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Agenda 04/12/2016 Item #16A 7
Proposed Agenda Changes Board of County Commissioners Meeting April 12,2016 Add on Item 10E to be heard at 10:00 a.m.: Recommendation to consider information presented by Gary Price,Fifth Avenue Advisors,regarding potential Spring Training facility for the Atlanta Braves. (Commissioner Fiala's request) Withdraw Item 10E from the agenda to be rescheduled to a future BCC Meeting Agenda to allow adequate public notice: Recommendation to consider information presented by Gary Price,Fifth Avenue Advisors,regarding potential Spring Training facility for Atlanta Braves. (Commissioner Henning's request) Add On Item 10F: Recommendation to direct the County Attorney and County Manager to ensure compliance with the Local Government Prompt Payment Act and the Collier County Procurement Ordinance as it pertains to the prompt payment of vendors. (Commissioner Hiller's request) Continue Item 16A7 to April 26, 2016 BCC Meeting: Recommendation to award Invitation to Bid (ITB) # 16-6537R "Annual Contract for Landscape Maintenance" to primary, secondary and tertiary contractors. (Staff's request) Move Item 16A20 to Item 11B: Recommendation to award Invitation to Bid (ITB)#16-6541 "Roadway Paint,Thermoplastic Markings,and Raised Markers" to McShea Contracting,LLC as the primary contractor. (Commissioner Henning's request) Move Item 16D4 to Item 11C: Recommendation to approve change order#1 to McGee& Associates for safety improvements associated with the design plans to the sidewalk/pathway connecting the Collier County beach parking lot at the end of Seagate Drive to the North Gulf Shore Boulevard beach access for$5,140 and make a finding that this expenditure promotes tourism. (Commissioner Taylor's request) Move Item 16E5 to Item 11D: Recommendation to authorize the Division of Emergency Management to purchase food and drinks for the flight crew and support personnel from the National Hurricane Center during the public aircraft static display at the Naples Airport(not to exceed $500). (Commissioner Taylor and Commissioner Fiala's separate requests) Move Item 16H6 to Item 4I: Proclamation designating April 10-16,2016 as Crime Victim's Week in Collier County and recognizing the Collier County Sheriff's Office,State Attorney's Office,20th Judicial Circuit and Project HELP,Inc.who are joining forces with victim service programs,criminal justice officials, and concerned citizens throughout Collier County and America to raise awareness of victims' rights and 4/12/2016 16.A.7. EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (ITB) # 16-6537R "Annual Contract for Landscape Maintenance"to primary,secondary and tertiary contractors. OBJECTIVE: To provide landscaping services to be performed on County roadways and other properties for median mowing and edging, side of the right of way mowing and edging, street cleaning, median weeding, side of the right of way weeding, general site trimming, trash removal, and brick paver pressure cleaning throughout Collier County. CONSIDERATIONS: On January 20, 2016, the County advertised Invitation to Bid #16- 6537R for the "Annual Contract for Landscape Maintenance" on the Collier County Online Bidding System. There were eight hundred eighty (880) notices sent, of which forty-one (41) addresses downloaded the bid documents, and six (6) bids were submitted by the February 5, 2016 deadline date. A non-mandatory pre-bid meeting was held at which time the County reviewed all specifications and requirements with the six (6) contractors in attendance. After review, Ground Zero Landscaping and Hannula Landscaping and Irrigation, Inc., were the lowest overall bidders and are recommended to be primary contractors as indicated in the table below. Staff conducted a review of price submittals and qualifications and deemed three (3) contractors as non-qualified due to the lack of required licenses for the type of work to be performed and one contractor was deemed non-qualified because of the following statement contained in their submittal: "We do not provide mowing, shrub work, etc. As a tree service, we would be bidding tree work as requested." Consistent with the solicitation document, staff is recommending awards based on the lowest, responsive bidders for each work area to include additional services on a primary, secondary and tertiary basis as depicted in the table below. Standard County purchase orders (PO) will be issued. A comprehensive bid tabulation has been attached, along with a condensed bid tabulation depicting only responsive bidders 77-77 f \ S{ S`«}T 77777 l Y tom'' „k. �'Pt $ ,'�F jt z'�v�"i�,�,.u"f+ `fir• ,n?#=� t, ��, � 1 t�� �� ;x'�"� Primary=Ground Zero Landscaping Secondary=Hannula Landscaping& Irrigation, Inc 1 —3, 21 +Additional Services Tertiary = Florida Land Maintenance, Inc. d/b/a Commercial Land Maintenance Primary=Hannula Landscaping & Irrigation, Inc 4—20 +Additional Services Secondary = Florida Land Maintenance, Inc. d/b/a Commercial Land Maintenance Tertiary=None FISCAL IMPACT: The Road Maintenance Division, Landscaping Operations, of the Growth Management Department has funding budgeted in account 111-163801. Other departments that require these services for projects shall come from their individual budgets. Packet Page -426- 4/12/2016 16.A.7. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT RECOMMENDATION: To award Invitation to Bid #16-6537R to Ground Zero Landscaping as the primary contractor for work areas 1 –3, 21 + additional services; Hannula Landscaping & Irrigation, Inc., as the primary contractor for work areas 4 – 20 + additional services and as the secondary contractor for work areas 1 – 3, 21 + additional services; and Florida Land Maintenance, Inc. d/b/a Commercial Land Maintenance as the secondary contractor for work areas 4–20 + additional services and the tertiary contractor for work areas 1 –3, 21 + additional services. Prepared by: Melissa Pearson, CPPB, Contract Administration Specialist, Road Maintenance Division, Growth Management Department. Attachments: 1) Solicitation document 2) Final bid tabulation 3) Condensed bid tabulation Packet Page -427- 4/12/2016 16.A.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.7. Item Summary: Recommendation to award Invitation to Bid (ITB)# 16-6537R "Annual Contract for Landscape Maintenance" to primary, secondary and tertiary contractors. Meeting Date: 4/12/2016 Prepared By Name: PearsonMelissa Title: Contract Administration Specialist,Road Maintenance 3/31/2016 2:03:16 PM Submitted by Title: Contract Administration Specialist,Road Maintenance Name: PearsonMelissa 3/31/2016 2:03:18 PM Approved By Name: LulichPamela Title: Manager-Landscape Operations,Landscape Operations Date: 3/31/2016 2:15:37 PM Name: MarkiewiczJoanne Title: Division Director-Procurement Services,Procurement Services Date: 3/31/2016 3:03:11 PM Name: HerreraGloria Title: Management/Budget Analyst, Capital Construction&Maintenance Budget/Fiscal Date: 3/31/2016 4:24:21 PM Name: KearnsAllison Title: Manager-Financial&Operational Sprt, Capital Construction&Maintenance Budget/Fiscal Date: 3/31/2016 4:37:19 PM Name: KearnsAllison Packet Page -428- 4/12/2016 16.A.7. Title: Manager-Financial&Operational Sprt, Capital Construction&Maintenance Budget/Fiscal Date: 4/1/2016 10:18:59 AM Name: LynchDiane Title: Supervisor-Operations,Road Maintenance Date: 4/1/2016 12:03:26 PM Name: LynchDiane Title: Supervisor-Operations,Road Maintenance Date: 4/1/2016 12:04:43 PM Name: LynchDiane Title: Supervisor-Operations,Road Maintenance Date: 4/1/2016 12:22:37 PM Name: JohnsonScott Title: Manager-Procurement,Procurement Services Date: 4/1/2016 3:02:09 PM Name: GossardTravis Title: Division Director-Road Maintenance,Road Maintenance Date: 4/4/2016 6:34:14 AM Name: WilkisonDavid Title: Department Head-Growth Management Dept, Growth Management Department Date: 4/4/2016 8:33:47 AM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 4/5/2016 8:07:49 AM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 4/5/2016 9:53:19 AM Name: KlatzkowJeff Title: County Attorney, Date: 4/5/2016 10:08:44 AM Name: OchsLeo Title: County Manager,County Managers Office Date: 4/5/2016 4:47:31 PM Packet Page -429- 4/12/2016 16.A.7. Gote-r County Administrative Services Department Procurement Services Division INVITATION TO BID Date: January 7, 2016 To: Prospective Bidders From: Jason Crouch, Procurement Strategist (239) 252-8949 (Telephone) (239) 252-6594 (FAX) jasoncrouch @colliergov.net (Email) Subject: Solicitation: 16-6537R Annual Contract for Landscape Maintenance As requested by the Growth Management Department, the Collier County Board of County Commissioners Purchasing Department has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Public Notice included in this document for the opening date and time and any applicable pre-ITB conference. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective bidders. We look forward to your participation in Collier County's competitive procurement process. cc: Liz Soriano, Project Manager Note: All ITB responses submitted must include one (1) original labeled MASTER, along with one (1) exact duplicate copies, including all required forms. . u° Fr.ou r,tnen sDcson•332!.amiami Trail East Naples.Rc«tla 34112-4901•23&252-907• x.,cc Nerpov.neUprxcurern nt ervices #16-6537R Landscape Maintenance Page 1 of 38 Packet Page -430- 4/12/2016 16.A.7. Index Public Notice 3 Exhibit I: Scope of Work, Specifications and Response Format 4 Exhibit III: Collier County Purchase Order Terms and Conditions 20 Exhibit IV: Additional ITB Terms and Conditions 23 Attachment 1: Vendor Submittal - Vendor's Non-Response Statement 30 Attachment 2: Vendor's Check List 31 Attachment 3: Vendor Submittal- Bid Response Form 32 Attachment 4: Vendor Submittal—Local Vendor Preference Affidavit 34 Attachment 5: Vendor Submittal—Immigration Affidavit 35 Attachment 6: Vendor Substitute W—9 36 Attachment 7: Vendor Submittal- Insurance and Bonding Requirements 37 #16-6537R Landscape Maintenance Page 2 of 38 Packet Page-431- 4/12/2016 16.A.7. Colter County Administrative Services Department Procurement Services Division Public Notice Sealed bid responses for Solicitation 16-6537R Annual Contract for Landscape Maintenance, will be received electronically or manually at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 3 PM, Collier County local time on February 5, 2016. Solicitation responses received after the stated time and date will not be accepted. Solicitation 16-6537R Annual Contract for Landscape Maintenance A non-mandatory pre-bid conference will be held on January 14, 2016 commencing promptly at 10 AMA and held at Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. All prospective bidders are encouraged to attend this conference. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response form included and only available for download from the Collier County Purchasing Department Online Bidding System website noted herein. ITB Documents obtained from sources other than Collier County Purchasing may not be accurate or current. Collier County encourages bidders to utilize recycled paper on all manual bid response submittals. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Director, Procurement Services Division Publicly posted on the Collier County Purchasing Department website: www.colliergov.net/purchasinq and in the lobby of the Purchasing Building on January 7, 2016. #16-6537R Landscape Maintenance Page 3 of 38 Packet Page -432- 4/12/2016 16.A.7. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Growth Management Department (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB")with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Contractor, at a minimum, must achieve the requirements of the Scope of Work and specifications stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. The comprehensive requirements contained within the Scope of Work may not apply to divisions or departments outside of Landscape Operations. Brief Description of Purchase The purpose of this solicitation is to procure qualified landscape maintenance contractor(s)for work to be performed on County roadways and properties. The awarded contractor(s) will be responsible to maintain median mowing and edging, street cleaning, median weeding, general site trimming, trash removal, side ROW mowing and edging, side street cleaning, side ROW weeding, and brick paver pressure cleans. Detailed Scope of Work The Contractor shall be responsible in furnishing all labor, supervision, equipment, tools, and materials for landscape maintenance and mowing services as identified in this solicitation. The maintenance services include two (2) schedules: a Winter(November 1st-April 30th) and Summer (May 1st—October 31st). There are twenty-one (21)work areas listed for which services shall be provided. The number of work area sites may increase or decrease at the Project Manager's discretion. The technical specifications for the services are: 1. MOWING AND EDGING: a) Prior to mowing, Contractor shall be responsible in the removal and disposing of all trash and debris, which includes, but not limited to: palm fronds, horticultural and non-horticultural debris, leaves, rocks, paper, and other objects on the ground or any tree or shrubbery. It shall be removed from the right-of-way. This requirement includes the mowing for all types of grass: St. Augustine, Bahia, and any other type of grass or weed within the right-of-way. b) Mowing and edging shall include medians and areas along the outside edge of the sidewalks of adjacent properties, if existing, which are not currently maintained by the property owners. Contractor shall ensure all trash and debris is disposed of the same day and areas with pavement and curbing shall be clear of all grass clippings from mowing. c) Right-of-way mowing and/or weed control is required from back of curb or sidewalk to the right-of-way line (in most cases the wooden power pole). #16-6537R Landscape Maintenance Page 4 of 38 Packet Page -433- 4/12/2016 16.A.7. d) Swale areas must be mowed throughout the entire year. If mowing is not possible and the swales are full of water, the swales must be addressed at every service to reduce the height of the weeds to 12" above the water. e) All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. The guard on the mulching mowers must always be kept on the equipment to reduce the risk of objects and clippings being thrown onto pavement, vehicles, and pedestrians. Should bagging be necessary, the bagged clippings shall be collected and removed at no additional cost to Collier County. f) Grass shall be cut at a height no less than three and one half inches (3 'A"). The height of the grass blade shall not exceed six (6) inches in height. g) Note: The number of mowing services may be modified by the Project Manager or by seasonal weather conditions at the Project Manager's discretion. h) The Contractor shall use or alternate mowing practices, patterns, or equipment within narrow turf areas so not to create wheel ruts or worn areas in the turf. Any areas of turf that become water soaked during the period of this Contract shall be mowed with twenty-one inch (21" +/-) diameter hand walk behind type mowers to prevent wheel ruts in the turf caused by heavier type self-propelled rider mowers. The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the County. The contractor is to avoid mowing in a way that will project grass clippings, small rocks, and miscellaneous debris into oncoming traffic. i) Edging is required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks, or other areas, resulting from edging, shall be removed. No herbicide shall be used for edging. j) Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all plant beds, utility service boxes, street light bases, sign posts, headwalls, guardrails, timer pedestals, posts and trees. k) Metal blade edging is not permitted along plant bed and turf edges where an underground irrigation system is present. Mechanical metal blade edging is permitted along back of curbing. Grass root runners extending into the mulched areas, sidewalks or curbs shall be cut and removed when the edging is performed. I) Swales and dry retention areas must be mowed and/or weed trimmed. A full singular mowing service shall include: trash removal, mowing, and edging of the entire project. m) Medians full mowing service shall include: median mowing and edging and median trash removal for the entire site. n) Side of the road, a full mowing service shall include: side of the roadway mowing and edging and side of right-of-way trash removal. 2. TRASH REMOVAL a) All debris or trash pick-ups shall be performed prior to mowing in all turf areas. #16-6537R Landscape Maintenance Page 5 of 38 Packet Page -434- 4/12/2016 16.A.7. b) Median trash removal and side of the right-of-way trash removal for each service for all site areas shall be cleaned by removing all trash or debris which shall include, but not limited to the following: paper, bottles, cans, other trash, and horticultural debris. c) The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal fees, tipping, or charges are to be included in the Contract bid price. 3. STREET CLEANING a) All sidewalks, curbing and/or gutters and including a four foot (4') area from the face of the gutters, curbs including turn lanes, medians and sidewalk areas shall be cleaned the same day as the mowing service to remove any accumulation of debris or objectionable growth to maintain a neat and safe condition. b) All sidewalks shall be blown clean and no grass clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. c) Blowing shall be directed toward the existing landscape median or grass. Do not blow into the roadways, paved areas, or traffic. 4. WEEDING a) Weeding of plant beds, sidewalks (asphalt, concrete paver), guardrail bases, tree grates, curb joints and other mulched areas by chemical and/or hand removal and must be performed weekly or as necessary to provide a weed free and well maintained area. b) Blue tracker shall be required when spraying round-up. 5. GENERAL SITE TRIMMING a) General site pruning shall be defined as the pruning of any plant's foliage below a ten foot (10') height. b) Shrub pruning should be done consistently throughout each median for all shrub types that require pruning so that landscape gives the appearance of continuity throughout that median and the entire project. c) Note: All shrubs within the turn lanes are to be cut at eighteen inches (18") and to be maintained to twenty-four inches (24")for sight visibility per FDOT Indexes. d) All groundcovers, shrubs, canopy trees (except magnolias) and palms up to a ten foot (10') height, shall be inspected and pruned on a weekly or an as needed basis, so as to maintain the proper or required heights for visibility, vehicular movement purposes and desired shape or form as determined by the Project Manager or the Owner's Representative. Pruning groundcover and trees shall include: e) All groundcovers and shrubs within the sight window and at all turn lanes are to be pruned to a height of eighteen inches (18") by October 1st of each year and prior to cooler temperatures to ensure blooming plants are at the proper elevation during the heavy traffic season. #16-6537R Landscape Maintenance Page 6 of 38 Packet Page-435- 4/12/2016 16.A.7. f) All groundcovers and shrubs shall be maintained at the required height as specified by the Project Manager and up to a maximum height of thirty-six inches (36"), with the exceptions of sight windows when the height needs to be maintained at a maximum of eighteen thru twenty- four inches (18"-24"). g) Plant material with a canopy over pathways or sidewalks shall be maintained at a minimum height of one hundred twenty inches (120")/or ten feet (10'). h) All bougainvilleas and green island ficus are to be maintained to at a maximum height of twenty-four inches (24")throughout the year. The removal of sprouts for bougainvillea is only considered pruning if the heights of the bougainvillea are maintained to twenty-four inches (24") and not at a greater height. i) All Crown of Thorns are to be maintained to a maximum height of twenty-four inches (24") and pruned in May of each year or as directed by Project Manager. j) Ornamental grasses, such as Fountain, Muhly grass, Florida Gama, or Fakahatchee grass shall be pruned once a year at its base to remove any old growth; grasses shall only be pruned after the blooming season. The grasses shall not be cut in a flat top method. k) Ornamental grass such as Liriope muscari shall only be pruned at the direction and approval of the Project Manager or Owner's Representative. I) All old leaf growth and dead flowering growth is to be removed on the Blueberry Flax, Agapanthus, Bird of Paradise, Variegated Ginger and all other similar plants. m) Shrubs and groundcovers adjacent to pathways or sidewalks shall be pruned to maintain a one foot (1') of clearance from the edge of the pathway. n) It is recommended that adjacent shrubs and groundcovers be maintained so that they are angled or are rounded away from the pathway. o) Shrubs are to be pruned to one foot zero inches (1'0")—one foot six inches (1' 6") behind the back of curbing in the median behind the irrigation sprinkler head. A one foot to one foot and six inches (1'- 1'-6") mulched area from back of the curb shall be maintained in the median planting beds, as a pathway for maintenance workers. p) The shrubs and plant material shall not grow over the curbing and into the roadway. q) All shrubs and trimming as described above must be completed in order to submit an invoice for payment. r) If there are shrubs that are overgrown, growing over the curb or obstructing the view of vehicular traffic at the end of the month, this line item will not be paid. s) As-built plan information is available through the GMD/RM Landscape section where sightlines are depicted on the landscape plan. 6. TRAFFIC CONTROL/LANE CLOSURES a) The Contractor shall comply with the requirements of Collier County's Maintenance of Traffic (MOT) Policy, copies of which are available through the Risk Management or Procurement Services. The Contractor shall obtain and review and obtain the County MOT policy #16-6537R Landscape Maintenance Page 7 of 38 Packet Page-436- 4/12/2016 16.A.7. requirements prior to submitting a proposal. Upon approval of an MOT Plan and proper placement of lane closed signs, pre-warning signs, arrow boards, traffic cones etc., the lane may be restricted from traffic. b) The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway&Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the MOT policy will be enforced under this Contract. c) Landscape employees shall be required to wear ANSI Class 3, high-visibility safety vests and they must be worn by all employees when servicing the area. d) A directional lighted and flashing arrow board will be required under this Contract that meets the traffic control requirements. e) The contractor must meet with Risk Management to discuss the proposed MOT prior to commencing work. Contact Ron Miller, Environmental, Health & Safety Manager Collier County Risk Management, Office -239-252-8091, Cell - 239-821-9753. f) An onsite employee must be work zone certified and possess an Intermediate Work Zone Certification. This employee must provide copies of the onsite personnel's certificates to Risk Management and to the Project Manager for Collier County. g) To insure safety, the MOT may require lane closures or a moving Maintenance of Traffic Process with an attenuator to meet the MOT specifications defined by Collier County's Maintenance of Traffic (MOT) Policy, which meets or exceeds the MUTCD and FDOT Roadway & Traffic Design Standards Indexes. h) The contractor shall not allow crew or equipment to cross the street at"midblock". The contractor must have a safe and systematic method of operations for trimming palms, trees, and shrubs along the roadway. This method must be discussed with Risk Management and the Project Management prior to bidding. i) The crew may utilize the beginning of the turn lane to stage equipment but still allowing traffic to turn. There is no parking in accordance with Florida Statute 316.1945 Stopping, standing, or parking prohibited in specified places. These areas where stopping, standing, or parking is prohibited include: ➢ In front of a public or private driveway. ➢ Within 15 feet of a fire hydrant. ➢ Within 20 feet of a crosswalk at an intersection. ➢ Within 30 feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway. ➢ Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of such entrance (when property signposted). ➢ On an exclusive bicycle lane. ➢ At any place where official traffic control devices prohibit standing. j) Parking heavy equipment on sidewalks is not allowed. Sidewalks are to be kept clear for pedestrians at all times. #16-6537R Landscape Maintenance Page 8 of 38 Packet Page -437- 4/12/2016 16.A.7. k) The MOT signs shall move with the work zone to adequately warn motorists. MOT Signs should not be placed beyond signalized intersections. If your work zone goes beyond a signalized intersection, additional signage should be placed or signs moved to alert motorists who have just entered from a signalized intersection onto a roadway/median where work is being conducted. 7. LANE CLOSURE Lane closures for median maintenance shall be limited and they shall comply with the following: a) Proper placement of lane closed signs, pre-warning signs, arrow boards, traffic cones etc., the lane may be restricted from traffic only during non-peak traffic periods 9:30 A.M. - 3:30 P.M., Monday through Friday, and 8:00 A.M. - 5:00 P.M. Saturday and Sunday, unless otherwise approved by the Project Manager. b) There will be no lane closures permitted during season (Thanksgiving through Easter). The lane closure shall be indicated on the Weekly Maintenance Work Schedule, which is provided to the Project Manager. c) The contractor shall contact the County's Public Information Specialist the Wednesday before lane closures are planned for Collier County's public road alert notification. A Road Alert form must be submitted (form provided by the County). 8. LANDSCAPE MAINTENANCE SERVICES a) The Contractor agrees that submission of their proposal the listed services Unit Costs under this Contract shall also be made available to the County on a temporary basis as landscape maintenance services. The contracted services within these specifications and contract may be required to be temporarily performed at another project site located within Collier County. 9. PRESSURE CLEANING BRICK PAVERS a) All median brick curbing, brick paving, sidewalks, and paved areas may be pressure cleaned to remove tire marks or other dirt which may be deposited on the surface areas. Sealing of paving areas may be at the direction of the Project Manager on a time and material basis. b) The water pressure shall sufficiently pressurize to remove dirt from the surfaces areas. The brick pavers shall be cleaned in December of each year or at the discretion of the project manager. c) Upon finding damage to the brick curbing or paving, an immediate notification to the Project Manager or his authorized representative is required. Upon finding damaged areas, the Contractor shall clean-up debris if present, and/or flag off the areas with protective barriers and/or high visibility hazard tape. 10. MISCELLANEOUS AND LANDSCAPE MAINTENANCE RESPONSIBILITIES a) If plants, shrubs, trees, grass or foliage die due to neglect or damage by the Contractor, Contractor's employees or a Subcontractor as determined by the Project Manager or Owner's Representative, they shall be replaced at the Contractor's expense. b) The Contractor shall provide ramps or other devices to gain access over the curb to all medians. The curb or turf areas shall not be damaged due to gaining access or they will be replaced at the Contractor's expense. #16-6537R Landscape Maintenance Page 9 of 38 Packet Page -438- 4/12/2016 16.A.7. c) It shall be the Contractor's responsibility to notify the Project Manager of any maintenance problems or additional maintenance needs. d) Should additional costs be involved which are not covered within the Contract specifications, a unit cost shall be agreed upon by the Contractor and Project Manager prior to performing additional services. e) The Contractor shall perform inspections on all plants, shrubs, trees and grass areas for disease or insect infestation during each week's service to the site. The Contractor shall immediately notify the Project Manager should a disease or infestation be found and begin appropriate treatment per the Contract requirements. f) The Contractor shall have a singular point of contact with cellular phone and e-mail for on-site and offsite communication in order to communicate with the Landscape and Irrigation Project Manager. The Field Supervisor must be able to meet on-site when requested and must be able to answer any questions regarding the landscape and irrigation contained within these specifications. If, Field Supervisor is unavailable there must be a secondary person who can be available and able to answer questions and/or make decisions. 11. GENERAL MAINTENANCE REPORT SHEETS a) The Contractor shall complete the "General Maintenance Report Sheets" on a weekly basis. The report sheets shall be signed and submitted on a weekly basis the day after service completion for a timely review by the County and it must be attached to the invoice on a monthly basis to the owner's appointed representative for review and approval as to completeness. b) The Contractor's General Maintenance Reports are required to be signed by the Contractor and submitted via email to the Project Manager or designee upon completion of work area(s). c) The Contractor shall be required to conduct on-site inspections with the Project Manager or Owner's Representative on a weekly or monthly basis to verify satisfactory completion of Contract requirements. d) The Project Manager or designee shall provide the General Maintenance Report form to the Contractor for reproduction purposes that shall be utilized throughout the Contract term. 12. WEEKLY WORK SCHEDULE a) Contractor shall email a weekly work schedule to the Division's Project Manager or designee on Friday morning no later than 7:00 a.m. The schedule shall indicate the service locations and date/times. Please note: Any changes to the work schedule shall be made in writing twenty-four(24) hours in advance of the next work day or no later than 7:00 a.m. of the work day and emailed to the Project Manager or designee. #16-6537R Landscape Maintenance Page 10 of 38 Packet Page -439- 4/12/2016 16.A.7. 13. CREW SIZE/MAN-HOURS a) Contractor shall provide with each site visit a minimum of six (6) employees with each weekly service of the work areas. The work shall be completed within one (1) visit, if required a consecutive day visit may follow. The purpose for this statement is to have the entire segments under this contract completed at the same time. 14. EQUIPMENT LIST a) The Bidder shall provide, with the bid submittal, a basic listing of all landscape maintenance equipment in their inventory. This list should include all power equipments as well as manual tools necessary to perform all duties under this contract. 15. ADDITIONAL & SUBSTITUTE SERVICES a) Should substitute services be required, the County will quote all vendors on the resulting contract. Quotes shall be based on pricing received in response to this solicitation on a lump sum or time and material basis. b) During the term of this agreement, the Division or other Departments within the County may request that the Contractor to provide additional services outside of the Scope of Work herein communicated. A rate schedule has been included on the bid schedule for these "Additional Services" should they be requested by County Staff. Hourly rates shall include all direct and indirect costs. 16. WORK AREA CONDITIONS a) Contractor will receive the work area(s) in an "as-is" condition. It shall be the sole responsibility of the prospective vendor to complete a site visit and inspection of the landscaping work areas as shown on the Work Area Bid Schedule prior to bid schedule submission. 17. NOTICE TO PROCEED FOR WEEKLY SERVICES a) The Road Maintenance Division utilizes Cartegraph, an Operations Management System (OMS), which generates internal work orders in the scheduling of preventive maintenance, organizing and tracking inventory, and manages equipment costs while providing advanced reporting and analytics. b) Prior to the Contractor proceeding with the services, the Project Manager or designee shall generate an internal OMS work order(s) on a monthly basis for weekly services that will be performed for specified month. The Project Manager or designee shall notify the Road Maintenance Contract Administration Specialist or designee to generate the Notice to Proceed (NTP). c) The Contract Administration Specialist or designee will email the Contractor's Project Manager the NTP and associated work orders for services to be performed within the month. This notice is the Contractor's authorization to proceed with work as outlined on the NTP and work order(s). The NTP will have a commencement date and a completion deadline for the work that is being requested. No work shall commence unless an NTP has been issued authorizing the work. #16-6537R Landscape Maintenance Page 11 of 38 Packet Page -440- 4/12/2016 16.A.7. 18. INSPECTION/PAYMENT a) Payment shall be made for work that is one hundred percent (100%) complete and is approved as satisfactory from the Division's Project Manager or designee. b) Contractor shall notify the Division Project Manager or designee prior to work commencement and completion of the work area for inspection. c) The Division Project Manager or designee shall inspect the work to ensure all work has been satisfactorily completed as outlined in the specifications. d) Contractor shall submit the General Maintenance Report following the completion of work for review and inspection as outlined in Section 11. General Maintenance Report forms. e) If there is a discrepancy or unsatisfactory work it shall be remedied within forty-eight (48) hours. f) The invoice shall include the contract number, purchase order (PO) number, and the work order number(s)for payment to occur. Award Criteria ITB award criteria is as follows: • All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. • Award shall be based upon the responses to all questions on the Bid Response Page(s). • Further consideration may include, but not be limited to, references; completeness of bid response; and past performances on other County bids/projects. • Prices will be read in public exactly as input on the electronic bid response form or written on the manually submitted Bid Response Page(s) at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper response. • The County's Purchasing Department reserves the right to clarify a contractor's proposal prior to the award of the solicitation. • It is the intent of Collier County to award to the lowest, qualified and responsive contractor(s) in accordance with the following methodology: Award will be made to lowest, responsive bidder for each of the Work Areas of the Bid Schedule, and Additional Services line items. (The Contractor may select the work areas they would like to bid; however, the entire work area groups must be bid. For example: Work Area 1 has sections A and B or Work Area 5 has sections A —E that must be bid in their entirety in order to be considered for award. Partial bidding of work area groups is prohibited and it may deem the bid non-responsive.) • Collier County reserves the right to select one, or more than one contractor, however, it is the intent to select primary, secondary, and tertiary awardees. #16-6537R Landscape Maintenance Page 12 of 38 Packet Page -441- 4/12/2016 16.A.7. • The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. • The resultant contract(s) may include purchase or work orders issued under one, or any combination of price methodologies by the County's project manager: Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. Generally speaking, these contracts are predictable and cost certain, easy to administer for the County and the Contractor, and foster higher levels of collaboration, and account for more than fifty (50%) percent of public sector projects. Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.)for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification required). Term of Contract The contract term, if an award(s) is/are made is intended to be for one (1) year with three (3) one year renewal options. ➢ Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made prior to the contract anniversary date, in writing, to the Procurement Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. ➢ Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the ITB process. Event Date Issue Solicitation Notice January 7, 2016 Non-mandatory pre-bid meeting January 14, 2016 at 10:00 a.m., EST Last Date for Receipt of Written Questions January 28, 2016 by 5:00 p.m., EST Solicitation Deadline Date and Time February 5, 2016 by 3:00 p.m., EST Anticipated Evaluation of Submittals February 5-10, 2016 Anticipated Board of County Commissioner's February-March 2016 Contract Approval Date #16-6537R Landscape Maintenance Page 13 of 38 Packet Page -442- 4/12/2016 16.A.7. Vendor Required Documents (to be submitted with bid documents) • Attachment 2: Vendor's Check List • Attachment 3: Vendor Bid Response Form • Attachment 4: Local Vendor Preference • Attachment 5: Immigration Law Affidavit • Attachment 6: Vendor Substitute W-9 • Attachment 7: Insurance and Bonding Requirement • Item #8: Equipment List (Inventory of all owned and/or leased equipment necessary to perform the work described in this solicitation.) • Item # 9: Landscape Contractor's and Irrigation License or Unlimited Landscape Contractor's License in Collier County. • Item # 10: References (5 from private or governmental clients wherein similar services to this solicitation have been performed. • Item #11: MOT Certification (Including certification for all subcontractors utilized under the resulting awarded contract.) #16-6537R Landscape Maintenance Page 14 of 38 Packet Page-443- 4/12/2016 16.A.7. Exhibit II: General Bid Instructions 1. Purpose/Objective As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier County Board of County Commissioners Purchasing Department (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the "ITB", or"Bid")with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful vendor will hereinafter be referred to as the "Vendor." All bids must be submitted on the Bid form furnished by the County noted in Attachments 2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly signed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non-responsive. 2. Pricing Vendors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for a period of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined in Exhibit I: Term of Contract. 3. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price will be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. 4. Equal Product Manufacturer's name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, must be submitted with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless samples are delivered to specified address by bid due date. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. 5. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 6. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully #16-6537R Landscape Maintenance Page 15 of 38 Packet Page -444- 4/12/2016 16.A.7. comply with the specifications as written. The County, at its sole discretion, shall determine if the exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for rejection of bid proposal. 7. Addenda The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who downloaded the ITB document. Additionally, all addendums are posted on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 8. Bid Submission All electronic bids shall be submitted online via the Collier County Purchasing Department Online Bidding System: www.colliergov.net/bid. All paper bids shall be submitted to the County Procurement Director, Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, by the date and time as stated in the Legal Notice. The County assumes no responsibility for bid responses received after the due date and time, or at any office or location other than that specified herein, whether due to mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late bid responses shall be returned unopened, and shall not be considered for award. Vendors must submit one (1) paper copy clearly labeled "Master," and one (1) compact disks (CD's)with one copy of the proposal on each CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. All bids sent by courier service must have the bid number and title on the outside of the courier packet. Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Purchasing Department Internet bid site. 9. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Purchasing Department Internet website: www.colliergov.net/bid. Questions will not be answered after the date noted on the ITB. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 10. Protests Any 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 #16-6537R Landscape Maintenance Page 16 of 38 Packet Page -445- 4/12/2016 16.A.7. 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. 11. Rejection and Waiver The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non- responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non-responsive. 12. Local Vendor Preference (LVP) The County is using the Competitive Sealed Quotation methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Ordinance. 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, bidders 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 bidder who fails to submit sufficient documentation with their bid 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. Competitive bid (local price match option). Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to businesses with drug-free workplace programs). If the lowest local bidder meets the #16-6537R Landscape Maintenance Page 17 of 38 Packet Page -446- 4/12/2016 16.A.7. requirements of Fla. Stat. Sec. 287.087, the Purchasing Department shall invite the lowest local bidder to submit a matching offer, less one (1) dollar, within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less one (1) dollar, from the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087, and the lowest non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 13. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the 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. 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.qov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. #16-6537R Landscape Maintenance Page 18 of 38 Packet Page -447- 4/12/2016 16.A.7. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 14. Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the Purchasing Department. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. General Information When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug-free workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said certification; the County will give local vendor preference. 17. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. Award shall be made in a manner consistent with the County's Purchasing Policy. Award recommendations will be posted outside the offices of the Purchasing Department as well as on the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the County Commission meetings. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the 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. #16-6537R Landscape Maintenance Page 19 of 38 Packet Page -448- 4/12/2016 16.A.7. Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer b) No charges will be paid by the COUNTY for This offer is subject to cancellation by the packing, crating or cartage unless otherwise COUNTY without notice if not accepted by specifically stated in this Purchase Order. VENDOR within fourteen (14)days of issuance. Unless otherwise provided in Purchase Order, no invoices shall be issued nor 2. Acceptance and Confirmation payments made prior to delivery. Unless This Purchase Order (including all documents freight and other charges are itemized, any attached to or referenced therein) constitutes discount will be taken on the full amount of the entire agreement between the parties, unless invoice. otherwise specifically noted by the COUNTY on c) All shipments of goods scheduled on the the face of this Purchase Order. Each delivery of same day via the same route must be goods and/or services received by the COUNTY consolidated. Each shipping container must from VENDOR shall be deemed to be upon the be consecutively numbered and marked to terms and conditions contained in this Purchase show this Purchase Order number. The Order. container and Purchase Order numbers must be indicated on bill of lading. Packing slips No additional terms may be added and Purchase must show Purchase Order number and Order may not be changed except by written must be included on each package of less instrument executed by the COUNTY. VENDOR than container load (LCL) shipments and/or is deemed to be on notice that the COUNTY with each car load of equipment. The objects to any additional or different terms and COUNTY reserves the right to refuse or conditions contained in any acknowledgment, return any shipment or equipment at invoice or other communication from VENDOR, VENDOR'S expense that is not marked with notwithstanding the COUNTY'S acceptance or Purchase Order numbers. VENDOR agrees payment for any delivery of goods and/or to declare to the carrier the value of any services, or any similar act by VENDOR. shipment made under this Purchase Order and the full invoice value of such shipment. 3. Inspection d) All invoices must contain the Purchase Order All goods and/or services delivered hereunder number and any other specific information as shall be received subject to the COUNTY'S identified on the Purchase Order. Discounts inspection and approval and payment therefore of prompt payment will be computed from the shall not constitute acceptance. All payments are date of receipt of goods or from date of subject to adjustment for shortage or rejection. receipt of invoices, whichever is later. All defective or nonconforming goods will be Payment will be made upon receipt of a returned pursuant to VENDOR'S instruction at proper invoice and in compliance with VENDOR'S expense. Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment To the extent that a purchase order requires a Act," and, pursuant to the Board of County series of performances by VENDOR, the Commissioners Purchasing Policy. COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase 5. Time Is Of the Essence Order if goods and/or services provided early in Time for delivery of goods or performance of the term of the Purchase Order are services under this Purchase Order is of the non-conforming or otherwise rejected by the essence. Failure of VENDOR to meet delivery COUNTY. schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, 4. Shipping and Invoices shall entitle the COUNTY to seek all remedies a) All goods are FOB destination and must be available to it at law or in equity. VENDOR suitably packed and prepared to secure the agrees to reimburse the COUNTY for any lowest transportation rates and to comply expenses incurred in enforcing its rights. with all carrier regulations. Risk of loss of VENDOR further agrees that undiscovered any goods sold hereunder shall transfer to delivery of nonconforming goods and/or services the COUNTY at the time and place of is not a waiver of the COUNTY'S right to insist delivery; provided that risk of loss prior to upon further compliance with all specifications. actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. 6. Changes #16-6537R Landscape Maintenance Page 20 of 38 Packet Page-449- 4/12/2016 16.A.7. The COUNTY may at any time and by written damage to property (including property of the notice make changes to drawings and COUNTY or other persons), which arise out of or specifications, shipping instructions, quantities are incident to the goods and/or services to be and delivery schedules within the general scope provided hereunder. of this Purchase Order. Should any such change increase or decrease the cost of, or the time 11. Warranty of Non-Infringement required for performance of the Purchase Order, VENDOR represents and warrants that all goods an equitable adjustment in the price and/or sold or services performed under this Purchase delivery schedule will be negotiated by the Order are: a) in compliance with applicable laws; COUNTY and VENDOR. Notwithstanding the b) do not infringe any patent, trademark, foregoing, VENDOR has an affirmative obligation copyright or trade secret; and c) do not constitute to give notice if the changes will decrease costs. unfair competition. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the VENDOR shall indemnify and hold harmless the change is ordered or within such additional COUNTY from and against any and all claims, period of time as may be agreed upon by the including claims of negligence, costs and parties. expense, including but not limited to attorneys' fees, which arise from any claim, suit or 7. Warranties proceeding alleging that the COUNTY'S use of VENDOR expressly warrants that the goods the goods and/or services provided under this and/or services covered by this Purchase Order Purchase Order are inconsistent with VENDOR'S will conform to the specifications, drawings, representations and warranties in section 11 (a). samples or other descriptions furnished or specified by the COUNTY, and will be of If any claim which arises from VENDOR'S breach satisfactory material and quality production, free of section 11 (a) has occurred, or is likely to from defects and sufficient for the purpose occur, VENDOR may, at the COUNTY'S option, intended. Goods shall be delivered free from any procure for the COUNTY the right to continue security interest or other lien, encumbrance or using the goods or services, or replace or modify claim of any third party. These warranties shall the goods or services so that they become survive inspection, acceptance, passage of title non-infringing, (without any material degradation and payment by the COUNTY. in performance, quality, functionality or additional cost to the COUNTY). 8. Statutory Conformity Goods and services provided pursuant to this 12. Insurance Requirements Purchase Order, and their production and The VENDOR, at its sole expense, shall provide transportation shall conform to all applicable commercial insurance of such type and with such laws, including but not limited to the Occupational terms and limits as may be reasonably Health and Safety Act, the Federal associated with the Purchase Order. Providing Transportation Act and the Fair Labor Standards and maintaining adequate insurance coverage is Act, as well as any law or regulation noted on the a material obligation of the VENDOR. All face of the Purchase Order. insurance policies shall be executed through insurers authorized or eligible to write policies in 9. Advertising the State of Florida. No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has 13. Compliance with Laws contracted with the COUNTY for goods and/or In fulfilling the terms of this Purchase Order, services, or appropriate or make use of the VENDOR agrees that it will comply with all COUNTY'S name or other identifying marks or federal, state, and local laws, rules, codes, and property without the prior written consent of the ordinances that are applicable to the conduct of COUNTY'S Purchasing Department. its business. By way of non-exhaustive example, this shall include the American with Disabilities 10. Indemnification Act and all prohibitions against discrimination on VENDOR shall indemnify and hold harmless the the basis of race, religion, sex creed, national COUNTY from any and all claims, including origin, handicap, marital status, or veterans' claims of negligence, costs and expenses, status. Further, VENDOR acknowledges and including but not limited to attorneys'fees, arising without exception or stipulation shall be fully from, caused by or related to the injury or death responsible for complying with the provisions of of any person (including but not limited to the Immigration Reform and Control Act of 1986 employees and agents of VENDOR in the as located at 8 U.S.C. 1324, et seq. and performance of their duties or otherwise), or regulations relating thereto, as either may be #16-6537R Landscape Maintenance Page 21 of 38 Packet Page -450- 4/12/2016 16.A.7. amended. Failure by the awarded firm(s) to any of the terms and conditions of this comply with the laws referenced herein shall Purchase Order shall be the Twentieth constitute a breach of the award agreement and Judicial Circuit in and for Collier County, the County shall have the discretion to Florida unilaterally terminate said agreement b) Failure of the COUNTY to act immediately in immediately. Any breach of this provision may response to a breach of this Purchase Order be regarded by the COUNTY as a material and by VENDOR shall not constitute a waiver of substantial breach of the contract arising from breach. Waiver of the COUNTY by any this Purchase Order. default by VENDOR hereunder shall not be deemed a waiver of any subsequent default 14. Force Majeure by VENDOR. Neither the COUNTY nor VENDOR shall be c) All notices under this Purchase Order shall responsible for any delay or failure in be sent to the respective addresses on the performance resulting from any cause beyond face page by certified mail, return receipt their control, including, but without limitation to requested, by overnight courier service, or by war, strikes, civil disturbances and acts of nature. personal delivery and will be deemed When VENDOR has knowledge of any actual or effective upon receipt. Postage, delivery and potential force majeure or other conditions which other charges shall be paid by the sender. A will delay or threatens to delay timely party may change its address for notice by performance of this Purchase Order, VENDOR written notice complying with the shall immediately give notice thereof, including all requirements of this section. relevant information with respects to what steps d) The Vendor agrees to reimbursement of any VENDOR is taking to complete delivery of the travel expenses that may be associated with goods and/or services to the COUNTY. this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem 15. Assignment and Travel Expenses for Public Officers, VENDOR may not assign this Purchase Order, employees and authorized persons. nor any money due or to become due without the e) In the event of any conflict between or prior written consent of the COUNTY. Any among the terms of any Contract Documents assignment made without such consent shall be related to this Purchase Order, the terms of deemed void. the Contract Documents shall take precedence over the terms of the Purchase 16. Taxes Order. To the extent any terms and /or Goods and services procured subject to this conditions of this Purchase Order duplicate Purchase Order are exempt from Florida sales or overlap the Terms and Conditions of the and use tax on real property, transient rental Contract Documents, the provisions of the property rented, tangible personal purchased or Terms and/or Conditions that are most rented, or services purchased (Florida Statutes, favorable to the County and/or provide the Chapter 212), and from federal excise tax. greatest protection to the County shall govern. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce #16-6537R Landscape Maintenance Page 22 of 38 Packet Page -451- 4/12/2016 16.A.7. Exhibit IV: Additional ITB Terms and Conditions 1. Additional Items and/or Services During the contract term, Collier County reserves the right to add related items and/or services upon negotiation of a satisfactory price by the Project Manager and Vendor. 2. Conflict of Interest Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation or obligations within the past five (5)years; whether paid or donated, which could be construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 3. Vendor Performance Evaluation Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of$25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. 4. Deductions for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. 5. 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. 6. 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. 7. Florida Wood Products The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. #16-6537R Landscape Maintenance Page 23 of 38 Packet Page -452- 4/12/2016 16.A.7. 8. 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. 9. Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 10. Licenses The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required licenses must be submitted with the bid response indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non-responsive. A Vendor with an office within Collier County is required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed to the Tax Collector's Office at (239) 252-2477. 11. Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. 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. 12. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. #16-6537R Landscape Maintenance Page 24 of 38 Packet Page -453- 4/12/2016 16.A.7. 13. Invoice and Payments Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(a�collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard —payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees)to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in #16-6537R Landscape Maintenance Page 25 of 38 Packet Page -454- 4/12/2016 16.A.7. compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 14. Survivability Bids (ITBs/RFPs): The Consultant/Contractor/Vendor agrees that any Work Order/Purchase Order that extends beyond the expiration date of Solicitation #16-6537R 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. 15. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in Insurance and Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services Office (ISO)forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. 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 #16-6537R Landscape Maintenance Page 26 of 38 Packet Page -455- 4/12/2016 16.A.7. also notify the County, in a like manner, within twenty-four(24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty(30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 15. Collier County Information Technology Requirements All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty-four(24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document that is required to be filled out and submitted with your bid response. This document can be found on the Collier County Purchasing Department website: www.colliergov.net/purchasinq. On the left hand side of the menu, click on CC Technical Requirements. If this document is not submitted with your bid response, your bid response may be deemed non-responsive. 16. Security and Background Checks If required, Vendor/ Contractor/ Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 17. Maintenance of Traffic Policy For all projects that are conducted within a Collier County Right-of-Way, the Vendor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS) on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through the Risk Management and/or Purchasing Departments and are available on-line at colliergov.net/purchasing. #16-6537R Landscape Maintenance Page 27 of 38 Packet Page -456- 4/12/2016 16.A.7. The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway&Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 18. Debris Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County's representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 19. Direct Material Purchase The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the County at its sole option may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Vendor: • Required quantities of material. • Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable • Pricing and availability of goods and/or materials provided under Vendor's agreements with material suppliers 20. Grant Compliance The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. 21. Equipment Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site. In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site. The County reserves the right to request and obtain documentation of the Vendor's cost, and to withhold payments until documentation is provided. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. All County-purchased equipment must be new and of current manufacture in production at the time of ITB opening, and carry standard warranties. At the time of delivery, at least two (2) #16-6537R Landscape Maintenance Page 28 of 38 Packet Page -457- 4/12/2016 16.A.7. complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County. #16-6537R Landscape Maintenance Page 29 of 38 Packet Page-458- 4/12/2016 16.A.7. Colter County Administrative Services Department Procurement Services Division Attachment 1: Vendor Submittal -Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department, 3327 Tamiami Trail East, Naples, Florida 34112. We are not responding to this ITB for the following reason(s): Solicitation: 16-6537R Annual Contract for Landscape Maintenance ❑ Services requested not available through our company. • Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood (too vague, rigid, etc.) n Project is too small. L Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Firm's Complete Legal Name Address City, State, Zip Telephone Number FAX Number Signature/Title Type Name of Signature Date: #16-6537R Landscape Maintenance Page 30 of 38 Packet Page -459- 4/12/2016 16.A.7. Coer County Administrative Services Department Pracurenient Sen-ices Division Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ' ITB. 12. The mailing envelope must be addressed to: Procurement Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: 16-6537R Annual Contract for Landscape Maintenance • Opening Date: February 5, 2016 13. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) 14. 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 BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature &Title Date #16-6537R Landscape Maintenance Page 31 of 38 Packet Page -460- 4/12/2016 16.A.7. Go#78T Coii.7zty Administrative Services Department Procurement Services Division Attachment 3: Vendor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 16-6537R Annual Contract for Landscape Maintenance Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to provide the following: *'t* SEE FOLLOWING PAGES *** Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net_ Days n Bid Response Form is electronic. Please input your prices online. ❑ Bid Response is as follows: If manually submitted, Please include the Bid Schedule in Excel spreadsheet format converted to PDF, and all other required ITB documents should be converted to PDF accordingly. Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Procurement Director for approval within fifteen (15) days after being notified of an award. #16-6537R Landscape Maintenance Page 32 of 38 Packet Page -461- 4/12/2016 16.A.7. IN WITNESS WHEREOF,WE have hereunto subscribed our names on this day of , 2016 in the County of , in the State of Firm's Complete Legal Name Address City, State, Zip Florida Certificate of Authority Document Number Federal Tax Identification Number CCR#or CAGE Code Telephone Number FAX Number Signature/Title Type Name of Signature Date Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address #16-6537R Landscape Maintenance Page 33 of 38 Packet Page -462- 4/12/2016 16.A.7. G ter County Administrative Services Department Procurement Services Division Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit Solicitation: 16-6537R Annual Contract for Landscape Maintenance (Check Appropriate Boxes Below) State of Florida(Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: 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 section. Vendor must complete the following information: Year Business Established in ['Collier County or❑ Lee County: Number of Employees (Including Owner(s)or Corporate Officers): Number of Employees Living in ❑ Collier County or❑ Lee (Including Owner(s)or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Address in Collier or Lee County: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) #16-6537R Landscape Maintenance Page 34 of 38 Packet Page -463- 4/12/2016 16.A.7. CoT er County Administrative Services Department Procurement Services Division Attachment 5: Vendor Submittal—Immigration Affidavit Solicitation: 16-6537R Annual Contract for Landscape Maintenance 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 I 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. #16-6537R Landscape Maintenance Page 35 of 38 Packet Page -464- 4/12/2016 16.A.7. CcIrier County Administrative Services Department Procurement SG'PLticces Division Attachment 6: Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address 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, t certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number #16-6537R Landscape Maintenance Page 36 of 38 Packet Page -465- 4/12/2016 16.A.7. Collier County Administrative Services Department Procurement Serm s Division Attachment 7: Vendor Submittal - Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000single 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 Contractor/Vendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. 4. ®Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence #16-6537R Landscape Maintenance Page 37 of 38 Packet Page -466- 4/12/2016 16.A.7. 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. GG for Jeff Walker 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 #16-6537R Landscape Maintenance Page 38 of 38 Packet Page -467- 4/12/2016 16.A.7. 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P 00 00O 00000 W V W W O W P W W W P W P W W W P o ,O , ^O N PM^3 ° COP W W n O<n O O% W VW W V W P A 'O W _mP P hN I, M V h N -,M P h N Q �h h h( ` N N O h P N P fO th ,LO N N V ^ (O R O z 2 a ^ a N ^ a a a a . 0 0 0 0 0 n L.4.1 111111111 11111111 111111111 ;-.1k, 11111'11 111111111 111111111 a a 11110 1111111 11111 111111 rl s- 0 111111111 11111111 111111111 I 11111111 . 111111111 111111111 i 414.1 a0 a iiiiiiii iiiiiiiii iiiiiii 0 a O 0 0 0 iii iiiiiii K 111111111 liiiiiil liiiiiii 5 w 00 o ii m J 0 d u 11T4 0 P a ! 7 I�� 1iiii1 T GT E,Q. T C T E W Q y- - O� f '0 d d i iühi j _igi i 0 t 0 L o W c O I 0 °. ° o- w ° 0 72 .- . -, o 0 o � >° s E rn '> ?A LL E E > EE E'm . EE & i , EE d EE a U • � d � C C r O ; d C d C 1 "O �7 O � c7 7 ° � aNO c° d a f N d ° c, ° co d i Uo r o -5a t Uco d � o o g `od R s d-28 v d 1 diTt-§ o Nc a b d , do d f , ddd i o t dd F • (1)(T G ; • ; p 7, 0 1I1 3X y uC•N tin S i{ `d y U y V I f:7S, 2 O tG CC j[4k n ' ' ,a HF . 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