Agenda 04/23/2013 Item #16E44/23/2013 16.E.4.
EXECUTIVE SUMMARY
Recommendation to reject responses received for Invitation to Bid (ITB) 13 -6070
Purchase and Delivery of Turf.
OBJECTIVE: To provide the County Departments with the ability to purchase sod /turf and
related services at competitive prices for the replacement, repair or installation of new or
existing sites.
CONSIDERATIONS: The County requires service of an outside vendors) to provide labor,
equipment, and material for the purchase and /or delivery of various types of sod /turf for the
replacement, repair or installation of new or existing landscape sites. Historically, the County's
annual spend is between $250,000 — 500,000 for the installation of sod in a number of locations,
including, but not limited to new construction road and bridge projects, Parks and Recreation
areas, Pelican Bay and MSTU /MSTD landscape areas. In addition to a number of departments
requiring these products and services, the County's spend on this commodity is highly
dependent upon weather conditions.
On February 21, 2013, five hundred and fifty seven (557) email notices were sent from the
County's Online Bidding System; twenty -five (25) solicitation packages were downloaded; and,
three (3) price submittals were received. Staff reviewed each submittal, and it was determined
that the vendors did not complete the price schedule per the instructions in the solicitation
document for each of the products and services outlined; therefore, the overall lowest bidder
could not be determined.
Solicitations for the purchase of turf were previously posted in 2006 and 2010 and in each
instance the submissions for those bids were considered responsive, and provided competitive
pricing on all items. In order to obtain fair and full pricing on the purchase of turf, staff believes it
is in the best interest of the County to reject the responses received, restructure the solicitation,
and re- solicit. Staff will make the necessary modifications to the solicitation and re- solicit the
new Invitation to Bid as soon as practicable.
Per Florida Statute 119.071 3, staff has not publicly announced the vendor's line item prices as
those prices remain exempt until the time a new solicitation is issued and awarded by the
Board (if within twelve months of the rejection of the bid).
In order to continue to source the products and services, staff has offered the current contract
vendor the opportunity to extend the term of contract for six additional months, or until a new
award is made by the Board; therefore, staff requests recognition of the annual spend on
contract 10 -5432 of approximately $500,000, all of which is funded in current operating
department budgets.
FISCAL IMPACT: There is no fiscal impact in the approval of this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no growth management impact in approving this
Executive Summary.
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4/23/2013 16.E.4.
LEGAL CONSIDERATION: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
RECOMMENDATION: That the Board of County Commissioners rejects ITB 13 -6070 for the
Purchase and Delivery of Turf.
Prepared by: Evelyn Colon, Procurement Strategist, Purchasing, Administrative Services
Attachment: 13 -6070 Purchase and Delivery of Turf, Invitation to Bid document
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4/23/2013 16.E.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.4.
Item Summary: Recommendation to reject responses received for Invitation to Bid (ITB)
13 -6070 Purchase and Delivery of Turf.
Meeting Date: 4/23/2013
Prepared By
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
4/1/2013 10:46:58 AM
Submitted by
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Name: MarkiewiczJoanne
4/1/2013 10:46:59 AM
Approved By
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 4/1/2013 11:01:36 AM
Name: GossardTravis
Title: Superintedent - Roads & Bridges,Transportation Eng
Date: 4/1/2013 3:41:31 PM
Name: Evelyn Colon
Title: Purchasing - Procurement Specialist
Date: 4/2/2013 9:50:07 AM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 4/2/2013 9:54:05 AM
Name: WardKelsey
Packet Page -1396-
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 4/3/2013 12:41:29 PM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 4/3/2013 4:42:17 PM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 4/10/2013 3:59:07 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/10/2013 4:47:30 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Manag
Date: 4/11/2013 11:03:15 AM
Name: OchsLeo
Title: County Manager
Date: 4/12/2013 11:19:46 AM
Packet Page -1397-
4/23/2013 16.E.4.
4/23/2013 16.E.4.
County
Adm;rti&aWe Semoes Division
Purchasing
Invitation to Bid
Date: February 21, 2013
From: Evelyn Collin, Procurement Strategist
(239) 252 -2667 (Telephone)
(239) 252 -2810 (FAX)
Evelyncolon @colliergov.net (Email)
To: Prospective Vendors
Subject: Solicitation #13 -6070, Purchase and Delivery of Turf
As requested by the Growth Management Division, the Collier County Board of County
Commissioners Purchasing Department has issued this ITB for the sole intent and purpose of
obtaining fair and competitive bid responses on the above referenced ITB.
Please refer to the Public Notice included in this document for the time and date of the opening
date and any applicable pre -ITB conference.
Any and all questions regarding this ITB must be asked online on the Collier County Purchasing
Department Online Bidding System website: www.colliergov.net/bid. All answers to questions
will be posted on the noted website with electronic notification to all prospective bidders.
We look forward to your participation in Collier County's competitive procurement process.
cc: Travis Gossard, Project Manager
Note: All ITB responses submitted must include one (1) original labeled MASTER,
along with one (1) exact duplicate copy, including all required forms.
Puwbasing Depav ent• 3327 Tamiami Trail East - Naples, Florida 34112 -4901 • www.colliergov.net1purchasing
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Invitation to Bid
Index
PUBLICNOTICE ........................................................................................................................ ..............................3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT .................................. ..............................4
EXHIBIT II: GENERAL BID INSTRUCTIONS .................................................................................. ..............................8
EXHIBIT III: STANDARD PURCHASE ORDER TERMS AND CONDITIONS ..................................... .............................14
EXHIBIT IV: ADDITIONAL ITB TERMS AND CONDITIONS .......................................................... .............................17
ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT ...................................................... .............................24
ATTACHMENT 2: VENDOR'S CHECK LIST .................................................................................. .............................2S
ATTACHMENT 3: VENDOR SUBMITTAL— BID RESPONSE FORM .............................................. .............................26
ATTACHMENT 4: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ........................... .............................28
ATTACHMENT S: IMMIGRATION LAW AFFIDAVIT CERTIFICATION ........................................... .............................29
ATTACHMENT 6: VENDOR SUBSTITUTE W — 9 ....................................................................... ............................... 30
ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS ............................................... .............................31
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PUBLIC NOTICE
Sealed bid responses for Solicitation #13 -6070, Purchase and Delivery of Turf will be
received electronically or manually only at the Collier County Government, Purchasing
Department, 3327 Tamiami Trail E, Naples, FL 34112 until 3:00 PM Collier County local time on
March 21, 2013. ITB responses received after the stated time and date will not be accepted.
Solicitation #13 -6070 Purchase and Delivery of Turf
No pre -bid conference will be held for this solicitation.
Any and all questions regarding this ITB must be asked online on the Collier County Purchasing
Department Online Bidding System website: www.collieraov.net/bid. All answers to questions
will be posted on the noted website with electronic notification to all prospective bidders.
All ITB responses must be made on the official ITB response form included as part of this ITB
and only available for download from the Collier County Purchasing Department Online Bidding
System website noted herein. Solicitation documents obtained from sources other than
Collier County Purchasing may not be accurate or current.
Collier County encourages bidders to utilize recycled paper on all manual bid response
submittals.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Joanne Markiewicz
Interim Purchasing /General Services Director
Publicly posted on the Collier County Purchasing Department website:
www.colliergov.net/purchasing and in the lobby of the Purchasing Building on February 21, 2013.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Growth Management Division (hereinafter, the "Division "), the
Collier County Board of County Commissioners Purchasing Department (hereinafter, "County ") has
issued this Invitation to Bid (hereinafter, "ITB ") with the intent of obtaining bids from interested and
qualified firms in accordance with the terms, conditions and specifications stated or attached. The
Vendor, at a minimum, must achieve the requirements of the Scope of Work and specifications stated.
The results of this solicitation may be used by other County departments once awarded according to
the Board of County Commissioners Purchasing Policy.
Brief Description of Purchase
The work specified in this Section consists of furnishing all labor, equipment, materials and services
necessary for the purchase and /or delivery of various types of turf on pallets to Collier County in
accordance with the specifications and subject to the terms and conditions of the Contract. This
Contract shall be made available to all divisions and agencies within and part of Collier County
Government. Historically, County departments have spent approximately $720,000.00 annually on
this service.
Detailed Scope of Work
Turf Purchase and Availabili
The Vendor shall provide Collier County turf on pallets containing a minimum turf area of 400 sq. ft.
( + / -) for Sand Grown or 500 sq. ft. ( + / -) for Muck Grown type turf. The Vendor will be notified as to the
type and quantity of turf required. Due to the varying quantities of turf required, the Vendor must be
able to provide the turf throughout the Contract period in a timely manner, being no more than five (5)
working days, and in the quantities required.
Turf Types
The following are the various types of turf necessary
A. St. Augustine
• Cultivar — Palmetto TM (grown by licensed grower)
• Cultivar — Floratam
• Cultivar — Bitterblue
• Cultivar — Seville
B. Bahia
• Cultivar — Argentine
C. Bermuda
• Cultivar — Tifway Tifton 419
• Cultivar — TifSport
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• Cultivar — Common
• Cultivar — Floratex
• Certified Celebration
Turf Origin and Qualit
All turf supplied shall be "Nursery Grown" or "Field Grown ", grown for purposes of sodding, and shall
be a "Premium Grade Sod" as specified below. The sod shall be cut, delivered and /or laid in
accordance to the following specifications or the most current and accepted Horticultural Industry's
Standards and Practices, whichever is more restrictive.
All sod shall be delivered to the site and be accompanied by a delivery ticket listing quantity, origin,
and the date and time the sod was cut and loaded. Sod shall be delivered at the specified site within
a twenty -four (24) hour period after field cutting and shall be laid within a forty -eight (48) hour period
after field cutting. Sod being transported for a time period greater than one (1) hour shall be covered
during transport.
The Vendor acknowledges that any one -time acceptance of sod of a grade other than the Premium
Grade specified in this Contract shall not establish a lesser standard or relieve the Vendor from
providing the Premium Grade Sod as specified for the duration of the Contract period.
Premium Sod
Sand Grown: Turf grown on 90% natural sand
Each sod pad shall be insect and disease free, vigorous and have healthy green color in appearance.
The top growth (grass blades or foliage), shall have no more than ten percent (10 %) chlorosis within
the top growth and contain no thatch or dead vegetation layer within each pad. Sod shall be weed
free.
Pad Size: Individual sod pads shall be cut to industry standard widths and lengths with a deviation no
greater than +/- 5 %. Broken or uneven ended pads will not be accepted.
Pad Thickness: Thickness of the cut sod shall be no less than one inch (1 ") in depth for St. Augustine
and Bahia grasses and no less than one half inch (1/2 ") for Bermuda grasses.
Strength of Pad: Standard size pads shall be mature, well rooted and contain a soil layer thick
enough to provide a strength that will support the pad's weight and maintain its size and shape when
the pad is suspended vertically by hand on the upper ten percent (10 %) of the pad section without
tearing apart.
Moisture Content: The sod soil shall contain enough moisture so that the soil is not excessively dry or
wet. In no case will the sod be accepted if the soil layer becomes hardened, loose so not to hold its
shape and /or hydrophobic in nature.
Supply /Delivery
Unit Prices shall reflect the following supply /delivery situations:
A. Picked up by Collier County at a local site suitable for pick -up and loading by the
Contractor/Vendor.
B. Delivered and off - loaded at a designated location in Collier County.
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C. Delivered, off - loaded, fine graded for sod, laid in place and rolled, and trimmed edges
as necessary by the Contractor/Vendor.
Rejection of Materials
Collier County, through its assigned representative(s), shall have the right to reject any and all work
and materials which, in its opinion, do not meet with the terms and /or specifications of this Contract.
Such rejected material shall be immediately removed from the site and replaced by acceptable
materials within five (5) working days.
Work Schedules
The Vendor shall arrange work to cause a minimum of interference with normal traffic, both vehicular
and pedestrian and shall be responsible for providing safe and suitable means of ingress and egress
to all public and private properties during all stages of the work.
Barricades. Guards and Safety Provisions
The responsibility for the installation and maintenance of adequate traffic control devices, warning
devices, barriers, and flagmen for the protection of the traveling public and workmen, as well as to
safeguard the delivery area in general shall rest with the Contractor/Vendor. Such provisions shall
conform with the latest edition of the FDOT Manual on Traffic Control and Safe Practices, FDOT
Standard Index Series 600, and Part VI of the Manual on Uniform Traffic Control Devices (MUTCD),
and the Collier County Maintenance of Traffic, a copy of which is available in the Purchasing or Risk
Management Departments.
The Contractor/Vendor shall conduct operations in such a manner that no undue hazard will result
due to the requirements of this Section, and the procedures and policies described therein shall in no
way act as a waiver of any of the terms of the liability of the Contractor/Vendor or surety.
Measurement and Payment
Measurement shall be the total square feet of turf supplied and accepted by the requesting division in
Collier County. Should conditions so warrant, Collier County reserves the right to increase or
decrease quantities specified on the Purchase Order issued by Collier County. Payment for the
quantities ordered shall be at the Contract Unit Prices. Such payment shall be full compensation for
furnishing all labor, equipment, material and services necessary for the turf purchase.
Award Criteria
ITB award criteria is as follows:
• All questions on the Bid document shall be answered as to price(s), time requirements,
and required document submissions.
• Award shall be based upon the responses to all questions on the Bid Response Page(s).
Further consideration may include but not be limited to, references, completeness of bid
response and past performances on other County bids /projects.
• Prices will be read in public exactly as input on the electronic bid response form or written
on the manually submitted Bid Response Page(s) at the time of the bid opening; however,
should an error in calculations occur whenever unit pricing and price extensions are
requested, the unit price shall prevail. Mathematical miscalculations may be corrected by
the County to reflect the proper response.
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• The County's Purchasing Department reserves the right to clarify a vendor's proposal prior
to the award of the solicitation.
• It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s)
in accordance with the following methodology:
Multiple Awardees basis, and determined by the total of all lines within a category. The
County reserves the right to award items to multiple vendors within categories if it is
deemed to be in the County's best interest.
Collier County reserves the right to select one, or more than one suppliers, however, it is
the intent to select multiple awardees.
The contract will be in the form of a standard County Purchase Order.
Term of Contract
The contract term, if an award(s) is /are made is intended to be for one (1) year with three (3) one
year renewal option.
Prices shall remain firm for the initial term of this contract. Price adjustments are dependent upon
the consumer price index (CPI) over the past twelve (12) months, budget availability and program
manager approval.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
Projected Timetable
Event
`Date
Issue Solicitation Notice
February 21, 2013
Last Date for Receipt of Written Questions
March 7, 2013 3:OOPM
Non-mandatory re- solicitation meeting
N/A
Addendum Issued
March 14, 2013
Solicitation Deadline Date and Time
March 21, 2013 3:OOPM
Anticipated Evaluation of Submittals
March 22, 2013
Anticipated Board of County Commissioner's Approval Date
Aril 2013
Vendor Required Documents
• Attachment 2: Vendor's Check List
• Attachment 3: Vendor Bid Response Form
• Attachment 4: Local Vendor Preference
• Attachment 5: Immigration Law Affidavit
• Attachment 6: Vendor Substitute W -9
• Attachment 7: Insurance and Bonding Requirement
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Exhibit II: General Bid Instructions
1. Purpose /Objective
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As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier
County Board of County Commissioners Purchasing Department (hereinafter, the County) has
issued this Invitation to Bid (hereinafter, the "ITB ", or "Bid ") with the sole purpose and intent of
obtaining bid responses from interested and qualified firms in accordance with the terms,
conditions, and specifications stated and /or attached herein /hereto. The successful vendor will
hereinafter be referred to as the "Vendor"
All bids must be submitted on the Bid form furnished by the County noted in Attachments
2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly
signed. Vendor is responsible to read and follow the instructions very carefully, as any
misinterpretation or failure to comply with these instructions could lead to the bid submitted as
being rejected as non - responsive.
2. Pricing
Vendors must provide unit prices using the unit of measured specified by the County. All prices
will remain firm for a period of one hundred and eighty (180) calendar days from date of bid
opening. After award by the Board of County Commissioners, prices may only be adjusted as
outlined in Exhibit 1: Term of Contract.
3. Alternate Bid Pricing
In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide
pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted
price will be the basis for the rejection of the submitted bid response. All bids responses received
without pricing for all alternates as listed will be considered technically non - responsive and will not
be considered for award.
4. Equal Product
Manufacturer's name, brand name and /or model number are used in these specifications for the
purpose of establishing minimum requirements of level of quality, standards of performance and /or
design required, and is in no way intended to prohibit the bidding of other manufacturer's items of
equal or similar material. An equal or similar product may be bid, provided that the product is
found to be equal or similar in quality, standard of performance, design, etc. to the item specified.
Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of
factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid
as equal or similar.
Equal product samples, if required for evaluation, and at no cost to the County, must be submitted
with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless
samples are delivered to specified address by bid due date. The County shall be sole judge of
equality or similarity, and its decision shall be final in the best interest.
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5. Discounts
Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be
considered in the award of tie bids. In no instance should payment terms less than fifteen (15)
calendar days be offered.
6. Exceptions
Vendors taking exception to any part or section of these specifications shall indicate such
exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to
indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully
comply with the specifications as written. The County, at its sole discretion, shall determine if the
exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for
rejection of bid proposal.
7. Addenda
The County reserves the right to formally amend and /or clarify the requirements of the bid
specifications where it deems necessary. Any such addendum /clarification shall be in writing and
shall be distributed electronically to all parties who received the original bid specifications rip or to
the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through
a notice of addendum or questions and answers to all vendors registered under the applicable
commodity code(s) at the time when the original ITB was released, as well as those vendors who
downloaded the ITB document. Additionally, all addendums are posted on the Collier County
Purchasing Department Online Bidding System website: www.colliergov.net /bid. Before submitting
a bid response, please make sure that you have read all, understood clearly and complied
completely with any changes stated in the addenda as failure to do so may result in the rejection
of your submittal.
8. Bid Submission
All electronic bids shall be submitted online via the Collier County Purchasing Department Online
Bidding System website: www.colliergov.net/bid.
All paper bids shall be submitted to the County Purchasing Director, Collier County Government,
Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, by the date and time as stated
in the Legal Notice. The County assumes no responsibility for bid responses received after the
due date and time, or at any office or location other than that specified herein, whether due to mail
delays, courier mistakes, mishandling, inclement weather or any other reason. Late bid responses
shall be returned unopened, and shall not be considered for award.
All bids submitted manually must be an original and one exact duplicate copy and placed in a
sealed envelope, and plainly marked as follows:
• The due date and time of receipt of the bids by the County Purchasing Director.
• The number of the bid and the bid title.
All bids sent by courier service must have the bid number and title on the outside of the courier
packet.
Vendors who wish to receive copies of bids after the bid opening may view and download same
from the Collier County Purchasing Department Internet bid site.
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9. Questions
If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful,
obscure or contains errors or omissions it should report such opinion to the Procurement Strategist
before the bid opening date. Direct questions related to this ITB only to the Collier County
Purchasing Department Internet website: www.colliergov.net/bid. Questions will not be answered
after the date noted on the ITB.
Vendors must clearly understand that the only official answer or position of the County will be the
one stated on the Collier County Purchasing Department Online Bidding System website. For
general questions, please call the referenced Procurement Strategist identified in the Public Notice.
10. Protests
Any actual or prospective respondent to an Invitation to Bid, who has a serious and legitimate
issue with the ITB shall file a written protest with the Purchasing Director prior to the opening of
the bid or the due date for acceptance of bid. All such protests must be filed with the Purchasing
Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the
bid or the acceptance date for the Request for Proposals.
11. Rejection and Waiver
The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to
select the bid that best meets the requirements of the County.
Vendors whose bids, past performance or current status do not reflect the capability, integrity or
reliability to fully and in good faith perform the requirements denoted may be rejected as non-
responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide
all required information, documents or materials may be rejected as non - responsive.
12. Local Vendor Preference (LVP)
The County is using the Competitive Sealed Quotation methodology of source selection for this
procurement, as authorized by Ordinance Number 87 -25, and Collier County Resolution Number
2008 -181 establishing and adopting the Collier County Purchasing Policy.
The Collier County Board of County Commissioners has adopted a Local Preference "Right to
Match" policy to enhance the opportunities of local businesses to receive awards of Collier County
purchases.
A "local business" is defined as a business that has a valid Business Tax Receipt, formerly known
as an Occupational License issued by either Collier or Lee County for a minimum of one (1) year
prior to a Collier County quote 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.
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Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their
quote or proposal to be eligible for consideration as a 'local business" under this section.
When a qualified and responsive non -local business submits the lowest price quote, and the quote
submitted by one or more qualified and responsive local businesses is within ten percent (10 %) of
the price submitted by the non -local business, then the local business with the apparent lowest
quote offer (i.e. the lowest local vendor) shall have the opportunity to submit an offer to match the
price(s) offered by the overall lowest, qualified and responsive vendor. In such instances, staff
shall first verify if the lowest non -local vendor and the lowest local vendor are in fact qualified and
responsive vendors.
Next, the Purchasing Department shall determine if the lowest local vendor meets the
requirements of Section 287.087 F.S.
If the lowest local vendor meets the requirements of 287.087, F.S., the Purchasing Department
shall invite the lowest local vendor to submit a matching offer to the Purchasing Department which
shall be submitted within five (5) business days thereafter. If the lowest local vendor submits an
offer that fully matches the lowest quote from the lowest non -local vendor tendered previously,
then award shall be made to the local vendor. If the lowest local vendor declines or is unable to
match the lowest non local quote price(s), then award will be made to the lowest overall qualified
and responsive vendor. If the lowest local vendor does not meet the requirement of Section
287.087 F.S. and the lowest non -local vendor does, award will be made to the vendor that meets
the requirements of the referenced state law.
Vendor must complete and submit with its quote 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 quote 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 quote submitted to the
County will lose the privilege to claim Local Preference status for a period of up to one (1) year.
The County may, as it deems necessary, conduct discussions with any of the competing 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.
13. Lobbying
All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied
either individually or collectively about a project for which a firm has submitted a bid. Firms and
their agents are not to contact members of the County Commission for such purposes as
meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to
final Board approval, no firm or its agent shall contact any other employee of Collier County with
the exception of the Purchasing Department.
14. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute
607.1501)
16. In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.org /search.html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
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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.
17. 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 sea• 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.
18. General Information
When it is deemed by the County that a bid cannot be awarded as originally intended, the County
reserves the right to award this bid through an approach which is the best interest of the County.
Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying
as low bid, the County shall ask vendors to submit certification that they have a drug -free
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workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said
certification; the County will give local vendor preference.
19. Bid Award Process
Award of contract will be made by the Board of County Commissioners in public session. Awards
pertaining to the Collier County Airport Authority will generally be made by that agency's approval
Board.
Award shall be made in a manner consistent with the County's Purchasing Policy. Award
recommendations will be posted outside the offices of the Purchasing Department as well as on
the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the
County Commission meetings.
Any actual or prospective respondent who desires to formally protest the recommended contract
award must file a notice of intent to protest with the 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.
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Exhibit III: Standard Purchase Order Terms and Conditions
Offer
This offer is subject to cancellation by the
COUNTY without notice if not accepted by
VENDOR within fourteen (14) days of issuance.
Acceptance and Confirmation
This Purchase Order (including all documents
attached to or referenced therein) constitutes
the entire agreement between the parties, unless
otherwise specifically noted by the COUNTY on
the face of this Purchase Order. Each delivery of
goods and /or services received by the COUNTY
from VENDOR shall be deemed to be upon the
terms and conditions contained in this Purchase
Order.
No additional terms may be added and Purchase
Order may not be changed except by written
instrument executed by the COUNTY. VENDOR
is deemed to be on notice that the COUNTY
objects to any additional or different terms and
conditions contained in any acknowledgment,
invoice or other communication from VENDOR,
notwithstanding the COUNTY'S acceptance or
payment for any delivery of goods and /or
services, or any similar act by VENDOR.
Inspection
All goods and /or services delivered hereunder
shall be received subject to the COUNTY'S
inspection and approval and payment therefore
shall not constitute acceptance. All payments are
subject to adjustment for shortage or rejection.
All defective or nonconforming goods will be
returned pursuant to VENDOR'S instruction at
VENDOR'S expense.
To the extent that a purchase order requires a
series of performances by VENDOR, the
COUNTY prospectively reserves the right to
cancel the entire remainder of the Purchase
Order if goods and /or services provided early in
the term of the Purchase Order are
non - conforming or otherwise rejected by the
COUNTY.
4. Shipping and Invoices
a) All goods are FOB destination and must be
suitably packed and prepared to secure the
lowest transportation rates and to comply
with all carrier regulations. Risk of loss of
any goods sold hereunder shall transfer to
the COUNTY at the time and place of
delivery; provided that risk of loss prior to
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actual receipt of the goods by the COUNTY
nonetheless remain with VENDOR.
b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
Unless otherwise provided in Purchase
Order, no invoices shall' be issued nor
payments made prior to delivery. Unless
freight and other charges are itemized, any
discount will be taken on the full amount of
invoice.
c) All shipments of goods scheduled on the
same day via the same route must be
consolidated. Each shipping container must
be consecutively numbered and marked to
show this Purchase Order number. The
container and Purchase Order numbers must
be indicated on bill of lading. Packing slips
must show Purchase Order number and
must be included on each package of less
than container load (LCL) shipments and /or
with each car load of equipment. The
COUNTY reserves the right to refuse or
return any shipment or equipment at
VENDOR'S expense that is not marked with
Purchase Order numbers. VENDOR agrees
to declare to the carrier the value of any
shipment made under this Purchase Order
and the full invoice value of such shipment.
d) All invoices must contain the Purchase Order
number and any other specific information as
identified on the Purchase Order. Discounts
of prompt payment will be computed from the
date of receipt of goods or from date of
receipt of invoices, whichever is later.
Payment will be made upon receipt of a
proper invoice and in compliance with
Chapter 218, Fla. Stats., otherwise known as
the "Local Government Prompt Payment
Act," and, pursuant to the Board of County
Commissioners Purchasing Policy.
5. Time Is Of the Essence
Time for delivery of goods or performance of
services under this Purchase Order is of the
essence. Failure of VENDOR to meet delivery
schedules or deliver within a reasonable time, as
interpreted by the COUNTY in its sole judgment,
shall entitle the COUNTY to seek all remedies
available to it at law or in equity. VENDOR
agrees to reimburse the COUNTY for any
expenses incurred in enforcing its rights.
VENDOR further agrees that undiscovered
delivery of nonconforming goods and /or services
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is not a waiver of the COUNTY'S right to insist
upon further compliance with all specifications.
6. Changes
The COUNTY may at any time and by written
notice make changes to drawings and
specifications, shipping instructions, quantities
and delivery schedules within the general scope
of this Purchase Order. Should any such change
increase or decrease the cost of, or the time
required for performance of the Purchase Order,
an equitable adjustment in the price and /or
delivery schedule will be negotiated by the
COUNTY and VENDOR. Notwithstanding the
foregoing, VENDOR has an affirmative obligation
to give notice if the changes will decrease costs.
Any claims for adjustment by VENDOR must be
made within thirty (30) days from the date the
change is ordered or within such additional
period of time as may be agreed upon by the
parties.
7. Warranties
VENDOR expressly warrants that the goods
and /or services covered by this Purchase Order
will conform to the specifications, drawings,
samples or other descriptions furnished or
specified by the COUNTY, and will be of
satisfactory material and quality production, free
from defects and sufficient for the purpose
intended. Goods shall be delivered free from any
security interest or other lien, encumbrance or
claim of any third party. These warranties shall
survive inspection, acceptance, passage of title
and payment by the COUNTY.
Statutory Conformity
Goods and services provided pursuant to this
Purchase Order, and their production and
transportation shall conform to all applicable
laws, including but not limited to the Occupational
Health and Safety Act, the Federal
Transportation Act and the Fair Labor Standards
Act, as well as any law or regulation noted on the
face of the Purchase Order.
9. Advertising
No VENDOR providing goods and services to the
COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and /or
services, or appropriate or make use of the
COUNTY'S name or other identifying marks or
property without the prior written consent of the
COUNTY'S Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless the
COUNTY from any and all claims, including
claims of negligence, costs and expenses,
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including but not limited to attorneys' fees, arising
from, caused by or related to the injury or death
of any person (including but not limited to
employees and agents of VENDOR in the
performance of their duties or otherwise), or
damage to property (including property of the
COUNTY or other persons), which arise out of or
are incident to the goods and /or services to be
provided hereunder.
11. Warranty of Non - Infringement
VENDOR represents and warrants that all goods
sold or services performed under this Purchase
Order are: a) in compliance with applicable laws;
b) do not infringe any patent, trademark,
copyright or trade secret; and c) do not constitute
unfair competition.
VENDOR shall indemnify and hold harmless the
COUNTY from and against any and all claims,
including claims of negligence, costs and
expense, including but not limited to attorneys'
fees, which arise from any claim, suit or
proceeding alleging that the COUNTY'S use of
the goods and /or services provided under this
Purchase Order are inconsistent with VENDOR'S
representations and warranties in section 11 (a).
If any claim which arises from VENDOR'S breach
of section 11 (a) has occurred, or is likely to
occur, VENDOR may, at the COUNTY'S option,
procure for the COUNTY the right to continue
using the goods or services, or replace or modify
the goods or services so that they become
non - infringing, (without any material degradation
in performance, quality, functionality or additional
cost to the COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall provide
commercial insurance of such type and with such
terms and limits as may be reasonably
associated with the Purchase Order. Providing
and maintaining adequate insurance coverage is
a material obligation of the VENDOR. All
insurance policies shall be executed through
insurers authorized or eligible to write policies in
the State of Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all
federal, state, and local laws, rules, codes, and
ordinances that are applicable to the conduct of
its business. By way of non - exhaustive example,
this shall include the American with Disabilities
Act and all prohibitions against discrimination on
the basis of race, religion, sex creed, national
origin, handicap, marital status, or veterans'
status. Further, VENDOR acknowledges and
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without exception or stipulation shall be fully
responsible for complying with the provisions of
the Immigration Reform and Control Act of 1986
as located at 8 U.S.C. 1324, et seq. and
regulations relating thereto, as either may be
amended. Failure by the awarded firm(s) to
comply with the laws referenced herein shall
constitute a breach of the award agreement and
the County shall have the discretion to
unilaterally terminate said agreement
immediately. Any breach of this provision may
be regarded by the COUNTY as a material and
substantial breach of the contract arising from
this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in
performance resulting from any cause beyond
their control, including, but without limitation to
war, strikes, civil disturbances and acts of nature.
When VENDOR has knowledge of any actual or
potential force majeure or other conditions which
will delay or threatens to delay timely
performance of this Purchase Order, VENDOR
shall immediately give notice thereof, including all
relevant information with respects to what steps
VENDOR is taking to complete delivery of the
goods and /or services to the COUNTY.
15. Assignment
VENDOR may not assign this Purchase Order,
nor any money due or to become due without the
prior written consent of the COUNTY. Any
assignment made without such consent shall be
deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida sales
and use tax on real property, transient rental
property rented, tangible personal purchased or
rented, or services purchased (Florida Statutes,
Chapter 212), and from federal excise tax.
17. Annual Appropriations
The COUNTY'S performance and obligation to
pay under this Purchase Order shall be
contingent upon an annual appropriation of
funds.
18. Termination
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
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notice to the VENDOR. This Purchase Order
may be terminated immediately by the COUNTY
for breach by VENDOR of the terms and
conditions of this Purchase Order, provided that
COUNTY has provided VENDOR with notice of
such breach and VENDOR has failed to cure
within 10 days of receipt of such notice.
19. General
a) This Purchase Order shall be governed by
the laws of the State of Florida. The venue
for any action brought to specifically enforce
any of the terms and conditions of this
Purchase Order shall be the Twentieth
Judicial Circuit in and for Collier County,
Florida
b) Failure of the COUNTY to act immediately in
response to a breach of this Purchase Order
by VENDOR shall not constitute a waiver of
breach. Waiver of the COUNTY by any
default by VENDOR hereunder shall not be
deemed a waiver of any subsequent default
by VENDOR.
c) All notices under this Purchase Order shall
be sent to the respective addresses on the
face page by certified mail, return receipt
requested, by overnight courier service, or by
personal delivery and will be deemed
effective upon receipt. Postage, delivery and
other charges shall be paid by the sender. A
party may change its address for notice by
written notice complying with the
requirements of this section.
d) The Vendor agrees to reimbursement of any
travel expenses that may be associated with
this Purchase Order in accordance with
Florida Statute Chapter 112.061, Per Diem
and Travel Expenses for Public Officers,
employees and authorized persons.
e) In the event of any conflict between or
among the terms of any Contract Documents
related to this Purchase Order, the terms of
the Contract Documents shall take
precedence over the terms of the Purchase
Order. To the extent any terms and /or
conditions of this Purchase Order duplicate
or overlap the Terms and Conditions of the
Contract Documents, the provisions of the
Terms and /or Conditions that are most
favorable to the County and /or provide the
greatest protection to the County shall
govern.
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Exhibit IV: Additional ITB Terms and Conditions
1. Additional Items and /or Services
Additional items and / or services may be added to the resultant contract, or purchase order, in
compliance with the Purchasing Policy.
2. Conflict of Interest
Vendor shall provide a list of any businesses and /or organizations to which the firm has any affiliation or
obligations within the past five (5) years; whether paid or donated, which could be construed by the
County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to
County staff review and does not in and of itself disqualify a firm from consideration. These disclosures
are intended to identify and or preclude conflict of interest situations during contract selection and
execution.
3. Vendor Performance Evaluation
Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in
excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion /termination of agreement.
5. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly responsible
for 30% or more of the solicitation amount for said work.
6. Deductions for Non - Performance
The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not
performed in accordance with requirements, including required timeframe. The County may also deduct,
or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's
non - performance.
4. 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.
5. 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.
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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.
6. Standards of Conduct
The Vendor shall employ people to work on County projects who are neat, clean, well - groomed and
courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who
are physically capable of performing their employment duties. The County may require the Vendor to
remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and
whose continued employment on Collier County projects is not in the best interest of the County.
7. Licenses
The Vendor is required to possess the correct professional and other licenses, and any other
authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local
Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the
required licenses must be submitted with the bid response indicating that the entity bidding, as
well as the team assigned to the County account, is properly licensed to perform the activities or
work included in the ITB documents. Failure on the part of any vendor to supply this
documentation with their bid response may be grounds for deeming vendor non - responsive. A
Vendor with an office within Collier County is required to have an occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections must
complete a Collier County Contractor License registration form and submit the required fee. After
registering the license /registration will need to be renewed thereafter to remain "active" in Collier County.
Questions regarding professional licenses should be directed to Contractor Licensing, Community
Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions
regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed
to the Tax Collector's Office at (239) 252 -2477.
8. Protection of Property
The Vendor shall ensure that the service is performed in such manner as to not damage any property. In
the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the
performance of the required service, the Vendor shall repair /replace, to the County's satisfaction,
damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub
vendor has to be repaired /replaced by the County, the cost of such work will be deducted from the
monies due the Vendor.
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9. 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.
10. Invoice and Payments
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk @colliercierk.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.
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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.
11. Survivability
Purchase Orders: The Consultant/ContractorNendor agrees that any Purchase Order that extends
beyond the expiration date of the original Solicitation #13 -6070, Purchase and Delivery of Turf will
survive and remain subject to the terms and conditions of that Agreement until the completion or
termination of this Purchase Order.
12. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in Attachment 3 of this
solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if
required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors, Contractors,
Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered
by property insurance provided herein, except such rights as they may have to the proceeds of such
insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from
the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them
to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name
Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and
shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
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The amounts and types of insurance coverage shall conform to the minimum requirements set forth in
Attachment 3, with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Vendor has any self - insured retentions or deductibles under any of the below listed
minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount
of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility
for such obligations. All self - insured retentions or deductibles will be Vendor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work until
the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Vendor and /or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also
notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of
expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its
insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the
event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such
policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and
charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such
costs within thirty (30) days after demand, the County has the right to offset these costs from any amount
due Vendor under this Agreement or any other agreement between the County and Vendor. The County
shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s)
purchased or the insurance company or companies used. The decision of the County to purchase such
insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract
Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance
not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to
provide the County with such renewal certificate(s) shall be considered justification for the County to
terminate any and all contracts.
13. Collier County Information Technology Requirements
All vendor access will be done via VPN access only. All access must comply with current published
County Manager Agency (CMA) policies.
Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request
from the Information Technology Department. All vendors will be required to adhere to IT policies for
access to the County network. Vendors are required to notify the County in writing twenty -four (24) hours
in advance as to when access to the network is planned. Included in this request must be a detailed work
plan with actions that will be taken at the time of access. The County IT Department has developed a
Technical Architecture Requirements Document that is required to be filled out and submitted with your
bid response. This document can be found on the Collier County Purchasing Department website:
www.colliergov.net /purchasing. On the left hand side of the menu, click on CC Technical Requirements.
If this document is not submitted with your bid response, your bid response may be deemed non-
responsive.
14. Security and Background Checks
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If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department, and drug testing for all employees that
shall provide services to the County under this Agreement. This may include, but not be limited to,
checking federal, state and local law enforcement records, including a state and FBI fingerprint check,
credit reports, education, residence and employment verifications and other related records. Contractor
shall be required to maintain records on each employee and make them available to the County for at
least four (4) years.
14. Maintenance of Traffic Policy
For all projects that are conducted within a Collier County Right -of -Way, the Vendor shall provide and
erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic
Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida
Department of Transportation's Design Standards (DS) on state roadways. These projects shall also
comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference.
Copies are available through the Risk Management and /or Purchasing Departments and are available
on -line at colliergov.net/purchasing.
The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway &
Traffic Design Standards Indexes, or other related documents, so to become familiar with their
requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be
enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award.
15. Debris
Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of
the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from
their work and as work progresses; or upon the request of the County's representative, shall remove and
dispose such debris and materials from the property. The Vendor shall leave all affected areas as they
were prior to beginning work.
16. Direct Material Purchase
The County reserves the right to require Vendor to assign some or all of its agreements with material
suppliers directly to the County. Any such goods and /or materials purchased by the County pursuant to
such an assignment of a material supply agreement shall be referred to as "County Furnished Materials"
and the responsibilities of both the County and the Vendor relating to said materials shall be governed by
the terms and conditions of this solicitation.
Additionally, the County at its sole option may choose to purchase some or all of the goods and /or
materials from other suppliers. In either instance the County may require the following information from
the Vendor:
• Required quantities of material.
• Specifications relating to goods and /or materials required for job including brand and /or model
number or type if applicable
• Pricing and availability of goods and /or materials provided under Vendor's agreements with material
suppliers
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17. Grant Compliance
The purchase of any goods and /or services that are funded through Federal Grant Appropriations, the
State of Florida, or any other public or private foundations shall be subject to the compliance and
reporting requirements of the granting agency.
18. Equipment
Vendor shall have available and in good working condition, the necessary equipment to perform the
required service. If required, the Vendor shall supply a list of equipment and an hourly rate for each.
Hourly rates will commence once equipment arrives at the service site.
In the event that additional specialized and /or heavy equipment (backhoe, crane, mudhog, etc.) is
needed, the Project Manager must be notified in advance for approval. The reimbursement of additional
equipment expense shall be at cost and will commence once equipment arrives at the service site. The
County reserves the right to request and obtain documentation of the Vendor's cost, and to withhold
payments until documentation is provided.
The scope of these specifications is to ensure the delivery of a complete unit ready for operation.
Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a
complete unit.
All equipment must be new and of current manufacture in production at the time of bid opening, and
carry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and
parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to
delivery and /or acceptance by the County.
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Coffer Carty
Adminisbabve SeEVKM Division
Purchasing
Attachment 1: Vendor's Non - Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise
and openly competitive. Therefore, we are interested in ascertaining reasons why prospective Vendors did
not wish to respond to this ITB.
If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s)
listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail
to: Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 3411.
We are not responding to this ITB for the following reason(s):
Solicitation # and Title: #13 -6070, Purchase and Delivery of Turf
❑ Services requested not available through our company.
❑ Our firm could not meet specifications /scope of work.
❑ Specifications /scope of work not clearly understood (too vague, rigid, etc.)
❑ Project is too small.
❑ Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address:
❑ Other reason(s):
Firm's Complete Legal Name
Address
City, State, Zip
Telephone Number
FAX Number
Signature / Title
#13 -6070, Purchase and Delivery of Turf
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G :vje�r coua*,cy
RdrnWNsb*R Serum Division
Purchasing
Attachment 2: Vendor's Check List
IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces
indicated and return with bid.
Vendor should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required licenses, drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been
included.
8. Addendum have been signed and included, if applicable.
9. Affidavit for Claiming Status as a Local Business, if applicable.
10. Immigration Affidavit certification and the company's E- Verify profile page or memorandum of
understanding.
11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB.
12. The mailing envelope must be addressed to:
Purchasing Director
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
11. The mailing envelope must be sealed and marked with:
• Solicitation: #13 -6070, Purchase and Delivery of Turf
• Opening Date: Date
12. The bid will be mailed or delivered in time to be received no later than the specified opening date and
time. (Otherwise bid cannot be considered.)
ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF
THE COURIER PACKET.
#13 -6070, Purchase and Delivery of Turf
Company Name
Signature & Title
Date
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Corer �
Admi:T�Wrabve Services Division
Purchasing
Attachment 3: Vendor Submittal — Bid Response Form
FROM:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation #13 -6070, Purchase and Delivery of Turf
Dear Commissioners:
The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the
Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the
scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid
or the Contract to be entered into as principals are named herein; that this Bid is made without connection
with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith,
without collusion or fraud.
The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase
order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and
specifications denoted herein, according to the following unit prices:
* * * SEE FOLLOWING PAGES * * *
Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be
considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15)
days payment be offered.
Prompt Payment Terms: % Days; Net _ Days
❑ Bid Response Form is electronic or manual. Please input your prices online.
❑ Bid Response is as follows:
Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid
response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract,
if required, and present the formal contract to the County Purchasing Director for approval within fifteen (15)
days after being notified of an award.
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IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
20 , in the County of in the State of
Firm's Complete Legal Name
Address
City, State, Zip
Florida Certificate of Authority
Document Number
Federal Tax Identification
Number
CCR # or CAGE Code
Telephone Number
FAX Number
Signature / Title
Type Name of Signature
Date
Additional Contact Information
Send Payments To: (REQUIRED ONLY if different from above)
Firm's Complete Legal Name
Address
City, State, Zip
Contact Name
Telephone Number
FAX Number
Email Address
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Attachment 4: Affidavit for Claiming Status as a Local Business
Solicitation: #13 -6070, Purchase and Delivery of Turf (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:
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Title:
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of
,20
Notary Public,
(AFFIX OFFICIAL SEAL)
#13 -6070, Purchase and Delivery of Turf
My Commission Expires
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CAM, Cry
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P.
Attachment 5: Immigration Law Affidavit Certification
Solicitation # and Title: #13 -6070, Purchase and Delivery of Turf
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
(Print or Type Name) (Type of Identification and Number)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number /Expiration
as identification.
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
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AdnvnbWm semen Dvism
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Attachment 6: Vendor Substitute W — 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address
State
Telephone FAX
Order Information
Address
City State
FAX
Email
City
Zip
Email
Remit / Payment Information
Address
Zip City State Zip
FAX
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
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aer county
Admlrnsb� Servlaa s Dwison
Purchasing
Attachment 7: Insurance and Bonding Requirements
Insurance / Bond Type
Requiretl'Limits'
1. ® Worker's
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation
Statutory Limits and Requirements
2. ® Employer's Liability
$500,000 single limit per occurrence
3. ® Commercial General
Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current
$1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form
Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
4. ® Indemnification
To the maximum extent permitted by Florida law, the
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.
❑ Pollution
$ Per Occurrence
Per Occurrence
❑ Professional Liability $ per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
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• $2,000,000 per claim and in the aggregate
• $2,000,000 each claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
❑ 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. ® 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
Vendor Signature
Print Name
Insurance Agency
Agent Name
Date
Telephone Number
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