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Agenda 12/11/2012 Item #16A3312/11/2012 Item 16.A.33. EXECUTIVE SUMMARY Recommendation to reject all bids for Invitation to Bid (ITB) 12 -5857 Nuisance Abatement Services and extend the awards associated with previous solicitation 11 -5646 to Neal's Lawn and Landscaping Maintenance, A & M Property Maintenance, and Walker Exotic Tree eradication until 12/13/2013 or the award of a new solicitation for these services. OBJECTIVE: To reject all bids for 12 -5857 Nuisance Abatement Services and re- solicit bids. CONSIDERATIONS: The Code Enforcement Department is responsible for the enforcement of the Collier County Land Development Code and the Collier County Code of Laws and Ordinances within unincorporated Collier County. Several code provisions grant authority to the County to abate nuisances including litter /debris removal and mowing weeds when a property owner fails to comply after legal notice and due process requirements have been met. The Code Enforcement Department also administers a mandatory lot mowing program for those repeat violators who have failed to maintain their property. Properties with three or more lot mowing (nuisance) violations may be enrolled in the lot mowing program. Once enrolled in the mandatory lot mowing program, the property owner is responsible for direct costs and any administrative costs for the maintenance provided by the County. A lien is placed on the property if the property owner fails to pay the program cost. Work commenced under Solicitation # 11 -5646 for these services in June 2011. After the first year under 11-5646, Code Enforcement waived their option for renewal and instead opted to extend the contract for their preferred vendors for an additional six months in June of 2012. This extension is set to expire on December 14, 2012. Prior to the issuance of the new solicitation, Purchasing and Code Enforcement staff members conducted several meetings with contract vendors and non - contract vendors to consider alternative methods to bid and award. Several methodologies were considered including zone based work, single award, primarily and secondary award, and an averaging methodology among the lowest responsive bidders. The Collier County Purchasing Department posted ITB # 12 -5857 "Nuisance Abatement Services" on May 10, 2012. Notices were electronically transmitted to 1,968 contractors and 5 bids were received. The bid specifications outlined that the three lowest vendor bids would be averaged to determine the lowest price for award. Prior to award, Finance advised they were unable to identify a basis for an Invitation to Bid that averages the three lowest bidders. In order to continue the lawn mowing and debris service removal, staff requests that the Board of County Commissioners extend the current award through 12/13/2013 to allow time for a re- bid and award. This additional extension is authorized under Section XV, Paragraph D: Contract Extension, of the Collier County purchasing policy. FISCAL IMPACT: The funds for mowing and litter debris removal are budgeted in Fund 111- 138911. Packet Page -2657- 12/11/2012 Item 16.A.33. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office is legally sufficient, and requires a majority vote for approval. - ERP RECOMMENDATION: That the Board of County Commissioners reject all bids for Invitation to Bid (ITB) 12 -5857 Nuisance Abatement Services and extend the awards associated with previous solicitation 11 -5646 to Neal's Lawn and Landscaping Maintenance, A & M Property Maintenance and Walker Exotic Tree Eradication until 12/13/2013 or until a new solicitation is awarded, whichever occurs sooner. Prepared by: Jennifer Baker, Enforcement Supervisor, Code Enforcement Department, Growth Management Division, Planning and Regulation Attachment: Solicitation ITB 11 -5646 Packet Page -2658- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.33. 12/11/2012 Item 16.A.33. Item Summary: Recommendation to reject all bids for Invitation to Bid (ITB) 12 -5857 Nuisance Abatement Services and extend the awards associated with previous solicitation 11- 5646 to Neal's Lawn and Landscaping Maintenance, A & M Property Maintenance, and Walker Exotic Tree eradication until 12/13/2013 or the award of a new contract for these services. Meeting Date: 12/11/2012 Prepared By Name: BakerJennifer Title: Code Enforcement Specialist 11/26/2012 8:25:03 AM Approved By Name: F1aggDiane Title: Director - Code Enforcement,Code Enforcement Date: 11/26/2012 10:53:29 AM Name: Markiewiczloanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 11/26/2012 1:09:02 PM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 11/26/2012 1:09:22 PM Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 11/26/2012 4:06:19 PM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 11/26/2012 4:26:00 PM Name: PuigJudy Title: Operations Analyst, GMD P &R Packet Page -2659- Date: 11/27/2012 8:35:01 AM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 11/30/2012 1:22:30 PM Name: KlatzkowJeff Title: County Attorney Date: 12/3/2012 1:19:30 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 12/3/2012 3:17:20 PM Name: OchsLeo Title: County Manager Date: 12/3/2012 4:01:11 PM Packet Page -2660- 12/11/2012 Item 16.A.33. 12/11/2012 Item 16.A.33. W K INVITATION TO BID Date: February 14, 2011 From: Jack Curran, Purchasing Strategist 239 - 252 -6098 (Telephone) 239 - 252 -6596 (FAX) JackCurran @colliergov.net (Email) To: Prospective Vendors Subject: Solicitation: ITB- 11 -5646 - - "Nuisance Abatement Services" As requested by the Code Enforcement Department and Facilities 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: Sharon Dantini,CEDS, Melissa Henning, Facilities Management Note: All ITB responses submitted manually must be submitted as one original, and one exact duplicate copy, including all required forms. ITB 11 -5646 "Nuisance Abatement Services" PadiastV Deparr3 w— 3327 Tamiarnl Trail East . Napdes. Florida 34112.4901- www.coW9ev.net1ourthwng Packet Page -2661- 12/11/2012 Item 16.A.33. Invitation to Bid Index PublicNotice .................................................................................... ............................... 3 Exhibit I: Scope of Work, Specifications and Response Format ..... ............................... 4 Exhibit II: General Bid Instructions .................................................. .............................11 Exhibit III: Standard Purchase Order Terms and Conditions ........... .............................17 Exhibit IV: Additional ITB Terms and Conditions ............................. .............................20 Attachment 1: Vendor Submittal - Vendor's Check List ................. ............................... 26 Attachment 2: Vendor Submittal - Bid Response Form ................. ............................... 27 Attachment 3: Vendor Submittal - Insurance and Bonding Requirements .................... 29 Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit .......................... 31 Attachment 5: Vendor Submittal — Immigration Affidavit ................ ............................... 32 Attachment 6: Vendor Submittal - Vendor's Non - Response Statement ....................... 33 ITB 11 -5646 2 "Nuisance Abatement Services" Packet Page -2662- 12/11/2012 Item 16.A.33. Public Notice Sealed bid responses for Solicitation ITB 11 -5646, will be received electronically only at the Collier County Government, Purchasing Department, 3327 Tamiami Trl E, Naples, FL 34112 until 2:30p.m. Collier County local time on March 9, 2010. Solicitation responses received after the stated time and date will not be accepted. Solicitation ITB 11 -5646 - - "Nuisance Abatement Services" A non - mandatory pre -bid conference will be held on March 1St, 2011, commencing promptly at 9:30am, and held at Purchasing Department Conference Room A. 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/ Steve Carnell Steve Carnell, C.P.M. Purchasing /General Services Director Publicly posted on the Collier County Purchasing Department website: www.colliergov.net /purchasing and in the lobby of the Purchasing Building on February 14, 2011.. ITB 11 -5646 "Nuisance Abatement Services" Packet Page -2663- 12/11/2012 Item 16.A.33. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Code Enforcement & Facilities 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. Brief Description of Service These specifications are intended to provide the information by which prospective bidders may understand the minimum requirements of Collier County relative to entering into a Contract to furnish deliver and provide services related to "Nuisance Abatement Services ". These services include, but are not Limited to: mowing, bush - hogging and litter /debris removal in accordance with Collier County Code of Laws and Ordinances Chapter 54, Article VI, Litter, Weed, and Exotic Control Ordinance and Florida Statutes 713.78 and 715.07. It is the responsibility of the awarded contractors to adhere to these laws and regulations. Location of Work Areas: (lot sizes vary from < 1/8 acre to over 2 acres) East Naples District Golden Gate City District Golden Gate Estates District North Naples District Immokalee District - Inclusive of Port of the Isles /Goodland /Copeland, Detailed Scope of Work The Contractor shall provide all equipment and qualified personnel to perform required services, including but not limited to, mowing, bush - hogging and litter /trash removal in accordance with all specifications, terms and conditions specified herein and attached hereto. The County reserves the right to add and /or delete related item requirements during the term of the contract, at the unit prices specified in the resulting contract. General Requirements: In all cases, prior to each abatement operation, the Contractor shall pick up all litter and vegetative debris, and remove it from all areas to be abated, to ensure clean abatement conditions and preserve Contractor equipment. The Contractor shall abate sites in such a manner to avoid bumping, girdling, and /or causing any other damage to trees, shrubs, plants, fences, and benches. The sites requiring abatement can and will be both public and private property which are under enforcement action taken by the County. Abatement is through authority provided under Ordinance and may be accompanied in some cases by Court Order which may or may not require an escort. ITB 11 -5646 "Nuisance Abatement Services" Packet Page -2664- 12/11/2012 Item 16.A.33. The Contractor shall mow at the interval identified in the individual abatement request, unless otherwise specified by the type of lawn maintenance required. Certain properties may be enrolled in the County's Mandatory Lot Mowing Program which may require mowing bi- weekly during certain periods of heavy growth (May 1 through October 31), and monthly mowing from November 1 st through April 30th, unless otherwise notified by Code Enforcement. The Contractor shall not mow under conditions wet enough to result in damage to turf or unsafe mowing conditions for the Contractor. Contractor Equipment: The Contractor shall provide all equipment to perform requested services, including but not limited to, riding and push mowers, string trimmers, edgers, sweepers, blowers, chain saws, bush - hogging equipment, etc. The Contractor shall keep all blades sharpened to provide a smooth, clean cut. The Contractor shall not use any chemicals in the lawn maintenance process unless written approval has been granted by County representative(s) in writing. Scheduling Services: The Contractor shall have seven (7) calendar days from the date of notice to proceed to complete work related to the abatement (unless specified as an emergency by Code Enforcement). The Contractor shall take every precaution to insure the safety of all citizens and animals on and around subject property during abatement operations. Site Work Hours: Regular work shall take place between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless preempted by scheduled activities. General Experience Requirements: Landscape Vendors: The successful Vendors (s) shall provide personnel that have the ability to meet the requirements of these services. The successful Vendor (s) shall have at least three (3) years of current experience. Specifications Mowing: Assignment of job sites may require a one -time mowing or a continuous cycle of bi- weekly during the period from May 1St through October 31St, or monthly during the period from November 1' through April 30th,. Mowing shall include all specified areas of the properties that are not currently maintained by the property owners, or as indicated on the Code Enforcement request. Swales and dry retention areas must be mowed -Prior to authorizing a vendor to enact the County's Mandatory Lot Mowing Program, the awarded Contractor will be asked to make a site visit and confirm the property size and frequency with the assigned Code Enforcement Investigator. Grass shall be cut at a height no less than three inches (Y). The frequency of cutting will be determined by Code Enforcement. All clippings, cut grass, and vegetative material shall be mulched or removed by the contractor.. Edging: Edging of the turf shall be done along all sidewalk edges, back of concrete curbs, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. Blowing: All sidewalks, curbing and /or gutters including a four foot (4') area from the face of the curb and sidewalk areas shall be cleaned after each service. All sidewalks shall be blown clean.No clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right -of -way areas. ITB 11 -5646 "Nuisance Abatement Services" Packet Page -2665- 12/11/2012 Item 16.A.33. Trash and Vegetative Debris Removal: With each service, all site areas shall be cleaned by removing all trash and debris to include, but not be limited to: paper, bottles, cans, other trash, and horticultural debris. The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal fees, tipping fees or charges are to be included in the base cost of these services. Miscellaneous Services: Additional services, such as grinding, removing stumps, removal of large items such as appliances, furniture, tires, junk cars or other large items are part of this bid. When bidding these services, provide an hourly rate for these services. Contractor's Requirements Initial Site Conditions: Contractor shall have the sole responsibility of satisfying themselves concerning the nature and location of the work and the general and local conditions, and particularly, but, without limitation, with respect to the following: physical conditions at the work -site and the project area as a whole. The failure of the Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional compensation. Abatement Conditions: The Contractor shall use mowing practices so not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the term of this Contract shall be mowed with twenty -one inch (21" + / -) diameter hand walk behind type mowers to prevent wheel ruts in the turf caused by heavier type self - propelled rider mowers. The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the County. Photograph Requirements: All photographs shall be time and date stamped. The before photo showing the violation prior to Contractor abatement, and the after photo showing the site immediately after Contractor abatement. Photos must be in color and submitted in electronic format to the designated County representative. As the photographs may be used as evidence, the Contractor shall retain originals of said photographs either until payment is received by the County or until such a time as deemed appropriate by any other government authority as required by law. Reports and Invoicing: The Contractor shall complete and submit with the invoice for payment, the form(s) provided to the Contractor with before and after photos ,date and time stamped.. For the Mandatory Lot Mowing program, a report is to be submitted every sixty (60) days. The report shall include before and after pictures with date and time stamped, showing the address of the job site for each parcel The Contractor will also be required to conduct on -site inspections with Code Enforcement or County's Representative on an as needed basis to verify satisfactory completion of Contract requirements. The report will be in electronic format and must be Microsoft office compatible Equipment Required for Services: The following equipment is required for this service: • Tractor w/ 60" bush hog or greater (optional, however, must have access as needed) • Professional /Commercial Grade Riding Mower • Hand pushed mower(s) • Weed eater(s) • Power Blower(s) • Power edger(s) • Trailer, dump trailer or dump truck suitable for hauling off debris from property clean up. Could be anything from garbage to appliances, furniture, tires, junk cars or other large items. • Brooms, rakes, shovels, hand trimmers, whatever may be needed to skillfully and safely perform the job in an efficient and timely manner. ITB 11 -5646 "Nuisance Abatement Services" Packet Page -2666- 12/11/2012 Item 16.A.33. • Any other items necessary to accomplish the task. Personnel Required: A crew of necessary size required to meet the service needs. Supervision: The awarded Contractor(s) shall designate a competent Supervisor who is familiar with the terms and conditions of the contract and has authority to act as a single point of contact for the work to be performed, at all times, during the term of this Contract. If the designated Supervisor is not acceptable to the County, the awarded Contractor will be notified in writing, and shall assign a new Supervisor within seven (7) calendar days of the County's notification. All communication, written or oral, shall be solely in the English language. Property Owner Complaints: For the purpose of reporting complaints, the awarded Contractor(s) shall contact the County's Project Manager with any complaints (239/252- 2329). The awarded Contractor(s) will contact Code Enforcement representative to notify County personnel of any complaints received within twenty -four (24) hours. If directed by the Project Manager, the awarded Contractor(s) shall address all complaints within five (5) working days of notification of knowledge of the incident. Damages not responded to or not resolved to the reasonable satisfaction of the County, shall be deducted from the awarded Contractor's invoice. The County is to receive copies of all complaints received (in writing) and, if applicable, have a record of their disposition /resolution. Quantities: The quantity and location of the service areas listed in the Bid are not guaranteed as the number of possible violations cannot be predicted. The County reserves the right to order services as required during said term, but does not guarantee any minimum or maximum. Due to changes in lot ownership, land development and lot owner exemptions, the County will not guarantee any number of lots for the term of this Contract. Landscape Services: Provide documentation of a minimum three (3) years current experience in this type of service Such documentation shall include, but not limited to: a. Project description b. Time of performance c. Names and telephone numbers of individual references familiar with Bidder's project performance and area included in scope of work. Provide a list of owned and /or leased equipment to include, but not be limited to; date of manufacture, condition, whether owned or leased and if leased, date of lease expiration. Sensitive Preserve Areas: On occasion, Collier County requires mechanical nuisance abatement within environmentally sensitive preserve areas. Mechanical nuisance abatement in these instances will include, but not be limited to: mowing large stands of invasive, exotic species; mowing firebreaks and /or trails; and reducing understory prior to prescribed burns. Specifications of equipment to be used are attached. If contractor will not be using the RC -100 Posi -Track Rubber Track Loader equipped with a GyroTrac Toma -Ax 500HF High -Flow Cutter Head, contractor will need to provide specifications to any comparable machinery and contractor will be required to demonstrate the capabilities of the comparable machinery within a Collier County Preserve Area prior to being awarded the bid. Specifications for contractors providing vegetation clearing in Collier County Preserve Areas: Ability to achieve optimal results with minimal amount of ground disturbance by utilizing low ground pressure equipment in an appropriate manner (avoid aggressive turns, use equipment only where specified, etc.). ITB 11 -5646 "Nuisance Abatement Services" Packet Page -2667- 12/11/2012 Item 16.A.33. • Experience working in preserve areas where listed species occur. • Knowledge of natural areas. • Experience reading aerial maps of a site. • Knowledge of Florida plant species. • Knowledge of Florida wetland and upland ecosystems. • Knowledge of proper identification and protection of gopher tortoise burrows and Florida listed species. • Experience de- contaminating invasive, exotic spores, seeds, grasses from machinery. • Experience keeping proper distance from Ecotones. • Understanding of machine ground pressures, root systems of trees and drip lines. CONTRACT PERIOD: This Contract shall commence upon award by the Board of County Commissioners, and will remain in effect for one (1) year. RENEWAL TERMS: This Contract may be renewed at the option of the County, with the consent of the Contractor, on an annual basis for three (3) additional one (1) year periods under the same terms and conditions, with the exception of price increases. Increases for the renewal periods shall not exceed the Consumer Price Index (CPI) for the previous twelve (12) month period and must be requested by the Contractor. CONTRACT TERMINATION: The Contractor agrees that the County /Project Manager shall be sole judge of non - performance. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County per the Contract and Specifications or for any of the following reasons, the County may terminate this Contract immediately: Inability, for any reason, of the Contractor to perform requested service requirements. 2. Work that is not performed on a level consistent with the industry standards. 3. Services not rendered within a reasonable time after notification by the Project Manager. 4. Non - compliance with any portion of this Contract. 5. Any other cause as determined by the County. 6. The County may also terminate this Contract for convenience with a seven (7) day written notice. CONTRACTOR'S MEETING ATTENDANCE: During the Contract Period, the Project Manager or Advisory Committee if applicable may have questions concerning maintenance issues. The Contractor shall be required to attend quarterly meetings and other special meetings that the Project Manager should require. There shall be no additional charge for attendance at these meetings. BILLING: 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. Invoices shall not reflect sales tax. Invoices are sent to the Finance Department for payment and copy to Code Enforcement designated representative for verification of work completed. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 Florida Statutes, otherwise known as the "Florida Prompt Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount of any payments for work not performed or for unsatisfactory performance of Contractual requirements pursuant to these specifications. ITB 11 -5646 "Nuisance Abatement Services" Packet Page -2668- 12/11/2012 Item 16.A.33. SAFETY: All Contractors and subcontractors performing service for Collier County are required to and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. ADDITIONAL ITEMS /SERVICES: Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Project Manager and Contractor. ADDITIONAL SITES MAY BE ADDED: Although this Solicitation identifies specific areas to be serviced, it is hereby agreed and understood that any County department or agency facility may be added to this contract at the option of the County. The awarded contractor for a specific zone, will be notified first of properties that are to be added. Contractor and Project Manager must agree on terms of the new property /lot. If the Project manager determine because of performance and /or workload that the primary vendor will not receive additional work, other successful bidder(s) under this contract shall be invited to submit price quotes for these new sites. If these quotes are comparable with prices offered for similar services, the award(s) shall be made to the lowest responsible bidder(s) meeting specifications in the best interest of the County and a separate purchase order shall be issued by the County. Notwithstanding, the successful bidder does not have an exclusive right to these additional sites. The County may determine to obtain price quotes for the additional facilities from other bidders in the event the County does not find the price quotes comparable. LABOR. MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY THE BIDDER: Unless otherwise provided, the Bidder shall furnish all labor, material and equipment necessary for satisfactory contract performance. When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade for the purpose. All material, workmanship, and equipment shall be subject to the inspection and approval of the County's Project Manager. SUB - CONTRACTORS OF WORK SHALL BE IDENTIFIED: As part of its Bid, the Bidder is required to identify any and all Subcontractors that will be used in the performance of the proposed contract, their capabilities and experience, and the portion of the work'to be done by the subcontractor. The competency of the Subcontractor(s) with respect to experience, skill, responsibility and business standing shall be considered by the County when making the award in the best interest of the County. If the bidder fails to identify any and all sub - Contractors in the Bid, the bidder may be allowed to submit this documentation to the County during the bid evaluation period if such action is in the best interest of the County. Award Criteria ITB award criteria is as follows: • All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. • Award shall be based upon the responses to all questions on the Bid Response Page(s). • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids /projects. • 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. ITB 11 -5646 "Nuisance Abatement Services" Packet Page -2669- 12/11/2012 Item 16.A.33. • The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to the award of the solicitation. • It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s) in accordance with: • Subtotaling (by district) the category prices per items bid by the vendors. • Subtotal pricing across the lines items will be compared against one another to determine the overall best pricing. • The contract will be in the form of a standard County Purchase Order or purchasing card transaction. Term of Contract The contract term, if an award(s) is /are made is intended to be one (1) year with three (3) one (1) year renewal options. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made 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. Projected Timetable Event Date Issue Solicitation Notice February 14, 2011 Last Date for Receipt of Written Questions March 4th, 2011, 10:00am, Naples Local Time Non - mandatory pre - solicitation meeting March 1 S 2011, 9:30am, Naples Local Time and Locations Addendum Issued Resulting from Written Questions or Pre- TBD Proposal Conference Solicitation Deadline Date and Time March 9, 2011, 2:30pm, Naples Local Time Anticipated Evaluation of Submittals March 9-19', 2011 Anticipated Board of County Commissioner's Contract May 22, 2011 Approval Date Vendor Required Documents • Attachment 1: Vendor's Check List • Attachment 2: Bid Response Form • Attachment 3: Insurance and Bonding Requirements • Attachment 4: Local Vendor Preference Affidavit • Attachment 5: Immigration Affidavit Certification and the Company's E- Verify profile page or memorandum of understanding. • Pricing worksheet must be signed and uploaded with bid in excel format; PDF files will be accepted. ITB 11 -5646 "Nuisance Abatement Services" Packet Page -2670- 10 Exhibit II: General Bid Instructions 1. Purpose /Objective 12/11/2012 Item 16.A.33. 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 signed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non - responsive. 2. Pricing Vendors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for a period of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined in Exhibit l: 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. ITB 11 -5646 "Nuisance Abatement Services" Packet Page -2671- 11 12/11/2012 Item 16.A.33. 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 All electronic bids shall be submitted online via the Collier County Purchasing Department e- procurement website: www.coiliergov.net/bid. Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Purchasing Department Internet bid site. 9. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Purchasing Agent before the bid opening date. Direct questions related to this ITB only to the Collier County Purchasing Department Internet website: www.collier-gov.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 Purchasing Agent identified in the Public Notice. ITB 11 -5646 12 "Nuisance Abatement Services" Packet Page -2672- 12/11/2012 Item 16.A.33. 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. 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. ITB 11 -5646 "Nuisance Abatement Services" Packet Page -2673- 13 12/11/2012 Item 16.A.33. 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 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 RidderiVendor does not comply with orovidina both the acceptable E- Verifv evidence 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. ITB 11 -5646 14 "Nuisance Abatement Services" Packet Page -2674- 12/11/2012 Item 16.A.33. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http: / /www.dhs.aov /E- Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 14. Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the 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.htmi). 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 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. ITB 11 -5646 "Nuisance Abatement Services" Packet Page -2675- 15 12/11/2012 Item 16.A.33. 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. ITB 11 -5646 16 "Nuisance Abatement Services" Packet Page -2676- 12/11/2012 Item 16.A.33. 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. ITB 11 -5646 "Nuisance Abatement Services" Packet Page -2677- 17 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. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and /or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and /or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and /or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification 12/11/2012 Item 16.A.33. 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 ITB 11 -5646 18 "Nuisance Abatement Services" Packet Page -2678- 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 ITB 11 -5646 "Nuisance Abatement Services" 12/11/2012 Item 16.A.33. 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. Packet Page -2679- 19 12/11/2012 Item 16.A.33. 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 80% 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. ITB 11 -5646 20 "Nuisance Abatement Services" Packet Page -2680- 12/11/2012 Item 16.A.33. 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. ITB 11 -5646 "Nuisance Abatement Services" Packet Page -2681- 21 12/11/2012 Item 16.A.33. 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 Trl E Ste 700 Naples FL 34112 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 ITB 11 -5646 "Nuisance Abatement Services" Packet Page -2682- 22 12/11/2012 Item 16.A.33. 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 Attachment 3 of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Attachment 3, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be Vendor's sole responsibility. ITB 11 -5646 "Nuisance Abatement Services" Packet Page -2683- 23 12/11/2012 Item 16.A.33. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and /or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 15. Security and Background Checks 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. 16. Maintenance of Traffic Policy For all projects that are conducted within a Collier County Right -of -Way, the Vendor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS) on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through the Risk Management and /or 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. ITB 11 -5646 "Nuisance Abatement Services" Packet Page -2684- 24 12/11/2012 Item 16.A.33. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 17. Debris Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County's representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 18. Direct Material Purchase The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and /or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the County at its sole option may choose to purchase some or all of the goods and /or materials from other suppliers. In either instance the County may require the following information from the Vendor: • Required quantities of material. • Specifications relating to goods and /or materials required for job including brand and /or model number or type if applicable • Pricing and availability of goods and /or materials provided under Vendor's agreements with material suppliers 19. Grant Compliance The purchase of any goods and /or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. 20. Equipment Vendor shall have available and in good working condition, the necessary equipment to perform the required service. Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site. In the event that additional specialized and /or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site. The County reserves the right to request and obtain documentation of the Vendor's cost, and to withhold payments until documentation is provided. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. All equipment must be new and of current manufacture in production at the time of ITB opening, and carry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and /or acceptance by the County. ITB 11 -5646 "Nuisance Abatement Services" Packet Page - 2685 - 25 12/11/2012 Item 16.A.33. *Ito a -, . D M.. wt Attachment 1: 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 Trl E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: ITB 11 -5646 --"Nuisance Abatement Services" • Opening Date: March 9, 2011 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 ITB 11 -5646 26 "Nuisance Abatement Services" Packet Page -2686- 12/11/2012 Item 16.A.33. Cer County AdrndNsibmiM SeMa s Divisian Purchasing Attachment 2: Vendor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: ITB 11 -5646 - - "Nuisance Abatement Services" 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 Vendor Required Documents • Attachment 1: Vendor's Check List • Attachment 2: Bid Response Form • Attachment 3: Insurance and Bonding Requirements • Attachment 4: Local Vendor Preference Affidavit • Attachment 5: Immigration Affidavit Certification and the Company's E- Verify profile page or memorandum of understanding. • Pricing worksheet must be signed and uploaded with bid in excel format; PDF files will be accepted. 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. ITB 11 -5646 "Nuisance Abatement Services" Packet Page -2687- 27 12/11/2012 Item 16.A.33. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 2011 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 Check one of the following: ❑ Sole Proprietorship ❑ Corp or P.A. State of ❑ Limited Partnership ❑ General Partnership Signature / Title Type Name of Signature Date Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address ITB 11 -5646 28 "Nuisance Abatement Services" Packet Page -2688- 12/11/2012 Item 16.A.33. yr coway Admnsb-Am Services Division Purchasing Attachment 3: Vendor Submittal - Insurance and Bonding Requirements Insurance /Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $500,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $_1_000,000 single limit per occurrence ISO form 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor /Vendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 500,000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence ITB 11 -5646 29 "Nuisance Abatement Services" Packet Page -2689- 12/11/2012 Item 16.A.33. 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. 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 ITB 11 -5646 30 "Nuisance Abatement Services" Packet Page -2690- 12/11/2012 Item 16.A.33. M I Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit Solicitation: ITB 11 -5646 - - "Nuisance Abatement Services" (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) ITB 11 -5646 "Nuisance Abatement Services" Packet Page -2691- 31 12/11/2012 Item 16.A.33. Coder Canty Adrr nistative s Pu Attachment 5: Vendor Submittal — Immigration Affidavit Solicitation: ITB 11 -5646 - - "Nuisance Abatement Services" 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 as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number /Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. ITB 11 -5646 32 "Nuisance Abatement Services" Packet Page -2692- 12/11/2012 Item 16.A.33. Corer County Admmshthve Sermoes DMson Purchasing Attachment 6: 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 Purchasing Agent 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: ITB 11- 5646 — "Nuisance Abatement Services" ❑ 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: ITB 11 -5646 "Nuisance Abatement Services" Packet Page -2693- 33 12/11/2012 Item 16.A.33. "Nuisance Abatement Services" These specifications are intended to provide the information by which prospective bidders may understand the minimum requirements of Collier County relative to entering into a Contract to furnish deliver and provide services related to "Nuisance Abatement Services ". These services include, but are not limited to: mowing, bush - hogging and litter /debris removal in accordance with Collier County Code of Laws and Ordinances Chapter 54, Article VI, Litter, Weed, and Exotic Control Ordinance and Florida Statutes 713.78 and 715.07. It is the responsibility of the awarded contractors to adhere to these laws and regulations. Location of Work Areas: (lot sizes vary from < 1/8 acre to over 2 acres) East Naples District Golden Gate City District Golden Gate Estates District North Naples District Immokalee District - Inclusive of Port of the Isles /Goodland /Copeland, Scope of Work: The Contractor shall provide all equipment and qualified personnel to perform required services, including but not limited to, mowing, bush- hogging and litter /trash removal in accordance with all specifications, terms and conditions specified herein and attached hereto. The County reserves the right to add and /or delete related item requirements during the term of the contract, at the unit prices specified in the resulting contract. General Requirements: In all cases, prior to each abatement operation, the Contractor shall pick up all litter and vegetative debris, and remove it from all areas to be abated, to ensure clean abatement conditions and preserve Contractor equipment. The Contractor shall abate sites in such a manner to avoid bumping, girdling, and /or causing any other damage to trees, shrubs, plants, fences, and benches. The sites requiring abatement can and will be both public and private property which are under enforcement action taken by the County. Abatement is through authority provided under Ordinance and may be accompanied in some cases by Court Order which may or may not require an escort. The Contractor shall mow at the interval identified in the individual abatement request, unless otherwise specified by the type of lawn maintenance required. Certain properties may be enrolled in the County's Mandatory Lot Mowing Program which may require mowing bi- weekly during certain periods of heavy growth (May 1 through October 31), and monthly mowing from November 1St through April 30th, unless otherwise notified by Code Enforcement. The Contractor shall not mow under conditions wet enough to result in damage to turf or unsafe mowing conditions for the Contractor. Contractor Equipment: The Contractor shall provide all equipment to perform requested services, including but not limited to, riding and push mowers, string trimmers, edgers, sweepers, blowers, chain saws, bush - hogging equipment, etc. The Contractor shall keep all blades sharpened to provide a smooth, clean cut. The Contractor shall not use any chemicals oft Packet Page -2694- 12/11/2012 Item 16.A.33. in the lawn maintenance process unless written approval has been granted by County representative(s) in writing. Scheduling Services: The Contractor shall have seven (7) calendar days from the date of notice to proceed to complete work related to the abatement (unless specified as an emergency by Code Enforcement). The Contractor shall take every precaution to insure the safety of all citizens and animals on and around subject property during abatement operations. Site Work Hours: Regular work shall take place between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless preempted by scheduled activities. General Experience Requirements: Landscape Vendors: The successful Vendors (s) shall provide personnel that have the ability to meet the requirements of these services. The successful Vendor (s) shall have at least three (3) years of current experience. Specifications Mowing: Assignment of job sites may require a one -time mowing or a continuous cycle of bi- weekly during the period from May 1St through October 31St, or monthly during the period from November 1St through April 30th,. Mowing shall include all specified areas of the properties that are not currently maintained by the property owners, or as indicated on the Code Enforcement request. Swales and dry retention areas must be mowed -Prior to authorizing a vendor to enact the County's Mandatory Lot Mowing Program, the awarded Contractor will be asked to make a site visit and confirm the property size and frequency with the assigned Code Enforcement Investigator. Grass shall be cut at a height no less than three inches (3 "). The frequency of cutting will be determined by Code Enforcement. All clippings, cut grass, and vegetative material shall be mulched or removed by the contractor.. Edging: Edging of the turf shall be done along all sidewalk edges, back of concrete curbs, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. Blowing: All sidewalks, curbing and /or gutters including a four foot (4') area from the face of the curb and sidewalk areas shall be cleaned after each service. All sidewalks shall be blown clean.No clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right -of -way areas. Trash and Vegetative Debris Removal: With each service, all site areas shall be cleaned by removing all trash and debris to include, but not be limited to: paper, bottles, cans, other trash, and horticultural debris. The disposal of all trash and debris must be at a proper landfill Packet Page -2695- 12/11/2012 Item 16.A.33. or disposal site. All disposal fees, tipping fees or charges are to be included in the base cost of these services. Miscellaneous Services: Additional services, such as grinding, removing stumps, removal of large items such as appliances, furniture, tires, junk cars or other large items are part of this bid. When bidding these services, provide an hourly rate for these services. Contractor's Requirements Initial Site Conditions: Contractor shall have the sole responsibility of satisfying themselves concerning the nature and location of the work and the general and local conditions, and particularly, but, without limitation, with respect to the following: physical conditions at the work -site and the project area as a whole. The failure of the Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional compensation. Abatement Conditions: The Contractor shall use mowing practices so not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the term of this Contract shall be mowed with twenty -one inch (21" + / -) diameter hand walk behind type mowers to prevent wheel ruts in the turf caused by heavier type self - propelled rider mowers. The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the County. Photograph Requirements: All photographs shall be time and date stamped. The before photo showing the violation prior to Contractor abatement, and the after photo showing the site immediately after Contractor abatement. Photos must be in color and submitted in electronic format to the designated County representative. As the photographs may be used as evidence, the Contractor shall retain originals of said photographs either until payment is received by the County or until such a time as deemed appropriate by any other government authority as required by law. Reports and Invoicing: The Contractor shall complete and submit with the invoice for payment, the form(s) provided to the Contractor with before and after photos ,date and time stamped.. For the Mandatory Lot Mowing program, a report is to be submitted every sixty (60) days. The report shall include before and after pictures with date and time stamped, showing the address of the job site for each parcel The Contractor will also be required to conduct on -site inspections with Code Enforcement or County's Representative on an as needed basis to verify satisfactory completion of Contract requirements. The report will be in electronic format and must be Microsoft office compatible Equipment Required for Services: The following equipment is required for this service: Packet Page -2696- 12/11/2012 Item 16.A.33. • Tractor w/ 60" bush hog or greater (optional, however, must have access as needed) • Professional /Commercial Grade Riding Mower • Hand pushed mower(s) • Weed eater(s) • Power Blower(s) • Power edger(s) • Trailer, dump trailer or dump truck suitable for hauling off debris from property clean up. Could be anything from garbage to appliances, furniture, tires, junk cars or other large items. • Brooms, rakes, shovels, hand trimmers, whatever may be needed to skillfully and safely perform the job in an efficient and timely manner. • Any other items necessary to accomplish the task. Personnel Required: A crew of necessary size required to meet the service needs. Supervision: The awarded Contractor(s) shall designate a competent Supervisorwho is familiar with the terms and conditions of the contract and has authority to act as a single point of contact for the work to be performed, at all times, during the term of this Contract. If the designated Supervisor is not acceptable to the County, the awarded Contractor will be notified in writing, and shall assign a new Supervisor within seven (7) calendar days of the County's notification. All communication, written or oral, shall be solely in the English language. Property Owner Complaints: For the purpose of reporting complaints, the awarded Contractor(s) shall contact the County's Project Manager with any complaints (239/252- 2329). The awarded Contractor(s) will contact Code Enforcement representative to notify County personnel of any complaints received within twenty -four (24) hours. If directed by the Project Manager, the awarded Contractor(s) shall address all complaints within five (5) working days of notification of knowledge of the incident. Damages not responded to or not resolved to the reasonable satisfaction of the County, shall be deducted from the awarded Contractor's invoice. The County is to receive copies of all complaints received (in writing) and, if applicable, have a record of their disposition /resolution. Quantities: The quantity and location of the service areas listed in the Bid are not guaranteed as the number of possible violations cannot be predicted. The County reserves the right to order services as required during said term, but does not guarantee any minimum or maximum. Due to changes in lot ownership, land development and lot owner exemptions, the County will not guarantee any number of lots for the term of this Contract. Method of Award: The general criteria that will be used for the evaluation of this Bid are set forth in the General Bidding requirements along with the responses as stated on the Bid Response Pages. It is the intent of the County to award this Bid the lowest, qualified and responsive Bidder(s) on a primary/secondary basis per location zone. The secondary 4 Packet Page -2697- 12/11/2012 Item 16.A.33. awardee will be utilized whenever the primary is unable to perform the service as needed. If this bid cannot be awarded as intended, the County will award in a manner that is deemed to be in the best interest of the County. The contract will be a standard County contract. The responsive Bidder shall: Landscape Services: • Provide documentation of a minimum three (3) years current experience in this type of service Such documentation shall include, but not limited to: a. Project description b. Time of performance c. Names and telephone numbers of individual references familiar with Bidder's project performance and area included in scope of work. • Provide a list of owned and /or leased equipment to include, but not be limited to; date of manufacture, condition, whether owned or leased and if leased, date of lease expiration. CONTRACT PERIOD: This Contract shall commence upon award by the Board of County Commissioners, and will remain in effect for one (1) year. RENEWAL TERMS: This Contract may be renewed at the option of the County, with the consent of the Contractor, on an annual basis for three (3) additional one (1) year periods under the same terms and conditions, with the exception of price increases. Increases for the renewal periods shall not exceed the Consumer Price Index (CPI) for the previous twelve (12) month period and must be requested by the Contractor. CONTRACT TERMINATION: The Contractor agrees that the County /Project Manager shall be sole iudge of non - performance. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County per the Contract and Specifications or for any of the following reasons, the County may terminate this Contract immediately: 1. Inability, for any reason, of the Contractor to perform requested service requirements. 2. Work that is not performed on a level consistent with the industry standards. 3. Services not rendered within a reasonable time after notification by the Project Manager. 4. Non - compliance with any portion of this Contract. 5. Any other cause as determined by the County. 6. The County may also terminate this Contract for convenience with a seven (7) day written notice. CONTRACTOR'S MEETING ATTENDANCE: During the Contract Period, the Project Manager or Advisory Committee if applicable may have questions concerning maintenance Packet Page -2698- 12/11/2012 Item 16.A.33. issues. The Contractor shall be required to attend quarterly meetings and other special meetings that the Project Manager should require. There shall be no additional charge for attendance at these meetings. BILLING: 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. Invoices shall not reflect sales tax. Invoices are sent to the Finance Department for payment and copy to Code Enforcement designated representative for verification of work completed. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 Florida Statutes, otherwise known as the "Florida Prompt Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount of any payments for work not performed or for unsatisfactory performance of Contractual requirements pursuant to these specifications. SAFETY: All Contractors and subcontractors performing service for Collier County are required to and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. ADDITIONAL ITEMS /SERVICES: Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Project Manager and Contractor. ADDITIONAL SITES MAY BE ADDED: Although this Solicitation identifies specific areas to be serviced, it is hereby agreed and understood that any County department or agency facility may be added to this contract at the option of the County. The awarded contractor for a specific zone, will be notified first of properties that are to be added. Contractor and Project Manager must agree on terms of the new property /lot. If the Project manager determine because of performance and /or workload that the primary vendor will not receive additional work, other successful bidder(s) under this contract shall be invited to submit price quotes for these new sites. If these quotes are comparable with prices offered for similar services, the award(s) shall be made to the lowest responsible bidder(s) meeting specifications in the best interest of the County and a separate purchase order shall be issued by the County. Notwithstanding, the successful bidder does not have an exclusive right to these additional sites. The County may determine to obtain price quotes for the additional facilities from other bidders in the event the County does not find the price quotes comparable. LABOR, MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY THE BIDDER: Unless otherwise provided, the Bidder shall furnish all labor, material and equipment necessary for satisfactory contract performance. When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade for the purpose. All material, workmanship, and equipment shall be subject to the inspection and approval of the County's Project Manager. SUB - CONTRACTORS OF WORK SHALL BE IDENTIFIED: As part of its Bid, the Bidder is required to identify any and all Subcontractors that will be used in the performance of the Packet Page -2699- 12/11/2012 Item 16.A.33. proposed contract, their capabilities and experience, and the portion of the work to be done by the subcontractor. The competency of the Subcontractor(s) with respect to experience, skill, responsibility and business standing shall be considered by the County when making the award in the best interest of the County. If the bidder fails to identify any and all sub - Contractors in the Bid, the bidder may be allowed to submit this documentation to the County during the bid evaluation period if such action is in the best interest of the County. On occasion, Collier County requires mechanical nuisance abatement within environmentally sensitive preserve areas. Mechanical nuisance abatement in these instances will include, but not be limited to: mowing large stands of invasive, exotic species; mowing firebreaks and /or trails; and reducing understory prior to prescribed burns. Specifications of equipment to be used are attached. If contractor will not be using the RC -100 Posi -Track Rubber Track Loader equipped with a GyroTrac Toma -Ax 500HF High -Flow Cutter Head, contractor will need to provide specifications to any comparable machinery and contractor will be required to demonstrate the capabilities of the comparable machinery within a Collier County Preserve Area prior to being awarded the bid. Specifications for contractors providing vegetation clearing in Collier County Preserve Areas: • Ability to achieve optimal results with minimal amount of ground disturbance by utilizing low ground pressure equipment in an appropriate manner (avoid aggressive turns, use equipment only where specified, etc.). • Experience working in preserve areas where listed species occur. • Knowledge of natural areas. • Experience reading aerial maps of a site. • Knowledge of Florida plant species. • Knowledge of Florida wetland and upland ecosystems. • Knowledge of proper identification and protection of gopher tortoise burrows and Florida listed species. • Experience de- contaminating invasive, exotic spores, seeds, grasses from machinery. • Experience keeping proper distance from Ecotones. • Understanding of machine ground pressures, root systems of trees and drip lines. Packet Page -2700- 12/11/2012 Item 16.A.33. Collier County Florida Insurance Requirements • CONTRACTOR shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida. as described in the attached Contract Insurance Requirements form. • The OWNER shall procure and maintain property insurance upon the entire Project, if required, to the full insurable value of the Project. The property insurance obtained by OWNER shall, at a minimum, insure against the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, flood, earthquake, debris removal and other perils or causes of loss as called for in the Contract Documents o OWNER and CONTRACTOR waive against each other and OWNER's separate 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. CONTRACTOR and OWNER shall, where appropriate, require similar waivers of subrogation from OWNER's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. o The OWNER shall be responsible for purchasing and maintaining, its own liability insurance. o CONTRACTOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in this document. Certificates must identify the specific Project name, as well as the site location and address (if any). o The General Liability Policy provided by CONTRACTOR to meet the requirements of this Agreement shall name Collier County Board of County Commissioners, Florida, as an additional insured as to the operations of CONTRACTOR under this Agreement and shall contain a severability of interests provisions. o Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE - -The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida o The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONTRACTOR has any self- insured Packet Page -2701- 12/11/2012 Item 16.A.33. retentions or deductibles under any of the below listed minimum required coverages, CONTRACTOR 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 Contractor's sole responsibility. o Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. o The CONTRACTOR and /or its insurance carrier shall provide thirty (30) days written notice to the OWNER of policy cancellation or non - renewal on the part of the insurance carrier or the CONTRACTOR. CONTRACTOR shall also notify OWNER, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONTRACTOR from its insurer and nothing contained herein shall relieve CONTRACTOR of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONTRACTOR hereunder, CONTRACTOR shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. o Should at any time the CONTRACTOR not maintain the insurance coverage's required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the CONTRACTOR for such coverage's purchased. If CONTRACTOR fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONTRACTOR under this Agreement or any other agreement between OWNER and CONTRACTOR. The OWNER 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 OWNER 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. o If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the CONTRACTOR shall furnish to the OWNER, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the CONTRACTOR to provide the OWNER with such renewal certificate(s) shall be considered justification for the OWNER to terminate the Agreement. Packet Page -2702- Co er County COLLIER COUNTY GOVERNMENT CONTRACT INSURANCE REQUIREMENTS 12/11/2012 Item 16.A.33. BIDDER'S AND INSURANCE AGENT STATEMENT: We understand the insurance requirements contained in these specifications, and that the evidence of said insurance may be required within five (5) business days of the award of bid. Bidder Insurance Agency Signature of Bidder Signature of Bidder's Agent 10 Packet Page -2703- TYPE LIMITS Check X Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government Statutory Limits and Requirements X Employer's Liability X $500,000 $1,000,000 Commercial General Liability $500,000 per occurrence X $1,000,000 per occurrence (Occurrence Form) bodily injury and property bodily injury and property patterned after the current damage damage ISO form with no limiting endorsements. Business Automobile X $500,000 per occurrence $1,000,000 per occurrence Insurance bodily injury and property bodily injury and property damage damage Pollution Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damage damage Builders Risk Insurance OWNER Will Purchase-Replacement Cost- All Risks of Loss INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor/Vendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor /Consultant or anyone employed or utilized by the Contractor/Vendor /Consultant in the performance of this Agreement. 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. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE - -The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other format will be acceptable. Thirty (30) Days Cancellation Notice required on Agreements. The contract name and number shall be included on the certificate of insurance. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability and /or Airport Liability where required. BIDDER'S AND INSURANCE AGENT STATEMENT: We understand the insurance requirements contained in these specifications, and that the evidence of said insurance may be required within five (5) business days of the award of bid. Bidder Insurance Agency Signature of Bidder Signature of Bidder's Agent 10 Packet Page -2703- 12/11/2012 Item 16.A.33. On occasion, Collier County requires mechanical nuisance abatement within environmentally sensitive preserve areas. Mechanical nuisance abatement in these instances will include, but not be limited to: mowing large stands of invasive, exotic species; mowing firebreaks and /or trails; and reducing understory prior to prescribed burns. Specifications of equipment to be used are attached. If contractor will not be using the RC -100 Posi -Track Rubber Track Loader equipped with a GyroTrac Toma -Ax 500HF High -Flow Cutter Head, contractor will need to provide specifications to any comparable machinery and contractor will be required to demonstrate the capabilities of the comparable machinery within a Collier County Preserve Area prior to being awarded the bid. Specifications for contractors providing vegetation clearing in Collier County Preserve Areas: • Ability to achieve optimal results with minimal amount of ground disturbance by utilizing low ground pressure equipment in an appropriate manner (avoid aggressive turns, use equipment only where specified, etc.). • Experience working in preserve areas where listed species occur. • Knowledge of natural areas. • Experience reading aerial maps of a site. • Knowledge of Florida plant species. • Knowledge of Florida wetland and upland ecosystems. • Knowledge of proper identification and protection of gopher tortoise burrows and Florida listed species. • Experience de- contaminating invasive, exotic spores, seeds, grasses from machinery. • Experience keeping proper distance from Ecotones. • Understanding of machine ground pressures, root systems of trees and drip lines. Bid items: Price per acre for clearing a driveable surface through dense cabbage palm forest (or comparable ecosystem) Price per acre for clearing a driveable surface through dense pine flatwoods (or comparable ecosystem) Price per acre for clearing a driveable surface through dense saw palmetto (or comparable ecosystem) Price per acre for re- mowing previously cleared trail or firelines Price per acre for understory reduction within dense cabbage palm forest (or comparable ecosystem) Price per acre for understory reduction within dense pine flatwoods (or comparable ecosystem) Price per acre for understory reduction within dense saw palmetto (or comparable ecosystem) Price per stump (ground flush with ground) - Packet Page -2704- t • Memorandum Date: March 2, 2011 12/11/2012 Item 16.A.33. Email: JackCurran @colliergov.net Telephone: (239) 252 -6098 FAX: (239) 252 -6596 ADDENDUM # 1 From: Jack Curran, Purchasing Strategist To: Interested Bidders Subject: Addendum #1 Solicitation # and Title ITB 11 -5646 — "Nuisance Abatement Service" The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: Delete: Vendors Pricing Sheet dated February 14, 2011. Replace with Revised Pricing Sheet dated March 2, 2011. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Melisa Henning, Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of firm) Addend umTemplate Revised: 4/15/10 1 Packet Page -2705- 12/11/2012 Item 16.A.33. Packet Page -2706- 12/11/2012 Item 16.A.33. r cm"ty Adminishative Services W—sion- Purchw ft November 27, 2012 Mr. Jeff Adair Environmental Restoration Consultants, Inc. 24671 Redfish' Street Bonita Springs, FL 34134 , Fax 9923-001 Emalt rercinc9kamcestnet Re: Extension of Contract # 11 -5646 'Nuisance Abatement Services" Dear Mr. Adair. The above contract will expire on December 14, 2012. . In order to maintain required eervice(s), we request an extension of your contrail for one (1) year as provided for in the Collier County Purchasing Policy. This extension +Will be valid through December 13, 2013 or unfit a new contract Is awarded, whichever Is . sooner. This extension Is contingent upon Board approval- If you are agreeable to extension of the referenced contract, please indicate ate your intentions by providing the appropriate information as requested below: y 1 am agreeable to exuding the present contract for the time period Indicated under the same terms and conditions as the existing contract. I am not agreeable to extension of this contract hK s*V DOOMP 3327 Tariff M TO East • NOW. Fbft 34112-W • www a vjWp#dzWng 12/11/2012 Item 16.A.33. Page 2 of 2 Re: Extension of Contract * 11 -5646 `IWilsance Abatement Services' . Your prompt attention is urgently requested. Please return this letter to the Purchasing Department, with your =response as soon as possible. You may fax your response to: 239-252 - 6M or small brendareaves0collWaM net If you have any questions You may Contact me at 239.252.SMO. Best regards, Marti 1 Interim Direcaor— Purchasing I ral Services. Acceptance: Environmental Restoration Consultants, Inc. Contractor/Vendor s - =eV..rt4je 4. A __// atrf "Wo-zJ Typed Name and Titie (Corporate Officer) Date: v i Packet Page -2710- 12/11/2012 Item 16.A.33. CO 7E:Y 4CO1414ty Administrative Services Division Purchasing November 27, 2012 Mr. Tracy Neal Neal's Lawn & Landscaping Maintenance, Inc. 363 Altamonte Avenue Fort Myers, FL 33905 Fax: Email: Re: Extension of Contract # 11 -5646 "Nuisance Abatement Services' Dear Mr. Neal: The above contract will expire on December 14, 2012. In order to maintain required service(s), we request an extension of your contract for one (1) year as provided for in the Collier County Purchasing Policy. This extension will be valid through December 13, 2013 or until a new contract is awarded, whichever is sooner. This extension is contingent upon Board approval.. If you are agreeable to extension of the referenced contract, please indicate your intentions by providing the appropriate information' as requested below: I am agreeable to extending the present contract for the time period indicated under the same terms and conditions as the existing contract. I am not agreeable to extension of this contract. Pudmng Depahvi • 3327 Tamiami Trail East •. Naples, Florida 341124901 - www.coll'iergov.neUpurchasing Packet Page -2711- 12/11/2012 Item 16.A.33. Page 2 of 2 Re: Extension of Contract # 11 -5646 "Nuisance Abatement Services" Your prompt attention is urgently requested. Please return this letter to the Purchasing Department, with your response as soon as possible. You may fax your response to: 239 -252- 6592 or email brendareaves(&-collieraov.net. If you have any questions you may contact me at 239.252.6020. Best regards, CjaA r iewicz Interim Director - Purchasing / General Services . Acceptance: Neal's Lawn & Landscaping Maintenance, Inc. Ci Type ame and Title (Corporate Officer) Date: )-2—/3 Packet Page -2712- 12/11/2012 Item 16.A.33. Co -1 County AdffinistraM SerAoes Division Purchasing November 27, 2012 Mr. Terry Walker, President Walker's Exotic Tree Eradication. 120 South Seas Court Marco Island, FL 34145 Fax: 970-0633 Email: summer660-comcast.net Re: Extension of Contract #11 -5646 "Nuisance Abatement Services" Dear Mr. Walker: The above contract will expire on December 14, 2012. in order to maintain required service(s), we request an extension of your contract for one (1) year as provided for in the Collier County° Purchasing Policy. This extension will be valid through December 13, 2013 or until a new contract is awarded, whichever is sooner. This extension is contingent upon Board approval. If you are agreeable to extension of the referenced contract, please indicate your intentions by providing the appropriate information as requested below: I am agreeable to extending the present contract for the time period indicated under the same terms and conditions as the existing contract. I am not agreeable to extension of this contract. FvdaskV *a" W- 3327 Tamorn Trail East - Napim Florida 341124901 • www.cciieng ,neUpurchawN Packet Page -2713- Page 2 of 2 . Re: Extension of Contract # 11 -5646 `Nuisance Abatement Services" Your prompt attention is urgently, requested. Please return this letter to the Purchasing Department, with your response as soon as possible. You may fax your response to: 239 -252- 6592 or email brendareavesb- coliietgov.net. If you have any questions you.may contact me at 239.252.6020. Best regards, IL (2. rne:MarkieWcz' ` 2=i1 L Interim Director Purchasing f General Services Acceptance: Walker's Exotic Tree Eradication Contractor/Vendor By: Signature 7era Typed Name and Title (Corporate Officer) Date: 111,3 v// '> Packet Page -2714-