Agenda 05/22/2012 Item #16C 35122;2012 Item 15.C`.Z.
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid Number 12 -5873 and the issuance of a purchase order
for the Purchase and Delivery of Membrane Filter Elements for the North County, Regional Water
Treatment Plant Membrane Replacement Project Number 71057, to Toray Membrane USA, Inc.,
in the amount of $556,150.
OBJECTIVE: To purchase 1,589 membrane filter elements for use in the Reverse Osmosis
(RO) treatment vessels used to treat brackish Lower Hawthorne raw water at the North County
Regional Water Treatment Plant (NCRWTP), as part of the NCRWTP RO Treatment Units
Replacement and Installation of Inter -stage Booster Pump, Project Number 71057.
CONSIDERATIONS: On June 24, 2008, Agenda Item l OG, the Board of County Commissioners
(Board) adopted the 2008 Water Master Plan Update that identified requirements for the Reverse
Osmosis Treatment Units Replacement and Inter -Stage Booster Pump Project. The proposed
scope of work is consistent with the 2008 Water Master Plan Update, Project 71057 "NCRWTP
Reverse Osmosis Treatment Units Replacement and Installation of Inter -Stage Booster Pump,"
Section 8, Table 8 -2, page 3 of 5, lines 99 and 109 (being combined). The project is consistent
with the 2010 Water CIP Update, page 2 of 4, line 67, as identified in the 2011 User Fee Rate
Study.
RO membrane filters typically have a useful life of ten years. The current membranes are
thirteen years old and now generate an increased pressure drop that can only be overcome by
running the pumps at a higher pressure, which in turn uses more electrical energy. The pressure
drop will increase over time to the point where demand cannot be met. Replacing the
membranes now will add life and save energy. Subsequent, separate implementation of inter -
stage booster pumps will distribute pressure more evenly across the membranes extending their
life and increasing energy savings even more. Both are separate but related projects and the
inter -stage booster pump portion will be justified on its own merits.
The County's Purchasing Department issued Invitation to Bid (ITB) Number 12-
5873 NCRWTP Membrane Replacement on March 20, 2012, via the eProcurement process. A
total of 182 registered vendors received notification with 35 downloading full packages. The
County received three bids by the March 30, 2012, deadline.
The bidders submitted detailed product specifications, along with the pricing for the membrane
filters. The Engineer of Record for the membrane design, HDR Engineering, Inc., provided a
letter of recommendation, dated April 23, 2012, acknowledging the bid of Toray Membrane
USA, Inc., as the lowest and most responsive bid.
This procurement was identified in Agenda Item 16C2 at the February 28, 2012, Board meeting
as part of the South Florida Water Management District grant application. A grant in the amount
of $250,000 has been secured for reimbursement of Water -Sewer District funds used for the
replacement of membranes and for inter -stage booster pump capability.
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5/22/2012 item
FISCAL IMPACT: Funding is consistent with the FY2012 Capital Budget approved by the
Board on September 22, 2011. The source of funding is: $250,000.00 from Public Utilities
Grant (Fund 416) and $306,150.00 from Public Utilities Match (Fund 417), which was
transferred from County Water Capital Project (Fund 412) as part of the grant acceptance.
Using today's dollars, the total cost to replace the membranes is $556,150.00 and they have a life
expectancy of 10 years, resulting in an approximate annual cost of $63,217 (assuming an
inflation rate of 2.4% per CPI forecasts). The project is expected to be completed by October 1,
2012. The operating budget impact of the completed project is reflected in the table below. The
operating budget funding source will be user fees.
Elements
FY 2012
FY 2013 — FY 2022
Capital Outlay
$556,150
0
Annual Cost Savings *
$0
$31,000
*This reflects the approximate annual cost savings in the operating budget for each fiscal year
over the life of the membranes. This savings is in addition to the power savings realized due to
the inter -stage booster installation. The annual savings is based on a 25% annual use factor, 10%
horsepower savings and an eight cents per kilowatt-hour energy cost. While this project is
required for replacement alone, the resulting energy savings offset approximately 49% of the
project cost.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient for Board action. —SRT
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board of Collier County Commissioners, as Ex- officio the
Governing Board of the Collier County Water -Sewer District, award Invitation to Bid Number
12 -5873 and authorize the issuance of a purchase order for the Purchase and Delivery of
membrane filter elements for the North County Regional Water Treatment Plant Membrane
Replacement Project Number 71057, to Toray Membrane USA, Inc., in the amount of
$556,150.00.
Prepared By: Mark J. Sunyak, P.E., Principal Project Manager, Public Utilities Planning and
Project Management
Attachments: Bid Tabulation
Recommendation Letter
ITB 12 -5873
Sample Purchase Order
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5/22/2012 Item 16.C.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.3.
Item Summary: Recommendation to award Invitation to Bid Number 12 -5873 and the
issuance of a purchase order for the Purchase and Delivery of Membrane Filter Elements for the
North County Regional Water Treatment Plant Membrane Replacement Project Number 71057,
to Toray Membrane USA, Inc., in the amount of $556,150.
Meeting Date: 5/22/2012
Prepared By
Name: SunyakMark
Title: Project Manager, Principal,Public Utilities Engineering
4/27/2012 3:46:26 PM
Submitted by
Title: Project Manager, Principal,Public Utilities Engineering
Name: SunyakMark
4/27/2012 3:46:27 PM
Approved By
Name: HapkeMargie
Title: Operations Analyst, Public Utilities
Date: 4/27/2012 4:14:14 PM
Name: WidesTom
Title: Director - Operations Support - PUD,Utilities Fina
Date: 4/30/2012 10:12:07 AM
Name: ParkerNicole
Title: Contracts Specialist,Purchasing & General Services
Date: 4/30/2012 10:47:20 AM
Name: Paul Mattausch
Title: Director - Water,Water
Date: 4/30/2012 10:59:59 AM
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Name: Pam Libby
Title: Manager - Operations - Water /WW,Water
Date: 4/30/2012 11:24:41 AM
Name: Howard Brogdan
Title: Supervisor - Laboratory,Water
Date: 4/30/2012 11:50:21 AM
Name: JohnsonScott
Title: Purchasing Agent,Purchasing & General Services
Date: 5/3/2012 9:54:02 AM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 5/3/2012 10:34:15 AM
Name: ChmelikTom
Title: Project Manager, Principal,Public Utilities Engine
Date: 5/4/2012 10:26:41 AM
Name: YilmazGeorge
Title: Director - Wastewater,Wastewater
Date: 5/8/2012 3:05:08 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 5/10/2012 1:11:49 PM
Name: Joshua Thomas
Title: Grants Support Specialist,
Date: 5/11/2012 8:20:16 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/11/2012 4:27:04 PM
Name: UsherSusan
Title: Management/Budget Analyst, Semor,Office of Manage
Date: 5/14/2012 11:28:06 AM
Name: OchsLeo
Title: County Manager
Date: 5/14/2012 3:03:08 PM
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5/22/2012 Item 16.0
5122/2012 Item 16.C..�.
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April 23, 2012 .
Mr. Mark Sunyak, P.E.
Principal Project Manager
Collier County Public Utilities Division
3339 Tamiami Trail East, Suite 303
Naples, Florida 34112
Re: Recommendation of Award
Bid No. 12-5873 NCRWTP Membrane Replacement
Dear Mr. Sunyak:
Three bids were received on March 30, 2012 for the referenced project. Toray Membrane US was the
apparent low bidder with a Unit Price Bid amount of $350.00 per membrane module. Based on the
anticipated total number of membrane modules to be ordered and Toray's Unit Price Bid, the proposed
total purchased order amount would be $556,150.00.
In accordance with the Bid Documents, Toray Membrane US submitted the required 'information, which
HDR has reviewed and finds that the proposed membrane module to be supplied for this Project meets the
specified performance requirements. Based on our review of the bids and submitted information, we
recommend that -a purchase order for the referenced project be awarded to Toray Membrane US in the
amount of $556,150.00..
If you have any questions, please contact us. HDR is looking forward to working with the County on this
Project.
Sincerely,
HDR Engineering, Inc.
Steven B.upp, P.E.
Project Manager
enclosure (bid tabulation)
HDR Engineering, Inc. 2621 Cattlemen Road
Suite 106
Sarasota, FL 34232
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Phone: 941.342.2700
Fax: 941.3426589
www.hdr.inc.com
5122/2012 Item 15.1..
Je r County
AcIrnnistrative Services Diviston
Purchasing
INVITATION TO BID
Date: March 20, 2012
From: Scott D. Johnson, Procurement Strategist
(239) 252 -8995 (Telephone)
(239) 252 -6588 (FAX)
scottjohnson @colliergov.net (Email)
To: Prospective Vendors
Subject: Solicitation: 12 -5873 NCRWTP Membrane Replacement
As requested by the Planning & Project Management Department, the Collier County
Board of County Commissioners Purchasing Department has issued this ITB for the
purpose of obtaining fair and competitive responses.
Please refer to the Public Notice included in this document for the opening date and
time and any applicable pre -ITB conference.
All questions regarding this ITB must be submitted online on the Collier County
Purchasing Department E- Procurement website: www.colliergov.net/bid. All responses
to questions will be posted on the website with electronic notification to all prospective
vendors.
We look forward to your participation in Collier County's competitive procurement
process.
cc: Jason Tomassetti
Note: All ITB responses submitted must include one (1) original labeled MASTER,
along with 1 exact duplicate copy, including all required forms.
Pudaasing Depameni • 3327 Tamlam; Trail East , Naples, Flonoa 34112 -4941 • mm col eraou.netDurhasing
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5122/2012 Item 15.C.3.
Invitation to Bid
Index
PublicNotice ............................................................................................... ............................... 3
Exhibit I: Scope of Work, Specifications and Response Format ................ ............................... 4
Exhibit II: General Bid Instructions ............................................................. ............................... 6
Exhibit III: Standard Purchase Order Terms and Conditions ....................... .............................12
Exhibit IV: Additional ITB Terms and Conditions ......................................... .............................15
Attachment 1: Vendor Submittal - Vendor's Non - Response Statement ....... .............................22
Attachment 2: Vendor's Check List ............................................................. .............................23
Attachment 3: Vendor Submittal - Bid Response Form ............................... .............................24
Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit .......... .............................26
Attachment 5: Vendor Submittal — Immigration Affidavit ............................... .............................27
Attachment 6: Vendor Substitute W — 9 ........................................................ .............................28
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements ... .............................30
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5/22/2012 Item 1 E.C.:' .
Public Notice
Sealed bid responses for Solicitation 12 -5873 NCRWTP Membrane Replacement, will be
received electronically only at the Collier County Government, Purchasing Department, 3327
Tamiami Trail E, Naples, FL 34112 until 2:30 p.m. Collier County local time on March 30, 2012.
Solicitation responses received after the stated time and date will not be accepted.
Solicitation 12 -5873 NCRWTP Membrane Replacement
All questions regarding this ITB must be submitted online on the Collier County Purchasing
Department E- Procurement website: www.colliergov.net /bid. All responses to questions will be
posted on the website with electronic notification to all prospective vendors.
All solicitation responses must be made on the official ITB response form included and only
available for download from the Collier County Purchasing Department E- Procurement website
noted herein. ITB Documents obtained from sources other than Collier County Purchasing
may not be accurate or current.
Collier County encourages vendors to utilize recycled paper on all manual bid response
submittals.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Joanne Markiewicz
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 March 20, 2012.
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5,122/2012 Item 16.C.3.
Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Planning & Project Management Department (hereinafter, the
"Division or Department "), 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 herein.
Detailed Scope of Work
See separate downloadable file from www.colliergov.net/bid
Award Criteria
ITB award criteria is as follows:
• All questions on the Bid document shall be answered as to price(s), time requirements, and
required document submissions.
• Award shall be based upon the responses to all questions on the Bid Response Page(s).
• Further consideration may include but not be limited to, references, completeness of bid
response and past performances on other County bids /projects.
• Prices will be read in public exactly as input on the electronic bid response form or written on
the manually submitted Bid Response Page(s) at the time of the bid opening; however, should
an error in calculations occur whenever unit pricing and price extensions are requested, the
unit price shall prevail. Mathematical miscalculations may be corrected by the County to
reflect the proper response.
• The County's 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 responsive vendor(s) in accordance with
the following methodology:
This bid will awarded to the lowest, responsive bidder meeting the specification on the
attachment for one membrane.
• 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 current needs only.
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 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.
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5/22/2012 Item 16..3.
Projected Timetable
Event
Date
Issue Solicitation Notice
3/20/2012
Last Date for Receipt of Written Questions
JPre-3/28/2012
3/28/2012, 12 Noon,
Naples Local Time
Addendum Issued Resulting from Written Questions or
Proposal Conference if applicable)
Solicitation Deadline Date and Time
3/30/2012, 2:30PM,
Naples Local Time
Anticipated Evaluation of Submittals
4/1 thru 4/16
Anticipated Board of County Commissioner's Contract
Approval Date
4/24/2012
Vendor Required Documents
• Attachment 1: Vendor's Non Response Statement
• Attachment 2: Vendor's Check List
• Attachment 3: Vendor Bid Response Form
• Attachment 4: Local Vendor Preference
• Attachment 4: Immigration Law Affidavit
• Attachment 5: Vendor Substitute W -9
• Attachment 6: Insurance and Bonding Requirement
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Exhibit It: General Bid Instructions
1. Purpose /Objective
5/22/2012 Item 1 a.G.3.
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
1, 2, 3, 4, and 5 of this ITB. No bid will be considered unless the Bid form is properly
siqned. Vendor is responsible to read and follow the instructions very carefully, as any
misinterpretation or failure to comply with these instructions could lead to the bid submitted as
being rejected as non - responsive.
2. Pricing
Vendors must provide unit prices using the unit of measured specified by the County. All prices
will remain firm for a period of one hundred and eighty (180) calendar days from date of bid
opening. After award by the Board of County Commissioners, prices may only be adjusted as
outlined in Exhibit I: Term of Contract.
3. Alternate Bid Pricing
In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide
pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted
price will be the basis for the rejection of the submitted bid response. All bids responses received
without pricing for all alternates as listed will be considered technically non - responsive and will not
be considered for award.
4. Equal Product
Manufacturer's name, brand name and /or model number are used in these specifications for the
purpose of establishing minimum requirements of level of quality, standards of performance and /or
design required, and is in no way intended to prohibit the bidding of other manufacturer's items of
equal or similar material. An equal or similar product may be bid, provided that the product is
found to be equal or similar in quality, standard of performance, design, etc. to the item specified.
Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of
factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid
as equal or similar.
Equal product samples, if required for evaluation, and at no cost to the County, must be submitted
with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless
samples are delivered to specified address by bid due date. The County shall be sole judge of
equality or similarity, and its decision shall be final in the best interest.
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5. Discounts
Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be
considered in the award of tie bids. In no instance should payment terms less than fifteen (15)
calendar days be offered.
6. Exceptions
Vendors taking exception to any part or section of these specifications shall indicate such
exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to
indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully
comply with the specifications as written. The County, at its sole discretion, shall determine if the
exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for
rejection of bid proposal.
7. Addenda
The County reserves the right to formally amend and /or clarify the requirements of the bid
specifications where it deems necessary. Any such addendum /clarification shall be in writing and
shall be distributed electronically to all parties who received the original bid specifications 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 E- Procurement 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
For Electronic bid submission
All electronic bids shall be submitted online via the Collier County Purchasing Department e-
procurement website: www.colliergov.net/bid.
For Paper bid submission
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.
Vendors must submit one (1) paper copy clearly labeled "Master," and two (2) compact disks
(CD's) with one copy of the proposal on each CD in Word, Excel or PDF. List the Solicitation
Number and Title on the outside of the box or envelope. All bids sent by courier service must
have the bid number and title on the outside of the courier packet.
Vendors who wish to receive copies of bids after the bid opening may view and download same
from the Collier County Purchasing Department Internet bid site.
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5/2212012 Item 16.C.3.
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 E- Procurement 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 rip or 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.
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.
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5/22/2012 Item 16.x.2.
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. 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
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5/22/2012 Item 16.0.3.
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: hftp://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 seg. and regulations relating thereto, as either may be
amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to
comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach
of the award agreement and the County shall have the discretion to unilaterally terminate said
agreement immediately.
14. Lobbying
All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied
either individually or collectively about a project for which a firm has submitted a bid. Firms and
their agents are not to contact members of the County Commission for such purposes as
meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to
final Board approval, no firm or its agent shall contact any other employee of Collier County with
the exception of the Purchasing Department.
15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute
607.1501)
In order to be considered for award, firms submitting a response to this solicitation shall be
required to provide a certificate of authority from the Florida Department of State Divisions of
Corporations in accordance with the requirements of Florida Statute 607.1501
(www.sunbiz.org /search.html). A copy of the document shall be submitted with the solicitation
response and the document number shall be identified. Firms who do not provide the certificate of
authority at the time of response shall be required to provide same within five (5) days upon
notification of selection for award. If the firm cannot provide the document within the referenced
timeframe, the County reserves the right to award to another firm.
16. General Information
When it is deemed by the County that a bid cannot be awarded as originally intended, the County
reserves the right to award this bid through an approach which is the best interest of the County.
Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying
as low bid, the County shall ask vendors to submit certification that they have a drug -free
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5/22/2012 Item 1.
workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said
certification; the County will give local vendor preference.
17. Bid Award Process
Award of contract will be made by the Board of County Commissioners in public session. 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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5/22/2012 Item 1 6.C. .
Exhibit III: Standard Purchase Order Terms and Conditions
1.
Offer
delivery; provided that risk of loss prior to
This offer is subject to cancellation by the
actual receipt of the goods by the COUNTY
COUNTY without notice if not accepted by
nonetheless remain with VENDOR.
VENDOR within fourteen (14) days of issuance.
b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
2.
Acceptance and Confirmation
specifically stated in this Purchase Order.
This Purchase Order (including all documents
Unless otherwise provided in Purchase
attached to or referenced therein) constitutes
Order, no invoices shall be issued nor
the entire agreement between the parties, unless
payments made prior to delivery. Unless
otherwise specifically noted by the COUNTY on
freight and other charges are itemized, any
the face of this Purchase Order. Each delivery of
discount will be taken on the full amount of
goods and /or services received by the COUNTY
invoice.
from VENDOR shall be deemed to be upon the
c) All shipments of goods scheduled on the
terms and conditions contained in this Purchase
same day via the same route must be
Order.
consolidated. Each shipping container must
be consecutively numbered and marked to
No additional terms may be added and Purchase
show this Purchase Order number. The
Order may not be changed except by written
container and Purchase Order numbers must
instrument executed by the COUNTY. VENDOR
be indicated on bill of lading. Packing slips
is deemed to be on notice that the COUNTY
must show Purchase Order number and
objects to any additional or different terms and
must be included on each package of less
conditions contained in any acknowledgment,
than container load (LCL) shipments and /or
invoice or other communication from VENDOR,
with each car load of equipment. The
notwithstanding the COUNTY'S acceptance or
COUNTY reserves the right to refuse or
payment for any delivery of goods and /or
return any shipment or equipment at
services, or any similar act by VENDOR.
VENDOR'S expense that is not marked with
Purchase Order numbers. VENDOR agrees
3.
Inspection
to declare to the carrier the value of any
All goods and /or services delivered hereunder
shipment made under this Purchase Order
shall be received subject to the COUNTY'S
and the full invoice value of such shipment.
inspection and approval and payment therefore
d) All invoices must contain the Purchase Order
shall not constitute acceptance. All payments are
number and any other specific information as
subject to adjustment for shortage or rejection.
identified on the Purchase Order. Discounts
All defective or nonconforming goods will be
of prompt payment will be computed from the
returned pursuant to VENDOR'S instruction at
date of receipt of goods or from date of
VENDOR'S expense.
receipt of invoices, whichever is later.
Payment will be made upon receipt of a
To the extent that a purchase order requires a
proper invoice and in compliance with
series of performances by VENDOR, the
Chapter 218, Fla. Stats., otherwise known as
COUNTY prospectively reserves the right to
the "Local Government Prompt Payment
cancel the entire remainder of the Purchase
Act," and, pursuant to the Board of County
Order if goods and /or services provided early in
Commissioners Purchasing Policy.
the term of the Purchase Order are
non - conforming or otherwise rejected by the
5. Time Is Of the Essence
COUNTY.
Time for delivery of goods or performance of
services under this Purchase Order is of the
4.
Shipping and Invoices
essence. Failure of VENDOR to meet delivery
a) All goods are FOB destination and must be
schedules or deliver within a reasonable time, as
suitably packed and prepared to secure the
interpreted by the COUNTY in its sole judgment,
lowest transportation rates and to comply
shall entitle the COUNTY to seek all remedies
with all carrier regulations. Risk of loss of
available to it at law or in equity. VENDOR
any goods sold hereunder shall transfer to
agrees to reimburse the COUNTY for any
the COUNTY at the time and place of
expenses incurred in enforcing its rights.
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VENDOR further agrees that undiscovered
delivery of nonconforming goods and /or services
is not a waiver of the COUNTY'S right to insist
upon further compliance with all specifications.
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.
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
5/22/2012 Item 16. --Z"
VENDOR shall indemnify and hold harmless the
COUNTY from any and all claims, including
claims of negligence, costs and expenses,
including but not limited to attorneys' fees, arising
from, caused by or related to the injury or death
of any person (including but not limited to
employees and agents of VENDOR in the
performance of their duties or otherwise), or
damage to property (including property of the
COUNTY or other persons), which arise out of or
are incident to the goods and /or services to be
provided hereunder.
11. Warranty of Non - Infringement
VENDOR represents and warrants that all goods
sold or services performed under this Purchase
Order are: a) in compliance with applicable laws;
b) do not infringe any patent, trademark,
copyright or trade secret; and c) do not constitute
unfair competition.
VENDOR shall indemnify and hold harmless the
COUNTY from and against any and all claims,
including claims of negligence, costs and
expense, including but not limited to attorneys'
fees, which arise from any claim, suit or
proceeding alleging that the COUNTY'S use of
the goods and /or services provided under this
Purchase Order are inconsistent with VENDOR'S
representations and warranties in section 11 (a).
If any claim which arises from VENDOR'S breach
of section 11 (a) has occurred, or is likely to
occur, VENDOR may, at the COUNTY'S option,
procure for the COUNTY the right to continue
using the goods or services, or replace or modify
the goods or services so that they become
non - infringing, (without any material degradation
in performance, quality, functionality or additional
cost to the COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall provide
commercial insurance of such type and with such
terms and limits as may be reasonably
associated with the Purchase Order. Providing
and maintaining adequate insurance coverage is
a material obligation of the VENDOR. All
insurance policies shall be executed through
insurers authorized or eligible to write policies in
the State of Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all
federal, state, and local laws, rules, codes, and
ordinances that are applicable to the conduct of
its business. By way of non - exhaustive example,
this shall include the American with Disabilities
Act and all prohibitions against discrimination on
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the basis of race, religion, sex creed, national
origin, handicap, marital status, or veterans'
status. Further, VENDOR acknowledges and
without exception or stipulation shall be fully
responsible for complying with the provisions of
the Immigration Reform and Control Act of 1986
as located at 8 U.S.C. 1324, et seq. and
regulations relating thereto, as either may be
amended. Failure by the awarded firm(s) to
comply with the laws referenced herein shall
constitute a breach of the award agreement and
the County shall have the discretion to
unilaterally terminate said agreement
immediately. Any breach of this provision may
be regarded by the COUNTY as a material and
substantial breach of the contract arising from
this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in
performance resulting from any cause beyond
their control, including, but without limitation to
war, strikes, civil disturbances and acts of nature.
When VENDOR has knowledge of any actual or
potential force majeure or other conditions which
will delay or threatens to delay timely
performance of this Purchase Order, VENDOR
shall immediately give notice thereof, including all
relevant information with respects to what steps
VENDOR is taking to complete delivery of the
goods and /or services to the COUNTY.
15. Assignment
VENDOR may not assign this Purchase Order,
nor any money due or to become due without the
prior written consent of the COUNTY. Any
assignment made without such consent shall be
deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida sales
and use tax on real property, transient rental
property rented, tangible personal purchased or
rented, or services purchased (Florida Statutes,
Chapter 212), and from federal excise tax.
17. Annual Appropriations
The COUNTY'S performance and obligation to
pay under this Purchase Order shall be
contingent upon an annual appropriation of
funds.
18. Termination
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order
may be terminated immediately by the COUNTY
for breach by VENDOR of the terms and
5/22/2012 Item 16.C.3.
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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5122/2012 Item 5.C....
Exhibit IV: Additional ITB Terms and Conditions
1. Additional Items and /or Services
During the contract term, Collier County reserves the right to add related items and /or services
upon negotiation of a satisfactory price by the Project Manager and Vendor.
2. Conflict of Interest
Vendor shall provide a list of any businesses and /or organizations to which the firm has any
affiliation or obligations within the past five (5) years; whether paid or donated, which could be
construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of
interest is subject to County staff review and does not in and of itself disqualify a firm from
consideration. These disclosures are intended to identify and or preclude conflict of interest
situations during contract selection and execution.
3. Vendor Performance Evaluation
Collier County has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion /termination of agreement.
5. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly
responsible for 100% 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.
7. 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.
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.
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5/22/2012 Item 16.0.3.
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. 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.
10. 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.
11. 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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12. 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. 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 Ca)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.
Collier County cautions vendors to consider both methods of payment when determining pricing
as no additional surcharges or fees will be considered (per Rules for VISA Merchants and
MasterCard Merchant Rules). 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 shall 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 must 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
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5/22/2012 Item 1 6.C.3.
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.
14. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in Insurance and
Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain
property insurance upon the entire project, if required, to the full insurable value of the scope of
work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to
the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Vendors, Design Consultants and
Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set
forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services
Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured
retentions or deductibles under any of the below listed minimum required coverage, Vendor must
identify on the Certificate of Insurance the nature and amount of such self- insured retentions or
deductibles and provide satisfactory evidence of financial responsibility for such obligations. All
self- insured retentions or deductibles will be Vendor's sole responsibility.
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5/22/2012 Item 16.0.;:
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 Aft
this solicitation, whichever is longer.
The Vendor and /or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall
also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices
of expiration, cancellation, non - renewal or material change in coverage or limits received by
Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to
provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by
Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to
the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the
County may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to
reimburse the County for such costs within thirty (30) days after demand, the County has the right
to offset these costs from any amount due Vendor under this Agreement or any other agreement
between the County and Vendor. The County shall be under no obligation to purchase such
insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or
companies used. The decision of the County to purchase such insurance coverage(s) shall in no
way be construed to be a waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of
the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure
of the Vendor to provide the County with such renewal certificate(s) shall be considered
justification for the County to terminate any and all contracts.
15. 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.coiliergov.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.
16. 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 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.
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5/22/2012 Item 16.C.3.
17. 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.
18. 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.
19. Direct Material Purchase
The County reserves the right to require Vendor to assign some or all of its agreements with
material suppliers directly to the County. Any such goods and /or materials purchased by the
County pursuant to such an assignment of a material supply agreement shall be referred to as
"County Furnished Materials" and the responsibilities of both the County and the Vendor relating
to said materials shall be governed by the terms and conditions of this solicitation.
Additionally, the County at its sole option may choose to purchase some or all of the goods and /or
materials from other suppliers. In either instance the County may require the following information
from the Vendor:
• Required quantities of material.
• Specifications relating to goods and /or materials required for job including brand and /or model
number or type if applicable
• Pricing and availability of goods and /or materials provided under Vendor's agreements with
material suppliers
20. 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.
#12 -5873 20
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21. Equipment
Vendor shall have available and in good working condition, the necessary equipment to perform
the required service. Vendor shall supply a list of equipment and an hourly rate for each. Hourly -1k,
rates will commence once equipment arrives at the service site.
In the event that additional specialized and /or heavy equipment (backhoe, crane, mudhog, etc.) is
needed, the Project Manager must be notified in advance for approval. The reimbursement of
additional equipment expense shall be at cost and will commence once equipment arrives at the
service site. The County reserves the right to request and obtain documentation of the Vendor's
cost, and to withhold payments until documentation is provided.
The scope of these specifications is to ensure the delivery of a complete unit ready for operation.
Omission of any essential detail from these specifications does not relieve the Vendor from
furnishing a complete unit.
All equipment must be new and of current manufacture in production at the time of ITB opening,
and carry standard warranties. At the time of delivery, at least two (2) complete shop repair
manuals and parts lists must be furnished with each type of equipment. Vendor must service all
equipment prior to delivery and /or acceptance by the County.
#12 -5873 21
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5/22/2012 Item 16.0.3.
CoIr county
dnvnistabve Services Dmson
Purchasing
Attachment 1: Vendor Submittal - Vendor's Non - Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear,
concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective
Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate
the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to
the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department,
3327 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s):
Solicitation: 12 -5873 NCRWTP Membrane Replacement
❑ Services requested not available through our company.
❑ Our firm could not meet specifications /scope of work.
❑ Specifications /scope of work not clearly understood (too vague, rigid, etc.)
❑ Project is too small.
❑ Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address:
❑ Other reason(s):
Firm's Complete Legal Name
Address
City, State, Zip
Telephone Number
FAX Number
Signature / Title
Type Name of Signature Date:
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5/22/2012 Item 15.E
Coo ler co ty
Admisti-Ave Service Wsion
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 drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has
been included.
8. Addendum have been signed and included, if applicable.
9. Affidavit for Claiming Status as a Local Business, if applicable.
10. Immigration Affidavit and company's E- Verify profile page or memorandum of understanding.
11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this
ITB.
12. The mailing envelope must be addressed to:
Purchasing Director
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
The mailing envelope must be sealed and marked with:
• Solicitation: 12 -5873 NCRWTP Membrane Replacement
• Opening Date: 3/30/2012
13. The bid will be mailed or delivered in time to be received no later than the specified opening date
and time. (Otherwise bid cannot be considered.)
ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE
OF THE COURIER PACKET.
Company Name
Signature & Title
Date
#12 -5873 23
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5,122/2012 Item 16.C.�.
ear Wintry
Adrrrini:h-azive Service Vision
Purchasing
Attachment 3: Vendor Submittal - Bid Response Form
�eM
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: 12 -5873 NCRWTP Membrane Replacement
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. Please input your prices online.
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.
#12 -5873 24
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5/22/2012 Item 16.C.,:.
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
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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5/22/2012 Item 16.G.6.
co ler cow:n u
Adrnnistrabve Services Dvision
Purchasing
Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit
Solicitation: 12 -5873 NCRWTP Membrane Replacement (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:
Address in Collier or Lee County:
Signature: Title:
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day
of 20
Notary Public
My Commission Expires:
(AFFIX OFFICIAL SEAL)
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5/22/2012 Item 16.C.31.
Ccler Cvumj,
Adrrsrrx*, a services Dmsw
Rnhamn4
Attachment 5: Vendor Submittal — Immigration Affidavit
Solicitation: 12 -5873 NCRWTP Membrane Replacement
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal
Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll
in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the
vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company
Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to
include this Affidavit and acceptable evidence of enrollment in the E- Verify program, may deem the Vendor /
Bidder's proposal as non - responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of
the Immigration and Nationality Act ( "INA ").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the
INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be
grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act
and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-
Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the
Vendor's / Bidder's proposal.
Company Name
Print Name
Signature
State of
County of
Title
Date
The foregoing instrument was signed and acknowledged before me this day of , 20_, by
who has produced
(Print or Type Name)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number /Expiration
as identification.
(Type of Identification and Number)
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.
#12 -5873 27
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5/22/2012 Item 1 6.C.3.
Colter C.0Mnt;Y
Admr*4sratAeSerwws:)msion
Purchasing
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
93
2. Company Status (check only one)
City
Zip
Email
Remit / Payment Information
Address
City State Zip
FAX
Email
_Individual /Sole Proprietor
_Corporation
F_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
Title
#12 -5873
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Date
Phone Number
28
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5/22/2012 (term
29
5/22/2012 Item 16.C.3.
lr county
Ad nistxa ue Services Nisien
Purchasing
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements
Insurance / Bond Type Required Limits
1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. ® Employer's Liability
$1,000,000 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 Contractor/Vendor/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. ® 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 claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
#12 -5873
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5/22/2012 Item
❑ 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).
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
#12 -5873 31
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d all invoit 5/22/2012 Item 16.G.3.
Collier County Board of County Commissioners
Purchasing Department Collier County Board of County Commissioners
3327 Tamiami Trl E Attn: Accounts Payable
Naples FL 34112 -4901 3299 Tamiami Trl E Ste 700
Tax Exempt: 85- 801262183OC -2 Naples FL 34112 -5749
Vendor# 122489
AFC ELECTRIC INC
10550 ABERNATHY ST
BONITA SPRINGS FL 34135
Please deliver to:
NORTH COLLIER REGIONAL PARK
15000 LIVINGSTON RD
NAPLES FL 34109
Terms of Payment Net 30 Days
Purchase Order number must appear on all related
correspondence, shipping papers and invoices:
Po Number 4500135552 Date 04111/2012
contact Person Parks Admin
Delivery Date:
Currency USD
rren ,;fir. Qp,
' vnur JRd,9W 7 ve
00010 Supply & Install Timer Control Site Ligh 340 each 1.00 340.00
Quantity still to be delivered 0each
306- 116360- 763100- 80024.1
Supply & install (1) T104 Time to control site lighting pole lights and (1) photocell on the flag polo light fixture
Item completely delivered ANK MOR AME MEN
e<excln r Cif , .
VENDOR Terms and Conditions
The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Purchasing Internet site:
httpJ twww.colliergov.neUlndex.aspx ?page =762 (revision date 01/22/2008), including delivery and payment terms. Further the VENDOR agrees to:
1. Provide goods and services outlined in this Purchase Order with the prices, terms, delivery method and
specifications listed above.
2. Notify department Immediately if order fulfillment cannot occur as specified.
3. Send all invoices to:
Collier County Board of County Commissioners
Attn: Accounts Payable
3299 Tamiami Trl E Ste 700
Naples FL 34112 -5749
The Purchase Order is authorized under direction of Collier County Board of County Commissioners by:
U t ice_ Stephen Y. Camell, General Services / Purchasing Director_ Stephen Y. Camell, General Services / Purchasing Director
Printed Wed May 09 201215:15:10 GMT-0400 306.116360- 763100480024.1 Page 1 of 1
Packet Page -1499-
i
r.
5/22/2012 Item
Collier County
Purchase Order Terms and Conditions
1. Offer
This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14)
days of issuance.
2. Acceptance and Confirmation
This Purchase Order (including all documents attached to or referenced herein) constitutes the entire
agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase
Order. Each delivery of goods and /or services received by the COUNTY from VENDOR shall be deemed to be
upon the terms and conditions contained in this Purchase Order.
No additional terms may be added and Purchase Order may not be changed except by written instrument executed
by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms
and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding
the COUNTY'S acceptance or payment for any delivery of goods and /or services, or any similar act by VENDOR.
3. Inspection
All goods and /or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval
and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or
rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S
expense.
To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively
reserves the right to cancel the entire remainder of the Purchase Order if goods and /or services provided early in
the term of the Purchase Order are non - conforming or otherwise rejected by the COUNTY.
4. Shipping and Invoices
a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation
rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the
COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the
COUNTY nonetheless remain with VENDOR.
b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in
this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments
made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full
amount of invoice.
c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping
container must be consecutively numbered and marked to show this Purchase Order number. The container
and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order
number and must be included on each package of less than container load (LCL) shipments and /or with each
car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at
VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the
carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment.
d) All invoices must contain the Purchase Order number and any other specific information as identified on the
Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date
of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in
compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act,"
and, pursuant to the Board of County Commissioners Purchasing Policy.
5. Time Is Of the Essence
Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of
VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY alone,
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
G/ Operations/Document Approved by Attomey
Revised: 5/5110
Packet Page -1500-
5/22/2012 Item 16.0.3.
nonconforming goods and /or services is not a waiver of the COUNTY'S right to insist upon further compliance with
all specifications.
6. Changes
The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping
instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such
change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable
adjustment in the price and /or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding
the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims
for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within
such additional period of time as may be agreed upon by the parties.
7. Warranties
VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the
specifications, drawings, samples or other descriptions furnished or specked by the COUNTY, and will be of
satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall
be delivered free from any security interest or other lien, encumbrance or claim of any third party. These
warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY.
8. Statutory Conformity
Goods and services provided pursuant to this Purchase Order, and their production and transportation shall
conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal
Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the
Purchase Order.
9. Advertising
No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the
COUNTY for goods and /or services, or appropriate or make use of the COUNTY'S name or other identifying marks
or property without the prior written consent of the COUNTY'S Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence,
costs and expenses, including but not limited to attomeys' 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
a) 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.
b) 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 attomeys' 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).
c) If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR
may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or
replace or modify the goods or services so that they become non - infringing, (without any material degradation
in performance, quality, functionality or additional cost to the COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits
as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance
coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers
authorized or eligible to write policies in the State of Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local
laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non - exhaustive
example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis
of race, religion, sex creed, national origin, handicap, marital status, or veterans status. Further, VENDOR
acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the
G/ Operations /Document Approved by Attomey
Revised: 5/5/10
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5/22/2012 Item 1-0.G.;;.
Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et se g. 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 AOW
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. Tenmination
This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the
VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the
terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such
breach and VENDOR has failed to cure within 10 days of receipt of such notice.
19. General
a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to
specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial
Circuit in and for Collier County, Florida
b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall
not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be
deemed a waiver of any subsequent default by VENDOR.
c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified
mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective
upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its
address for notice by written notice complying with the requirements of this section.
d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order
in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers,
employees and authorized persons.
e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase
Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To
the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions
of the Contract Documents, the provisions of the Terms and /or Conditions that are most favorable to the
County and /or provide the greatest protection to the County shall govern.
G/ OperationslDocurnent Approved by Attorney
Revised: 515/10
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