Agenda 01/14/2014 Item # 16C1 1/14/2014 16.B.4.
EXECUTIVE SUMMARY
Recommend the Collier County Community Redevelopment Agency (CRA) approve an
Exclusive Right of Sale Listing Agreement authorizing Premier Plus Naples Realty, LLC,
market and sell CRA owned property located at 4265 and 4315 Bayshore Drive consisting of
17.89 acres.
OBJECTIVE: To market and sell CRA owned property.
CONSIDERATIONS: The CRA identified and acquired several parcels of property important to the
proactive redevelopment of the Bayshore Gateway Triangle sector of the Collier County CRA. These
parcels are identified in the CRA Master Redevelopment Plan as potential sites for a catalyst
redevelopment project.
The CRA purchased 17.26 acres in August of 2006 for $4.6 million and purchased the abutting .63
acre improved site (operated as a small engine repair and welding shop) in 2008 for $750,000. The
17.89 acre site in its entirety was rezoned to MPUD in June of 2012. The Mixed Use Planned Unit
Development allows a mix of residential and commercial uses, comprised of a maximum of 40
residential units and 48,575 square feet of commercial uses, including retail, office and medical
offices, a 350 seat theatre, and an 84,000 square foot parking garage. However, the MPUD zoning
permits other uses similar in nature.
In July of 2013, the CRA sought to enlist the services of a real estate services professional through the
RFP process to market and sell the CRA owned property. At that time, Bayshore Cultural and
Performing Arts (CAPA)requested to address the Executive Board to discuss their desire to develop a
performing arts theatre and willingness to purchase the site.
On April 23, 2013, an independent fee appraisal was commissioned estimating the market value of the
property at $3,000,000 (Exhibit C). The appraisal was reviewed and approved by the County's Real
Estate Services Department and provided to CAPA for review. On July 5, 2013 CAPA respectfully
declined to make an offer on the 17+acre site and instead is pursuing the purchase of a larger 37+acre
site. The CRA continued to move forward in our goal to market and sell the site.
On March 12, 2013 the Board authorized the issuance of a Request for Proposals for consultant
services from residential and commercial real estate and property management firms to provide
assistance to the county with the purchase, sale, lease and management of the county's significant real
estate holdings. On June 25, 2013 the BCC awarded Agreement 13-6099 for Residential Real Estate
Services to Premier Plus Naples Realty,LLC (Exhibit B).
On December 3, 2013 the CRA Advisory Board unanimously voted to recommend the use of Premier
Plus Naples Realty LLC., in accordance with County Contract 13-6099 and directed staff to work with
the appropriate persons to facilitate the listing agreement for forwarding to the CRA Board with a
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recommendation of approval. The realtor has recommended a listing price of $3,500,000 and will
commission a market analysis upon acceptance of the Agreement.
Notable provisions set forth in the Exclusive Right of Sale Listing Agreement:
• Terminates July 14,2015;
• County will consider cash or conventional financing offers;
• Limits advertisement to interne;
• Premier Plus Naples Realty LLC will received 6% of purchase price as compensation. This
amount is set forth in Agreement 13-6099 for Residential Real Estate Services.
• All terms set forth in Agreement 13-6099 for Residential Real Estate Services are incorporated
by reference as if fully stated in Exclusive Right of Sale Listing Agreement.
All offers deemed to carry out the goals and objectives of the community and the redevelopment plan
will be brought to the CRA Board for consideration. The Board shall have the right to accept or reject
any and all offers.
FISCAL IMPACT: Revenue generated from any and all sales of CRA owned real property are
required to be applied to the CRA's existing debt. Completion of a catalyst project on vacant land will
increase property values and increase the CRA's annual TIF. The Real Estate Agreement commission
will be paid in accordance with Contract 13-6099 and represent 6%of the total purchase price.
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth
Management Plan states that redevelopment plans may be developed for specific areas within the
County, including the Bayshore Gateway Triangle CRA.
LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a
majority vote for approval.
RECOMMENDATION: That the CRA approve an Exclusive Right of Sale Listing Agreement
authorizing Premier Plus Realty to market and sell CRA owned property located at 4265 and 4315
Bayshore Drive; and authorize the CRA Chairman to execute same as well as all documents required
to market of the properties after approval by the County Attorney's Office.
Prepared by: Jean Jourdan
Interim Director,Bayshore/Gateway Triangle Community Redevelopment Agency
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.B.16.B.4.
Item Summary: Recommendation that the Board of County Commissioners, as the Collier
County Community Redevelopment Agency, approve an Exclusive Right of Sale Listing
Agreement authorizing Premier Plus Naples Realty, LLC, to market and sell CRA owned property
located at 4265 and 4315 Bayshore Drive consisting of 17.89 acres.
Meeting Date: 1/14/2014
Prepared By
Name:jourdan_j
Title: Project Manager,
1/2/2014 3:02:44 PM
Submitted by
Title: Project Manager,
Name:jourdan_j
1/2/2014 3:02:46 PM
Approved By
Name: ZimmermanSue
Title:Property Acquisition Specialist,Facilities Managem
Date: 1/2/2014 3:42:36 PM
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 1/7/2014 2:08:02 PM
Name: BelpedioJennifer
Title: Assistant County Attorney,County Attorney
Date: 1/7/2014 4:27:32 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 1/7/2014 5:17:58 PM
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1/14/2014 16.B.4.
Name: KlatzkowJeff
Title: County Attorney
Date: 1/8/2014 9:35:43 AM
Name: OchsLeo
Title: County Manager
Date: 1/8/2014 4:13:19 PM
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Exclusive Right of Sale Listing Agreement ... •
� cl• Realtors
1 This Exclusive Right of Sale Listing Agreement("Agreement")is between
z' COLLIER CNTY COMMUNITY REDEVELOPMENT AGENCY& BOARD OF CNTY COMMISSIONERP"Seiler") and
3' Premiere Plus Naples Realty LLC ('Broker")
4 1.AUTHORITY TO SELL PROPERTY:Seller gives Broker the EXCLUSIVE RIGHT TO SELL the real and personal property
5' (collectively"Property")described below,at the price and terms described below,beginning the 15th day of
s• January 2014 ,and terminating at 11:59 p.m.the 14th day of July 2015
7 ("Termination Date").Upon full execution of a contract for sale and purchase of the Property,all rights and obligations of this
s Agreement will automatically extend through the date of the actual closing of the sales contract.Seller end Broker
a acknowledge that this Agreement does not guarantee a sale.This Property will be offered to any person without regard to race,
10 color,religion,sex,handicap,familial status, national origin or any other factor protected by federal,state or local law. Seller
11 certifies and represents that he/she/it is legally entitled to convey the Property and all improvements.
12 2.DESCRIPTION OF PROPERTY:
13' (a)Real Property Street Address:4265&4315 Bayshore Dr. Naples Collier County,Florida 34112
14'
15' Legal Description: See attached addendum
16' ■4 See Attachment
17' (b)Personal Property,including appliances:
18'
19' ❑ See Attachment
20' (c) Occupancy: Property❑ is'-` is not currently occupied by a tenant.If occupied,the lease term expires
21 3.PRICE AND TERMS:The property is offered for sale on the following terms,or on other terms acceptable to Seller:
22' (a) Price: 3,500,000.00
23' (b) Financing Terms: ►',4 Cash ® Conventional ❑ VA ❑ FHA ❑ Other
24' ❑ Seller Financing: Seller will hold a purchase money mortgage in the amount of$ with the
25' following terms:
26' ❑ Assumption of Existing Mortgage:Buyer may assume existing mortgage for$ plus
27' an assumption fee of$ .The mortgage is for a term of years beginning in ,at
28' an interest rate of % ❑ fixed ❑ variable(describe)
29' Lender approval of assumption❑is required Dills not required E.unknown. Notice to Seiler:You may remain liable for an
30 assumed mortgage for a number of years afterthe Property is sole.Check with your lender to determine the extent of your
31 liability.Seller will ensure that all mortgage payments and required escrow deposits are current at the time of closing and will
32 convey the escrow deposit to the buyer at closing.
33' (c) Seller Expenses:Seller will pay mortgage discount or other closing costs not to exceed %of the purchase
34 price;and any other expenses Seller agrees to pay in connection with a transaction.
35 4.BROKER OBLIGATIONS AND AUTHORITY:Broker agrees to make diligent and continued efforts to sell the Property until
36 a sales contract is pending on the Property.Seller authorizes Broker to:
37 (a)Advertise the Property as Broker deems advisable including advertising the Property on the Internet unless limited in
38 (4)(a)(i)or(4)(a)(ii)below.
39 (Seller opt-out)(Check one if applicable)
40' 4 (i) Display the Property on the Internet except the street address of the Property shall not be displayed on the Internet.
41' ❑ (Ii)Seller does not authorize Broker to display the Property on the Internet.
42 Seller understands and acknowledges that if Seiler selects option(ii),consumers who conduct searches for listings on
43 the Internet will not see Information about the listed property in response to their search.
44* I Initials of Seller.
45 (b)Place appropriate transaction signs on the Property,Including"For Sale"signs and"Sold°signs(once Seller signs a sales
46 contract)and use Seller's name in connection with marketing or advertising the Property.
47 (c)Obtain I nformation relating to the present mortgage(s)on the Property.
48 (d)Place th e Property in a multiple listing service('MLS").Seller authorizes Broker to report to the MLS this listing
49 information and price,terms and financing information on any resulting sale for use by authorized Board/Association
so members, MLS participants and subscribers;
s1' Seller( )( )and Broker/Sales Assocl e, ( )acknowledge receipt of a copy of this page,which Is Page 1 of 4 Pages.
ERS•14tb Rev.11/09 02009 Florida Association of REALTORSv All Rights Reserved
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52 (e) Provide objective com arative market analysis information to potential buyers;and
53' (f) (Check if applicable) [] Use a lock box system to show and access the Property.A lock box does not ensure the
54 Property's security;Seller is advised to secure or remove valuables.Seller agrees that the lock box Is for Seller's benefit and
55 releases Broker,persons working through Broker end Broker's local Realtor Board/Association from all liability and
58' responsibility In connection with any loss that occurs.❑Withhold verbal offers.D Withhold all offers once Seller accepts a
57 sales contract for the Property.
58 (g) Act as a transaction broker of Seller.
59 (h)Virtual Office Websltes: Some real estate brokerages offer real estate brokerage services online.These websites are
so referred to as Virtual Office Websites(-VOW').An automated estimate of market value or reviews and comments about a
81 property may be displayed in conjunction with a property on some VOWs.Anyone who registers on a Virtual Office Website
52 may gain access to such automated valuations or comments and reviews about any property displayed on a VOW. Unless
63 limited below,a VOW may display automated valuations or comments/reviews(blogs)about this Property.
64' ►:4 Seller does not authorize an automated estimate of the market value of the listing(or hyperlink to such estimate)to be
65 displayed in immediate conjunction with the listing of this Property.
6s' Seller does not authorize third parties to write comments or reviews about the listing of the Property(or display a hyperlink
67 to such comments or reviews)in immediate conjunction with the listing of this Property.
se 5.SELLER OBLIGATIONS:In consideration of Broker's obligations,Seller agrees to:
69 (a)Cooperate with Broker in carrying out the purpose of this Agreement, including referring immediately to Broker all
70 inquiries regarding the Property's transfer,whether by purchase or any other means of transfer.
71 (b)Provide Broker with keys to the Property and make the Property available for Broker to show during reasonable times.
72 (c)Inform Broker prior to leasing,mortgaging or otherwise encumbering the Property.
73 (d)Indemnify Broker and hold Broker harmless from losses,damages,costs and expenses of any nature,including
74 attorney's fees,and from liability to any person,that Broker incurs because of(1)Seller's negligence, representations,
75 misrepresentations,actions or inactions, (2)the use of a lock box,(3)the existence of undisclosed material facts about the
76 Property,or(4)a court or arbitration decision that a broker who was not compensated in connection with a transaction is
77 entitled to compensation from Broker.This clause will survive Broker's performance and the transfer of title.
78 (a) To perform any act reasonably necessary to comply with FIRPTA(Internal Revenue Code Section 1445).
79 (f) Make all legally required disclosures,including all facts that materially affect the Property's value and are not readily
eo observable or known by the buyer.Seller certifies and represents that Seller knows of no such material facts(local
91• government building code violations, unobservable defects,etc.)other than the following:
82'
83 Seller will immediately inform Broker of any material facts that arise after signing this Agreement.
84 (g)Consult appropriate professionals for related legal,tax,property condition,environmental,foreign reporting requirements
85 and other specialized advice.
es 6.COMPENSATION:Seller will compensate Broker as specified below for procuring a buyer who is ready,willing and able to
87 purchase the Property or any interest in the Property on the terms of this Agreement or on any other terms acceptable to
88 Seller.Seller will pay Broker as follows(plus applicable sales tax);
e9• (a) 6 %of the total purchase price plus$ OR$ ,no later than
so the date of closing specified in the sales contract. However,closing is not a prerequisite for Broker's fee being earned.
91• (b) ($or%)of the consideration paid for an option,at the time an option is created. If the option is exercised,
92 Seller will pay Broker the paragraph 6(a)fee,less the amount Broker received under this subparagraph.
93' (c) ($or%)of gross lease value as a leasing fee,on the date Seller enters into a lease or agreement to
94 lease,whichever is soonest.This fee is not due if the Property is or becomes the subject of a contract granting an exclusive
95 right to lease the Property.
96 (d) Broker's fee is due in the following circumstances:(1)if any interest in the Property is transferred,whether by sale,lease,
s7 exchange,governmental action,bankruptcy or any other means of transfer,regardless of whether the buyer is secured by
98 Broker,Seller or any other person.(2)If Seller refuses or fails to sign an offer at the price and terms stated in this Agreement,
99' defaults on an executed sales contract or agrees with a buyer to cancel an executed sales contract.(3)If,within_days after
loo Termination Date(-Protection Period`),Seller transfers or contracts to transfer the Property or any interest in the Property to any
101 prospects with whom Seller,Broker or any real estate licensee communicated regarding the Property prior to Termination Date.
102 However,no fee will be due Broker if the Property is relisted after Termination Date and sold through another broker.
103' (e) Retained Deposits:As consideration for Broker's services,Broker Is entitled to receive %of all deposits that
104 Seller retains as liquidated damages for a buyer's default in a transaction,not to exceed the paragraph 6(a)fee.
105 7.COOPERATION AND COMPENSATION WITH OTHER BROKERS:Broker's office policy is to cooperate with all other
100' brokers except when not in Seller's best interest: and to offer compensation in the amount of 3 %of the
107' purchase price or$ to Buyer's agents,who represent the interest of the buyers,and not the interest of Seller in
195' Seller( )( )and BrokerlSales Associate 0)( )acknowledge receipt of a copy of this page,which is Page 2 of 4 Pages,
ERS-14tb Rev,11/09 0 2009 Florida Association of REALTORS` All Rights Reserved
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1o9' a transaction;E1 and to offer compensation in the amount of 3 %of the purchase price or$ to a
1 to* broker who has no brokerage relationship with the Buyer or Seller;NI and to offer compensation In the amount of
i t i• 3 %of the purchase price or$ to Transaction brokers for the Buyer;0 None of the above(if this is
112 checked,the Property cannot be placed in the MLS.)
113 8.BROKERAGE RELATIONSHIP:Under this Agreement,Broker will be acting as a transaction broker, Broker will deal
114 honestly and fairly with Seller,will account for all funds,will use skill,care,and diligence in the transaction,will disclose all
11s known facts that materially affect the value of the residential property which are not readily observable to the buyer,will present
11e all offers and counteroffers In a timely manner unless directed otherwise In writing and will have limited confidentiality with Seller
117 unless waived in writing.
118 9.CONDITIONAL TERMINATION:At Seller's request,Broker may agree to conditionally terminate this Agreement. If Broker
ii s agrees to conditional termination,Seller must sign a withdrawal agreement,reimburse Broker for all direct expenses incurred
12o• in marketing the Property and pay a cancellation fee of$ plus applicable sales tax.Broker may void the
121 conditional termination and Seller will pay the fee stated in paragraph 6(a)less the cancellation fee if Seller transfers or
122 contracts to transfer the Property or any interest in the Property during the time period from the date of conditional termination
123 to Termination Date and Protection Period,if applicable.
124 10.DISPUTE RESOLUTION:This Agreement will be construed under Florida law.All controversies,claims and other matters
125 In question between the parties arising out of or relating to this Agreement or the breach thereof will be settled by first
126 attempting mediation under the rules of the American Mediation Association or other mediator agreed upon by the parties. If
127 litigation arises out of this Agreement,the prevailing party will be entitled to recover reasonable attorney's fees and costs,unless
128 the parties agree that disputes will be settled by arbitration as follows:Arbitration:By initialing in the space provided,Seller
129' ( )( ),Listing Associate( )and Listing Broker( )agree that disputes not resolved by mediation will be settled
130 by neutral binding arbitration in the county in which the Property is located in accordance with the rules of the American
131 Arbitration Association or other arbitrator agreed upon by the parties.Each party to any arbitration(or litigation to enforce the
132 arbitration provision of this Agreement or an arbitration award)will pay Its own fees,costs and expenses,Including attorney's
133 fees,and will equally split the arbitrators'fees and administrative fees of arbitration.
134 11,MISCELLANEOUS:This Agreement is binding on Broker's and Seller's heirs,personal representatives,administrators,
135 successors and assigns.Broker may assign this Agreement to another listing office.This Agreement Is the entire agreement
136 between Broker and Seller.No prior or present agreements or representations shall be binding on Broker or Seller unless
137 Included in this Agreement. Signatures,initials and modifications communicated by facsimile will be considered as originals.
138 The term'buyer'as used in this Agreement Includes buyers,tenants,exchangors,optionees and other categories of potential
139 or actual transferees.
140. 12.ADDITIONAL TERMS: All terms set forth in Agreement 13-6099 for Residential Real Estate Services,
141' dated June 25,2013,are incorporated herein as If fully stated.
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157' Seller( )( )and BrokerlSales Assoclate�l( )acknowledge receipt of a copy of this page,which is Page 3 of 4 Pages.
ERS-14 tb Rev.11109 a 2009 Florida Association of REALTORS5 All Rights Reserved ■
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158' Date: Seller's Signature: Tax ID No:
159' Home Telephone: Work Telephone: Facsimile:
1so• Address:
lei* Date: Seller's Signature: Tax ID No:
162' Home Telephone: Work Telephone: Facsimile:
163' Address:
164' Date: /f,//,/ Authorized Listing Associate or Broker:��u-.-4..0�
F
1ss• Brokerage Firm Name: Premiere Plus Realty Telephone: 239-732-7837
166' Address: 370 12th Avenue S.#538
167' Copy returned to Customer on the day of by:Q personal delivery Q mall❑E-mail Q facsimile.
The Florida Association of REALTORS'makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction.This
standardized form should not be used In complex transactions or with extensive riders or additions.This form Is available for use by the entire real estate
Industry and Is not intended to Identify the user as REALTOR'.REALTOR'.is a registered collective membership mark which may be used only by real estate
licensees who are members of the NATIONAL ASSOCIATION OF REALTORS*and who subscribe to Its Code of Ethics.
The copyright laws of the United States(17 U.S.Code)forbid the unauthorized reproduction of this form by any means Including facsimile or computerized forms.
Approved as to form and legality
ATTEST:
DWIGHT E. BROCK, Clerk
Assistant County Attorney
1es• Seller( )( )and Broker/Sales Assoclat (. / ( )acknowledge receipt of a copy of this page,which is Page 4 of 4 Pages.
ERS-14th Rev.11/09 it 2009 Florida Association of REALTORS° All Rights Reserved
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R 1/14/2014 16.B.4.
Bayshore EXHIBIT_ 4
CULTURAL& PERFORMING ARTS CENTER
July 5, 2013
Jean Jourdan , AICP
Interim Director
Bayshore/Gateway Triangle CRA
Bayshore Beautification MSTU
Haldeman Creek Dredge MSTU
Dear Jean,
As CAPA's official response to the CRA's offer to sell the 18+acres on Bayshore Drive,
we respectfully decline to make an offer.
Even though we all knew no transaction would be possible until the completion of the
Pizzuti contract, CAPA has long expressed interest in this CRA property for the planned
Bayshore Cultural and Performing Arts Center—a dedicated visual and performing arts
campus with a 700-seat performing arts center. CAPA sought, and the Board of County
Commissioners granted us a"Right of First Refusal"to the site on June 28, 2011. This
ROFR agreement was extended later to June 28, 2013. It has now expired.
Last September,the earliest date permitted by the County RFP, CAPA proposed a
public/private partnership obliging CAPA to successfully undertake the final definition,
funding, construction, and operation—on leased county property--of a facility involving
an approximately 700-800 seat theater, a 150-seat"black-box theater" and, if feasible, an
outdoor amphitheater along with adequate parking.
Despite arguing the benefit to the County—financially and in quality-of-life—there was
no positive reaction to the suggestion of a long-term lease (like that granted to the
Golisano Children's Museum). Our RFP response was rejected.
The BCC on March 12,this year, finally made the CRA property available for purchase.
So CAPA,represented by Secretary Dwight Richardson,indicated a willingness to
consider purchase. You ordered the current 103-page appraisal. The resulting$3M
appraised value of this property far exceeded our expectations, as well as assessments by
local brokers.
With a"going-in"price of that magnitude, additional potentially costly obstacles had to
be more seriously considered: the limitations of the site zoning to support a theater larger
than 350 seats; the uncertainty of the price expected by the Shadley family for their
critical 2'/2 acre "donut" parcel;the cost to fully condition the property to achieve
sufficient dry land for our larger-sized facility.
The sum of all these factors led us to actively consider alternate properties in the area
that would be suited to the CAPA project. We still are determined to find a location in
L'+ AY5UORE CU ! TL) RAl: & PERFORMING AR1S CENTFR
.4410_,
0lii 4059 Bayshore Dr. !Nape:.,FL .-.P;.org I E-111511:BaWihDreCAPACenter@Centurylink.net
Centuiylink.net
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1/14/2014 16.B.4.
Bayshore
CULTURAL& PERFORMING ARTS CENTER
the Bayshore Gateway Triangle. We firmly believe that this is the right location in the
County;we have the right-sized project, and the right Mission to meet the needs of the
community.
We believe our CAPA Arts Center project belongs in the Bayshore area of East Naples.
It will still bring the same ad valorem benefits to the CRA and the county that we
demonstrated in the cash flow analyses we conducted and shared with you and the BCC.
Thank you for all your help and support of the CAPA project. We continue to share with
you and the CRA a commitment to realize the full potential and purpose of the designated
Cultural Art District,
Regards,
The Executive Committee of the Board of Bayshore Cultural and Performing Arts Center,Inc.
o Chick Heithaus,President
o Steve Kutler,Vice President
o Susan Gibbons,Vice President
o Dwight Richardson,Secretary
BAYSIIORE CULTURAL S. PERFORMING ARTS CENTER
-41001°-
4069 Eia}shore Dr.I Nap E-:,FL 3L Packet Page -854-4.org I Email:13alishoreCAPACentert@Centurylink.net
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EXHIBIT
AGREEMENT13-6099
for
Residential Real Estate Services
THIS AGREEMENT, made and entered into on this o?,$- day of 2013, by
and between Premiere Plus Realty Company, authorized to do b siness in the State of
Florida, whose business address is 370 12th Avenue South,Suite 101, Naples, FL 34102, (the
"Consultant") and Collier County, a political subdivision of the State of Florida, (the
"County" or"Owner"):
WITNESSETH:
1. COMMENCEMENT. The Agreement shall commence upon Board approval in
accordance with REP 13-6099 Commercial and Residential Real Estate and Property
Management. 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
Consultant written notice of the County's intention to extend the Agreement term not
less than ten(10) days prior to the end of the Agreement term then in effect.
2. CONTRACT TERM. The contract shall be for a two (2) year period, commencing on
date of Board award and terminating two (2) years from that date. The County may, at
its discretion and with the consent of the Consultant,renew the Agreement under all of
the terms and conditions contained in this Agreement for two (2) additional one (1)
year periods. The County shall give the Consultant written notice of the County's
intention to extend the Agreement term not less than ten (10) days prior to the end of
the Agreement term then in effect.
3. STATEMENT OF WORK. The Consultant shall provide Residential Real Estate
Services in accordance with the terms and conditions of RFP #13-6099 and the
Consultant's proposal referred to herein and made an integral part of this agreement.
This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the
Consultant and the County Project or Contract Manager or his designee, in compliance
with the County Purchasing Policy and Administrative Procedures in effect at the time
such services are authorized.
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4. COMPENSATION. The County shall pay the Consultant for the performance of this
Agreement in accordance with Exhibit A, Fee Schedule, attached herein and
incorporated by reference, together with the cost of any other charges/fees submitted in
the proposal. Any County agency may purchase products and services under this
contract, provided sufficient funds are included in their budget(s). Payment will be
made upon receipt of a proper invoice and upon approval by the Project Manager or his
designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the
"Local Government Prompt Payment Act".
4.1 Payments will be made for 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.
5. SALES TAX. Consultant 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.
6. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
Premiere Plus Realty Company
370 12th Avenue South,Suite 101, Naples,FL 34102
239/777-5852 Telephone
John Burton
NaplesMarco @gmail.com
All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Purchasing&General Services Director
Telephone: 239-252-8407
Facsimile: 239-252-6480
The Consultant 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.
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EXECUTIVE SUMMARY
Recommendation to award RFP 13-6095, an annual contract for underground utilities parts and
supplies,to Ferguson Waterworks,Inc.
OBJECTIVE: Obtain cost effective and timely underground utilities parts and supplies.
CONSIDERATIONS: Several departments within the Public Utilities Division, as well as in other
Divisions in the County Manager's Agency,routinely use underground utilities parts and supplies in their
daily operations. Underground parts and supplies are required to repair various Public Utilities Division
assets located at the regional water treatment and water reclamation plants, and throughout the irrigation
quality,raw and potable water distribution networks, and the wastewater collection system.
On September 20, 2013,the Purchasing Department issued RFP 13-6095. Email notices were sent to 785
vendors. Of those vendors, 41 downloaded full solicitation packages and two submitted proposals by the
September 30, 2013, deadline. A countywide selection committee of five reviewed the proposals and
ranked the firms as shown on the Selection Committee Final Ranking Sheet (Attachment B). Staff then
negotiated the final contract scope, deliverables, and prices, and recommends award of the contract to
Ferguson Waterworks, Inc. (Attachment C).
FISCAL IMPACT: Funding is available in, and is consistent with, the FY14 Budget approved by the
Board of County Commissioners on September 19, 2013. Sources of funding include the Collier County
Water-Sewer District Operating Fund(408), and Capital Funds (412) and (414). Other County Manager's
Agency departments using this contract will provide funding from their respective budgets. The exact
fiscal impact will depend on the amount of required repairs and installations of new assets during the life
of the contract; however, countywide historical annual spending has approximated $6,000,000+per fiscal
year.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval.—SRT
GROWTH MANAGEMENT IMPACT: This action has no impact on the current Growth Management
Plan.
RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of
the Collier County Water-Sewer District, award RFP 13-6095, an annual contract for underground
utilities parts and supplies, to Ferguson Waterworks, Inc.; and, authorize the Chair to execute the contract
after final review and approval by the County Attorney's Office.
Prepared By: Joseph Bellone,Director,Operations Support
Attachments:
Attachment A–Solicitation
Attachment B–Final Ranking Sheet
Attachment C–Contract
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.1.
Item Summary: Recommendation to award RFP 13-6095, an annual contract for
underground utilities parts and supplies,to Ferguson Waterworks, Inc.
Meeting Date: 1/14/2014
Prepared By
Name: Donna Bergeron
Title: Administrative Assistant, Senior,Water
12/3/2013 3:55:28 PM
Submitted by
Title: Plant Manager,Water
Name: Steve Messner
12/3/2013 3:55:30 PM
Approved By
Name: HapkeMargie
Title: Operations Analyst,Public Utilities
Date: 12/4/2013 3:49:01 PM
Name: NagySteve
Title: Manager-Wastewater Collection,Wastewater
Date: 12/4/2013 4:08:43 PM
Name: Steve Messner
Title: Plant Manager,Water
Date: 12/5/2013 8:52:28 AM
Name: Evelyn Colon
Title: Purchasing-Procurement Specialist
Date: 12/9/2013 9:49:55 AM
Name: WardKelsey
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Title: Manager-Contracts Administration,Purchasing&Ge
Date: 12/9/2013 4:13:05 PM
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 12/10/2013 3:37:19 PM
Name: Joseph Bellone
Title: Manager-Utility Billing&Cust Serv.,Utilities F
Date: 12/13/2013 12:22:03 PM
Name: JacobsSusan
Title: Operations Analyst,Public Utilities
Date: 12/18/2013 11:06:26 AM
Name: Pam Libby
Title: Manager-Operations-Water/WW,Water
Date: 12/18/2013 12:27:02 PM
Name: JohnssenBeth
Date: 12/19/2013 10:39:42 AM
Name: ChmelikTom
Title: Director,Public Utilities Engineering
Date: 12/20/2013 1:59:18 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 12/27/2013 8:35:35 AM
Name: YilmazGeorge
Title: Administrator,Public Utilities
Date: 12/27/2013 8:54:09 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management&B
Date: 12/30/2013 9:17:35 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/6/2014 9:37:34 AM
Name: OchsLeo
Title: County Manager
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Date: 1/6/2014 10:51:31 AM `"
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REQUEST FOR PROPOSAL
It.
co ler County
r'd nistrat Services ices Division..
Purchasing
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Solicitation #13-6095, Underground Parts
Evelyn Colon, Procurement Strategist
(239)252-2667(Telephone)
(239)252-2810(Fax)
evelyncolon @colliergov.net(Email)
This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document
made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any
other legal remedies available to the Collier County Government.
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Table of Contents
LEGAL NOTICE 3
EXHIBIT I:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4
EXHIBIT II:GENERAL RFP INSTRUCTIONS 11
EXHIBIT III:COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 14
EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 18
ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 26
ATTACHMENT 2:VENDOR CHECK LIST 27
ATTACHMENT 3:CONFLICT OF INTEREST AFFIDAVIT 28
ATTACHMENT 4:VENDOR DECLARATION STATEMENT 29
ATTACHMENT 5:AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 31
ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION 32
ATTACHMENT 7:VENDOR SUBSTITUTE W—9 33
ATTACHMENT 8:INSURANCE AND BONDING REQUIREMENTS 34
ATTACHMENT 9: REFERENCE QUESTIONNAIRE 36
#13-6095 Underground Parts 2
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Co l County
Ad rani Services Division
Purthasing
Legal Notice
Sealed Proposals to provide Underground Parts will be received until 3:00 PM Naples local time, on
September 20, 2013 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail
E, Naples, FL 34112.
Solicitation
#13-6095, Underground Parts
Services to be provided may include, but not be limited to the following: Parts, Underground Material,
Underground Utility hardware & Infrastructure.
All statements shall be made upon the official proposal form which may be obtained on the Collier
County Purchasing Department Online Bidding System website: www.colliergov.net/bid.
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
Interim Purchasing & General Services Director
This Public Notice was posted on the Collier County Purchasing Department website:
www.colliergov.net/purchasinq and in the Lobby of Purchasing Building "G", Collier County
Government Center on August 20, 2013.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Water & Waste Water Departments (hereinafter, the
Department"), the Collier County Board of County Commissioners Purchasing Department
(hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of
obtaining proposals from interested and qualified Consultants in accordance with the terms,
conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the
requirements of the Specifications or Scope of Work stated.
The results of this solicitation may be used by other County departments once awarded according to
the Board of County Commissioners Purchasing Policy.
Additionally, the successful proposer will be asked to provide input on acceptable levels of inventory
(`just in time") to minimize the County's cash outlay. For inventory parts with inventory turns in
excess of six months, the successful proposer should outline a plan to consign inventory to the
County (for purposes of this proposal, consign shall mean place the inventory part in the District's
warehouse but maintain ownership of such inventory and not invoice until such time as the part is
utilized by the District).
Brief Description of Purchase
This agreement will be to provide commodity based equipment/parts to the Public Utilities Water and
Waste Water Departments, the Facilities Management department, and the Parks and Recreation
Department, among others, on an as needed basis. Historically, County departments have spent
approximately $6,188,150.00 annually.
Background
The Public Utilities Division, Water & Waste Water Departments have an "around the clock"
requirement to respond to emergencies with the water/sewer district of Collier County. The County
plans to evaluate the impact of expenditures as it relates to achieving best value for our customer
base. Proposers are encouraged to propose best value concepts programs and components that
would further enhance this acquisition.
Detailed Scope of Work
The successful proposer shall meet the following requirements:
a) Furnish requested utility products on a same day or within 2 - 3 business days. This shall
also include 24/7 contact and assistance for after hours emergencies, including, responding
by providing parts after a natural disaster (See Exhibit I A).
b) Purchase adequate quantities and stock to support the County utility operations.
Additionally the supplier shall be able to provide quick delivery to any designated site within
the County. Quick delivery is defined as within 4 hours from 7:00 a.m. to 5:00 p.m. Monday
through Friday and within 6 hours at all other times.
c) Provide an On-line order system via an internet link. This on-line system must be a complete
and comprehensive order system with the capability of providing real-time management
reports and invoices into a downloadable Excel format. The County will determine the data
requirements with the successful supplier, minimally, the supplier must provide quarterly
spend analysis and inventory usage reports by department. This order system must be
available for the Public Utilities to view, order and run management reports prior to the start
of the contract.
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d) Provide a customer service representative to serve as a single point of contact to the County
to assist with contract, order, invoice, and other items relating to the resultant contract.
e) Develop a vendor managed inventory plan of the County's physical assets; propose this plan
to the County. The County at its sole discretion will determine whether to enact the plan in
total, or in pieces. Should the County accept the plan, it will be the sole responsibility of the
successful supplier to manage and maintain the inventory plan. The County will be
responsible for determining the type and quantity of inventory to stock.
f) Proposal shall include information on the vendor's policy for purchasing of parts currently
part of the Collier County stock.
g) Submit all invoices to the County with the following information clearly labeled: purchase
order number, delivery location, part name and number, unit of measure and quantity,
manufacturer suggested retail price (MSRP), discount applied to the part(s), unit price
(MSRP—discount), and extended price.
h) Conduct Quarterly Business Review Meeting to discuss:
1) Parts usage reports which must include, but are not limited to (a) type of parts
purchased, (b) volume purchased by plant, (c) by manufacturer, (d) fill rate, (e) price,
(f) inventory turns analysis, etc.,
2) To review current business processes, and consider "best practices" to help reduce
future costs and maximize efficiencies in the procurement and delivery of parts, and to
3) Consider possible pilot program efficiencies particularly around new technology.
Term of Contract
The contract term, if an award(s) is/are made is intended to be for two (2) years with one (1) two (2)
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 Purchasing Director.
Price adjustments are dependent upon the smaller of the All Urban consumer price index (CPI) and
the All Urban South 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 Solicitation Timetable
The following projected timetable should be used as a working guide for planning purposes only. The
County reserves the right to adjust this timetable as required during the course of the RFP process.
Event Date
Issue Solicitation Notice August 20, 2013
Last Date for Receipt of Written Questions September 10, 2013, 3:00 PM
Addendum Issued Resulting from Written Questions September 13, 2013
Solicitation Deadline Date and Time September 20, 2013, 3:00 PM
Anticipated Evaluation of Submittals October 2013
Anticipated Completion of Contract Negotiations October 2013
Anticipated Board of County Commissioner's Contract Approval November- December 2013
Date
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Response Format
The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and
conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that
if it is awarded a contract, the work will be performed in accordance with the provisions, terms and
conditions of the contract.
To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the
guidelines set forth in this RFP.
Any portions of the proposal that do not comply with these guidelines must be so noted and explained
in the Acceptance of Conditions section of the proposal. However, any proposal that contains such
variances may be considered non-responsive.
Proposals should be prepared simply and economically, providing a straightforward concise
description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP.
All proposals should be presented as described in this RFP in PDF or Microsoft Word format with
Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission
is strongly encouraged.
The items listed below shall be submitted with each proposal and should be submitted in the order
shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure
by a Vendor to include all listed items may result in the rejection of its proposal.
1. Tab I, Cover Letter/ Management Summary
Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying
philosophy of the firm in providing the services stated herein. Include the name(s), telephone
number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission
of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a
result of this RFP. List all proposed subcontractors who will participate on the team.
2. Tab II, Capability of the Company (15 Points)
Provide the following information:
1. Indicate the number of years the company has been in
business.
2. Indicate the number years of experience the employee that will
assign to the County has in this type of business.
• Submit the resume of the employee that will be assigned to
the County.
3. Indicate the total amount of customers your company has had
that required "around the clock" service.
4. Indicate the number of Governmental Entities your company
has serviced in the past five years (January 1, 2008 - December
31, 2012).
TOTAL (Add lines 1 -4 and enter total)
(Add lines 1 -4)
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Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each firm's information provided in this area:
• The County shall total each of the firm's responses and create a ranking from highest
number to lowest number (TOTAL). Responses marked with an N/A or not completed (or
some similar notation will be given the score of zero (0)). Firms who do not turn in
information as requested will be given the lowest number of criteria points (0).
• The greatest number of criteria points allowed in this criterion will be awarded to the firm
who has the highest TOTAL.
• The next highest firm's TOTAL will be divided by the highest firm's TOTAL which will then
be multiplied by criteria points to determine the firm's criteria points awarded. Each
subsequent firm's criteria point score will be calculated in the same manner.
• Points awarded will be extended to the first decimal point (per Microsoft Excel).
The points awarded by firm will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the firm's proposal to ensure
consistency and completion of all tasks in the RFP, and review the Points Awarded per firm.
The Selection Committee may, at their sole discretion modify the criteria points assigned after
a thorough review of the proposal and prior to final ranking by the final Selection Committee.
3. Tab III, Accountability and Fiscal Stability (10 Points)
Provide the following information:
1. Indicate the number of credit invoices your company issued due
to errors in 2011 - 2012.
2. Indicate the longest amount of days an item has been on
backorder in your company.
3. Indicate the number of times your company was not able to
provide the required material in the specified time.
• Submit a short summary of this example and how the
situation was rectified.
4. Indicate the number of times the company or one of the
Principals has filed for bankruptcy during the past five years
(January 1, 2008 - December 31, 2012).
5. Indicate the number of times this company has been purchased
in the past five years (January 1, 2008 - December 31, 2012).
6. Provide the primary proposer's Dun and Bradstreet Composite
Credit Appraisal rating.
• Provide a copy of the Dun and Bradstreet report for primary
proposer and all companies affiliated with the resultant
proposal.
TOTAL (Add lines 1 -6 and enter total)
(Add lines 1 - 7)
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each firm's information provided in this area:
• The County shall total each of the firm's responses and create a ranking from lowest
number to highest number (TOTAL). Firms who do not respond or items marked with an
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N/A, or, who do not turn in information as requested will be given the lowest number of
criteria points (0).
• The greatest number of criteria points allowed in this criterion will be awarded to the firm
who has the lowest TOTAL.
• The lowest firm's TOTAL will be divided by the next lowest firm's TOTAL which will then be
multiplied by criteria points to determine the firm's criteria points awarded. Each
subsequent firm's criteria point score will be calculated in the same manner.
• Points awarded will be extended to the first decimal point (per Microsoft Excel).
The points awarded by firm will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the firm's proposal to ensure
consistency and completion of all tasks in the RFP, and review the Points Awarded per firm.
The Selection Committee may, at their sole discretion modify the criteria points assigned after
a thorough review of the proposal and prior to final ranking by the final Selection Committee.
4. Tab IV, Savings to the County (25 Points)
In this tab, include the discount your company will offer the County. In order to be considered
responsive, the company must complete at least one item, the TOTAL of all lines will be
calculated at point zero one (.01) higher than the highest firm's TOTAL.
Provide the following information:
Description Discounts to the
County(enter amount
using decimals)
1. Provide the amount of the discount that your company will offer
the County off the Published MSRP price. Express the discount
using decimals. (Expressed as .xx)
• Submit a separate Excel spreadsheet providing examples of
manufacturer's suggested retail price items and the
discounts offered to the County.
2. Provide the amount of any additional discount that may be
offered to the County that is based on price quantity and/or
volume. Express the discount using decimals. (Expressed as .xx)
• Include examples of these discounts on the Excel
spreadsheet requested above.
TOTAL (Add lines 1 - 2 and enter total)
(Add lines 1 2)
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each firm's information provided in this area:
• The County shall total each of the firm's responses and create a ranking from highest
number to lowest number (TOTAL). Responses marked with an N/A or not completed (or
some similar notation will be given the score of zero (0)). Firms who do not turn in
information as requested will be given the lowest number of criteria points (0).
• The greatest number of criteria points allowed in this criterion will be awarded to the firm
who has the highest TOTAL.
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• The next highest firm's TOTAL will be divided by the highest firm's TOTAL which will then
be multiplied by criteria points to determine the firm's criteria points awarded. Each
subsequent firm's criteria point score will be calculated in the same manner.
• Points awarded will be extended to the first decimal point (per Microsoft Excel).
5. Tab V, Business Plan (30 Points)
In order for the firm to be awarded any points for this tab, the County requests that your
company develops a detailed business plan. Please include the following attributes:
• Detailed plan of approach, including but not limited to, management of the County's
inventory and/or the proposers inventory at a reasonable level to support "around the
clock service." Describe how the proposer will stock and manage inventory.
• Detailed time line for completion of the projected inventory for the County and Vendors
stock.
• Describe your disaster recovery plan should your primary distribution warehouse be
damaged or destroyed.
• Include with the Business Plan how your firm will ensure that all parts are available
within the specified time frame.
• Provide a narrative on your firms past experience with integrating with a computerized
enterprise asset management system (either SAP or CityWorks solution) and how you
would provide assistance to Collier County as they move towards a GIS based
enterprise asset management system over the next 24 months.
• Identify resources for assisting County in maintaining ordering parameters, forecasting,
and monitoring stock levels to provide the required material at the best price, on time,
and delivered to the right location.
• Describe how you will assist in operating its County warehouse network.
• Provide a description of how you're online ordering systems works and the benefits of
the system to Collier County.
6. Tab VI, References (10 points)
In order for the vendor to be awarded any points for this tab, the County requests that the
vendor submits five (5) completed reference forms from clients whose projects are of a similar
nature to this solicitation as a part of their proposal. The County will only use the methodology
calculations for the first five (5) references (only) submitted by the vendor in their proposal.
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each vendor's information provided in this area:
• The County shall total each of the vendor's five reference questionnaires and create a
ranking from highest number of points to lowest number of points. References marked
with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not
turn in reference forms will be counted as zero (0).
• The greatest number of points allowed in this criterion will be awarded to the vendor who
has the highest score.
• The next highest vendor's number of points will be divided by the highest vendor's points
which will then be multiplied by criteria points to determine the vendor's points awarded.
Each subsequent vendor's point score will be calculated in the same manner.
• Points awarded will be extended to the first decimal point (per Microsoft Excel).
For illustrative purposes only, see chart for an example of how these points would be
distributed among the six proposers.
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Vendor Total Reference
Vendor Name Points Awarded
Score
Vendor ABC 445 10.0
Vendor DEF 435 9.8
Vendor GI-II 425 9.6
Vendor JKL 385 8.7
Vendor MNO 385 8.7
Vendor PQR 250 5.6
The points awarded by vendor will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the vendor's proposal to
ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per
vendor. The Selection Committee may, at their sole discretion, contact references, and/or
modify the reference points assigned after a thorough review of the proposal and prior to final
ranking by the final Selection Committee.
7. Tab VII, Acceptance of Conditions
Indicate any exceptions to the general terms and conditions of the RFP, and to insurance
requirements or any other requirements listed in this RFP. If no exceptions are indicated in this
tabbed section, it will be understood that no exceptions to these documents will be considered
after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result
in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee
consideration, depending on the extent of the exception(s). Such determination shall be at the
sole discretion of the County and Selection Committee.
8. Tab VIII, Required Form Submittals
• Attachment 2: Vendor Check List
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Vendor Declaration Statement
• Attachment 5: Affidavit for Claiming Status as a Local Business
• Attachment 6: Immigration Affidavit Certification
• Attachment 7: Vendor Substitute W-9
• Attachment 8: Insurance and Bonding Requirements
• Attachment 9: Reference Questionnaire
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Exhibit II: General RFP Instructions
1. Questions
Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding
System website: www.colliergov.net/bid. 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 noted on the cover page.
2. Pre-Proposal Conference
The purpose of the pre-proposal conference is to allow an open forum for discussion and
questioning with County staff regarding this RFP with all prospective Vendors having an equal
opportunity to hear and participate. Oral questions will receive oral responses, neither of which will
be official, nor become part of the RFP. Only written responses to written questions will be
considered official, and will be included as part of this RFP as an addendum.
All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre-
proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory",
prospective Vendors must be present in order to submit a proposal response.
3. Compliance with the RFP
Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the
RFP may result in disqualification.
4. Ambiguity, Conflict, or Other Errors in the RFP
It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict,
discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist,
noted herein, of such error in writing and request modification or clarification of the document prior
to submitting the proposal. The Procurement Strategist will make modifications by issuing a written
revision and will give written notice to all parties who have received this RFP from the Purchasing
Department.
5. Proposal, Presentation, and Protest Costs
The County will not be liable in any way for any costs incurred by any Vendor in the preparation of
its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in
any discussions, negotiations, or, if applicable, any protest procedures.
6. Delivery of Proposals
All proposals are to be delivered before 3:00 PM, Naples local time, on or before September 9,
2013 to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples, FL 34112
Attn: Evelyn Colon, Procurement Strategist
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The County does not bear the responsibility for proposals delivered to the Purchasing
Department past the stated date and/or time indicated, or to an incorrect address by
Consultant's personnel or by the Consultant's outside carrier. However, the
Purchasing/General Services Director, or designee, reserves the right to accept proposals
received after the posted close time under the following conditions:
• The tardy submission of the proposal is due to the following circumstances, which may
include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS
or courier where delivery was scheduled before the deadline.
• The acceptance of said proposal does not afford any competing firm an unfair
advantage in the selection process.
Vendors must submit one (1) paper copy clearly labeled "Master," and six (6) disks
(CD's/DVD's) with one copy of the proposal on each disk in Word, Excel or PDF. List the
Solicitation Number and Title on the outside of the box or envelope.
7. Validity of Proposals
No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to
the County prior to the time set for the closing of Proposals. All proposals shall be valid for a
period of one hundred eighty (180) days from the submission date to accommodate evaluation
and selection process.
8. Method of Source Selection
The County is using the Competitive Sealed Proposals methodology of source selection for this
procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution Number
2006-268 establishing and adopting the Collier County Purchasing Policy.
The County may, as it deems necessary, conduct discussions with qualified Vendors 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.
9. Evaluation of Proposals
The County's procedure for selecting is as follows:
1. The County Manager or designee shall appoint a Selection Committee to review all proposals
submitted.
2. Request for Proposals issued.
3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals
received and verify whether each proposal appears to be minimally responsive to the
requirements of the published RFP.
4. Meetings will be open to the public and the Procurement Strategist shall publicly post prior
notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance
of all such meetings.
5. The committee members will review each Proposal individually and score each proposal
based on the evaluation criteria stated herein.
6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a
notice announcing the date, time and place of the first committee meeting. Said notice shall
be posted in the lobby of the Purchasing Building not less than three (3) working days prior to
the meeting. The Procurement Strategist will also post prior notice of all subsequent
committee meetings and shall endeavor to post such notices at least one (1) day in advance of
all subsequent meetings.
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7. The committee will compile individual rankings, based on the evaluation criteria as stated
herein, for each proposal to determine committee recommendations. The committee may at
their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make
site visits, and obtain guidance from third party subject matter experts. The final
recommendation will be decided based on review of scores and consensus of committee.
The County reserves the right to withdraw this RFP at any time and for any reason, and to issue
such clarifications, modifications, and/or amendments as it may deem appropriate.
Receipt of a proposal by the County or a submission of a proposal to the County offers no rights
upon the Vendor nor obligates the County in any manner.
Acceptance of the proposal does not guarantee issuance of any other governmental approvals.
Proposals which include provisions requiring the granting of zoning variances shall not be
considered.
10. References
The County reserves the right to contact any and all references pertaining to this solicitation and
related proposal.
11. Proposal Selection Committee and Evaluation Factors
The County Manager shall appoint a Selection Committee to review all proposals submitted. The
factors to be considered in the evaluation of proposal responses are listed below.
Tab II, Capability of the Company 15
Tab Ill, Accountability and Fiscal Stability 10
Tab IV, Savings to the County 25
Tab V, Business Plan 30
Tab VI, References 10
Local Vendor Preference 10
TOTAL 100
Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with
the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial
system) within the last five (5) years will receive the higher individual ranking. If there is a multiple
firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall
receive the higher ranking, the firm with the next lowest volume of work shall receive the next
highest ranking and so on.
12. Acceptance or Rejection of Proposals
The right is reserved by the County to waive any irregularities in any proposal, to reject any or all
proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by
Collier County to accept the proposal which in the judgment of the County is deemed the most
advantageous for the public and the County of Collier.
Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind,
may be cause for rejection. In the event of default of the successful Vendor, or their refusal to
enter into the Collier County contract, the County reserves the right to accept the proposal of any
other Vendor or to re-advertise using the same or revised documentation, at its sole discretion.
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Exhibit Ill: Collier County Purchase Order Terms and Conditions
1. Offer sold hereunder shall transfer to the
This offer is subject to cancellation by the COUNTY at the time and place of
COUNTY without notice if not accepted by delivery; provided that risk of loss prior
VENDOR within fourteen (14) days of to actual receipt of the goods by the
issuance. COUNTY nonetheless remain with
VENDOR.
2. Acceptance and Confirmation b) No charges will be paid by the COUNTY
This Purchase Order (including all for packing, crating or cartage unless
documents attached to or referenced otherwise specifically stated in this
therein) constitutes the entire agreement Purchase Order. Unless otherwise
between the parties, unless otherwise provided in Purchase Order, no invoices
specifically noted by the COUNTY on the shall be issued nor payments made
face of this Purchase Order. Each delivery prior to delivery. Unless freight and
of goods and/or services received by the other charges are itemized, any
COUNTY from VENDOR shall be deemed to discount will be taken on the full amount
be upon the terms and conditions contained of invoice.
in this Purchase Order. c) All shipments of goods scheduled on the
same day via the same route must be
No additional terms may be added and consolidated. Each shipping container
Purchase Order may not be changed except must be consecutively numbered and
by written instrument executed by the marked to show this Purchase Order
COUNTY. VENDOR is deemed to be on number. The container and Purchase
notice that the COUNTY objects to any Order numbers must be indicated on bill
additional or different terms and conditions of lading. Packing slips must show
contained in any acknowledgment, invoice Purchase Order number and must be
or other communication from VENDOR, included on each package of less than
notwithstanding the COUNTY'S acceptance container load (LCL) shipments and/or
or payment for any delivery of goods and/or with each car load of equipment. The
services, or any similar act by VENDOR. COUNTY reserves the right to refuse or
return any shipment or equipment at
3. Inspection VENDOR'S expense that is not marked
All goods and/or services delivered with Purchase Order numbers.
hereunder shall be received subject to the VENDOR agrees to declare to the
COUNTY'S inspection and approval and carrier the value of any shipment made
payment therefore shall not constitute under this Purchase Order and the full
acceptance. All payments are subject to invoice value of such shipment.
adjustment for shortage or rejection. All d) All invoices must contain the Purchase
defective or nonconforming goods will be Order number and any other specific
returned pursuant to VENDOR'S instruction information as identified on the
at VENDOR'S expense. Purchase Order. Discounts of prompt
payment will be computed from the date
To the extent that a purchase order requires of receipt of goods or from date of
a series of performances by VENDOR, the receipt of invoices, whichever is later.
COUNTY prospectively reserves the right to Payment will be made upon receipt of a
cancel the entire remainder of the Purchase proper invoice and in compliance with
Order if goods and/or services provided Chapter 218, Fla. Stats., otherwise
early in the term of the Purchase Order are known as the "Local Government
non-conforming or otherwise rejected by the Prompt Payment Act," and, pursuant to
COUNTY. the Board of County Commissioners
4. Shipping and Invoices Purchasing Policy.
a) All goods are FOB destination and must
be suitably packed and prepared to 5. Time Is Of the Essence
secure the lowest transportation rates Time for delivery of goods or performance of
and to comply with all carrier services under this Purchase Order is of the
regulations. Risk of loss of any goods essence. Failure of VENDOR to meet
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delivery schedules or deliver within a regulation noted on the face of the Purchase
reasonable time, as interpreted by the Order.
COUNTY in its sole judgment, shall entitle
the COUNTY to seek all remedies available 9. Advertising
to it at law or in equity. VENDOR agrees to No VENDOR providing goods and services
reimburse the COUNTY for any expenses to the COUNTY shall advertise the fact that
incurred in enforcing its rights. VENDOR it has contracted with the COUNTY for
further agrees that undiscovered delivery of goods and/or services, or appropriate or
nonconforming goods and/or services is not make use of the COUNTY'S name or other
a waiver of the COUNTY'S right to insist identifying marks or property without the
upon further compliance with all prior written consent of the COUNTY'S
specifications. Purchasing Department.
6. Changes
The COUNTY may at any time and by 10. Indemnification
written notice make changes to drawings VENDOR shall indemnify and hold harmless
and specifications, shipping instructions, the COUNTY from any and all claims,
quantities and delivery schedules within the including claims of negligence, costs and
general scope of this Purchase Order. expenses, including but not limited to
Should any such change increase or attorneys' fees, arising from, caused by or
decrease the cost of, or the time required for related to the injury or death of any person
performance of the Purchase Order, an (including but not limited to employees and
equitable adjustment in the price and/or agents of VENDOR in the performance of
delivery schedule will be negotiated by the their duties or otherwise), or damage to
COUNTY and VENDOR. Notwithstanding property (including property of the COUNTY
the foregoing, VENDOR has an affirmative or other persons), which arise out of or are
obligation to give notice if the changes will incident to the goods and/or services to be
decrease costs. Any claims for adjustment provided hereunder.
by VENDOR must be made within thirty (30)
days from the date the change is ordered or 11. Warranty of Non-Infringement
within such additional period of time as may VENDOR represents and warrants that all
be agreed upon by the parties. goods sold or services performed under this
Purchase Order are: a) in compliance with
7. Warranties applicable laws; b) do not infringe any
VENDOR expressly warrants that the goods patent, trademark, copyright or trade secret;
and/or services covered by this Purchase and c) do not constitute unfair competition.
Order will conform to the specifications,
drawings, samples or other descriptions VENDOR shall indemnify and hold harmless
furnished or specified by the COUNTY, and the COUNTY from and against any and all
will be of satisfactory material and quality claims, including claims of negligence, costs
production, free from defects and sufficient and expense, including but not limited to
for the purpose intended. Goods shall be attorneys' fees, which arise from any claim,
delivered free from any security interest or suit or proceeding alleging that the
other lien, encumbrance or claim of any third COUNTY'S use of the goods and/or
party. These warranties shall survive services provided under this Purchase Order
inspection, acceptance, passage of title and are inconsistent with VENDOR'S
payment by the COUNTY. representations and warranties in section 11
(a).
8. Statutory Conformity
Goods and services provided pursuant to If any claim which arises from VENDOR'S
this Purchase Order, and their production breach of section 11 (a) has occurred, or is
and transportation shall conform to all likely to occur, VENDOR may, at the
applicable laws, including but not limited to COUNTY'S option, procure for the COUNTY
the Occupational Health and Safety Act, the the right to continue using the goods or
Federal Transportation Act and the Fair services, or replace or modify the goods or
Labor Standards Act, as well as any law or services so that they become non-infringing,
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(without any material degradation in relevant information with respects to what
performance, quality, functionality or steps VENDOR is taking to complete
additional cost to the COUNTY). delivery of the goods and/or services to the
COUNTY.
12. Insurance Requirements
The VENDOR, at its sole expense, shall 15. Assignment
provide commercial insurance of such type VENDOR may not assign this Purchase
and with such terms and limits as may be Order, nor any money due or to become due
reasonably associated with the Purchase without the prior written consent of the
Order. Providing and maintaining adequate COUNTY. Any assignment made without
insurance coverage is a material obligation such consent shall be deemed void.
of the VENDOR. All insurance policies shall
be executed through insurers authorized or 16. Taxes
eligible to write policies in the State of Goods and services procured subject to this
Florida. Purchase Order are exempt from Florida
sales and use tax on real property, transient
13. Compliance with Laws rental property rented, tangible personal
In fulfilling the terms of this Purchase Order, purchased or rented, or services purchased
VENDOR agrees that it will comply with all (Florida Statutes, Chapter 212), and from
federal, state, and local laws, rules, codes, federal excise tax.
and ordinances that are applicable to the
conduct of its business. By way of non- 17. Annual Appropriations
exhaustive example, this shall include the The COUNTY'S performance and obligation
American with Disabilities Act and all to pay under this Purchase Order shall be
prohibitions against discrimination on the contingent upon an annual appropriation of
basis of race, religion, sex creed, national funds.
origin, handicap, marital status, or veterans'
status. Further, VENDOR acknowledges 18. Termination
and without exception or stipulation shall be This Purchase Order may be terminated at
fully responsible for complying with the any time by the COUNTY upon 30 days
provisions of the Immigration Reform and prior written notice to the VENDOR. This
Control Act of 1986 as located at 8 U.S.C. Purchase Order may be terminated
1324, et seq. and regulations relating immediately by the COUNTY for breach by
thereto, as either may be amended. Failure VENDOR of the terms and conditions of this
by the awarded firm(s) to comply with the Purchase Order, provided that COUNTY has
laws referenced herein shall constitute a provided VENDOR with notice of such
breach of the award agreement and the breach and VENDOR has failed to cure
County shall have the discretion to within 10 days of receipt of such notice.
unilaterally terminate said agreement
immediately. Any breach of this provision 19. General
may be regarded by the COUNTY as a a) This Purchase Order shall be governed
material and substantial breach of the by the laws of the State of Florida. The
contract arising from this Purchase Order. venue for any action brought to
specifically enforce any of the terms and
14. Force Majeure conditions of this Purchase Order shall
Neither the COUNTY nor VENDOR shall be be the Twentieth Judicial Circuit in and
responsible for any delay or failure in for Collier County, Florida
performance resulting from any cause b) Failure of the COUNTY to act
beyond their control, including, but without immediately in response to a breach of
limitation to war, strikes, civil disturbances this Purchase Order by VENDOR shall
and acts of nature. When VENDOR has not constitute a waiver of breach.
knowledge of any actual or potential force Waiver of the COUNTY by any default
majeure or other conditions which will delay by VENDOR hereunder shall not be
or threatens to delay timely performance of deemed a waiver of any subsequent
this Purchase Order, VENDOR shall default by VENDOR.
immediately give notice thereof, including all
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c) All notices under this Purchase Order Expenses for Public Officers, employees
shall be sent to the respective and authorized persons.
addresses on the face page by certified e) In the event of any conflict between or
mail, return receipt requested, by among the terms of any Contract
overnight courier service, or by personal Documents related to this Purchase
delivery and will be deemed effective Order, the terms of the Contract
upon receipt. Postage, delivery and Documents shall take precedence over
other charges shall be paid by the the terms of the Purchase Order. To the
sender. A party may change its address extent any terms and /or conditions of
for notice by written notice complying this Purchase Order duplicate or overlap
with the requirements of this section. the Terms and Conditions of the
d) The Vendor agrees to reimbursement of Contract Documents, the provisions of
any travel expenses that may be the Terms and/or Conditions that are
associated with this Purchase Order in most favorable to the County and/or
accordance with Florida Statute Chapter provide the greatest protection to the
112.061, Per Diem and Travel County shall govern.
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Exhibit IV: Additional Terms and Conditions for RFP
1. 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 the Insurance and
Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance
upon the entire project, if required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to the
proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors
and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
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. 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 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.
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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.
2. 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.
3. Additional Items and/or Services
Additional items and / or services may be added to the resultant contract, or purchase order, in
compliance with the Purchasing Policy.
4. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly
responsible for 81% or more of the solicitation amount for said work.
5. County's Right to Inspect
The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site
during and after each work assignment the Vendor is performing.
6. Additional Terms and Conditions of Contract
Collier County has developed standard contracts/agreements, approved by the Board of County
Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County
contract within twenty one (21) days of Notice of Selection for Award.
The County reserves the right to include in any contract document such terms and conditions, as it
deems necessary for the proper protection of the rights of Collier County. A sample copy of this
contract is available upon request. The County will not be obligated to sign any contracts,
maintenance and/or service agreements or other documents provided by the Vendor.
7. Payment Method
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
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• 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(a�collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and/or services
as part of this agreement.
Payment methods include:
• Traditional — payment by check, wire transfer or other cash equivalent.
• Standard — payment by purchasing card. Collier County's Purchasing Card Program is
supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is
cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of
using the County's credit card for transactions relating to this solicitation. The County will entertain
bids clearly stating pricing for standard payment methods. An additional separate discounted price
for traditional payments may be provided at the initial bid submittal if it is clearly marked as an
"Additional Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that
prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for
payment without prior approval from the Project manager. All invoices should be submitted within
the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.)
Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment)
unless specifically authorized by the Project Manager.
Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after completion
of contract. Any untimely submission of invoices beyond the specified deadline period 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.
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8. 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.
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.
9. Licenses
The Vendor is required to possess the correct Business Tax Receipt, professional license, and any
other authorizations necessary to carry out and perform the work required by the project pursuant to
all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any
kind. Additionally, copies of the required licenses must be submitted with the proposal
response indicating that the entity proposing, as well as the team assigned to the County
account, is properly licensed to perform the activities or work included in the contract
documents. Failure on the part of any Vendor to submit the required documentation may be
grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also
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.
If you have questions regarding professional licenses contact the Contractor Licensing, Community
Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions
regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-
2477.
10. Principals/Collusion
By submission of this Proposal the undersigned, as Vendor, does declare that the only person or
persons interested in this Proposal as principal or principals is/are named therein and that no person
other than therein mentioned has any interest in this Proposal or in the contract to be entered into;
that this Proposal is made without connection with any person, company or parties making a
Proposal, and that it is in all respects fair and in good faith without collusion or fraud.
11. Relation of County
It is the intent of the parties hereto that the Vendor shall be legally considered an independent
Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be
considered employees or agents of the County, and that the County shall be at no time legally
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responsible for any negligence on the part of said Vendor, their employees or agents, resulting in
either bodily or personal injury or property damage to any individual, firm, or corporation.
12. Termination
Should the Vendor be found to have failed to perform his 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.
13. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be
lobbied, either individually or collectively about a project for which a firm has submitted a Proposal.
Firms and their agents are not to contact members of the County Commission for such purposes as
meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to
final Board approval, no firm or their agent shall contact any other employee of Collier County in
reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to
abide by this provision may serve as grounds for disqualification for award of this contract to the firm.
14. 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.orq/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.
15. Single Proposal
Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one
proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as
a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-
consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a
primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-
consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this
requirement will be deemed non-responsive and rejected from further consideration.
16. Survivability
Purchase Orders: The Vendor agrees that any Purchase Order that extends beyond the expiration
date of the original Solicitation #13-6095 will survive and remain subject to the terms and conditions
of that Agreement until the completion or termination of this Purchase Order.
17. Protest Procedures
Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the
former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of
proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m.
Collier County time on the final published date for the acceptance of the Request for Proposals.
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The Board of County Commissioners will make award of contract in public session. Award
recommendations will be posted outside the offices of the Purchasing Department on Wednesdays
and Thursdays. Any actual or prospective respondent who desires to formally protest the
recommended contract award must file a notice of intent to protest with the Purchasing 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 Purchasing Director.
18. Public Entity Crime
A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity
for the construction or repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months following the date of being placed on the convicted
vendor list.
19. Security and Background Checks
If required, Vendor/ Contractor/ Proposer shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department, and drug testing for all employees
that shall provide services to the County under this Agreement. This may include, but not be limited
to, checking federal, state and locale 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.
20. Conflict of Interest
Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP
document. 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.
21. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311.
Violation of this provision may result in one or more of the following consequences: a. Prohibition by
the individual, firm, and/or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.
immediate termination of any contract held by the individual and/or firm for cause.
#13-6095 Underground Parts 23
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22. Immigration Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-
based means of verifying employment eligibility of workers in the United States; it is not a substitute
for any other employment eligibility verification requirements. The program will be used for Collier
County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional
services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of
their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of
the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also
required to provide the Collier County Purchasing Department an executed affidavit certifying they
shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the
Bidder/Vendor does not comply with providing both the acceptable E-Verify evidence and the
executed affidavit the bidder's /vendor's proposal may be deemed non-responsive.
Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all
purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E-Verify) program
visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to
familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be
fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986
as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and
with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the
laws referenced herein or the provisions of this affidavit shall constitute a breach of the award
agreement and the County shall have the discretion to unilaterally terminate said agreement
immediately.
23. Collier County Local Preference Policy
Collier County provides an incentive to local business to enhance the opportunities of local
businesses in the award of County contracts. In the evaluation of proposals, the County rewards
Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion
points.
A "local business" is defined as a business that has a valid occupational license issued by either
Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal
submission that authorizes the business to provide the commodities or services to be purchased, and
a physical business address located within the limits of Collier or Lee Counties from which the vendor
operates or performs business. Post Office Boxes are not verifiable and 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
#13-6095 Underground Parts 24
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either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited
to, the retention and expansion of employment opportunities, the support and increase to either
Collier or Lee County's tax base, and residency of employees and principals of the business within
Collier or Lee 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.
The vendor must complete and submit with their proposal response the Affidavit for Claiming Status
as a Local Business which is included as part of this solicitation.
Failure on the part of a vendor to submit this Affidavit with their proposal response will
preclude said Vendor from being considered for local preference under this solicitation.
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.
#13-6095 Underground Parts 25
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CO ler Gamy
Adrr1nisva ve Services Dwision
Purhasing
Attachment 1: Vendor's Non-Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear,
concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective
Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please
indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on
the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami
Trail E, Naples, FL 34112.
We are not responding to Solicitation #13-6095 Underground Parts for the following reason(s):
❑ Services requested not available through our company.
❑ Our firm could not meet specifications/scope of work.
❑ Specifications/scope of work not clearly understood or applicable (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):
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
#13-6095 Underground Parts 26
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ier County
Adn nistraUve Services Division
Purchasing
Attachment 2: Vendor Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces
indicated and return with your Proposal. Vendor should check off each of the following items as the
necessary action is completed:
❑ The Proposal has been signed.
❑ All applicable forms have been signed and included, along with licenses to complete the
requirements of the project.
Any addenda have been signed and included.
❑ The mailing envelope has been addressed to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Evelyn Colon, Procurement Strategist
❑ The mailing envelope must be sealed and marked with Solicitation #13-6095 Underground
Parts and September 20, 2013.
❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date
and time. (Otherwise Proposal cannot be considered.)
ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET.
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
#13-6095 Underground Parts 27
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Cc rer- County
fidnistaatvve Services Dvision
urchasi ig
Attachment 3: Conflict of Interest Affidavit
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that,
to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned
interest or activity (financial, contractual, organizational, or otherwise)which relates to the proposed
work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been
fully disclosed.
Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the
Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises
during the contract and/or project duration.
Firm:
Signature and Date:
Print Name
Title of Signatory
State of
County of
SUBSCRIBED AND SWORN to before me this day of
20
by , who is personally known to me to be the
for the Firm, OR who produced the following
identification
Notary Public
My Commission Expires
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at
Co Itler Cotty
Acirritnistrative Services Dvi on
Purchasing
Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: Solicitation: #13-6095 Underground Parts
Dear Commissioners:
The undersigned, as Vendor declares that this proposal is made without connection or arrangement with
any other person and this proposal is in every respect fair and made in good faith, without collusion or
fraud.
The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of
establishing a formal contractual relationship between the firm and Collier County, for the performance of
all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the
proposal documents listed by Solicitation: #13-6095 Underground Parts.
(Proposal Continued on Next Page)
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PROPOSAL CONTINUED
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20
the County of , in the State of
Firm's Legal Name:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document Number:
Federal Tax Identification
Number
CCR#or CAGE Code
Telephone:
FAX:
Signature by:
(Typed and written)
Title:
Additional Contact Information
Send payments to:
(required if different from above) Company name used as payee
Contact name:
Title:
Address:
City, State,ZIP
Telephone:
FAX:
Email:
Office servicing Collier
County to place orders
(required if different from above)
Contact name:
Title:
Address:
City, State,ZIP
Telephone: Email
#13-6095 Underground Parts 30
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Co ter County
Acirntnistrative Services Division
urchasirig
Attachment 5: Affidavit for Claiming Status as a Local Business
Solicitation: #13-6095 Underground Parts (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;
A"local business" is defined as a business that has a valid occupational license issued by either Collier or Lee
County for a minimum of one (1)year prior to a Collier County bid or proposal submission that authorizes the
business to provide the commodities or services to be purchased, and a physical business address located within
the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are
not verifiable and 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 either Collier or Lee County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or
Lee County's tax base, and residency of employees and principals of the business within Collier or Lee 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.
Vendor must complete the following information:
Year Business Established in ['Collier County or ❑ Lee County:
Number of Employees (Including Owner(s)or Corporate Officers):
Number of Employees Living in ❑ Collier County or❑ Lee (Including Owner(s)or Corporate Officers):
If requested by the County, vendor will be required to provide documentation substantiating the information given in
this affidavit. Failure to do so will result in vendor's submission being deemed not applicable.
Vendor Name: Date:
Collier or Lee County Address:
Signature: Title:
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of
, 20
Notary Public
My Commission Expires:
(AFFIX OFFICIAL SEAL)
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CoCier Ccnvrcy
Adrrnistsa,ive Services Drosi3n
Purchasing
Attachment 6: Immigration Affidavit Certification
Solicitation: #13-6095 Underground Parts
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's) and Request for Proposals (RFP)submittals. Further, Vendors/ Bidders are
required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the
time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the
properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum
of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment
in the E-Verify program, may deem the Vendor/Bidder's proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized
alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section
274A(e)of the Immigration and Nationality Act ("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e) of the INA
shall be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration
Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of
Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System
(E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration
at the time of submission of the Vendor's/Bidder's proposal.
Company Name
Print Name Title
Signature Date
State of
County of
The foregoing instrument was signed and acknowledged before me this day of
20_, by
who has produced as identification.
(Print or Type Name) (Type of Identification and Number)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein,the truth and accuracy
of this affidavit to interrogatories hereinafter made.
#13-6095 Underground Parts 32
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Cofer County
Admistrattve Services Dyson
Purchabrig
Attachment 7:Vendor Substitute W—9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address City
State Zip
Telephone FAX Email
Order Information Remit/Payment Information
Address Address
City State Zip City State Zip
FAX FAX
Email Email
2. Company Status (check only one)
_Individual/Sole Proprietor _Corporation _Partnership
Tax Exempt (Federal income tax-exempt entity _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
#13-6095 Underground Parts 33
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+aunty
Administrative Services Division
purchasing
Attachment 8: 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 $100,000 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
ContractorNendor/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 ContractorNendor/Consultant or anyone
employed or utilized by the ContractorNendor/Consultant 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.
4. x 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 (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 Occurrence
• $ 500,000 each claim and in the aggregate
• $1,000,000 each claim and in the aggregate
• $2,000,000 each claim and in the aggregate
❑ Professional Liability $ per claim and in
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1/14/2014 16.C.1 .
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Valuable Papers Insurance $ Per Occurrence
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and 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
Airport Authority 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. 0 Thirty (30) Days Cancellation Notice required.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be required
within five(5) days of the award of this solicitation.
Name of Firm Date
Vendor Signature
Print Name
Insurance Agency
Agent Name Telephone Number
#13-6095 Underground Parts 35
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Colrier County
Adnvnistsavve Sen ces Dvisian
Purtasing
Attachment 9: Reference Questionnaire
Solicitation: #13-6095 Underground Parts
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name: Company:
(Evaluator completing reference questionnaire) (Evaluator's Company completing reference)
Email: FAX: Telephone:
Collier County is implementing a process that collects reference information on firms and their key personnel to be used
in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as
a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the
best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the
firm/individual again)and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again).
If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will
be scored "0."
Project Description: Completion Date:
Project Budget: Project Number of Days:
Change Orders - Dollars Added : Change Orders - Days Added:
Item Citeria Score
1 Ability to manage the project costs (minimize change orders to scope).
2 Ability to maintain project schedule (complete on-time or early).
3 Quality of work.
4 Quality of consultative advice provided on the project.
5 Professionalism and ability to manage personnel.
6 Close out project process (final product turnover; invoices; manuals or going
forward documentation, etc.)
7 Ability to verbally communicate and document information clearly and succinctly.
8 Abiltity to manage risks and unexpected project circumstances.
9 Ability to follow County policies, procedures, rules, regulations, etc.
10 Overall comfort level with hiring the company in the future (customer satisfaction).
TOTAL SCORE OF ALL ITEMS
Please FAX this completed survey to: By
#13-6095 Underground Parts 36
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Packet Page -916-
1/14/2014 16.C.1.
AGREEMENT13-6095
Underground Parts
THIS AGREEMENT, made and entered into on this day of 20 , by
and between Ferguson Waterworks, Inc., authorized to do business in the State of Florida,
whose business address is 3801 Prospect Avenue, Naples, FL 34104, (the "Contractor") and
Collier County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH;
1. COMMENCEMENT. The Contractor shall commence the work upon the issuance of a
Purchase Order.
2. CONTRACT' TERM. The contract shall be for a two (2) year period, commencing on
the above date and terminating two (2)years from that date.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for one
(1) additional two (2) year period. 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 shall give the
Contractor written notice of the County's intention to extend the Agreement term not
less than ten (10) days prior to the end of the Agreement term then in effect.
3. STATEMENT OF WORK. The Contractor shall provide Underground Parts in
accordance with the terms and conditions of RFP #13-6095, Contractor's Proposal and
Exhibit A, Scope of Services and Clarifications, referred to herein and made an integral
part of this agreement. This Agreement contains the entire understanding between the
parties and any modifications to this Agreement shall be mutually agreed upon in
writing by the Parties, in compliance with the County Purchasing Policy and
Administrative Procedures in effect at the time such services are authorized.
4. COMPENSATION. The County shall pay the Contractor for the performance of this
Agreement the aggregate of the units actually ordered and furnished at the unit price,
according to Exhibit B, Pricing, together with the cost of any other charges/fees
submitted in the proposal.
Any County agency may purchase products and services under this contract, provided
sufficient funds are included in their budget(s). Payment will be made upon receipt of a
proper invoice and upon approval by the Project Manager or his designee, and in
Page 1 of 13
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1/14/2014 16.C.1 .
compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government
Prompt Payment Act".
4.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services. All invoices must be
received 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.
5. 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.
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
Ferguson Waterworks, Inc.
3801 Prospect Avenue,
Naples, FL 34104
Attention: JoDerek Adams
Tel:239-643-4970
Fax: 239-643-4945
Email: loderek.adams@ferguson.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Purchasing&General Services Director
Tel: 239-252-8407
Fax: 239-252-6480
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.
7. 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.
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8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., 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.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
9. 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 contract 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 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.
10. TERMINATION. Should the Contractor be found to have failed to perform his services
in a manner satisfactory to the County as per 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.
In the event that the County terminates this Agreement, Contractor's recovery against
the County shall be Iimited to that portion of the Contract Amount earned through the
date of termination. The Contractor shall not be entitled to any other or further recovery
against the County, including, but not limited to, any damages or any anticipated profit
on portions of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color,creed or national origin.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
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.
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B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 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 $1.00,000 for
each accident.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy at the following address: Collier County Purchasing, 3327 Tamiami Trail East,
Naples, FL 34112.
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 ten (10) days prior to any
expiration date. Coverage afforded under the policies will not be canceled or allowed to
expire until the greater of: ten (10) 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 Consultant 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 he is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor 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, whether resulting from any
claimed breach of this Agreement by Contractor, any statutory or regulatory violations,
or from personal injury, property damage, direct or consequential damages, or
economic loss, 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.
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13.1 The duty to defend under this Article 13 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 13 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.
14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Collier County Public Utilities Water/Wastewater Department.
15. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents that
no persons having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS CONTRACT. This Agreement consists of the
following component parts, all of which are as fully a part of the contract as if herein set
out verbatim: Contractor's Proposal, Insurance Certificate, RFP #13-6095 Underground
Parts Specifications/Scope of Services, Addendum and Exhibits A and B.
17. 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.
18. 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, 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 Agreement held by the individual and/or
firm for cause.
19. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and
requirements applicable to this Agreement, including but not limited to those dealing
with 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; taxation, workers'
compensation, equal employment and safety and the Florida Public Records Law
Chapter 119 (including specifically those contractual requirements at F.S. §
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119.0701(2)(a)-(d) and (3))). If Contractor observes that the Agreement Documents are at
variance therewith, it shall promptly notify the County in writing. 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.
20. 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.
21. 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.
22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this Agreement in accordance with Exhibit B, and shall not require a change order or
other modification to this Agreement.
23. 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.
24. 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.
23. CONTRACT STAFFING: The Contractor's personnel and management to be utilized
for this Contract shall be knowledgeable in their areas of expertise. The County reserves
the right to perform investigations as may be deemed necessary to ensure that
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competent persons will be utilized in the performance of the Agreement. The Contractor
shall assign as many people as necessary to complete the services on a timely basis, and
each person assigned shall be available for an amount of time adequate to meet the
required service delivery dates.
26. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of
any of the Agreement Documents, the terms of the Request for Proposal (RFP) and/or
the Contractor's Proposal, the Agreement Documents shall take precedence.
27. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement, or any part herein, without the County's consent, shall be void. 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 the County.
* * * * *
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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
By: By:
Georgia A. Hiller, Esq.,Chairwoman
Dated:
(SEAL)
Ferguson Waterworks, Inc.
Contractor
By:
First Witness Signature
isType/print witness name'r l'Type/print signature and title
Second Witness
ls Type/print witness namet
Approved as to Form and Legality:
County Attorney (a)
Print Name
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Exhibit A
Scope of Services and Clarifications
13-6095 Underground Utilities Supplies
This agreement will be to provide commodity based equipment/parts to the Water/Waste
Water and other County departments on an as needed basis. This shall include, but not be
limited to, the following:
1. Furnish requested utility products generally on a same day or within 2 - 3 business
days. This shall also include 24/7 contact and assistance for after hours emergencies,
including, responding by providing parts after a natural disaster. For any orders
placed by the County for items with long lead times, the Contractor shall inform the
County of the estimated delivery date and make every effort to obtain the items in
the shortest time possible. The County reserves the right to cancel any long lead time
items with no penalty should the lead time extend beyond the original estimated
delivery date.
J
2. Purchase adequate quantities and stock to support the County utility operations.
Additionally the supplier shall be able to provide quick delivery to any designated
site within the County.
3. Provide an On-line Order system via an internet link. This on-line system must be a
complete and comprehensive order system with the capability of providing real-time
management reports and invoices into a downloadable Excel format. The County
will determine the data requirements with the successful supplier, minimally, the
supplier must provide quarterly spend analysis and inventory usage reports by
department. This order system must be available for the Public Utilities to view,
order and run management reports prior to the start of the Agreement.
4. Provide a customer service representative to serve as a single point of contact to the
County to assist with Agreement, order, invoice, and other items relating to the
resultant Agreement.
5. Develop a vendor managed inventory plan of the County's physical assets as
detailed below. The County at its sole discretion will determine whether to enact the
plan in total, or in pieces. Should the County accept the plan, it will be the sole
responsibility of the successful supplier to manage and maintain the inventory plan.
The County will be responsible for determining the type and quantity of inventory
to stock.
6. All invoices shall include payment terms of 1% net 30 days. Invoices shall be
submitted to the County with the following information clearly labeled: purchase
order number, delivery location, part name and number, unit of measure and
quantity, manufacturer, net price and extended price.
7. Conduct Quarterly Business Review Meetings to :
1) Discuss parts usage reports; reports must include, but not limited to: type of
parts purchased, volume purchased by plant, manufacturer, fill rate, price, etc.;
2) Review current business processes, and consider "best practices" to help reduce
future costs and maximize efficiencies in the procurement and delivery of parts,
and to;
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3) Consider possible pilot program efficiencies particularly around new
technology.
Asset Management
Collier County is currently working on a new Asset Management system and will require the
contractor to use Collier County part numbers. The contractor shall be available to work
with the Asset Management team when needed. The contractor shall also provide the
County with Bar Coding system.
Inventory Management Plan
After reviewing the inventory currently on hand at the County warehouse, several
opportunities exist to reduce inventory, without sacrificing availability and service. The
contractor shall work cooperatively with the County staff to develop an inventory
management plan as identified below:
Implementation time 0-90 days after Agreement execution
• Work with County to identify and rank items in order of priority (example A, B, C,
etc.). Higher ranked items are industry standards and there is very little need to stock
a large quantity, or any quantity, as they are located at Contractor facility less than a
mile away from the County warehouse.
• Identify items with long lead times to proactively determine the Level of stock required
to prevent outages
Identify emergency and repair items and agree on stocking levels for these items.
Create minimums for products needed/desired to be kept at the County warehouse.
• Create minimums for products needed/desired to be kept at Ferguson's warehouse.
Review and create buyback schedule for items needed to be returned to achieve new
County stocking minimums.
Help to review Collier County computer inventory/purchasing system to identify any
product demand calculations.
- If no demand system exists, develop a demand system that either Ferguson or the
County may maintain (at the County's discretion) to develop better buying history
with monthly indicators. In addition incorporate quantities of known upcoming
projects with new monthly demands to create better and timelier purchase quantities.
%. Schedule weekly or bi-weekly (at County's discretion) warehouse visits with staff to
review inventory requirements and run rates, and resolve any issues.
Implementation time 91-120 days after Agreement execution
Start to review demand data with County staff.
Review and remedy items stocked, new needs and items that may need to be phased
out due to lack of demand or changed specification.
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121 Days and throughout Agreement
Review demands and ensure warehouse minimums are maintained monthly.
Online Ordering
Contractor to provide an online system that allows the County to:
✓ Access free 24/7.
✓ Order material.
✓ Utilize Collier County item codes to search items, check history, print on invoices, etc.
✓ Review purchasing history.
✓ Check local Ferguson inventory.
✓ Review product specifications and parts list (great for backflows and hydrants.)
✓ Review Individual Invoices.
✓ Review Monthly statements.
✓ Allow as many County staff access as desired (includes ability of different
departments such as warehouse, finance, purchasing to be able to review at same
time)
✓ Allow for County Supervisor to restrict/enable County staff to access different areas
of the website.
✓ Work with Collier County to determine which parts should be bar coded and type of
equipment necessary to start-up program. Bar coding of incoming parts will be
required for the items that Collier County determines will be bar coded.
Currently Collier County has access to the Ferguson on-line ordering system. At no
additional cost, Contractor will train County associates in any and all departments that may
find it helpful, including the Clerk of Courts Finance Division. County will provide a
schedule for training of appropriate personnel. Contractor will also interview County Staff in
these training sessions to determine how to modify the site to better assist County Staff in
completing their tasks. Through this system Contractor will identify items needing new
County product numbers or updated descriptions to help build a more user friendly product
file.
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Exhibit B
Pricing
13-6095 Underground Utilities Supplies
1. A representative list of items with list price and discount to the County was provided
by the Contractor in Section 3 of the RFP response which is incorporated herein by
reference. This price list is not inclusive of all parts that will be purchased under this
Agreement. The Contractor shall provide the Ferguson Stocked Product Price List,
hereinafter "List", which includes the discount off list pricing sorted by manufacturer.
This List consists of approximately 5,000 core items which shall be updated as needed,
generally on a monthly basis. Pricing under this Agreement not only encompasses the
items on the RFP response and the List, but gives the County access to all products
from any manufacturer on the List with a published list price at the same discounted
rate as the RFP and List items. (Example: Ford Meter Box currently has 250 items on
the RFP price proposal, but over 46,000 items would be accessible using this method.)
The List shall be provided to the County and Finance in the form of an Excel
spreadsheet,however, upon the request of the County, the Contractor will provide the
List in CD or other acceptable format, including integration with the SAP financial
system.
2. Updates, revisions and/or modifications to the list may include, but not be limited to:
addition or deletion of items, and upward or downward changes to the manufacturer
discount off list. Should there be any change to the List that results in a net price
increase to the County, the Contractor shall provide a letter from the manufacturer
substantiating the reason for the increase. Any such price increase shall require written
approval by the County and will be effective in the month following the increase. Any
such approved changes shall then be reflected in a revised List as provided by the
Contractor. No retroactive price increases will be allowed. Requests for consideration
of a price adjustment must be made, in writing, to the Agreement Manager and must
be based upon increased costs to the Contractor only. Verification of these increases
shall be furnished to the County Agreement Manager along with the written request
for increase. Any upward price adjustment approved by the County shall impose
upon the Contractor the requirement to advise and extend credit to the County when
costs similarly decrease.
3. Additionally, any part or Specialty item that is not included in the List, or from any
manufacturer on the List, hereinafter "Unlisted Items," shall be available from the
Contractor for purchase by the County upon satisfactory negotiation of price between
the County Agreement manager and the Contractor. Generally, these Unlisted Items
shall be sourced by the Contractor and provided to the County at cost plus an eleven
percent (11%) service charge. Any separate freight charges for these Unlisted Items
will be paid at cost by the County. Freight shall be FOB Destination. The Contractor
may add any Unlisted Parts to the List in order to accommodate future purchases by
the County. The Contractor shall also add Unlisted Items to the list upon the request
of the County Agreement Manager. Once an Unlisted Item is added to the List, the
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pricing shall be fixed at a mutually negotiated quarterly price and reviewed at the end
of that quarter for price adjustments if necessary.
4. For commodity type items, such as piping, stainless steel,HDPE and other commodity
based items and products that do not have a list price, the Contractor shall provide
then-current pricing to the County for ordering purposes. Upon approval of the
pricing provided at that time,the County will order the material.
5. For large quantity purchases, the County reserves the right to separately negotiate a
more substantial pricing discount with the Contractor, which shall not necessarily
affect the pricing on the List.
Direct Material Purchases:
This Agreement may also be used to purchase supplies and parts for capital projects as direct
material purchases,after an evaluation of the cost benefit. The County;at its sole option;may
choose to purchase some or all of the goods and/or materials directly from suppliers,
including manufacturers or distributors in accordance with the County Direct Material
Purchase procedure in effect at the time. In that instance the County may require the
following information from the Contractor:
1. Specifications relating to goods and/or materials required for job including
brand and/or model number or type if applicable
2. Pricing and availability of goods and/or materials provided under Contractor's
agreements with material suppliers
The Contractor shall provide a negotiated cost for these purchases to the County,and the
County shall issue a Purchase Order directly to the supplier,manufacturer or distributor in
order to save sales tax.
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