Agenda 02/14/2017 Item #16E 702/14/2017
EXECUTIVE SUMMARY
Recommendation to reject bid responses received from Invitation to Bid (ITB) 16 -6697
Maintenance and Minor Repairs for Countywide use and to authorize County staff to re-solicit.
OBJECTIVE: To obtain a vendor(s) to complete maintenance and minor repairs for the County.
CONSIDERATIONS: Collier County is responsible for operating and maintaining a number of
facilities including general County Facilities, Courthouses, Jail Facilities, and the Emergency Services
Center, along with all related equipment requiring continuous operation and proper working condition.
Facilities Management is soliciting a vendor(s) to complete maintenance and minor repairs for these
facilities when in-house County staff is unavailable. No single job / project for maintenance and minor
repairs will exceed $25,000 and the agreement ultimately utilized is intended to cover such smaller
projects.
On October 18, 2016, the Procurement Services Division released notices of Invitation to Bid No. 16-
6697 to two thousand five hundred and four (2,504) companies, fifty-six (56) companies downloaded bid
packages, and four (4) companies submitted bids by the November 7, 2016 deadline. One company, FA
Remodeling and Repairs, Inc., was deemed non-responsive because the company failed to provide five
(5) years primary evidence of working in the business and the company did not submit evidence of three
(3) current customer references, which was a requirement of the bid submission. Two companies, Frank’s
Roofing and Spraying, Inc. and Weatherproofing Technologies only perform and complete roofing work
and do not provide maintenance and minor repairs for non-roofing projects. Roofing repairs is being
solicited under a separate bid and these vendors are not being recommended for award. Although the bid
submitted by CSS Construction Services, LLC was responsive, County staff believes that it is in the best
interest of the County to re-solicit this ITB in order to clarify the scope of work and revise the terms of
the solicitation to promote a larger pool of competitive submissions.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with
this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval. -SRT
RECOMMENDATION: That the Board of County Commissioners rejects the bid responses received
for Invitation to Bid (ITB) 16-6697 Maintenance and Minor Repair for Countywide use and authorizes
County staff to re-solicit with the redefined scope of work and revised terms.
Prepared by: Megan Gaillard, Internal Controls Manager, Facilities Management Division
ATTACHMENT(S)
1. ITB 16-6697 Maintenance and Minor Repair Solicitation (PDF)
2. ITB 16-6697 Bid Tabulation (XLSX)
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02/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.7
Item Summary: Recommendation to reject bid responses received from Invitation to Bid (ITB)
16-6697 Maintenance and Minor Repairs for Countywide use and to authorize County staff to re-solicit.
Meeting Date: 02/14/2017
Prepared by:
Title: Manager - Internal Controls – Facilities Management
Name: Megan Gaillard
01/29/2017 7:04 PM
Submitted by:
Title: Division Director - Facilities Mgmt – Facilities Management
Name: Dennis Linguidi
01/29/2017 7:04 PM
Approved By:
Review:
Administrative Services Department Pat Pochopin Level 1 Division Reviewer Completed 01/30/2017 8:53 AM
Facilities Management Dennis Linguidi Additional Reviewer Completed 01/30/2017 11:04 AM
Facilities Management Miguel Carballo Additional Reviewer Completed 01/30/2017 1:32 PM
Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 01/30/2017 1:43 PM
Procurement Services Rhonda Burns Additional Reviewer Completed 01/31/2017 10:36 AM
Procurement Services Brenda Brilhart Additional Reviewer Completed 01/31/2017 10:53 AM
Procurement Services Ted Coyman Additional Reviewer Completed 01/31/2017 4:30 PM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 01/31/2017 5:27 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 02/01/2017 8:16 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/01/2017 10:25 AM
Office of Management and Budget Laura Wells Additional Reviewer Completed 02/01/2017 10:55 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/01/2017 12:49 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/01/2017 1:31 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/14/2017 9:00 AM
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INVITATION TO BID
Date: October 18, 2016
From: Rhonda Burns, FCCN, CPPB, Procurement Strategist
(239) 252-8941 (Telephone)
(239) 252-6700 (FAX)
RhondaBurns@colliergov.net (Email)
To: Prospective Vendors
Subject: Solicitation: 16-6697 Maintenance and Minor Repairs
As requested by the Facilities Management Division, the Collier County Board of County
Commissioners Procurement Services Division 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
Procurement Services Division 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.
We look forward to your participation in Collier County’s competitive procurement
process.
cc: Megan Gaillard, Internal Controls, Facilities Management Division
Miguel Carballo, Manager, Facilities Management Division
Note: All ITB responses submitted by hand must include one (1) original labeled
MASTER, along with one (1) exact duplicate copies, including all required forms.
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Invitation to Bid
Index
Public Notice .............................................................................................................................. 3
Exhibit I: Scope of Work, Specifications and Response Format ............................................... 4
Exhibit II: General Bid Instructions ...........................................................................................13
Exhibit III: Standard Purchase Order Terms and Conditions ....................................................19
Exhibit IV: Additional ITB Terms and Conditions ......................................................................22
Attachment 1: Vendor Submittal - Vendor’s Non-Response Statement ....................................32
Attachment 2: Vendor’s Check List ..........................................................................................33
Attachment 3: Vendor Submittal - Bid Response Form ............................................................34
Attachment 4: Vendor Submittal – Local Vendor Preference Affidavit .......................................36
Attachment 5: Vendor Submittal – Immigration Affidavit ............................................................37
Attachment 6: Vendor Substitute W – 9 .....................................................................................38
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements ................................39
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Public Notice
Sealed bid responses for Solicitation 16-6697 Maintenance and Minor Repairs, will be
received electronically or manually only at the Collier County Government, Procurement
Services Division, 3327 Tamiami Trail E, Naples, FL 34112 until 2:30 PM, Collier County local
time on November 7, 2016. Solicitation responses received after the stated time and date will
not be accepted.
Solicitation 16-6697 Maintenance and Minor Repairs
All questions regarding this ITB must be submitted online on the Collier County Procurement
Services Division 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 Procurement Services Division Online Bidding
System website noted herein. ITB Documents obtained from sources other than Collier
County Procurement Services Division may not be accurate or current.
Collier County encourages vendors to utilize recycled paper on all manual bid response
submittals.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Allison Kearns
Interim Director, Procurement Services Division
Publicly posted on the Collier County Procurement Services Division website:
www.colliergov.net/purchasing and in the lobby of the Procurement Services Division Building
on October 18, 2016.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Facilities Management Division (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 Vendor/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 Procurement Ordinance, as amended.
Brief Description of Purchase
Collier County Divisions are responsible for maintaining various County owned and leased buildings
and facilities throughout Collier County. In order to maintain the integrity and continuous operation of
these facilities, the County intends to award an Agreement to perform:
1. Maintenance Services;
2. Minor Repairs;
3. Minor New Construction;
4. Minor Renovations; and
5. Miscellaneous Installations
The County reserves the right to select one, or more than one Contractor, for a single service, or for
multiple services. Should the County award the services to two (2) or more Contractors, and one of
the Contractor(s) consistently does not satisfactorily perform their assigned responsibilities, the
County retains the right and authority to reassign work to one of the other awarded Contractors so as
not to leave the County facilities or equipment vulnerable or in disrepair. While the County intends to
use the Contractor(s) awarded as a part of this solicitation, the County reserves the right at any time
to request additional quotes or bids from other contractors [per the Board’s Procurement Ordinance].
Historically, the County intended to spend approximately $200,000 per annual fiscal year, for the
services described in this solicitation. It is anticipated, based on increased needs, that the
approximate annual spend will increase each Fiscal Year and will be based on the County’s needs
and available budget.
Detailed Scope of Work
The intent of this solicitation is that the County owned and operated facilities experience minimal
down time and be maintained in top operating condition.
A qualified bidder will provide minor repair services, minor construction, minor renovation and
installation services, maintenance services, and emergency, and on-call repair services including, but
not limited to:
• Door repair and/or installation including but not limited to;
o Sliding doors
o Standard office doors
o Building entrance doors
o Automatic doors
o Handicap doors
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o Roll down doors and window roll downs
• Window replacements and repairs;
o Roll down windows
o Glass windows
o Grates or shutters for windows
o Tinting glass windows
• Shutter replacements and repairs;
• Pressure washing services;
• Construction and/or installations of cabinets;
• Drywall repair and/or installation;
• Carpentry services and/or minor carpentry repairs;
• Fire place and tank inspections, as well as, repairs, replacements, and installations;
o Not being able to perform this service will not disqualify a bidder
• Fish tank repairs, replacements, and installations;
o Not being able to perform this service will not disqualify a bidder
• Water fountain repairs, replacements, and installations;
o Not being able to perform this service will not disqualify a bidder
• Installation and replacement of ceiling tiles;
• Gutter repairs and/or installation;
• Gutter cleaning;
• Furniture repairs and/or office furniture installations;
o Also, may include the removal or relocation of furniture
• Minor painting, in conjunction with the project, and not intended for specific painting
services under the painting contract
• Flooring repairs and/or replacement including but not limited to;
o Carpets
o Tile
o Hardwood
o Decking
o VCT / Vinyl / Linoleum
• Minor renovation work and/or new construction work for office renovations and building
additions, including the following services in conjunction with the project, however these
services are not intended to replace specific services under an existing contract;
o Minor plumbing services including repairs, replacements, and installations;
o Minor HVAC services including repairs, replacements, and installations;
o Minor electrical services including repairs, replacements, and installations;
o May also include hanging pictures, poster boards, dry erase boards, cork boards,
etc.
o Installation of projectors and projection screens
• Minor welding services including repairs, replacements, and installations;
• New construction work for office renovations and building additions;
• Exterior and/or interior wall repairs;
• Exterior building wall services including concrete stucco, aluminum siding, and/or fascia;
• Installation of exterior building fixtures;
• Minor repairs for aluminum sheds and carport repairs;
• Minor fencing repairs and/or small installation fence projects;
• Sign and post repair; and
• Glass, window, or mirror repairs and/or installation.
No single job may exceed $25,000. Work will be distributed in order of award, Primary, Secondary,
and Tertiary for all time and materials work.
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Bidder(s) may also be required to use to the County’s Work Management procedures, such as
utilizing work order forms or future online work order system, at no additional cost to the County or
Contractor. The Contractor will be responsible for utilizing any systems used by the County for work
orders under the resultant Agreement, when applicable.
All bidders must provide requested certifications and licenses necessary to perform the services
outlined in the bid specifications, if applicable.
The awarded Contractor(s) shall use qualified technicians to complete all work in accordance with the
requirements specified in the bid. Hourly time will be paid only for actual time at the worksite. Travel
time will not be an allowable item. Technician credentials may be requested by the County.
Following the maintenance and/or minor repairs, the Contractor will provide a written report / check list
will be provided to the Division detailing the results of the inspection, services completed, and making
specific recommendations for future remedial action, upgrades, etc.
All facility maintenance or related repairs are required to be completed in accordance with the
manufacturer’s recommendations, if applicable. Actual records must be provided for payment. These
records will include but not be limited to: a summary spreadsheet for each unit services with the date
of service and an attestation signed by the awarded Contractor(s).
Typically, maintenance and minor repairs (non-emergency) will be completed during normal business
hours; however, the County may request services during off-hours, as deemed necessary by the
County representative or designee. After hours are considered before 7:00 AM and after 5:00 PM.
Normal business hours are considered between 7:00am and 5:00pm. An after-hours rate will be
allowed for off-hours maintenance and repair, if necessary and first approved in writing by the County
representative or designee.
ON-CALL SERVICES (for regular and emergency maintenance, repair, and replacement
identified in the scope of work):
The two types of maintenance, repair, and replacement services required are:
• On-Call Repair Work: The County representative or designee will provide a scope of work
to be performed to the Contractor(s) and request that a “time and materials”” quote be
provided. The County expects that for on-call repair work, the contractor provides a price
quote within a reasonable time (one to two business days) from the point of initial contact.
Once a purchase order is issued, the County representative or designee would expect that
the on-call service for regular maintenance, repair and replacement commence within five
(5) business days, unless otherwise directed by the County representative or designee. In
the event that the Contractor does not fulfill these response requirements, the County
reserves the right to contact other Contractor(s) to perform the scope of work.
• Emergency Repair Work: The County representative or designee will identify the needed
maintenance, repair, and replacement for the life, health, safety or equipment/facility
emergency and request that work be completed as soon as reasonably practicable. The
County representative or designee may direct the Contractor to commence work through a
verbal direction; and a purchase order will be issued to the Contractor as soon as possible.
All emergency repair work will be completed on a time and materials based on the
contracted pricing schedule. If any repair is deemed an emergency, all parts must be
shipped overnight (County will pay the overnight shipping costs) and repairs are to start
immediately upon the part being received at the applicable rates.
In each scope of work the County representative or designee reserves the right to specify: the period
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of completion; collection of deductions / fines or actual costs in the event of late completion and/or
non-compliant performance and/or vendor caused damages; and “time and material” sums.
• “Time and material” quote is requested, the Contractor shall provide:
A not-to-exceed total cost by line item for the scope of work including a brief
description of the work to be completed;
The expected number of work hours by each position (and the hourly rate) and the
extended total;
The breakdown of the cost for supplies, parts and equipment used for the scope of
work; the Contractor must provide itemized documentation of any supply, part or
piece of equipment with their invoice.
If applicable, a percent mark-up of subcontractor’s labor, subcontractor supplies /
materials, subcontractor equipment, contractor equipment or rental equipment,
contractor supplies / materials, etc. may be included; the Contractor must provide
itemized documentation (including the subcontractor’s invoice) of any
subcontractor’s labor, supplies / materials, and equipment.
The County agrees to pay the Contractor for the amount of labor time spent by the
Contractor's employees, (number of hours times hourly rate), and for materials and
equipment used in the project (cost of materials plus the Contractor's mark-up).
Subcontractors will be paid by the contractor according to their submitted invoice(s)
then the contractor will be allowed to charge a markup accordingly.
As a general business practice, the time and material invoices would include back-
up documentation for costs for supplies/materials, equipment rental,
subcontractors, etc. Invoices would include number of hours worked and billing rate
by position (and not company (or subcontractor) timekeeping or payroll records),
material or equipment invoices, and other reimbursable documentation for the
project.
Taxes, related fees, and ancillary charges may be transferred to the County in the
actual amount; however, mark-ups will not be allowed. Mark-ups will not be allowed
on sales tax, consumer fees or taxes, use and other similar taxes, or fees
associated with any work under the resultant Agreement.
Freight and shipping charges will be allowed if included in the quote and only
allowed to the amount support by back-up documentation. No mark-up will be
allowed for freight or shipping charges.
It shall be the contractor’s responsibility to ensure that all information needed to
prepare accurate quotes is requested. Failure to obtain information will not be
sufficient to allow a change order for increased pricing or costs.
Contractors Responsibilities
The Contractor(s) awarded for maintenance and minor repair services, emergency, and for on-call
services will provide:
1. All necessary labor, materials, equipment, tools, consumables, transportation, skills, and
incidentals required for the maintenance services, repairs, and on-call services for the
County’s systems. Except as noted herein, travel, fees and surcharges will not be accepted in
conjunction with the resultant Agreement, and such charges should be incorporated into the
pricing structure. A contractor will not be allowed to bill for administrative hours for invoicing,
providing back-up and supporting documentation, etc.
All work shall be a “turn-key” operation to include all repairs, site clean-up, and restoring the
work area to its original condition. The resultant Agreement will provide for any services
deemed necessary to complete the job, through means of Contractor(s) in-house expertise or
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sub-contracted work as needed (back-up documentation will be required for sub-contracted
work). The Contractor(s) shall ensure that all areas and equipment be kept clean and free
from dirt, dust and debris.
Where necessary, work shall include proper permitting, as required, and the Contractor(s)
shall be responsible for permit submissions, unless otherwise instructed by the County.
Permit fees may be included as a line item on invoices/quotes with no markup.
The Contractor(s) will maintain sufficient personnel to accomplish County’s work schedule.
2. The Contractor will use technicians who are trained and experienced. The Contractor’s
technicians will be available for response twenty-four (24) hours a day, seven (7) days a week,
365 days per year for any emergency repairs. The Contractor(s) shall provide the County with
an on-call telephone number for emergency service. The Contractor(s) shall employ an
adequate staff of approved technicians to provide service taking into account vacation and
other leaves.
3. Response time: Emergency response shall be provided in no more than four (4) hours from
the time of the call. Non-emergency response within eight (8) hours is acceptable. For on-call
repairs, the Contractor must be on-site and repairs begun within five (5) days of the purchase
order being issued for all areas unless the County Representative approves a different amount
of time for response.
4. The Contractor must use a qualified engineer or company representative (with all related
licenses and certifications being current and in full force and effect) with the experience and
ability to "pull" all permits required for any and all system renovations, when necessary and
applicable.
5. Call Schedule: Contractor(s) awarded will provide an on-call schedule twenty-four (24) hours
a day, seven (7) days per week, 365 days per year. Successful bidder(s) shall provide the
County with an on-call telephone number(s) for both standard and emergency service.
6. Replacement/ Repair Parts: All replacement/ repair parts must be as specified in the work
order. If the work order is not specific and/or the Collier County Vertical Standards do not
specify, then the parts must be approved prior to the Project Manager, or Designee. The
Contractor(s) will be required to provide proof of the materials/supplies supplied by providing
invoices and/or photographs at the time of invoice submission.
The Contractor(s) shall be required to expressly warrant that all replacement are new and free
from defects, warranted for their merchantability and meet the performance specifications of
the original parts. In the event a portion, or all of an order, is found to be defective when
delivered and/ or installed, the Contractor shall immediately replace the parts at no cost to the
County.
7. Warranties: All new parts warranty work shall be provided by the original warranty supplier. All
warranty responsibility for previously purchased, but still under warranty, parts will continue to
be provided by the original warranty supplier until expiration of the warranty period. Upon
expiration of the warranty period, responsibility for maintenance shall automatically transfer to
the Contractor, unless otherwise directed by the County representative or designee, if
applicable.
Parts, replacement parts, and fixtures shall be new and warranted for a minimum of one (1)
year, or the maximum allowed by the manufacturer. All labor for repairs shall have a minimum
ninety (90) day warranty.
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8. Additions and Deletions of Equipment: The County retains the right to add or to delete any
equipment or facilities from service provided under the resultant Agreement as described
herein, upon written notification by the County designee to the Contractor. Any additions or
deletions shall be handled by letter from the County representative or designee and approved
by the Procurement Strategist.
9. Records and Documentation: The Contractor(s) is responsible to maintain and update
records for each type of equipment serviced. The documentation will include, and not be
limited to, records of all service calls, maintenance performed, and any system modifications, if
applicable. The Contractor(s) will not charge for any call back work. All recovery reports shall
be sent to the County contract representative or their designee, noting date, type, quantity,
location, and disposal information.
10. Inspections: The County and the Contractor(s) may conduct an inspection of the completed
services provided in response to any resulting purchase order. Any deficiencies noted during
an inspection shall be corrected before final acceptance. Such deficiencies will be corrected
within 24 hours after receipt of notification, at the Contractor’s expense, or the County may
follow the provisions in Section 11c (below). Deductions may be imposed at the time of initial
notification for lack of performance.
If the Contractor(s) fails to correct the defects within this time frame, the County shall be
entitled to have the work remedied, charge a deduction / fine (see Section 11 Performance
Measures and Section 12 Contract Deductions), and the Contractor(s) shall be fully liable for
all costs and expenses reasonably incurred by the County.
11. Performance Measures: The Contractor shall maintain compliance with the following
performance measures:
a. The Contractor(s) will provide 100% of all required reports and records within the time
frame specified to the County, or their designee.
b. The Contractor(s) will advise the County, in writing, of any extenuating circumstances
that will prohibit the Contractor from meeting the above-outlined performance measures.
c. The Contractor(s) will furnish all necessary labor, tools, equipment and services to
perform contracted services specified in the resultant Agreement. The term contract
officer or project manager as used herein, shall mean the County Representative or
designee. The Division Management and/or County Representative shall be the final
authority on any issues that may arise as to the quality and acceptability of any work
performed under the resultant Agreement. If, in the opinion of the County Representative
or designee, any part of the Contractor’s performance becomes unsatisfactory; the
County may be assessed after a minimum of one written warning levy a deduction on the
Contractor’s invoice for lack of service. This deduction will be one hundred and fifty
dollars ($150) per occurrence, per day, plus actual cost to correct the violation; as further
defined in Section 12. Contract Deductions. There will be no cost to the County for re-
works or for the vendor to resolve performance issues.
The County shall have the immediate right to complete the work to its satisfaction,
through the use of County employees or outside contractors as deemed necessary, the
total sum of the County employee’s hours and materials cost(s) and/or outside vendor
invoices shall be immediately deducted from the Contractor’s invoice.
12. Contract Deductions: It is the County’s intent to have all tasks performed satisfactorily and
completed in accordance with the specifications and frequencies set forth under the resultant
Agreement and in compliance with Section 11. Performance Measures. It is important that the
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Contractor(s) perform all tasks as prescribed. If any tasks are omitted or not performed
satisfactorily and completely and with the frequency designated by the resultant Agreement,
the entire affected area as defined solely by the designated County representative or designee
shall be found to be a non-performance area and a deduction shall be levied.
Any deduction may be assessed after a minimum of one written warning.
The deduction will be one hundred and fifty dollars ($150) per occurrence, per day, plus actual
cost, including County employees labor, materials cost, outside vendor cost and any other
costs for the correction of the violation.
Deductions shall be administered through the County Representative or designee. Should the
Contractor wish to appeal these charges, they may do so in writing to the County
representative’s Manager within three (3) days of receiving the fine / deduction notification.
The appeal should state dates, times and other associated facts, along with a clear description
of their argument or disagreement with the fine. The appeal should also reference this bid
document and / or other supporting documentation. Should the appeal be rejected by the
County’s Representative’s Manager within three (3) days, the next appeal may then be made
to the County Representative’s Director within three (3) days. Each of these appeals should
be made within three (3) days of the incident or notification (for the appeal to the Division). If a
resolution cannot be obtained through the Division Management Appeal process, the
Contractor will have the right to appeal within three (3) days to the Procurement Services
Division.
If the County does not reject the appeal in the timeframe listed above, the waiver of deduction
will be granted.
13. Clean-up: The Contractor(s) shall be responsible for removing all debris from the site and
cleaning affected areas. The Contractor(s) shall keep the premises free of debris and
unusable materials resulting from their work and as work progresses; or upon request by the
County’s representative, shall remove such debris and materials from the property. The
Contractor(s) shall leave all affected areas as they were prior to beginning work. There will be
no cost to the County for clean-up. If the Contractor(s) does not follow this provision, there will
be a deduction of one hundred and fifty dollars ($150) per occurrence, per day, plus actual
cost to correct the violation.
14. Equipment Inventory: The Contractor(s) shall, under no circumstances, remove any
equipment containing a County asset sticker. The Contractor(s) shall request that, when
replacing equipment, the asset sticker be removed by an appropriate County staff member
authorized to adjust equipment inventory records.
15. Responsive: The following items shall be produced with the submission of the bid or
before the award of the resultant contact and will be evaluated by the County to deem
responsive:
a. Provide evidence of five (5) years of primary experience working in the sections
listed in the scope.
b. Provide at least three (3) current customer references, including names, addresses,
phone numbers and email addresses.
c. The Contractor(s) must have the ability to operate business in the State of Florida
as evidenced by a State of Florida registration. Contractor must obtain
documentation prior to issuance of the resultant Agreement.
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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 Procurement Services Division reserves the right to clarify a vendor’s proposal
prior to the award of the solicitation.
• It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s).
• For the purposes of determining the bidder with the lowest price for award purposes only the
following methodology will be used:
Lowest Price Entered in Line 12 of the Bid Schedule which represents the Maintenance
and Minor Repair Services TOTAL
• Collier County reserves the right to select one, or more than one Contractors, however, it is
the intent to select a Primary, Secondary, and Tertiary contracts.
• The County reserves the right to issue a formal contract or standard County Purchase Order
for the award of this solicitation.
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 the resultant 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 may be based upon multiple factors: market conditions
and rate, budget availability, and program manager approval, or a combination thereof.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
Projected Timetable
Event Date
Issue Solicitation Notice October 18, 2016
Last Date for Receipt of Written Questions October 31, 2016,
4:00 PM Naples Local
Time
Addendum Issued Resulting from Written Questions TBA
Solicitation Deadline Date and Time November 7, 2016,
2:30 PM Naples Local
Time
Anticipated Evaluation of Submittals November 2016
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Anticipated Board of County Commissioner’s Contract
Approval Date
November 2016
Vendor Required Documents
• Attachment 2: Vendor’s Check List
• Attachment 3: Vendor Bid Response Form
• Attachment 4: Local Vendor Preference
• Attachment 5: Immigration Law Affidavit
• Attachment 6: Vendor Substitute W-9
• Attachment 7: Insurance and Bonding Requirement
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Exhibit II: General Bid Instructions
1. Purpose/Objective
As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier
County Board of County Commissioners Procurement Services Division (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.
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5. Discounts
Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be
considered in the award of tie bids. In no instance should payment terms less than fifteen (15)
calendar days be offered.
6. Exceptions
Vendors taking exception to any part or section of these specifications shall indicate such
exceptions on a separate sheet entitled “EXCEPTIONS TO SPECIFICATIONS.” Failure to
indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully
comply with the specifications as written. The County, at its sole discretion, shall determine if the
exceptions are material in nature, and if the Vendor’s exceptions may be declared grounds for
rejection of bid proposal.
7. Addenda
The County reserves the right to formally amend and/or clarify the requirements of the bid
specifications where it deems necessary. Any such addendum/clarification shall be in writing and
shall be distributed electronically to all parties who received the original bid specifications 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
Procurement Services Division 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 Procurement Services Division
Online Bidding System: www.colliergov.net/bid.
If you chose to submit your bids manually:
All paper bids shall be submitted to the County Procurement Director, Collier County Government,
Procurement Services Division, 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 Procurement Services Division Internet bid site.
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9. Questions
If the vendor should be of the opinion that the meaning of any part of the Bid Document is
doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement
Strategist before the bid opening date. Direct questions related to this ITB only to the Collier
County Procurement Services Division 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 Procurement Services Division 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
with the Procurement Director prior to the time of the bid opening strictly in accordance with the
County’s then current Procurement 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 Procurement 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.
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Under this solicitation, bidders desiring to receive local preference will be invited and required to
affirmatively state and provide docum entation as set f orth in the solicitation in support of their
status as a local business. Any bidder who fails to submit sufficient docum entation 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, m andates to the
contrar y, Collier County and its agencies and instrumentalities, will give preference to local
businesses in the f ollowing manner.
Competitive bid (local price match option). Each formal competitive bid solicitation shall
clearly identif y how the price order of the bids received will be evaluated and determined.
W hen a qualif ied 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 subm itted by the non-local business, then the local business with the apparent lowest bid
offer (i.e., the lowest local bidder) s hall 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 f irst verif y if the lowest non-local bidder and the lowest local bidder
are in fact qualified and responsive bidders. Next, the Procurement Services Division shall
determine if the lowest local bidder meets the requirem ents of Fla. Stat. Sec.287.087
(Preferences to businesses with drug-free workplace programs). If the lowest local bidder meets
the requirem ents of Fla. Stat. Sec. 287.087, the Procurement Services Division 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 f ully matches the lowest bid, less
one (1) dollar, from the lowest non-local bidder tendered previously, then award shall be m ade
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
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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 Procurement Services Division an executed affidavit
certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation
documents. If the Bidder/Vendor does not comply with providing both the acceptable E-
Verify evidence and the executed affidavit the bidder’s / vendor’s proposal may be deemed
non-responsive.
Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all
purchases not covered under the “Exceptions to the program” clause above.
For additional information regarding the Employment Eligibility Verification System (E-Verify)
program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor’s
responsibility to familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act of
1986 as located at 8 U.S.C. 1324, et 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 Procurement Services Division.
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.org/search.html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
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.
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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 Procurement Ordinance. Award
recommendations will be posted outside the offices of the Procurement Services Division as well
as on the Collier County Procurement Services Division 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.
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Exhibit III: Standard Purchase Order Terms and Conditions
1. Offer
This offer is subject to cancellation by the
COUNTY without notice if not accepted by
VENDOR within fourteen (14) days of issuance.
2. Acceptance and Confirmation
This Purchase Order (including all documents
attached to or referenced therein) constitutes
the entire agreement between the parties, unless
otherwise specifically noted by the COUNTY on
the face of this Purchase Order. Each delivery of
goods and/or services received by the COUNTY
from VENDOR shall be deemed to be upon the
terms and conditions contained in this Purchase
Order.
No additional terms may be added and Purchase
Order may not be changed except by written
instrument executed by the COUNTY. VENDOR
is deemed to be on notice that the COUNTY
objects to any additional or different terms and
conditions contained in any acknowledgment,
invoice or other communication from VENDOR,
notwithstanding the COUNTY’S acceptance or
payment for any delivery of goods and/or
services, or any similar act by VENDOR.
3. Inspection
All goods and/or services delivered hereunder
shall be received subject to the COUNTY’S
inspection and approval and payment therefore
shall not constitute acceptance. All payments are
subject to adjustment for shortage or rejection.
All defective or nonconforming goods will be
returned pursuant to VENDOR'S instruction at
VENDOR’S expense.
To the extent that a purchase order requires a
series of performances by VENDOR, the
COUNTY prospectively reserves the right to
cancel the entire remainder of the Purchase
Order if goods and/or services provided early in
the term of the Purchase Order are
non-conforming or otherwise rejected by the
COUNTY.
4. Shipping and Invoices
a) All goods are FOB destination and must be
suitably packed and prepared to secure the
lowest transportation rates and to comply
with all carrier regulations. Risk of loss of
any goods sold hereunder shall transfer to
the COUNTY at the time and place of
delivery; provided that risk of loss prior to
actual receipt of the goods by the COUNTY
nonetheless remain with VENDOR.
b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
Unless otherwise provided in Purchase
Order, no invoices shall be issued nor
payments made prior to delivery. Unless
freight and other charges are itemized, any
discount will be taken on the full amount of
invoice.
c) All shipments of goods scheduled on the
same day via the same route must be
consolidated. Each shipping container must
be consecutively numbered and marked to
show this Purchase Order number. The
container and Purchase Order numbers must
be indicated on bill of lading. Packing slips
must show Purchase Order number and
must be included on each package of less
than container load (LCL) shipments and/or
with each car load of equipment. The
COUNTY reserves the right to refuse or
return any shipment or equipment at
VENDOR’S expense that is not marked with
Purchase Order numbers. VENDOR agrees
to declare to the carrier the value of any
shipment made under this Purchase Order
and the full invoice value of such shipment.
d) All invoices must contain the Purchase Order
number and any other specific information as
identified on the Purchase Order. Discounts
of prompt payment will be computed from the
date of receipt of goods or from date of
receipt of invoices, whichever is later.
Payment will be made upon receipt of a
proper invoice and in compliance with
Chapter 218, Fla. Stats., otherwise known as
the “Local Government Prompt Payment
Act,” and, pursuant to the Board of County
Commissioners Purchasing Policy.
5. Time Is Of the Essence
Time for delivery of goods or performance of
services under this Purchase Order is of the
essence. Failure of VENDOR to meet delivery
schedules or deliver within a reasonable time, as
interpreted by the COUNTY in its sole judgment,
shall entitle the COUNTY to seek all remedies
available to it at law or in equity. VENDOR
agrees to reimburse the COUNTY for any
expenses incurred in enforcing its rights.
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VENDOR further agrees that undiscovered
delivery of nonconforming goods and/or services
is not a waiver of the COUNTY’S right to insist
upon further compliance with all specifications.
6. Changes
The COUNTY may at any time and by written
notice make changes to drawings and
specifications, shipping instructions, quantities
and delivery schedules within the general scope
of this Purchase Order. Should any such change
increase or decrease the cost of, or the time
required for performance of the Purchase Order,
an equitable adjustment in the price and/or
delivery schedule will be negotiated by the
COUNTY and VENDOR. Notwithstanding the
foregoing, VENDOR has an affirmative obligation
to give notice if the changes will decrease costs.
Any claims for adjustment by VENDOR must be
made within thirty (30) days from the date the
change is ordered or within such additional
period of time as may be agreed upon by the
parties.
7. Warranties
VENDOR expressly warrants that the goods
and/or services covered by this Purchase Order
will conform to the specifications, drawings,
samples or other descriptions furnished or
specified by the COUNTY, and will be of
satisfactory material and quality production, free
from defects and sufficient for the purpose
intended. Goods shall be delivered free from any
security interest or other lien, encumbrance or
claim of any third party. These warranties shall
survive inspection, acceptance, passage of title
and payment by the COUNTY.
8. Statutory Conformity
Goods and services provided pursuant to this
Purchase Order, and their production and
transportation shall conform to all applicable
laws, including but not limited to the Occupational
Health and Safety Act, the Federal
Transportation Act and the Fair Labor Standards
Act, as well as any law or regulation noted on the
face of the Purchase Order.
9. Advertising
No VENDOR providing goods and services to the
COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and/or
services, or appropriate or make use of the
COUNTY’S name or other identifying marks or
property without the prior written consent of the
COUNTY’S Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless the
COUNTY from any and all claims, including
claims of negligence, costs and expenses,
including but not limited to attorneys' fees, arising
from, caused by or related to the injury or death
of any person (including but not limited to
employees and agents of VENDOR in the
performance of their duties or otherwise), or
damage to property (including property of the
COUNTY or other persons), which arise out of or
are incident to the goods and/or services to be
provided hereunder.
11. Warranty of Non-Infringement
VENDOR represents and warrants that all goods
sold or services performed under this Purchase
Order are: a) in compliance with applicable laws;
b) do not infringe any patent, trademark,
copyright or trade secret; and c) do not constitute
unfair competition.
VENDOR shall indemnify and hold harmless the
COUNTY from and against any and all claims,
including claims of negligence, costs and
expense, including but not limited to attorneys'
fees, which arise from any claim, suit or
proceeding alleging that the COUNTY’S use of
the goods and/or services provided under this
Purchase Order are inconsistent with VENDOR'S
representations and warranties in section 11 (a).
If any claim which arises from VENDOR'S breach
of section 11 (a) has occurred, or is likely to
occur, VENDOR may, at the COUNTY’S option,
procure for the COUNTY the right to continue
using the goods or services, or replace or modify
the goods or services so that they become
non-infringing, (without any material degradation
in performance, quality, functionality or additional
cost to the COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall provide
commercial insurance of such type and with such
terms and limits as may be reasonably
associated with the Purchase Order. Providing
and maintaining adequate insurance coverage is
a material obligation of the VENDOR. All
insurance policies shall be executed through
insurers authorized or eligible to write policies in
the State of Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all
federal, state, and local laws, rules, codes, and
ordinances that are applicable to the conduct of
its business. By way of non-exhaustive example,
this shall include the American with Disabilities
Act and all prohibitions against discrimination on
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the basis of race, religion, sex creed, national
origin, handicap, marital status, or veterans’
status. Further, VENDOR acknowledges and
without exception or stipulation shall be fully
responsible for complying with the provisions of
the Immigration Reform and Control Act of 1986
as located at 8 U.S.C. 1324, et seq. and
regulations relating thereto, as either may be
amended. Failure by the awarded firm(s) to
comply with the laws referenced herein shall
constitute a breach of the award agreement and
the County shall have the discretion to
unilaterally terminate said agreement
immediately. Any breach of this provision may
be regarded by the COUNTY as a material and
substantial breach of the contract arising from
this Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in
performance resulting from any cause beyond
their control, including, but without limitation to
war, strikes, civil disturbances and acts of nature.
When VENDOR has knowledge of any actual or
potential force majeure or other conditions which
will delay or threatens to delay timely
performance of this Purchase Order, VENDOR
shall immediately give notice thereof, including all
relevant information with respects to what steps
VENDOR is taking to complete delivery of the
goods and/or services to the COUNTY.
15. Assignment
VENDOR may not assign this Purchase Order,
nor any money due or to become due without the
prior written consent of the COUNTY. Any
assignment made without such consent shall be
deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida sales
and use tax on real property, transient rental
property rented, tangible personal purchased or
rented, or services purchased (Florida Statutes,
Chapter 212), and from federal excise tax.
17. Annual Appropriations
The COUNTY’S performance and obligation to
pay under this Purchase Order shall be
contingent upon an annual appropriation of
funds.
18. Termination
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order
may be terminated immediately by the COUNTY
for breach by VENDOR of the terms and
conditions of this Purchase Order, provided that
COUNTY has provided VENDOR with notice of
such breach and VENDOR has failed to cure
within 10 days of receipt of such notice.
19. General
a) This Purchase Order shall be governed by
the laws of the State of Florida. The venue
for any action brought to specifically enforce
any of the terms and conditions of this
Purchase Order shall be the Twentieth
Judicial Circuit in and for Collier County,
Florida
b) Failure of the COUNTY to act immediately in
response to a breach of this Purchase Order
by VENDOR shall not constitute a waiver of
breach. Waiver of the COUNTY by any
default by VENDOR hereunder shall not be
deemed a waiver of any subsequent default
by VENDOR.
c) All notices under this Purchase Order shall
be sent to the respective addresses on the
face page by certified mail, return receipt
requested, by overnight courier service, or by
personal delivery and will be deemed
effective upon receipt. Postage, delivery and
other charges shall be paid by the sender. A
party may change its address for notice by
written notice complying with the
requirements of this section.
d) The Vendor agrees to reimbursement of any
travel expenses that may be associated with
this Purchase Order in accordance with
Florida Statute Chapter 112.061, Per Diem
and Travel Expenses for Public Officers,
employees and authorized persons.
e) In the event of any conflict between or
among the terms of any Contract Documents
related to this Purchase Order, the terms of
the Contract Documents shall take
precedence over the terms of the Purchase
Order. To the extent any terms and /or
conditions of this Purchase Order duplicate
or overlap the Terms and Conditions of the
Contract Documents, the provisions of the
Terms and/or Conditions that are most
favorable to the County and/or provide the
greatest protection to the County shall
govern.
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Exhibit IV: Additional ITB Terms and Conditions
1. Additional Items and/or Services
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. Termination
Should the Contractor be found to have failed to perform services in a manner satisfactory to the
County, the County may terminate this Agreement immediately for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance. In the event that the award of this solicitation is made by the
Procurement Services Director, the award and any resultant purchase orders may be terminated
at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant
to the Board’s Procurement Ordinance.
6. 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.
7. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub
vendors shall be responsible for the safety of their employees and any unsafe acts or conditions
that may cause injury or damage to any persons or property within and around the work site. All
firewall penetrations must be protected in order to meet Fire Codes.
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Collier County Government has authorized OSHA representatives to enter any Collier County
facility, property and/or right-of-way for the purpose of inspection of any Vendor’s work operations.
This provision is non-negotiable by any department and/or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and
PPE Protective labels.
8. 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.
9. Public Records Compliance
Florida Public Records Law Chapter 119, including specifically those contractual requirements in
119.0701(2)(a)-(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency’s custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the Contractor does not
transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency’s custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
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10. 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.
11. 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.
12. 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.
13. 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.
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14. Invoice and Payments
The County’s project manager reserves the right to establish any one, or a combination of, these
industry practices for contracts or purchase orders:
Time and Materials: the County agrees to pay the contractor for the amount of labor time
spent by the contractor's employees and subcontractors to perform the work (number of hours
times hourly rate), and for materials and equipment used in the project (cost of materials plus
the contractor's mark up). This methodology is generally used in projects in which it is not
possible to accurately estimate the size of the project, or when it is expected that the project
requirements would most likely change. As a general business practice, these contracts
include back-up documentation of costs; invoices would include number of hours worked and
billing rate by position (and not company (or subcontractor) timekeeping or payroll records),
material or equipment invoices, and other reimbursable documentation for the project.
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).
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@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
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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
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.
15. Survivability
Bids (ITBs/RFPs): The Contractor agrees that any Work Order/Purchase Order that extends
beyond the expiration date of Solicitation 16-6697 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.
16. 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.
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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
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
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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 Procurement Services Division website: www.colliergov.net/purchasing. On the left
hand side of the menu, click on CC Technical Requirements. If this document is not submitted with
your bid response, your bid response may be deemed non-responsive.
16. Security and Background Checks
The Contractor is required to comply with County Ordinance 2004-52, as amended. Background
checks are valid for five (5) years and the Contractor shall be responsible for all associated costs.
If required, Contractor shall be responsible for the costs of providing background checks by the
Collier County Facilities Management Division 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.
All of Contractor’s employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and properties.
Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed
each year at no cost to the Contractor during the time period in which their background check is
valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s
business.
The Contractor shall immediately notify the Collier County Facilities Management Division via e-
mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates
from their employment. This notification is critical to ensure the continued security of Collier
County facilities and systems. Failure to notify within four (4) hours of separation may result in a
deduction of $500 per incident.
CCSO requires separate fingerprinting prior to work being performed in any of their locations.
This will be coordinated upon award of the contract. If there are additional fees for this process,
the vendor is responsible for all costs.
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 Procurement Services
Division and are available on-line at colliergov.net/purchasing.
The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT
Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar
with their requirements. Strict adherence to the requirements of the Maintenance of Traffic
(“MOT”) policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
18. Debris
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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 by the County, 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,
unless otherwise agreed in writing by the Project Manager.
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, unless otherwise agreed in writing by the Project Manager. The County reserves the
right to request and obtain documentation of the Vendor’s cost for time and material projects, and
to withhold payments until documentation is provided.
All County-purchased equipment must be new and of current manufacture in production at the
time of bid opening, and carry industry standard warranties. At the time of delivery, at least two (2)
complete shop repair manuals and parts lists must be furnished with each type of equipment.
Vendor must service all equipment prior to delivery and/or acceptance by the County.
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.
22. Storage Tank Installation and Closure Requirements
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The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A;
FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and
STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of
hazardous materials and petroleum products.
The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior
to the installation, removal, or maintenance of any storage tank, including day tanks for
generators, storing / will be storing petroleum products or hazardous materials. The contractor
shall provide a 10 day and 48 hour notice to SHWMD 239-252-2508 prior to commencement.
The contractor shall provide the plans pertaining to the storage tank systems containing
hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting
entity and then SHWMD must approve the plans prior to contractor’s submittal for permitting.
23. 62-761.300 Applicability
1) General Requirements:
a) Underground storage tank systems: The requirements of this Chapter, unless specified
otherwise, apply to owners and operators of facilities, or owners and operators of UST
systems with individual storage tank capacities greater than110 gallons that contain or
contained:
i) Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984
ii) Pollutants or hazardous substances after December 10, 1990; or
iii) Regulated substances in unmaintained storage tank systems.
b) This rule is applicable to non-residential facilities. Under 40 C.F.R. 280, residential tanks
greater than 1100 gallons containing motor fuels are subject to Federal UST rules
(advisory information only-not required by this Chapter).
24. 62-762.301, F.A.C. Applicability
1) General Requirements:
a) Aboveground storage tank systems: The requirements of this chapter, unless specified
otherwise, apply to owners and operators of facilities, or owners and operators of
aboveground stationary storage tank systems with individual storage tank capacities
greater than 550 gallons that contain or contained: Vehicular fuel, subject to Chapter 17-
61, F.A.C., after May 21, 1984
(1) Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984;
(2) Pollutants after March 12, 1991; or
(3) Pollutants in unmaintained storage tank systems.
b) Aboveground compression vessels and hazardous substance storage tank systems:
Owners and operators of compression vessels and hazardous substance storage tanks
with capacities of greater than 110 gallons containing hazardous substances are only
required to comply with subsections 62-762.401(1)-(2), F.A.C.
c) Aboveground mineral acid storage tank systems: Owners and operators of facilities, or
owners and operators of aboveground mineral acid storage tank systems with capacities of
greater than 110 gallons containing mineral acids are only required to comply with Rule 62-
762.891, F.A.C.
25. Definitions
62-761.200(11) and 62-762.201(16), F.A.C.: “County” means a locally administered program
under contract with the Department to perform compliance verification activities at facilities with
storage tank systems.
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62-761.200(48) and 62-762.201(62), F.A.C.: “Pollutants” includes any “product” as defined in
Section 377.19(11), F.S., pesticides, ammonia, chlorine and derivatives thereof, excluding
liquefied petroleum gas.
62-761.200(51) and 62-762.201(65), F.A.C.: “Product” as defined in Section 377.19(11), F.S.,
means any commodity made from oil or gas and includes refined crude oil, crude tops, topped
crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel
oil, fuel oil, treated crude oil, residuum, gas oil, casing head gasoline, natural gas gasoline,
naphtha, distillate, condensate, gasoline, used oil, kerosene, benzene, wash oil, blended
gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or byproducts
derived from oil or gas, and blends or mixtures of two or more liquid products or byproducts
derived from oil or gas, whether hereinabove enumerated or not.
62-761(73) and 62-762(84), F.A.C.: “Vehicular fuel” means a petroleum product used to fuel
motor vehicles, including aircraft, watercraft and vehicles used on and off roads and rails.
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Packet Pg. 920 Attachment: ITB 16-6697 Maintenance and Minor Repair Solicitation (2661 : Rejection of ITB 16-6697 Maintenance and Minor Repairs)
Attachment 1: Vendor Submittal - Vendor’s Non-Response Statement
The sole intent of the Collier County Procurement Services Division 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
Procurement Services Division, 3327 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s):
Solicitation: 16-6697 Maintenance and Minor Repairs
Services requested not available through our company.
Our firm could not meet specifications/scope of work.
Specifications/scope of work not clearly understood (too vague, rigid, etc.)
Project is too small.
Insufficient time allowed for preparation of response.
Incorrect address used. Please correct mailing address:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Other reason(s):
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Firm’s Complete Legal Name
__________________________________________________
Address
__________________________________________________
City, State, Zip
__________________________________________________
Telephone Number
__________________________________________________
FAX Number
__________________________________________________
Signature / Title
__________________________________________________
Type Name of Signature __________________________________ Date: ______
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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
Procurement Services Division
3327 Tamiami Trail E
Naples FL 34112
The mailing envelope must be sealed and marked with:
• Solicitation: 16-6697 Maintenance and Minor Repairs
• Opening Date:October 31, 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
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Attachment 3: Vendor Submittal - Bid Response Form
FROM: __________________________________
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: 16-6697 Maintenance and Minor Repairs
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:
* * * SEE FOLLOWING PAGES * * *
Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be
considered and computed in the tabulation of the bids. In no instance should terms for less than
fifteen (15) days payment be offered.
Prompt Payment Terms: _____% _____ Days; Net Days
Bid Response Form is electronic. Please input your prices online.
Bid Response is as follows:
Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid
response pages. The undersigned do agree that should this Bid be accepted, to execute a formal
contract, if required, and present the formal contract to the County Procurement Director for approval
within fifteen (15) days after being notified of an award.
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IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _______ day of
_______________, 20 in the County of ________________, in the State of ________.
Firm’s Complete Legal Name
__________________________________________________
Address
__________________________________________________
City, State, Zip
__________________________________________________
Florida Certificate of Authority
Document Number
Federal Tax Identification
Number
CCR # or CAGE Code
__________________________________________________
Telephone Number
__________________________________________________
FAX Number
__________________________________________________
Signature / Title
__________________________________________________
Type Name of Signature
__________________________________________________
Date
__________________________________________________
****************************************************************************************************
Additional Contact Information
Send Payments To: (REQUIRED ONLY if different from above)
Firm’s Complete Legal Name
__________________________________________________
Address
__________________________________________________
City, State, Zip
__________________________________________________
Contact Name
__________________________________________________
Telephone Number
__________________________________________________
FAX Number __________________________________________________
Email Address
__________________________________________________
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Packet Pg. 924 Attachment: ITB 16-6697 Maintenance and Minor Repair Solicitation (2661 : Rejection of ITB 16-6697 Maintenance and Minor Repairs)
Attachment 4: Vendor Submittal – Local Vendor Preference Affidavit
Solicitation: 16-6697 Maintenance and Minor Repairs (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 Procurement Ordinance of the Collier County Board
of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County
Procurement 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
section.
Vendor must complete the following information:
Year Business Established in Collier County or Lee County: ________
Number of Employees (Including Owner(s) or Corporate Officers):_________
Number of Employees Living in Collier County or Lee (Including Owner(s) or Corporate Officers):_______
If requested by the County, vendor will be required to provide documentation substantiating the information
given in this affidavit. Failure to do so will result in vendor’s submission being deemed not applicable.
Vendor Name: _________________________________________
Date: ________________________
Address in Collier or Lee County: _________________________________________________________
Signature: ____________________________________________
Title: ________________________
STATE OF FLORIDA
COLLIER COUNTY LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this __________ Day
of ______________, 20_____.
_____________________________________________
Notary Public
My Commission Expires: ________________________
(AFFIX OFFICIAL SEAL)
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Attachment 5: Vendor Submittal – Immigration Affidavit
Solicitation: 16-6697 Maintenance and Minor Repairs
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal
Invitations to Bid (ITB’s) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll
in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the
vendor’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company
Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to
include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor /
Bidder’s proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of
the Immigration and Nationality Act (“INA”).
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the
INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be
grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act
and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-
Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the
Vendor’s / Bidder’s proposal.
Company Name ____________________________________________________________________
Print Name
Title _______________________
Signature
Date _______________________
State of ___________________
County of _________________
The foregoing instrument was signed and acknowledged before me this ______day of ________________, 20___, by
_______________________________ who has produced _____________________________ as identification.
(Print or Type Name) (Type of Identification and Number)
_____________________________________
Notary Public Signature
_____________________________________
Printed Name of Notary Public
_____________________________________
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
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Attachment 6: Vendor Substitute W – 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (includin g
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 yo ur 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
Address ___________________________________
Remit / Payment Information
Address ____________________________________________
City __________
State ________ Zip ___________
City _____________
State _________ Zip ______________
FAX ______________________________________
Email _____________________________________
FAX ______________________________________________
Email _____________________________________________
2. Company Status (check only one)
Individual / Sole Proprietor Corporation Partnership
Tax Exempt (Federal income tax-exempt entity
under Internal Revenue Service guidelines IRC
501 (c) 3)
Limited Liability Company
Enter the tax classification
(D = Disregarded Entity, C = Corporation, P = Partnership)
3. Taxpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN) _______________________________________________________________
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge.
Signature ____________________________________________________
Date _____________________________
Title ________________________________________________________
Phone Number _____________________
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Attachment 7: Vendor Submittal - Insurance and Bonding Requirements
Insurance / Bond Type Required Limits
1. Worker’s
Compensation
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
2. Employer’s Liability
$1,000,000 single limit per occurrence
3. Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
Bodily Injury and Property Damage
$1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
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 Contractor/Vendor/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
noted:
Watercraft $ __________ Per Occurrence
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
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Employee Dishonesty / Crime $__________ Per Occurrence
Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss
Payee endorsement naming Collier County.
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
Payment Bonds
For projects in excess of $200,000, bonds shall be submitted with the
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.
RLC 9/9/2016
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 _________________
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1
MarkuBendisa
Subject:Sent from Snipping Tool
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