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Agenda 03/22/2016 Item #11E 3/22/2016 11.E. EXECUTIVE SUMMARY Recommendation to award Request for Proposal 15-6508, Roadway Lighting Upgrade to LED Luminaires to Apollo Metro Solutions, Inc. and authorize the necessary budget amendment. (Project#60189) OBJECTIVE: To install LED luminaires in an effort to reduce energy and maintenance costs for roadway lighting on county arterial roadways. CONSIDERATIONS: The County currently expends approximately $575,000 on arterial roadway electrical costs each year for County maintained arterial roadway lighting. As the arterial roadway system expands, roadway lights are added and subsequently electrical costs increase. LED luminaires are much more efficient than the current high pressure sodium or metal halide luminaires now in service. In a previous pilot study performed by Traffic Operations staff, it was concluded that energy costs could be reduced by approximately 60% when using the LED luminaire technology. Additionally, the LED lamp is warranted for approximately twenty years and one of the major components of the LED luminaire, the driver, is warranted for approximately ten years which will help to reduce long term maintenance costs. These reductions in energy and maintenance costs will allow the county to continue to upgrade and expand arterial roadway lighting to provide safer and more efficient lighting for the county roadways. County staff identified a number of criteria to consider including the LED luminaires, warranties of both the lamp and the driver components, ease of installation, the light aesthetics (including color and light spread), supplier experience, price and price recovery (or return on investment). Once criteria were identified, it became readily apparent that the overall best procurement tool was a Request for Proposal (RFP) so as to consider the County's multiple priorities and criteria. The criteria included: • Qualifications and Experience(20 of 100 points) • Specialized Expertise, Warranty and Return on Investment(30 of 100 points) • Cost(20 of 100 points) • Company Fiscal Stability(10 of 100 points) • References (10 of 100 points) • Local Vendor Preference(10 of 100 points) Included in the RFP was a statement that the County historically spent $80,000 on an annual basis for similar projects, however, if the County saw significant cost savings as a result of the test, and the awarded contractor's subsequent installations, the County may add additional roadway lights pending future budget approval,thus standardizing on the LED lamp and driver. The Procurement Services staff posted RFP 15-6508, Roadway Lighting Upgrade to LED Luminaires on July 31, 2015. One thousand four hundred and eight (1,408) vendors were notified via email, and ninety-three (93) RFP packets were subsequently downloaded. The county received seven(7)Proposals by the September 1, 2015,requested response date. Packet Page-276- 3/22/2016 11 .E. The proposals were ranked by the selection committee during the October 6, 2015, meeting scoring from the highest to lowest. The results were: 1. Apollo Metro Solutions 2. STSC Enterprise Solutions (STSC-ES) 3. IBA LED 4. HD Supply 5. GNP Energy 6. Granger(non-responsive) 7. Northeast Light(non-responsive) As described in the solicitation, the County reserved the right to conduct testing on the LED proposed products, and consequently, requested that the top two (2) ranked proposers provide their products to staff for further evaluation. The LED luminaire samples of each product were then installed on Rattlesnake Hammock Road and subsequently installed along the southbound lanes of Santa Barbara Boulevard, from south of Radio road to the Calusa Park Elementary School entrance, for staff's photometric testing and for conducting visual evaluations by the selection committee. On December 15, 2015, the selection committee held a second meeting to discuss the photometric test results, visual evaluations, and reach consensus on which luminaire would meet the established criteria on the LED luminaire that produced the best overall lighting results with the shortest payback in costs, using electrical costs and the cost of the fixture itself as a basis for comparison. By consensus, the selection committee ranked and recommended that negotiations commence with the vendor with the highest score, Apollo Metro Solutions, Inc., for the purpose of supplying LED luminaires, replacement parts, and necessary accessories for this upgrade project. Staff conducted contract negotiations with Apollo Metro Solutions, Inc., and were able to negotiate additional terms, including: • An additional reduction of$18.29 (or 3%) per fixture off the RFP proposal (for the first 125 fixtures); • A tiered price offer based on purchase volume which includes the following: o For 125 or less: $591.70 per fixture, o From 126—874: $549 per fixture, o From 875 — 1,000: $485 per fixture, and, o Over 1,000: $475 per fixture. • Pricing (per fixture) is fixed for the term of the contract and any subsequent renewal options. Apollo Metro Solution's fixture is assembled in Collier County, and may have a significant impact on the local economy. The purchases will be executed through the county's standard purchase order procedures. Packet Page -277- 3/22/2016 11 .E. The requested budget amendment will fund an initial replacement of approximately 125 lights. The estimated cost to replace all 5,000 roadway lights is between three and four million dollars. Staff will be reviewing budget priorities with the goal of allocating the incremental funding necessary to accelerate the replacement program and realize the significant operational savings going forward. Additionally, staff will be coordinating a countywide assessment of lighting standards for "Dark Sky" compliance along with a review for standardization, and efficiency improvements in consultation with the development community, FDOT, FPL, and LCEC. FISCAL IMPACT: A budget amendment is required to fund this initiative; an initial amount of $80,000 will be available in the Traffic Operations LED Replacement Program: Roadway Lighting project#60189. Source of funds is Gas Tax. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT GROWTH MANAGEMENT IMPACT: This project meets the current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATION: To approve the award of Request for Proposal 15-6508, "Roadway Lighting Upgrade to LED Luminaires," to Apollo Metro Solutions, Inc. and authorize the necessary budget amendment. Prepared by: John W. Miller, Project Manager, Traffic Operations Division, Growth Management Department Attachment(s): 1. RFP 15-6508 2. Final Selection Committee Ranking Sheet from the December 15,2015 meeting; 3. Price Schedule Packet Page -278- 3/22/2016 11 .E. COLLIER COUNTY Board of County Commissioners Item Number: 11.11.E. Item Summary: Recommendation to award Request for Proposal 15-6508, Roadway Lighting Upgrade to LED Luminaires to Apollo Metro Solutions, Inc. and authorize the necessary budget amendment. (Project#60189) Meeting Date: 3/22/2016 Prepared By Name: MillerJohn Title: Project Manager,Transportation Engineering&Construction Management 1/19/2016 3:42:58 PM Submitted by Title: Project Manager, Transportation Engineering&Construction Management Name: MillerJohn 1/19/2016 3:42:59 PM Approved By Name: BathonDale Title: Project Manager,Principal,Transportation Engineering&Construction Management Date: 1/20/2016 6:34:17 AM Name: TaylorLisa Title: Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal Date: 1/20/2016 1:14:12 PM Name: KhawajaAnthony Title: Chief Engineer-Traffic Operations,Traffic Operations Date: 1/26/2016 10:59:20 AM Name: AhmadJay Title: Division Director-Transportation Eng, Transportation Engineering&Construction Management Date: 1/28/2016 8:22:15 AM Packet Page -279- 3/22/2016 11 .E. Name: MarkiewiczJoanne Title:Division Director-Procurement Services,Procurement Services Date: 2/1/2016 8:41:16 AM Name: HerreraSandra Title:Manager-Procurement,Procurement Services Date: 2/1/2016 1:49:27 PM Name: JohnsonScott Title: Manager-Procurement,Procurement Services Date: 2/1/2016 4:31:09 PM Name: LynchDiane Title: Supervisor-Operations,Road Maintenance Date: 2/2/2016 3:22:56 PM Name: ShueGene Title:Division Director-Operations Support,Growth Management Department Date:2/3/2016 9:25:04 AM Name: ShueGene Title: Division Director-Operations Support,Growth Management Department Date:2/3/2016 9:25:33 AM Name: KearnsAllison Title:Manager-Financial&Operational Sprt, Capital Construction&Maintenance Budget/Fiscal Date: 2/3/2016 2:02:37 PM Name: CrouchJason Title: Procurement Specialist,Procurement Services Date: 2/4/2016 9:32:38 AM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 2/8/2016 8:38:11 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Administration Date:2/8/2016 2:19:15 PM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 2/9/2016 4:25:55 PM Packet Page -280- 3/22/2016 11 .E. Name: KlatzkowJeff Title: County Attorney, Date: 2/10/2016 1:43:43 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 3/14/2016 4:14:25 PM { ii iI1 Packet Page -281- 3/22/2016 11 .E. REQUEST FOR PROPOSAL Co Pier County Administrative Serrices department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 15-6508 Roadway Lighting Upgrade to LED Luminaires Jason Crouch, Procurement Strategist 239-252-8949 (Telephone) 239-252-6594 (Fax) jasoncrouch @colliergov.net(Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. i jJ,+ ' u PrxurerrertServres Drown•3327 Tamiam Trait cazi•Nape,Fier da 31112.4901•23457 W••w w.wgrerpov.neiprnrurementservices Packet Page -282- 3/22/2016 11 .E. Table of Contents LEGAL NOTICE 3 EXHIBIT I:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 REFERENCE QUESTIONNAIRE 14 EXHIBIT II:GENERAL RFP INSTRUCTIONS 16 EXHIBIT III:COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 19 EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 23 ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 32 ATTACHMENT 2:VENDOR CHECK LIST 33 ATTACHMENT 3:CONFLICT OF INTEREST AFFIDAVIT 34 ATTACHMENT 4:VENDOR DECLARATION STATEMENT 35 ATTACHMENT 5:AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 37 ATTACHMENT 6:IMMIGRATION AFFIDAVIT CERTIFICATION 38 ATTACHMENT 7:VENDOR SUBSTITUTE W—9 10 ATTACHMENT 8:INSURANCE AND BONDING REQUIREMENTS 40 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 2 Packet Page -283- 3/22/2016 11.E. Collier County Administrative Services Department Procurement Semites Division Legal Notice Sealed Proposals to provide Roadway Lighting Upgrade to LED Luminaries will be received until 3 PM Naples local time, on September 1, 2015 at the Collier County Government, Purchasing Division Building, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation: # 15-6508 Roadway Lighting Upgrade to LED Luminaries Services to be provided may include, but not be limited to the following: Supplying LED luminaires, for LED roadway lighting and ancillary components (if desired by the County), as detailed in the Specifications sheet, Price Proposal Excel sheet, and RFP Solicitation document, to Collier County. A Non-mandatory pre-proposal conference will be held on August 18, 2015, commencing promptly at 11 AM Naples Local Time, and will be held in the Procurement Division Conference Room, Collier County Government, Procurement Services Building, 3327 Tamiami Trail E, Naples, FL 34112. If this pre-proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Director, Procurement Services This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County Government Center on July 31, 2015. Y y°l Pw.ro ri S oe :krcis•rt•3327 Tamp iiv T7211 East•t1142,n Flv i.::zv 3617.2-4K i•dnnv :l1•r+j:,•2 m°;fPwchasiml '... 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 3 Packet Page -284- 3/22/2016 11 .E. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Traffic Engineering Division (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP")with the intent of obtaining proposals from interested and qualified Vendors in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated herein. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase Collier County is interested in converting existing roadway High Pressure Sodium Luminaries (HPS) to Light Emitting Diode(LED) Luminaires. Historically, County departments have spent approximately $80,000.00 on projects similar in nature and scope. Should the County see significant savings as outlined in the solicitation and expected as a result of the awarded proposal, additional purchases to broaden the scope of the project may be made in subsequent years, pending Board approval. Background Traffic Operations has been conducting an LED Program to determine the overall value to the County to convert from High Pressure Sodium (HPS) to Light Emitting Diode (LED) for the past year. During this time it has been proven that an energy cost savings of 62.4% can be realized with LED Luminaries along with a potential cost savings in maintenance of approximately 40%. Detailed Scope of Work The requirements of the purchase will be the initial delivery of 125 LED Luminaries that will interface with the Collier County Fiber Optic Network System per the attached specifications. The number of future order quantities may change at the County's discretion in subsequent years of the active contract. These LED Luminaries will replace existing conventional 480 volt 400 watt High Pressure Sodium (HPS) Luminaries that are currently in service. The HPS Luminaries will be replaced with LED Luminaries during normal Collier County work days by Collier County personnel as time permits. The LEDs must be compatible with existing 480 volt roadway lighting electrical circuits and operate in conjunction with the existing 400 watt HPS Luminaries during normal night time operating conditions for the extended transition period between HPS and LED. The technical specifications for the Luminaries are: 1. LED Luminaire Specifications shall meet or exceed the following requirements: 1. Housing: Aluminum 2. Light Emitting Diodes: 5000 Kelvin at 130 lumens per watt and 70 CRI rating or better 3. Standard Voltage Range: 240 to 480 with system power factor>90% and THD < 20% 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 4 Packet Page -285- 3/22/2016 11 .E. 4. Surge Suppression per ANSI C62.41.2 10 kV/10 kA 5. Field adjustable and dimmable from 20 Watts thru160 Watts 6. The LED circuitry shall prevent perceptible flicker to the unaided eye over the voltage range specified above 7. The Luminaire shall be suitable for wet locations and comply with environmental protection class IP66 or better 8. Meet or exceed LM-79 Electrical and Photometric Measurements of Solid-State Lighting Products 9. Meet or exceed LM-80 lumen maintenance projected to be greater than 100,000 operating hours 10. The Luminaire shall clamp to mast diameters of 1 to 2 inches nominal iron pipe size 11. Adjustable mounting arm with a minimum of 5 degrees plus or minus for leveling adjustment NOTE: It is the intention of Collier County Traffic Operations to reduce the circuit voltage from 480 VAC to 240 VAC after all existing 400 watt HPS Luminaires have been replaced by the proposed LED Luminaires. This decrease in circuit operating voltage will provide a safer environment for county maintenance employees and others who may perform underground construction work. Voltage reduction work will be performed by FPL at the lighting circuit transformer at a later time. 2. Driver Specifications shall meet or exceed the following requirements: 1. AC input 180-528V 2. Built in PFC Function 3. >= 91% efficiency 4. Protections: Short circuit/Over current/Over voltage/Over Temp 5. Industrial grade components with the ability to operate at temperatures up to 85C 6. Driver shall be IP67 rated and meet 4kV surge immunity level (IEC61000-4-5) 7. Built in active PFC, PF>0.9 for 60% of load or higher 8. Control input 1-10V/PWM 9. Complies with UL8750 10. EMC emissions comply with FCC part15 B 11. Provide a 100%Warranty of MTBF of 100,000 operating hours according to MIL-HDBK- 217F (25C°) NOTE: The proposer shall provide a time frame that indicates the payback period for the proposed LED Luminaires according to electrical energy savings based on the comparison of the existing 400 watt HPS Luminaires per Florida Power & Light Company rates for Collier County. The Vendor shall warranty the LED luminaires, internal and external parts, components, mechanisms, mounting hardware and related goods for the minimum expected luminaire lifetime as reported in Tab 3, #2 herein. The County reserves the right to require more quantities as necessary in the initial and subsequent years of this Agreement. Currently, the County has over 5,000 High Pressure Sodium fixtures installed on County roadways. The awarded Vendor will be responsible to supply the County with all required LED luminaires and ancillary components, including but not limited to the Pricing Schedule, LED Specifications, and Solicitation documents incorporated herein. 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 5 Packet Page-286- 3/22/2016 11 .E. The County reserves the right to require four(4) sample luminaire products per vendor, as necessary, to conduct a product quality test to determine #1: Wattage, and #2 photometrics, in the event the '^ County cannot verify this information through submitted data sheets, or so determines that testing is in the best interest of the County. Term of Contract The contract term, if an award(s) is/are made is intended to be for one (1) year, with three (3) additional one (1) year renewal options, upon written agreement by both parties. No automatic renewals are offered by Collier County. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Procurement Services Director. Price adjustments are dependent upon the consumer price index (CPI) where applicable over the past twelve (12) months, and not to exceed more than three (3%) percent per year, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, any such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projec ted timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. n Event Date Issue Solicitation Notice July 31, 2015 Last Date for Receipt of Written Questions August 21, 2015 at 5 PM, Naples Local Time Non-mandatory Pre-proposal meeting August 18, 2015 at 11 AM Naples Local Time and Locations Solicitation Deadline Date and Time September 1, 2015 at 3 PM, Naples Local Time Anticipated Evaluation of Submittals September 2- September 24, 2015 Vendor Presentations TBD Anticipated Board of County Commissioner's Contract October 2015 Approval Date Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 6 Packet Page -287- 3/22/2016 11 .E. agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. 1. Tab I, Cover Letter I Management Summary (No.points) In this tab, include: • A cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. • Name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. • Any proposed subcontractors who will participate on the team. • Manufacturer of LED luminaire product data sheet. • Model number of LED luminaire. • Input Voltage: V- V, 60Hz • Amps: A, Watts, VA @350mA • Amps: A, Watts, VA @530mA • Amps: A, Watts, VA @700mA • Driver manufacturer specifications sheet. 2. Tab I!, Qualifications and Experience (20 points) Provide information that documents the firm's qualifications and experience to produce the required deliverables in the format requested. Vendors who do not turn in the materials as requested will be pre-scored as zero (0). 1. Number of years that the firm, or its principals, has been in business with a particular emphasis in LED luminaire equipment projects similar to the County's specification. (number of years) 2. Number of similar state, local, or federal government LED luminaire equipment project contracts that the (number of similar 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 7 Packet Page -288- 3/22/2016 11 .E. company has serviced from 1/1/10 — 12/31/14 (5 years). programs/projects) • Provide evidence of at least two (2) state, local, or federal government contracts. 3. Number of projects identified in item #2 that have demonstrable energy cost savings of fifty(50%) percent or more. • Provide at least two examples of contracts that has (number of projects) produced demonstrable savings of at least fifty (50%). 4. Is your luminaire installed with a wireless control system? If yes, enter five (5) points and provide evidence supporting. If no, enter zero (0) points. 5. Does your luminaire work with any known wireless control system (a.k.a. ELMS)? If yes, enter five (5) points and provide evidence supporting. If no, enter zero (0) points. TOTAL (Add 1+2+3+4+5) to determine Qualifications and Experience (TOTAL) , In addition, provide the following information about the firm that will not be included in ,•-. the pre-scoring, but will be considered by the Selection Committee in their final scores. • Provide a statement addressing why the firm believes it is the best qualified to perform the work. • Provide a list of government and private clients the firm has currently under contract for a similar scope of service. • Provide any additional information that may describe the vendor's experience in providing the scope of service. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Vendor's information provided in this area: • The County will total each of the Vendor's responses within this tab and create a ranking from highest number of points to lowest number of points. Responses marked with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not turn in the materials as requested will be pre-scored as zero (0). • The greatest number of points allowed in this criterion will be awarded to the Vendor who has the highest score. • The next highest Vendor's number of points will be divided by the highest Vendor's points which will then be multiplied by criteria points to determine the Vendor's points awarded. Each subsequent Vendor's point score will be calculated in the same manner. • Points awarded will be extended to a whole number(per Microsoft Excel). 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 8 Packet Page -289- 3/22/2016 11 .E. For illustrative purposes only, see chart for an example of how these points would be distributed among the six proposers. Vendor Total Vendor Name Qualification and Points Awarded Experience Score Vendor ABC 445 20 Vendor DEF 435 20 Vendor GI-II 425 19 Vendor JKL 385 17 Vendor MNO 385 17 Vendor PQR 250 11 The points awarded by Vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Vendor. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 3. Tab Ill, Specialized Expertise, Warranty, and Return (30 points) Provide information that documents your firm's specialized expertise of its team members to produce the required deliverables. Vendors who do not turn in the materials as requested will be pre-scored as zero (0). 1. Number of years experience that the firm's proposed contact for Collier County has been engaged in similar scopes of service as identified in this Request for Proposal. • Provide resume of the firm's intended Collier County (number of years) contact. 2. Provide the expected lifetime burning hours of warranty per LED luminaire. (number of expected lifetime hours) 3. Total number of Roadway LED luminaire units the firm has sold in this past twelve (12) months (7/1/2014- 6/30/2015). (number of luminaire units sold) 4. Provide an estimate of the annualized cost saving dollars of installing one (1) Light Emitting Diode (LED) unit to the proposed fixture, replacing one (1) existing (estimated cost High Pressure Sodium (HPS) unit, based on 5,000 hours of burn time per year. savings per bulb) 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 9 Packet Page -290- 3/22/2016 11 .E. 5. Identify the estimated total dollar amount for Return on $ Investment, based on purchase of 125 LED luminaires (estimated dollar and ancillary components. amount for ROI) TOTAL (Add 1 + 2 + 3 +4+ 5)to determine Specialized Experience, Warranty, and Return (TOTAL) Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Vendor's information provided in this area: • The County will total each of the Vendor's responses within this tab and create a ranking from highest number of points to lowest number of points. Responses marked with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not turn in the materials as requested will be pre-scored as zero (0). • The greatest number of points allowed in this criterion will be awarded to the Vendor who has the highest score. • The next highest Vendor's number of points will be divided by the highest Vendor's points which will then be multiplied by criteria points to determine the Vendor's points awarded. Each subsequent Vendor's point score will be calculated in the same manner. • Points awarded will be extended to a whole number(per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the six proposers. Vendor Name Vendor Total Score Points Awarded Vendor ABC 445 30 Vendor DEF 435 29 Vendor GHI 425 29 Vendor JKL 385 26 Vendor MNO 385 26 Vendor PQR 250 17 The points awarded by Vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Vendor. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 4. Tab IV, Cost to the County(20 points) Provide information that documents your firm's proposed cost of services to produce the required deliverables identified in this solicitation. Vendors who do not turn in the materials as requested will be pre-scored as zero (0). 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 10 Packet Page -291- 3/22/2016 11.E. 1. Identify the per item cost for the goods/services outlined in the solicitation document for 125 LED Luminaries and burning hours lifetime warranty as identified in response to Tab III, #2. Cost should be inclusive and $ shall be full compensation for all goods, services, freight, (per item cost) shipping, handling, delivery, warranties, software and software upgrades for the full contract term, including exercise of optional renewals periods. 2. Identify the number of months until Return on Investment is realized on initial cost allocation based on purchase of 125 LED luminaires and ancillary components. (number years for ROI) TOTAL (Add 1 + 2) to determine Cost to the County $ (TOTAL) Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall create a ranking from proposer's lowest dollar to highest dollar. Proposers who do not turn in responses in this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the proposer who has the lowest dollar. • The highest proposer's number of dollars will be divided by the next highest proposer's dollars which will then be multiplied by criteria points to determine the proposers points awarded. Each subsequent proposer's point score will be calculated in the same manner. • Points awarded will be extended to the first whole number(per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Vendor Name Vendor Total Cost Points Awarded Vendor ABC 125 20 Vendor DEF 132 19 Vendor GI-II 132 19 VendorJKL 156 16 Vendor MNO 204 12 Vendor PQR 252 5 The points awarded by Vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Vendor. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 5. Tab V, Fiscal Stability (10 points) 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 11 Packet Page -292- 3/22/2016 11.E. Provide information that documents your firm's stability to produce the required deliverables identified in this solicitation. Vendors who do not turn in the materials as requested will be pre- scored as zero (0). Index Fiscal Stability Questions Response 1. Indicate the number of times the proposer or their principals have filed for: bankruptcy, business related claims, arbitrations, administrative hearings, and lawsuits that are pending or were filed during the past five years (number) (January 1, 2011- December 31, 2015). • Provide a description (including but not limited to those claims, arbitrations, administrative hearings and lawsuits that allege negligence, error, or omission, default, termination, suspension, failure to perform, or improper performance contract or legal duty.) 2. Provide the average number of days the firm pays its accounts payable transactions. (average number of days) TOTAL (Add items 1+2) to determine the proposer's Fiscal Stability The proposer may supplement information regarding this criterion; however, the County will use the following methodology to score proposals. • An Experian "Premier Profile Credit Report" Shall Accompany Proposal Submittal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total the proposer's Fiscal Stability and create a ranking from lowest total to highest total. Proposers who do not turn in responses in this format will not receive any points for this section. • The greatest number of points allowed in this criterion will be awarded to the proposer who has the lowest score. • The highest proposer's number of points will be divided by the next highest proposer's points which will then be multiplied by criteria points to determine the proposers points awarded. Each subsequent proposer's point score will be calculated in the same manner. • Points awarded will be extended to the first decimal point (per Microsoft Excel). 6. Tab VI, References (10 points) In order for the Vendor to be awarded any points for this tab, the County requests that the Vendor submits three (3) completed reference forms from clients whose projects are of a 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 12 Packet Page -293- 3/22/2016 11 .E. similar nature to this solicitation as a part of their proposal on the reference form below. The County will only use the methodology calculations for the first three (3) references (only) submitted by the Vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Vendor's information provided in this area: • The County will total each of the Vendor's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the Vendor who has the highest score. • The next highest Vendor's number of points will be divided by the highest Vendor's points which will then be multiplied by criteria points to determine the Vendor's points awarded. Each subsequent Vendor's point score will be calculated in the same manner. • Points awarded will be extended to a whole number(per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Vendor Total Reference Vendor Name Points Awarded Score Vendor ABC , 445 10 Vendor DEF 435 10 Vendor GI-II 425 9 Vendor JKL 385 8 Vendor MNO 385 8 Vendor PQR 250 6 The points awarded by Vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Vendor. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. At such a time, the results of any product quality testing conducted by the County may be presented in such a manner as to assist the County in procuring the best value procurement for this particular project. 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 13 Packet Page -294- 3/22/2016 11.E. Cattier County Administrative Services Department Procurement Services Divsion Reference Questionnaire Solicitation: 15-6508 Roadway Lighting Upgrade to LED Luminaires Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would �^ never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Contract Description: Start Date: Contract Annual Budget: End Date: Item Crteria, Score 1 Ability to manage the contract costs(minimize change orders to scope). 2 Ability to maintain contract lobby schedule(complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the contract. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected contract circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future(customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 14 Packet Page -295- 3/22/2016 11 .E. 7. Tab VII, Required Form Submittals In this tab, include: • Attachment 2: Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement • Attachment 5: Affidavit for Claiming Status as a Local Business • Attachment 6: Immigration Affidavit Certification • Attachment 7: Vendor Substitute W-9 • Attachment 8: Insurance and Bonding Requirements • Attachment 9: Experian "Premier Profile" Credit Report • Attachment 10: LED DOE Luminaire Lighting "Qualified Testing Results" 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 15 Packet Page -296- 3/22/2016 11 .E. Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre- proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 3 PM, Naples local time, on or before September 1, 2015 to: Collier County Government Procurement Services Division 3327 Tamiami Trail E Naples FL 34112 Attn:Jason Crouch, Procurement Strategist 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 16 Packet Page -297- 3/22/2016 11.E. The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the Procurement Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one (1) paper copy clearly labeled "Master," and six (6) disks or flash drives (CD's/DVD's) with one copy of the proposal on each disk or flash drive in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty(180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals The County's procedure for selecting is as follows: 1. The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Strategist shall publicly post prior notice of such meeting in the lobby of the Purchasing Building. 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3)working days prior to the meeting. The Procurement Strategist will also post prior notice of all subsequent 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 17 Packet Page -298- 3/22/2016 11 .E. committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab II, Qualifications and Experience 20 Tab III, Specialized Expertise, Warranty, and Return 30 Tab IV, Cost to the County 20 Tab V, Fiscal Stability 10 Tab VI, References 10 Local Vendor Preference 10 TOTAL 100 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial system)within the last five (5) years will receive the higher individual ranking. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 18 Packet Page -299- 3/22/2016 11 .E. Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer and to comply with all carrier This offer is subject to cancellation by the regulations. Risk of loss of any goods COUNTY without notice if not accepted by sold hereunder shall transfer to the VENDOR within fourteen (14) days of COUNTY at the time and place of issuance. delivery; provided that risk of loss prior to actual receipt of the goods by the 2. Acceptance and Confirmation COUNTY nonetheless remain with This Purchase Order (including all VENDOR. documents attached to or referenced b) No charges will be paid by the COUNTY therein) constitutes the entire agreement for packing, crating or cartage unless between the parties, unless otherwise otherwise specifically stated in this specifically noted by the COUNTY on the Purchase Order. Unless otherwise face of this Purchase Order. Each delivery provided in Purchase Order, no invoices of goods and/or services received by the shall be issued nor payments made COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and be upon the terms and conditions contained other charges are itemized, any in this Purchase Order. discount will be taken on the full amount of invoice. No additional terms may be added and c) All shipments of goods scheduled on the Purchase Order may not be changed except same day via the same route must be by written instrument executed by the consolidated. Each shipping container COUNTY. VENDOR is deemed to be on must be consecutively numbered and notice that the COUNTY objects to any marked to show this Purchase Order additional or different terms and conditions number. The container and Purchase contained in any acknowledgment, invoice Order numbers must be indicated on bill or other communication from VENDOR, of lading. Packing slips must show notwithstanding the COUNTY'S acceptance Purchase Order number and must be or payment for any delivery of goods and/or included on each package of less than services, or any similar act by VENDOR. container load (LCL) shipments and/or with each car load of equipment. The 3. Inspection COUNTY reserves the right to refuse or All goods and/or services delivered return any shipment or equipment at hereunder shall be received subject to the VENDOR'S expense that is not marked COUNTY'S inspection and approval and with Purchase Order numbers. payment therefore shall not constitute VENDOR agrees to declare to the acceptance. All payments are subject to carrier the value of any shipment made adjustment for shortage or rejection. All under this Purchase Order and the full defective or nonconforming goods will be invoice value of such shipment. returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase at VENDOR'S expense. Order number and any other specific information as identified on the To the extent that a purchase order requires Purchase Order. Discounts of prompt a series of performances by VENDOR, the payment will be computed from the date COUNTY prospectively reserves the right to of receipt of goods or from date of cancel the entire remainder of the Purchase receipt of invoices, whichever is later. Order if goods and/or services provided Payment will be made upon receipt of a early in the term of the Purchase Order are proper invoice and in compliance with non-conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise COUNTY. known as the "Local Government 4. Shipping and Invoices Prompt Payment Act," and, pursuant to a) All goods are FOB destination and must the Board of County Commissioners be suitably packed and prepared to Purchasing Policy. secure the lowest transportation rates 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 19 Packet Page -300- 3/22/2016 11 .E. 5. Time Is Of the Essence and transportation shall conform to all Time for delivery of goods or performance of applicable laws, including but not limited to services under this Purchase Order is of the the Occupational Health and Safety Act, the essence. Failure of VENDOR to meet Federal Transportation Act and the Fair delivery schedules or deliver within a Labor Standards Act, as well as any law or reasonable time, as interpreted by the regulation noted on the face of the Purchase COUNTY in its sole judgment, shall entitle Order. the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to 9. Advertising reimburse the COUNTY for any expenses No VENDOR providing goods and services incurred in enforcing its rights. VENDOR to the COUNTY shall advertise the fact that further agrees that undiscovered delivery of it has contracted with the COUNTY for nonconforming goods and/or services is not goods and/or services, or appropriate or a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other upon further compliance with all identifying marks or property without the specifications. prior written consent of the COUNTY'S Purchasing Department. 6. Changes The COUNTY may at any time and by written notice make changes to drawings 10. Indemnification and specifications, shipping instructions, VENDOR shall indemnify and hold harmless quantities and delivery schedules within the the COUNTY from any and all claims, general scope of this Purchase Order. including claims of negligence, costs and Should any such change increase or expenses, including but not limited to decrease the cost of, or the time required for attorneys' fees, arising from, caused by or performance of the Purchase Order, an related to the injury or death of any person equitable adjustment in the price and/or (including but not limited to employees and delivery schedule will be negotiated by the agents of VENDOR in the performance of COUNTY and VENDOR. Notwithstanding their duties or otherwise), or damage to the foregoing, VENDOR has an affirmative property (including property of the COUNTY obligation to give notice if the changes will or other persons), which arise out of or are decrease costs. Any claims for adjustment incident to the goods and/or services to be by VENDOR must be made within thirty(30) provided hereunder. days from the date the change is ordered or within such additional period of time as may 11. Warranty of Non-Infringement be agreed upon by the parties. VENDOR represents and warrants that all goods sold or services performed under this 7. Warranties Purchase Order are: a) in compliance with VENDOR expressly warrants that the goods applicable laws; b) do not infringe any and/or services covered by this Purchase patent, trademark, copyright or trade secret; Order will conform to the specifications, and c)do not constitute unfair competition. drawings, samples or other descriptions furnished or specified by the COUNTY, and VENDOR shall indemnify and hold harmless will be of satisfactory material and quality the COUNTY from and against any and all production, free from defects and sufficient claims, including claims of negligence, costs for the purpose intended. Goods shall be and expense, including but not limited to delivered free from any security interest or attorneys' fees, which arise from any claim, other lien, encumbrance or claim of any third suit or proceeding alleging that the party. These warranties shall survive COUNTY'S use of the goods and/or inspection, acceptance, passage of title and services provided under this Purchase Order payment by the COUNTY. are inconsistent with VENDOR'S representations and warranties in section 11 8. Statutory Conformity (a). Goods and services provided pursuant to this Purchase Order, and their production 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 20 Packet Page -301- 3/22/2016 11 .E. If any claim which arises from VENDOR'S beyond their control, including, but without breach of section 11 (a) has occurred, or is limitation to war, strikes, civil disturbances likely to occur, VENDOR may, at the and acts of nature. When VENDOR has COUNTY'S option, procure for the COUNTY knowledge of any actual or potential force the right to continue using the goods or majeure or other conditions which will delay services, or replace or modify the goods or or threatens to delay timely performance of services so that they become non-infringing, this Purchase Order, VENDOR shall (without any material degradation in immediately give notice thereof, including all performance, quality, functionality or relevant information with respects to what additional cost to the COUNTY). steps VENDOR is taking to complete delivery of the goods and/or services to the 12. Insurance Requirements COUNTY. The VENDOR, at its sole expense, shall provide commercial insurance of such type 15. Assignment and with such terms and limits as may be VENDOR may not assign this Purchase reasonably associated with the Purchase Order, nor any money due or to become due Order. Providing and maintaining adequate without the prior written consent of the insurance coverage is a material obligation COUNTY. Any assignment made without of the VENDOR. All insurance policies shall such consent shall be deemed void. be executed through insurers authorized or eligible to write policies in the State of 16. Taxes Florida. Goods and services procured subject to this Purchase Order are exempt from Florida 13. Compliance with Laws sales and use tax on real property, transient In fulfilling the terms of this Purchase Order, rental property rented, tangible personal VENDOR agrees that it will comply with all purchased or rented, or services purchased federal, state, and local laws, rules, codes, (Florida Statutes, Chapter 212), and from and ordinances that are applicable to the federal excise tax. conduct of its business. By way of non- exhaustive example, this shall include the 17. Annual Appropriations American with Disabilities Act and all The COUNTY'S performance and obligation prohibitions against discrimination on the to pay under this Purchase Order shall be basis of race, religion, sex creed, national contingent upon an annual appropriation of origin, handicap, marital status, or veterans' funds. status. Further, VENDOR acknowledges and without exception or stipulation shall be 18. Termination fully responsible for complying with the This Purchase Order may be terminated at provisions of the Immigration Reform and any time by the COUNTY upon 30 days Control Act of 1986 as located at 8 U.S.C. prior written notice to the VENDOR. This 1324, et seq. and regulations relating Purchase Order may be terminated thereto, as either may be amended. Failure immediately by the COUNTY for breach by by the awarded firm(s) to comply with the VENDOR of the terms and conditions of this laws referenced herein shall constitute a Purchase Order, provided that COUNTY has breach of the award agreement and the provided VENDOR with notice of such County shall have the discretion to breach and VENDOR has failed to cure unilaterally terminate said agreement within 10 days of receipt of such notice. immediately. Any breach of this provision may be regarded by the COUNTY as a 19. General material and substantial breach of the a) This Purchase Order shall be governed contract arising from this Purchase Order. by the laws of the State of Florida. The venue for any action brought to 14. Force Majeure specifically enforce any of the terms and Neither the COUNTY nor VENDOR shall be conditions of this Purchase Order shall responsible for any delay or failure in be the Twentieth Judicial Circuit in and performance resulting from any cause for Collier County, Florida 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 21 Packet Page -302- 3/22/2016 11 .E. b) Failure of the COUNTY to act associated with this Purchase Order in immediately in response to a breach of accordance with Florida Statute Chapter this Purchase Order by VENDOR shall 112.061, Per Diem and Travel not constitute a waiver of breach. Expenses for Public Officers, employees Waiver of the COUNTY by any default and authorized persons. by VENDOR hereunder shall not be e) In the event of any conflict between or deemed a waiver of any subsequent among the terms of any Contract default by VENDOR. Documents related to this Purchase c) All notices under this Purchase Order Order, the terms of the Contract shall be sent to the respective Documents shall take precedence over addresses on the face page by certified the terms of the Purchase Order. To the mail, return receipt requested, by extent any terms and /or conditions of overnight courier service, or by personal this Purchase Order duplicate or overlap delivery and will be deemed effective the Terms and Conditions of the upon receipt. Postage, delivery and Contract Documents, the provisions of other charges shall be paid by the the Terms and/or Conditions that are sender. A party may change its address most favorable to the County and/or for notice by written notice complying provide the greatest protection to the with the requirements of this section. County shall govern. d) The Vendor agrees to reimbursement of any travel expenses that may be 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 22 Packet Page -303- 3/22/2016 11 .E. Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO)forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four(24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 23 Packet Page -304- 3/22/2016 11.E. 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. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. 5. Vendor Performance Evaluation The 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 this Agreement. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 24 Packet Page -305- 3/22/2016 11 .E. contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. The County's project manager, shall coordinate with the Vendor/Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 7. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerkcollierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 25 Packet Page -306- 3/22/2016 11.E. 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. 8. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 26 Packet Page -307- 3/22/2016 11.E. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at(239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252- 2477. 10. Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 11. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 12. Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty(30) day written notice. The County shall be sole judge of non-performance. 13. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 14. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 27 Packet Page -308- 3/22/2016 11 .E. 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. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 17. Survivability ITBs/RFPs: The Consultant/ContractorNendor agrees that any Work Order/Purchase Order that extends beyond the expiration date of Solicitation 15-6508 Roadway Lighting Upgrade to LED Luminaires, resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order/Purchase Order. 18. Protest Procedures Any prospective vendor/ proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 19. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 28 Packet Page -309- 3/22/2016 11.E. CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 20. 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. 21. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 22. 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. 23. 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 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 29 Packet Page -310- 3/22/2016 11 .E. shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's /vendor's proposal may be deemed non-responsive. i^ Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 24. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non- permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Under this solicitation proposers desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any proposer who fails to submit sufficient documentation with their proposal offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. For all purchases of commodities and services procured through a competitive proposal process and not otherwise exempt from this local preference section, the solicitation shall include a weighted criterion for local preference that equals 10 percent of the total points in the evaluation 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 30 Packet Page -311- 1 3/22/2016 11 .E. criteria published in the solicitation. Purchases of professional services as defined and identified under subsection 11B.2 (which are subject to Section 287.055, F.S.) and subsection 11B.3 (which are subject to Section 11.45, F.S.) shall not be subject to this local preference section. The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude said Vendor from being considered for local preference under this solicitation. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. i-e 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 31 Packet Page -312- 3/22/2016 11 .E. Collier County Administrative Services Department Procurement Services[Division Attachment 1: Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to Solicitation 15-6508 Roadway Lighting Upgrade to LED Luminaires for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) Project is too small. f 1 insufficient time allowed for preparation of response. Incorrect address used. Please correct mailing address: fl Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 32 Packet Page -313- 3/22/2016 11 .E. Co ter ca>4nty Admin st;aike Serve s f}epaRment Procurement.Se acs Dimston Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Procurement Services Division 3327 Tamiami Trail E Naples FL 34112 Attn: Jason Crouch, Procurement Strategist The mailing envelope must be sealed and marked with Solicitation 15-6508 Roadway Lighting upgrade to LED Luminaires and received by September 1, 2015 at 3 PM Naples Local Time. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) n If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded. ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 33 Packet Page -314- 3/22/2016 11 .E. Gorier County Administrative Services Department Procurement Serooces Dn+ision Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity(financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this day of 20 by , who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 34 Packet Page -315- 3/22/2016 11 .E. • CoIier County Administrative Services Department Procurement Services D vision Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 15-6508 Roadway Lighting Upgrade to LED Luminaires Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by Solicitation: 15-6508 Roadway Lighting Upgrade to LED Luminaires. (Proposal Continued on Next Page) 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 35 Packet Page -316- 3/22/2016 11 .E. PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 2015 in the County of , in the State of Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number: Federal Tax Identification Number CCR# or CAGE Code Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State,ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 36 Packet Page-317- 3/22/2016 11 .E. Corer County Administrative Services Department Procurement Services Division Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: 15-6508 Roadway Lighting Upgrade to LED Luminaires (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business El Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. 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 El Collier County or❑ Lee (including Owner(s)or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Collier or Lee County Address: Signature: Title: STATE OF FLORIDA U COLLIER COUNTY I 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: n (AFFIX OFFICIAL SEAL) 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 37 Packet Page-318- 3/22/2016 11.E. Co [ier County Administrative Services Department Procurement Services Division Attachment 6: Immigration Affidavit Certification Solicitation: 15-6508 Roadway Lighting Upgrade to LED Luminaires This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's)and Request for Proposals (RFP)submittals. Further, Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/ Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20_, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 38 Packet Page -319- 3/22/2016 11 .E. Co der Coi tasty Administrative Services Department Procurement Services Division Attachment 7: Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) Individual/Sole Proprietor Corporation Partnership _Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number, 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 39 Packet Page -320- 3/22/2016 11 .E. PCC© er County Administrative Services Depdr U r tent Procurement Ser.'ices Division Attachment 8: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ❑ Employer's Liability $ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ❑ Automobile Liability $ 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 Harbor worker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage(Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Professional Liability $ per claim and in the aggregate Packet Page -321- 3/22/2016 11 .E. • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ❑ Thirty(30) Days Cancellation Notice required. Ljb 7/29/2015 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5)days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number 15-6508 Roadway Lighting Upgrade to LED Luminaires and Optional Wireless Control System 41 Packet Page -322- . . 3/22/2016 11 .E. C) 0 I 0 0 0 0 C ' a— cNi tz re 73" = ii „,,.......,, SO •,— N a- 0 a) N a) 115 LO a) < N 1°.. a— N 'CS ccs C = 0 o• E a) a) I .0 CI) a- N C C Li.... C 'CI RS w Ce r- m .— o LL ..c ..- co CO a) I — al 0 c6 ..Y 0 CD 4-, ao' ---• E E a) o 0 0 o o ta N O C.) .,— C.) 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Apollo Metro Solutions,INC 2900 S.Horseshoe Dr. ap o llo ,ELe#404 4 Q Naples,FL.34104 METpo s3LUTISIIs 239-444-6934 RFP 15-6508 Price Schedule Collier County REP 15-6508 3327 Tamiami Tr.East Date 3-Feb-16 Naples,FL 34112 CUS# COL Terms TED Qty: P/N Description Unit Price Total Price USD USD 1-125 Unit Pricing I Apollo SL Series 1 CC-SL3-V1.1a Apollo SL LED Street Light w/Wireless Control $591.70 $591.70 Cat#:SL3-NW-150-700-H-X-W Includes:LED Module,Control Board,External Driver,Radio, Antenna,T2,T3 or T4 Lens,3ft PigTail 1 CC-SL3-V1.1b Apollo SL LED Street Light I No Wireless Control $539.00 $539.00 Cat#:SL3-NW-150-700-H-X-X Includes:LED Module,External Driver,T2,T3 or T4 Lens,3ft PigTail 126-999 Unit Pricing I Apollo SL Series 1 CC-SL3-V1.2 Apollo SL LED Street Light w/Wireless Control $549.00 $549.00 Cat#:SL3-NW-150-700-H-X-W Includes:LED Module,Control Board,External Driver,Radio, Antenna,T2,T3 or T4 Lens,3ft PigTail 1 CC-SL3-V1.3 Apollo SL LED Street Light $499.00 $499.00 Cat#:SL3-NW-150-700-H-X-X Includes:LED Module,External Driver,12,T3 or 14 Lens,3ft PigTail '126-999 unit pricing w/Minimum Draw 125pcs per month 1000-1999 Unit Pricing I Apollo SL Series** 1 CC-SL4-V1.4 Apollo SL LED Street Light w/Wireless Control $485.00 $485.00 Cat#:SL4-NW-150-700-H-X-W Includes:LED Module,Control Board,External Driver,Radio, Antenna,T2,T3 or T4 Lens,3ft PigTail 1 CC-SL4-V1.5 Apollo SL LED Street Light $445.00 $445.00 Cat#:SL4-NW-150-700-H-X-X Includes:LED Module,External Driver,T2,T3 or T4 Lens,3ft PigTail "1000-1999 unit pricing w/Minimum Draw 250pcs per month 2000-5000 Unit Pricing I Apollo SL Series*** 1 CC-SL4-V1.6 Apollo SL LED Street Light w/Wireless Control $475.00 $475.00 Cat#:SL4-NW-150-700-H-X-W Includes:LED Module,Control Board,External Driver,Radio, Antenna,T2,T3 or T4 Lens,3ft PigTail 1 CC-SL4-V1.7 Apollo SL LED Street Light $465.00 $465.00 Cat#:SL4-NW-150-700-H-X-X '.. Includes:LED Module,External Driver,T2,T3 or 14 Lens,3ft PigTail "'2000-5000 unit pricing w/Minimum Draw 300pcs per month LED MODULE REPAIR/REPLACE Includes:LED Module,Control Board,Commissioning:Lump 1 CC-L1 Sum $276.00 $276.00 RADIO REPAIR/REPLACE 1 CC-L2 Includes:New Radio, Commissioning:Lump Sum $99.00 $99.00 LED Module+RADIO REPAIR/REPLACE Includes:LED Module,Control Board,Radio, Commissioning: 1 CC-L3 Lump Sum $375.00 $375.00 LED Module+RADIO+DRIVER REPAIR/REPLACE Includes:LED Module,Control Board,Radio,150W Driver, 1 CC-L4 Commissioning:Lump Sum $433.00 $433.00 Apollo SL Management&Control Remote 900MHz Radio(one 1 CC-SLCOT-1 needed per 200 clients or per circuit) $650.00 $650.00 Spare Parts&MISC/LUMP SUM Pricing 1 CC-HVG150 150W HVG Driver $81.00 $81.00 1 CC-LS-V1 Apollo Light Shield/Hood(minimum order 10pcs) $50.00 $50.00 1 CC-ANT-3 Omni Antenna 915MHz $10.00 $10.00 Packet Page -324-