.
Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying
as low bid, the County shall ask vendors to submit certification that they have a drug -free
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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 Purchasing Policy. Award
recommendations will be posted outside the offices of the Purchasing Department as well as on
the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the
County Commission meetings.
Any actual or prospective respondent who desires to formally protest the recommended contract
award must file a notice of intent to protest with the Procurement Director within two (2) calendar
days (excluding weekends and County holidays) of the date that the recommended award is
posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal
protest and will be given instructions as to the form and content requirements of the formal protest.
A copy of the "Protest Policy" is available at the office of the Procurement Director.
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Exhibit III: Standard Purchase Order Terms and Conditions
1. Offer
delivery; provided that risk of loss prior to
This offer is subject to cancellation by the
actual receipt of the goods by the COUNTY
COUNTY without notice if not accepted by
nonetheless remain with VENDOR.
VENDOR within fourteen (14) days of issuance.
b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
2. Acceptance and Confirmation
specifically stated in this Purchase Order.
This Purchase Order (including all documents
Unless otherwise provided in Purchase
attached to or referenced therein) constitutes
Order, no invoices shall be issued nor
the entire agreement between the parties, unless
payments made prior to delivery. Unless
otherwise specifically noted by the COUNTY on
freight and other charges are itemized, any
the face of this Purchase Order. Each delivery of
discount will be taken on the full amount of
goods and /or services received by the COUNTY
invoice.
from VENDOR shall be deemed to be upon the
c) All shipments of goods scheduled on the
terms and conditions contained in this Purchase
same day via the same route must be
Order.
consolidated. Each shipping container must
be consecutively numbered and marked to
No additional terms may be added and Purchase
show this Purchase Order number. The
Order may not be changed except by written
container and Purchase Order numbers must
instrument executed by the COUNTY. VENDOR
be indicated on bill of lading. Packing slips
is deemed to be on notice that the COUNTY
must show Purchase Order number and
objects to any additional or different terms and
must be included on each package of less
conditions contained in any acknowledgment,
than container load (LCL) shipments and /or
invoice or other communication from VENDOR,
with each car load of equipment. The
notwithstanding the COUNTY'S acceptance or
COUNTY reserves the right to refuse or
payment for any delivery of goods and /or
return any shipment or equipment at
services, or any similar act by VENDOR.
VENDOR'S expense that is not marked with
Purchase Order numbers. VENDOR agrees
3. Inspection
to declare to the carrier the value of any
All goods and /or services delivered hereunder
shipment made under this Purchase Order
shall be received subject to the COUNTY'S
and the full invoice value of such shipment.
inspection and approval and payment therefore
d) All invoices must contain the Purchase Order
shall not constitute acceptance. All payments are
number and any other specific information as
subject to adjustment for shortage or rejection.
identified on the Purchase Order. Discounts
All defective or nonconforming goods will be
of prompt payment will be computed from the
returned pursuant to VENDOR'S instruction at
date of receipt of goods or from date of
VENDOR'S expense.
receipt of invoices, whichever is later.
Payment will be made upon receipt of a
To the extent that a purchase order requires a
proper invoice and in compliance with
series of performances by VENDOR, the
Chapter 218, Fla. Stats., otherwise known as
COUNTY prospectively reserves the right to
the "Local Government Prompt Payment
cancel the entire remainder of the Purchase
Act," and, pursuant to the Board of County
Order if goods and /or services provided early in
Commissioners Purchasing Policy.
the term of the Purchase Order are
non - conforming or otherwise rejected by the
5. Time Is Of the Essence
COUNTY.
Time for delivery of goods or performance of
services under this Purchase Order is of the
4. Shipping and Invoices
essence. Failure of VENDOR to meet delivery
a) All goods are FOB destination and must be
schedules or deliver within a reasonable time, as
suitably packed and prepared to secure the
interpreted by the COUNTY in its sole judgment,
lowest transportation rates and to comply
shall entitle the COUNTY to seek all remedies
with all carrier regulations. Risk of loss of
available to it at law or in equity. VENDOR
any goods sold hereunder shall transfer to
agrees to reimburse the COUNTY for any
the COUNTY at the time and place of
expenses incurred in enforcing its rights.
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VENDOR further agrees that undiscovered
VENDOR shall indemnify and hold harmless the
delivery of nonconforming goods and /or services
COUNTY from any and all claims, including
is not a waiver of the COUNTY'S right to insist
claims of negligence, costs and expenses,
upon further compliance with all specifications.
including but not limited to attorneys' fees, arising
from, caused by or related to the injury or death
6. Changes
of any person (including but not limited to
The COUNTY may at any time and by written
employees and agents of VENDOR in the
notice make changes to drawings and
performance of their duties or otherwise), or
specifications, shipping instructions, quantities
damage to property (including property of the
and delivery schedules within the general scope
COUNTY or other persons), which arise out of or
of this Purchase Order. Should any such change
are incident to the goods and /or services to be
increase or decrease the cost of, or the time
provided hereunder.
required for performance of the Purchase Order,
an equitable adjustment in the price and /or
11. Warranty of Non - Infringement
delivery schedule will be negotiated by the
VENDOR represents and warrants that all goods
COUNTY and VENDOR. Notwithstanding the
sold or services performed under this Purchase
foregoing, VENDOR has an affirmative obligation
Order are: a) in compliance with applicable laws;
to give notice if the changes will decrease costs.
b) do not infringe any patent, trademark,
Any claims for adjustment by VENDOR must be
copyright or trade secret; and c) do not constitute
made within thirty (30) days from the date the
unfair competition.
change is ordered or within such additional
period of time as may be agreed upon by the
VENDOR shall indemnify and hold harmless the
parties.
COUNTY from and against any and all claims,
including claims of negligence, costs and
7. Warranties
expense, including but not limited to attorneys'
VENDOR expressly warrants that the goods
fees, which arise from any claim, suit or
and /or services covered by this Purchase Order
proceeding alleging that the COUNTY'S u,e of
will conform to the specifications, drawings,
the goods and /or services provided under this
samples or other descriptions furnished or
Purchase Order are inconsistent with VENC DR'S
specified by the COUNTY, and will be of
representations and warranties in section 11 'a).
satisfactory material and quality production, free
from defects and sufficient for the purpose
If any claim which arises from VENDOR'S b each
intended. Goods shall be delivered free from any
of section 11 (a) has occurred, or is lik ;y to
security interest or other lien, encumbrance or
occur, VENDOR may, at the COUNTY'S option,
claim of any third party. These warranties shall
procure for the COUNTY the right to cortinue
survive inspection, acceptance, passage of title
using the goods or services, or replace or modify
and payment by the COUNTY.
the goods or services so that they become
non - infringing, (without any material degradation
8. Statutory Conformity
in performance, quality, functionality or additional
Goods and services provided pursuant to this
cost to the COUNTY).
Purchase Order, and their production and
transportation shall conform to all applicable
12. Insurance Requirements
laws, including but not limited to the Occupational
The VENDOR, at its sole expense, shall provide
Health and Safety Act, the Federal
commercial insurance of such type and with such
Transportation Act and the Fair Labor Standards
terms and limits as may be reasonably
Act, as well as any law or regulation noted on the
associated with the Purchase Order. Providing
face of the Purchase Order.
and maintaining adequate insurance coverage is
a material obligation of the VENDOR. All
9. Advertising
insurance policies shall be executed through
No VENDOR providing goods and services to the
insurers authorized or eligible to write policies in
COUNTY shall advertise the fact that it has
the State of Florida.
contracted with the COUNTY for goods and /or
services, or appropriate or make use of the
13. Compliance with Laws
COUNTY'S name or other identifying marks or
In fulfilling the terms of this Purchase Order,
property without the prior written consent of the
VENDOR agrees that it will comply with all
COUNTY'S Purchasing Department.
federal, state, and local laws, rules, codes, and
ordinances that are applicable to the conduct of
its business. By way of non - exhaustive example,
10. Indemnification
this shall include the American with Disabilities
Act and all prohibitions against discrimination on
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the basis of race, religion, sex creed, national
conditions of this Purchase Order, provided that
origin, handicap, marital status, or veterans'
COUNTY has provided VENDOR with notice of
status. Further, VENDOR acknowledges and
such breach and VENDOR has failed to cure
without exception or stipulation shall be fully
within 10 days of receipt of such notice.
responsible for complying with the provisions of
the Immigration Reform and Control Act of 1986
19. General
as located at 8 U.S.C. 1324, et seq. and
a) This Purchase Order shall be governed by
regulations relating thereto, as either may be
the laws of the State of Florida. The venue
amended. Failure by the awarded firm(s) to
for any action brought to specifically enforce
comply with the laws referenced herein shall
any of the terms and conditions of this
constitute a breach of the award agreement and
Purchase Order shall be the Twentieth
the County shall have the discretion to
Judicial Circuit in and for Collier County,
unilaterally terminate said agreement
Florida
immediately. Any breach of this provision may
b) Failure of the COUNTY to act immediately in
be regarded by the COUNTY as a material and
response to a breach of this Purchase Order
substantial breach of the contract arising from
by VENDOR shall not constitute a waiver of
this Purchase Order.
breach. Waiver of the COUNTY by any
default by VENDOR hereunder shall not be
14. Force Majeure
deemed a waiver of any subsequent default
Neither the COUNTY nor VENDOR shall be
by VENDOR.
responsible for any delay or failure in
c) All notices under this Purchase Order shall
performance resulting from any cause beyond
be sent to the respective addresses on the
their control, including, but without limitation to
face page by certified mail, return receipt
war, strikes, civil disturbances and acts of nature.
requested, by overnight courier service, or by
When VENDOR has knowledge of any actual or
personal delivery and will be deemed
potential force majeure or other conditions which
effective upon receipt. Postage, delivery and
will delay or threatens to delay timely
other charges shall be paid by the sender. A
performance of this Purchase Order, VENDOR
party may change its address for notice by
shall immediately give notice thereof, including all
written notice complying with the
relevant information with respects to what steps
requirements of this section.
VENDOR is taking to complete delivery of the
d) The Vendor agrees to reimbursement of any
goods and /or services to the COUNTY.
travel expenses that may be associated with
this Purchase Order in accordance with
15. Assignment
Florida Statute Chapter 112.061, Per Diem
VENDOR may not assign this Purchase Order,
and Travel Expenses for Public Officers,
nor any money due or to become due without the
employees and authorized persons.
prior written consent of the COUNTY. Any
e) In the event of any conflict between or
assignment made without such consent shall be
among the terms of any Contract Documents
deemed void.
related to this Purchase Order, the terms of
the Contract Documents shall take
16. Taxes
precedence over the terms of the Purchase
Goods and services procured subject to this
Order. To the extent any terms and /or
Purchase Order are exempt from Florida sales
conditions of this Purchase Order duplicate
and use tax on real property, transient rental
or overlap the Terms and Conditions of the
property rented, tangible personal purchased or
Contract Documents, the provisions of the
rented, or services purchased (Florida Statutes,
Terms and /or Conditions that are most
Chapter 212), and from federal excise tax.
favorable to the County and /or provide the
greatest protection to the County shall
17. Annual Appropriations
govern.
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
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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. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly
responsible for 90% or more of the solicitation amount for said work or as otherwise approved by ^
the County's project manager prior to the execution of the work.
5. 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.
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
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.
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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
The Vendor /Contractor agrees to comply with the Florida Public Records Law Chapter 119
(including specifically those contractual requirements at F.S. § 119.0701(2) (a) -(d) and (3)),
ordinances, codes, rules, regulations and requirements of any governmental agencies.
10. Standards of Conduct
The Vendor shall employ people to work on County projects who are neat, clean, well - groomed
and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Vendor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in the
best interest of the County.
11. Licenses
The Vendor is required to possess the correct professional and other licenses, and any other
authorizations necessary to perform the required work pursuant to all applicable Federal, State
and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies
of all the required licenses must be submitted with the bid response indicating that the
entity bidding, as well as the team assigned to the County account, is properly licensed to
perform the activities or work included in the ITB documents. Failure on the part of any
vendor to supply this documentation with their bid response may be grounds for deeming
vendor non - responsive. A Vendor with an office within Collier County is required to have an
occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections
must complete a Collier County Contractor License registration form and submit the required fee.
After registering the license /registration will need to be renewed thereafter to remain "active" in
Collier County.
Questions regarding professional licenses should be directed to Contractor Licensing, Community
Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions
regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be
directed to the Tax Collector's Office at (239) 252 -2477.
12. Protection of Property
The Vendor shall ensure that the service is performed in such manner as to not damage any
property. In the event damage occurs to any property as a direct result of the Vendor or their Sub
vendor in the performance of the required service, the Vendor shall repair /replace, to the County's
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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
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: bccapclerkCd�collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and /or
services as part of this agreement.
Payment methods include:
• Traditional — payment by check, wire transfer or other cash equivalent.
• Standard — payment by purchasing card. Collier County's Purchasing Card Program is
supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant
of the Rules for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of
using the County's credit card for transactions relating to this solicitation. The County will
entertain bids clearly stating pricing for standard payment methods. An additional separate
discounted price for traditional payments may be provided at the initial bid submittal if it is clearly
marked as an "Additional Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for
that prior month. Services beyond sixty (60) days from current monthly invoice will not be
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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 15 -6473R - Paint & Related Items
will survive and remain subject to the terms and conditions of that Agreement until the completion
or termination of this Purchase Order.
16. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in Insurance and
Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain
property insurance upon the entire project, if required, to the full insurable value of the scope of
work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to
the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Vendors, Design Consultants and
Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
n 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.
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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.
n
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.
17. Collier County Information Technology Requirements
All vendor access will be done via VPN access only. All access must comply with current
published County Manager Agency (CMA) policies.
Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon
request from the Information Technology Department. All vendors will be required to adhere to IT
policies for access to the County network. Vendors are required to notify the County in writing
twenty -four (24) hours in advance as to when access to the network is planned. Included in this
request must be a detailed work plan with actions that will be taken at the time of access. The
County IT Department has developed a Technical Architecture Requirements Document that is
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required to be filled out and submitted with your bid response. This document can be found on the
Collier County Purchasing Department website: www.colliergov.net/purchasing. On the left hand
side of the menu, click on CC Technical Requirements. If this document is not submitted with your
bid response, your bid response may be deemed non - responsive.
18. Security and Background Checks
If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing
background checks by the Collier County Facilities Management Division, and drug testing for all
employees that shall provide services to the County under this agreement. This may include, but
not be limited to, checking federal, state and local law enforcement records, including a state and
FBI fingerprint check, credit reports, education, residence and employment verifications and other
related records. Contractor shall be required to maintain records on each employee and make
them available to the County for at least four (4) years.
19. Direct Material Purchase
The County reserves the right to require Vendor to assign some or all of its agreements with
material suppliers directly to the County. Any such goods and /or materials purchased by the
County pursuant to such an assignment of a material supply agreement shall be referred to as
"County Furnished Materials" and the responsibilities of both the County and the Vendor relating
to said materials shall be governed by the terms and conditions of this solicitation.
Additionally, the County at its sole option may choose to purchase some or all of the goods and /or
materials from other suppliers. In either instance the County may require the following information
from the Vendor:
• Required quantities of material.
• Specifications relating to goods and /or materials required for job including brand and /or model
number or type if applicable
• Pricing and availability of goods and /or materials provided under Vendor's agreements with
material suppliers
20. Equipment
Vendor shall have available and in good working condition, the necessary equipment to perform
the required service. If required, the Vendor shall supply a list of equipment and an hourly rate for
each. Hourly rates will commence once equipment arrives at the service site.
In the event that additional specialized and /or heavy equipment (backhoe, crane, mudhog, etc.) is
needed, the Project Manager must be notified in advance for approval. The reimbursement of
additional equipment expense shall be at cost and will commence once equipment arrives at the
service site. The County reserves the right to request and obtain documentation of the Vendor's
cost, and to withhold payments until documentation is provided.
The scope of these specifications is to ensure the delivery of a complete unit ready for operation.
Omission of any essential detail from these specifications does not relieve the vendor from
furnishing a complete unit.
All equipment must be new and of current manufacture in production at the time of ITB opening,
and carry standard warranties. At the time of delivery, at least two (2) complete shop repair
manuals and parts lists must be furnished with each type of equipment. Vendor must service all
equipment prior to delivery and /or acceptance by the County.
ITB 15 -6473R 21
Paint & Related Items
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10/13/2015 16.E.4.
cover County
Administrative Services Department
Procurement Services Division
Attachment 1: Vendor Submittal - Vendor's Non - Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear,
concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective
Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate
the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to
the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department,
3327 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s):
Solicitation: 15 -6473R - Paint & Related Items
❑ 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
ITB 15 -6473R
Paint & Related Items
Packet Page -1703-
Date:
22
100*N,
10/13/2015 16.E.4.
Cofer County
Administrative Services Department
Procurement Services Division
Attachment 2: Vendor's Check List
IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the
spaces indicated and return with bid.
Vendor should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has
been included.
8. Addendum have been signed and included, if applicable.
9. Affidavit for Claiming Status as a Local Business, if applicable.
10. Immigration Affidavit and company's E- Verify profile page or memorandum of understanding.
11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB.
12. The mailing envelope must be addressed to:
Procurement Director
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
The mailing envelope must be sealed and marked with:
• Solicitation: 15 -6473R - Paint & Related Items
• Opening Date: August 7, 2015
13. The bid will be mailed or delivered in time to be received no later than the specified opening date
and time. (Otherwise bid cannot be considered.)
14. If submitting a manual bid, include any addenda (initialed and dated noting understanding and
receipt). If submitting bid electronically, bidder will need to download all related documents on
www.colliergov.net /bid. The system will date and time stamp when the addendum files were
downloaded
ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE
OF THE COURIER PACKET.
ITB 15 -6473R
Paint & Related Items
Company Name
Signature & Title
Date
Packet Page -1704-
23
10/13/2015 16. EA.
CotLier County
Administrative Services Department
Procurement Services Division
Attachment 3: Vendor Submittal - Bid Response Form
FROM:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: 15 -6473R - Paint & Related Items
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 n
accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to
provide the following:
* * * SEE FOLLOWING PAGES * * *
Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be
considered and computed in the tabulation of the bids. In no instance should terms for less than
fifteen (15) days payment be offered.
Prompt Payment Terms: % Days; Net _ Days
❑ Bid Response Form is electronic. Please input your prices online.
❑ Bid Response is as follows:
Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid
response pages. The undersigned do agree that should this Bid be accepted, to execute a formal
contract, if required, and present the formal contract to the County Procurement Director for approval
within fifteen (15) days after being notified of an award.
ITB 15 -6473R 24
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10/13/2015 16.E.4.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
,20 in the County of , in the State of
n,
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
ITB 15 -6473R 25
Paint & Related Items Packet Page -1706-
10/13/2015 16.E.4.
C offeY cQ>I 14ty
Administrative Services Department
Prowrement Services Division
Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit
Solicitation: 15 -6473R - Paint & Related Items (Check Appropriate Boxes Below)
State of Florida (Select County if Vendor is described as a Local Business
❑ Collier County
❑ Lee County
Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of
County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing
Policy:
Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax
Collector for at least one year prior to bid or proposal submission to do business within Collier County, and
that identifies the business with a permanent physical business address located within the limits of Collier
County from which the vendor's staff operates and performs business in an area zoned for the conduct of
such business. A Post Office Box or a facility that receives mail, or a non - permanent structure such as a
construction trailer, storage shed, or other non - permanent structure shall not be used for the purpose of
establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well -being of Collier County in a verifiable
and measurable way. This may include, but not be limited to, the retention and expansion of employment
opportunities, support and increase to the County's tax base, and residency of employees and principals of
the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the
time of submitting their bid or proposal to be eligible for consideration as a "local business" under this
section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to one year under this
section.
Vendor must complete the following information:
Year Business Established in ❑Collier County or ❑ Lee County:
Number of Employees (Including Owner(s) or Corporate Officers):
Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers):
If requested by the County, vendor will be required to provide documentation substantiating the information
given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable.
Vendor Name:
Address in Collier or Lee County:
Signature:
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Date:
Title:
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)
ITB 15 -6473R 26
Paint & Related Items
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10/13/2015 16. EA
c®Ti;eT COUnty
Administrative Services Department
Procurement Services Division
Attachment 5: Vendor Submittal — Immigration Affidavit
Solicitation: 15 -6473R - Paint & Related Items
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal
Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in
the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the
vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile
page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to include this
Affidavit and acceptable evidence of enrollment in the E- Verify program, may deem the Vendor/ Bidder's proposal
as non - responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of
the Immigration and Nationality Act ( "INA ").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the
INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be
grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act
and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-
Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the
Vendor's / Bidder's proposal.
^. Company Name
Print Name
Signature
State of
County of
Title
Date
The foregoing instrument was signed and acknowledged before me this day of
(Print or Type Name)
Notary Public Signature
Printed Name of Notary Public
who has produced as identification.
(Type of Identification and Number)
Notary Commission Number /Expiration
20_, by
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.
ITB 15 -6473R
Paint & Related Items
Packet Page -1708-
27
10/13/2015 16.E.4.
Goer Cournty
Administrative Services Department
Procurement Services Divis;on
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
State
Telephone FAX
Order Information
Address
City State Zip
FAX
Email
2. Company Status (check only one)
City
Zip
Email
Remit / Payment Information
Address
City State
FAX
Email
Zip
_Individual / Sole Proprietor
_Corporation
_Partnership
_Tax Exempt (Federal income tax - exempt entity
_ Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c) 3)
Enter the tax classification
(D = Disregarded Entity, C = Corporation, P = Partnership)
3. Taxpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN)
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
ITB 15 -6473R
Paint & Related Items
Packet Page -1709-
28
10/13/2015 16.E.4.
10�
co ,eY cowity
Administrative Services Department
Procurement Services Division
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements
Insurance / Bond Type
Required Limits
1. ® Worker's
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation
Statutory Limits and Requirements
2. ® Employer's Liability
$500.000 single limit per occurrence
3. ® Commercial General
Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current
$1,000.000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form
Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
4. ® Indemnification
To the maximum extent permitted by Florida law, the
Contractor /Vendor / Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor/Vendor /Consultant or anyone
employed or utilized by the Contractor /Vendor /Consultant in the performance
of this Agreement.
4. ® Automobile Liability
$1,000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned /Non- owned /Hired; Automobile Included
5. ❑ Other insurance as
❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (,iones 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.
❑ Pollution
❑ Professional Liability
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
^ ❑ Project Professional Liability
❑ Valuable Papers Insurance
ITB 15 -6473R
Paint & Related Items
Packet Page -1710-
$ Per Occurrence
$ Per Occurrence
$ per claim and in
the aggregate
$ Per Occurrence
$ Per Occurrence
29
10/13/2015 16.E.4.
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 For projects in excess of $200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A -" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Vendor shall provide County with certificates of insurance meeting the
required insurance provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board
of County Commissioners in Collier County, OR Collier County Government, OR Collier County (or Collier
MPO). 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.
Ijb 5/27/2015
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
Vendor Signature
Print Name
Insurance Agency
Agent Name
Date
Telephone Number
ITB 15 -6473R 30
Paint & Related Items
Packet Page -1711-
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