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Agenda 04/25/2017 Item #16A1404/25/2017 EXECUTIVE SUMMARY Recommendation to approve negotiated Agreements with DWJH, LLC d/b/a Leo’s Sod, and Triple C Sod, Inc. for Invitation to Bid No. 16-7032RR “Purchase and Delivery of turfgrasses. OBJECTIVE: To approve negotiated agreements with DWJH, LLC d/b/a Leo’s Sod, (bidder 1) and Triple C Sod, Inc. (bidder 2) to provide countywide services for the purchase and installation of sod on an “as-needed” basis. CONSIDERATIONS: On March 14, 2017, the Board approved Agenda Item No. 16A19, which authorized the Procurement Services Director to enter into negotiations with two (2) bidders related to Invitation to Bid (ITB) No. 16-7032RR, and authorize the expenditures in excess of $50,000 on an “as- needed” interim basis, utilizing competitive quotes that were received on February 16, 2017, and authorize payment of pending invoices. On March 15, 2017, the Procurement Services Director entered into negotiations with DWJH, LLC d/b/a Leo’s Sod and Triple C Sod, Inc. The negotiations were successful with both vendors. The award is based on the vendor’s lowest price per line item; if the primary is unable to provide the materials or services than the secondary can be utilized. If any vendor persists in not supplying, delivering, and installing the sod in a timely manner, the County may eliminate them from the agreement. The County reserves the right to restrict the pickup location to be within the borders of Collier County. FISCAL IMPACT: The Road Maintenance Division has funding budgeted for these goods and services. Other divisions that require these services for projects shall do so with funding from their respective budgets. The annual historical expenditure is approximately $500,000 for these types of purchases through various operating departments, but is subject to change based on need and budget levels. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact 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 approves negotiated agreements with DWJH, LLC d/b/a Leo’s Sod and Triple C Sod, Inc. for ITB No. 16-7032RR “Purchase and Delivery of Turf Grasses,” and authorizes the Chair to sign the attached agreements. Prepared by: Melissa Pearson, Contract Administration Specialist, Road Maintenance Division ATTACHMENT(S) 1. 16-7032RR DWJH_VendSign (PDF) 2. 16-7032RR Triple C Sod_VendSign (PDF) 3. 16-7032RR spec - ITB 16-7032RR (PDF) 04/25/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.14 Doc ID: 3001 Item Summary: Recommendation to approve negotiated Agreements with DWJH, LLC d/b/a Leo’s Sod, and Triple C Sod, Inc. For Invitation to Bid (ITB) No. 16-7032RR “Purchase and Delivery of Turfgrasses”. Meeting Date: 04/25/2017 Prepared by: Title: Contract Administration Specialist – Road Maintenance Name: Melissa Pearson 04/03/2017 4:02 PM Submitted by: Title: Division Director - Road Maintenance – Road Maintenance Name: Travis Gossard 04/03/2017 4:02 PM Approved By: Review: Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 04/04/2017 8:18 AM Growth Management Department Diane Lynch Additional Reviewer Completed 04/04/2017 1:42 PM Road Maintenance Travis Gossard Additional Reviewer Completed 04/04/2017 2:42 PM Growth Management Operations Support Allison Kearns Additional Reviewer Completed 04/04/2017 2:45 PM Procurement Services Evelyn Colon Additional Reviewer Completed 04/04/2017 3:18 PM Procurement Services Sandra Herrera Additional Reviewer Completed 04/04/2017 4:20 PM Procurement Services Ted Coyman Additional Reviewer Completed 04/05/2017 5:28 PM Growth Management Department James French Additional Reviewer Completed 04/09/2017 12:16 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 04/10/2017 11:28 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/10/2017 3:01 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/12/2017 3:29 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 04/13/2017 9:36 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/17/2017 8:53 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/25/2017 9:00 AM A G R E E M E N T 16-7032RR for Purchase and Delivery of Turf Grasses THIS AGREEMENT, made and entered into on this day of 2017, by and between DWJH, LLC, d/b/a Leo's Sod, Contractor authorized to do business in the State of Florida, whose business address is 3612 Bayshore Drive, Naples, Florida 34112, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing on Date of Board award and terminating one (1) year from that date or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Purchase order. 3. STATEMENT OF WORK. The Contractor shall provide Sale and Delivery of Turfgrasses in accordance with the terms and conditions of Invitation to Bid (ITB) #16-7032RR, with the exception of the "Detailed Scope of Work", and the Contractor's proposal, with the exception of the Bid Schedule/Bid Prices, referred to herein and made an integral part of this Agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.1 The Contractor is the Primary and Secondary for the services listed on Exhibit B — Negotiated Price Schedule. If the Primary Contractor cannot provide the requested service(s) within the timeframe specified by the user division then the Secondary Contractor will then be contacted as listed on Exhibit B — Negotiated Price Schedule. 16-7032RR DWJH, LLC, d/b/a Leo's Sod 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B - Price Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the Road and Bridge Director or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." 4.1 Price Methodology 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. 4.2 Any County agency may obtain products and services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for 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 the Agreement. 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. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: DWJH, LLC d/b/a Leo's Sod Attention: Daniel J. Whittles, Owner 3612 Bayshore Drive Naples, Florida 34112 Telephone: 239-732-6131 Email: officefleosod.net All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: GAO 16-7032RR 2 DWJH. LLC. d/b/a Leo's Sod Board • CountyCommissioners •i Collier County,Florida • Road Maintenance Division 4800 Davis Boulevard Naples,Florida i Telephone: i 239-774-6406 Attention: Division Director, Travis D. Gossard The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement 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 County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date 16-7032RR 3 DWJH, LLC, d/b/a Leo's Sod 0 of termination. The Contractor shall not be entitled to any other or further recovery again, -:,t the County, including, but not limited to, any damages or any anticipated profit on portions of - not performed. 11. NO DISCRIMINATION.The Contractor agrees-- shall be o discrimination race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 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. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $100,000 for each accident. D. Pollution: Such insurance shall have limits of not less than $1,000,000 each claim and in the aggregate. Special Reguirements: Collier County Board of County Commissioners, Board of County Commissioners in Collier County, or Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify 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 Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor 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 16-7032RR 4 0 DWJH, LLC, d/b/a Leo's Sod attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road and Bridge Division. 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Invitation to Bid (ITB) #16-7032RR, with the exception of the "Detailed Scope of Work", Contractor's proposal, with the exception of the Bid Schedule/Bid Prices, Exhibit A - Scope of Work, Exhibit B — Price Schedule, any subsequently quotes, and Insurance Certificate(s). 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 18. 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, Collier County Ethics Ordinance No. 2004-05, as amended, 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 16-7032RR 10 DWJH, LLC, d/b/a Leo's Sod but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with 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; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated 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. 16-7032RR 6 UCN DWJH, LLC, d/b/a Leo's Sod If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor's shall assign as many people as necessary to complete the Agreement on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 16-7032RR 70 DWJH, LLC, d/b/a Leo's Sod 27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 28. SECURITY. 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(D_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. 16-7032RR 8 CAO DWJH, LLC, d/b/a Leo's Sod IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Dwight E. Brock, Clerk of Courts Dated: (SEAL) tl�i-, Firs itness e c A- tie r fT TTypelprint witness names' vaness ypelprint i ness name Approved as to Form and Legality: Assistant County Attorney Print Name 1 G-7032RR DWJH, LLC, d/b/a Leo's sod BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Penny Taylor, Chairman DWJH, LLC d/b/a Leo's Sod Contractor By _ Signature bAu�CL wtik i iLC 0A ,-A 4iEIL TType/print signature and titleT f_. IV 4 C40 Exhibit A — Scope of Work 1. Specifications The Contractor will provide varieties of turfgrass sod that have been harvested, delivered, and/or installed in accordance with the following specifications and the most current and accepted Horticultural Industry's Standards and Practices, whichever is more restrictive. When Sod is to be picked up by the County it must be located within Collier County. 1.1 Turfqrass Sod Types & Varieties The turfgrasses for the resultant contract shall be Number 1 Quality/Premium grade and meet the requirements in the specifications. Below is a listing of turfgrass types and varieties that are required and may be ordered for the duration of the resultant contract term on an "as - needed" basis. Turfgrass Type Variety Bahiagrass Argentine ❖ Bermudagrass Certified Celebration and Tifway (Tifton 419) ❖ St. Augustinegrass Floratam Zoysiagrass Empire 1.2 Sod Description for Acceptance Division Representative that inspected goods and/or services shall provide the acceptance. Sod ordered shall be well-established, well rooted, healthy, nursery or field grown on 90% natural sand. Sod grown in peat bedded soil will not be accepted. 1.2.1 Sod shall be of the specific grass type ordered and in uniform green color with healthy blades. No dead turf, bare spots, or dormant sod. 1.2.2 Completed areas where sod has been laid are healthy, even in color, level, and viable turf is being established. 1.2.3 Sod shall be free of diseases, trees or shrubs, stones, thatch, and pests such as insects, nematodes, chinch bugs, spittlebugs, mites, billbugs and white grubs, webworms and other lawn caterpillars. It shall have less than one percent (1 %) of invasive weeds. 1.2.4 Top growth (grass blades or foliage) shall have no more than ten percent (10%) chlorosis, and contain no thatch or dead vegetation layer between each pad. 1.2.5 Sod must be mowed at a height of two inches (2"), or at the recommended height of the sod grower, prior to harvesting to ensure uniform heights when transplanted. 1.2.6 There shall be sufficient density so no surface soil is visible when mowed to a height of two inches (2"). 1.2.7 Individual sod pad size shall be cut to industry standard widths and lengths with a deviation no greater than +/- 5%. Broken or uneven -ended pads will not be accepted. r `90 16-7032RR 10 DWJH, LLC, d/b/a Leo's Sod 1.2.8 Sod pad thickness for the following: St. Augustine and Bahia shall be no less than one inch (1") in depth and Bermuda shall be no less than one half inch (1/2") in depth. This requirement allows for rapid rooting to occur after installation due to a thinner soil layer. All other sod variations will be cut according to industry best practices. 1.2.9 Pad strength for standard size pads shall be mature, well rooted, and contain a soil layer thick enough to provide a strength that will support the pad's weight and maintain its size and shape when the pad is suspended vertically by hand on the upper ten percent (10%) of the pad section without tearing apart. 1.2.10 Moisture content for the soil side of the sod should be damp to moist and it must contain enough moisture so that the soil is not excessively dry or wet. Sod will not be accepted if it does not contain the proper amount of moisture and the soil layer has become hardened or loose. 1.3 Ordering The Contractor shall provide the sod and/or any installation services throughout the resultant Contract term on an "as -needed basis" per the order instructions. MOT may be required for sod bed services provided by the Contractor that are in County rights-of-way (ROW) and medians. 1.3.1 At order placement the Division will provide the bid line item being used, delivery or service location, and the scope of work to be completed. 1.3.2 Orders shall be processed within five (5) business days of order placement and in the quantities requested. 1.4 Scheduling Contractor shall notify the Division with a two (2) business day notification when the pickup, delivery or installations will occur. 1.5 Pickup or Delivery Pickup location must be within the borders of Collier County. Sod delivered and/or installed in order to maintain its integrity. Sod delivery tickets shall be provided with every order with the following listed: sod grass type and variety, quantity ordered, origin, and the date and time sod was harvested and loaded. 1.5.1 Sod shall be delivered at the specified site within twenty-four (24) hours after being harvested and laid within that time period. 1.5.2 Sod shall be covered if transporting period will be greater than one (1) hour. 1.5.3 Sod should not be harvested or transported when moisture content may adversely affect sod survival. 16-7032RR DWJH, LLC, d/b/a Leo's Sod 1.5.4 Protect sod from sun, wind, dehydration, and rain prior to delivery, pickup and installation. 1.5.6 For deliveries, Contractor shall arrange their work to cause a minimum of interference with normal traffic, both vehicular and pedestrian and shall be responsible for providing safe and suitable means of ingress and egress to all public and private properties during all stages of the work. 1.6 Bid Schedule Technical Specifications Bidders shall submit pricing for pDly the sections and/or line items in which they intend to provide products and/or services. Unit prices, as they pertain to the sections below, shall be all inclusive of delivery charges, surcharges for minimum order quantities, labor, transportation, off-loading, equipment, fuel, top soil, materials, disposal, and landscape tipping fees, and etc. At times, Maintenance of Traffic (MOT) will be required for service locations in Right -of -Way (ROW) medians and roadways; bid lines items have been added for the additional costs of MOT. 1.6.1 Section A. Sod Picked Up By County. Order Size: Cost per piece as described on the bid tab. Division shall arrange for sod to be picked up at the Contractor's location and the Contractor shall load the sod. The pickup location shall be an easily accessible location within the borders of Collier County. The individual orders shall be the cost per piece as indicated in the description on the bid schedule. Pallets shall be returned by the County and the Contractor agrees to fully refund the deposit upon return by issuing a credit to the County. 1.6.2 Section B. Sod Picked Up by County. Order Size: 400 square foot pallet This section is for the pickup of various types of sod by the County personnel. The individual orders shall consist of orders for 400 square foot pallet(s). The division shall arrange for sod to be picked up at the Contractor's location and the Contractor shall load the sod for the division. Pallets shall be returned by the County and the Contractor agrees to fully refund the deposit upon return by issuing a credit to the County. Vendor will be responsible for loading pallets onto County vehicles. 12 Agreement # 16-7032RR" Purchase and Delivery of Turfgrasses" DWJH, LLC DBA Leo's Sod 0 1.6.3 Section C. Sod Delivered & Off -Loaded by Contractor / Order Size: 400 up to 2,400 square feet. Contractor shall deliver sod to the designated location(s) on the order and off-load. Individual order size shall consist of orders from 400 up to 2,400 square feet. Contractor may be required to deliver to a maximum of two (2) locations per order and all delivery fees shall be included in the unit prices. Pallets shall be returned by the County and the Contractor agrees to fully refund the deposit upon return by issuing a credit to the County. 1.6.4 Section D. Sod Delivered, Off -Loaded, and Installed by Contractor / Order Size: 400 up to 2,400 square feet. Contractor shall deliver sod, off-load, and provide services for sod bed preparation and installation. Individual orders shall consist of orders for 400 up to 2,400 square feet. Contractor may be required to deliver to a maximum of two (2) locations per order and all delivery fees shall be included in the unit prices. Note: Maintenance of Traffic (MOT) is required for deliveries in the Right -of -Way (ROW). The sod bed preparation and installation shall consist of the following: 1.6.4.1 Rake and clean sod bed area to remove dead turf, weeds, debris, brush, roots, and rocks. Contractor shall dispose of and haul it to the local landfill or recycle plant. 1.6.4.2 Rake soil level to a final grade finish. Ensure that its one inch below the grade of sprinkler heads or paved areas, such as concrete driveways, sidewalks, and curbing. Transplanted sod that does not conform to this requirement shall be removed to correct the subgrade so surfaces are level. 1.6.4.3 The Division shall be responsible for providing water at the work site prior to installation and immediately after installation. The Contractor shall notify and inform the Division to water sod bed just prior to installation because the soil needs to be moist when the sod is laid, and notify Division immediately after installation to water the sod. 1.6.4.4 In the event the final plant bed has been disturbed prior to the installation of the sod, the Contractor shall be responsible to re -grade at their expense. 1.6.4.5 Deliver, off-load, and install sod within twenty-four (24) hours of delivery. 1.6.4.6 Start by unrolling or laying whole pieces of sod along a straight edge, such as sidewalks, curbs, driveways, irrigation heads, mulch beds, plantings, trees, and other vertical surface areas by cutting and fitting tightly for finished edges. Cut the next piece of sod in half and lay it against the first piece of sod and stagger joints at the end of sod strips with adjacent strips (i.e. brick pattern). Sod shall be placed with edges abutting tightly to existing sod without creating overlap. There should be no bare soil showing along the seams, and sod pads must be level, if it is not level, the subgrade will need to be adjusted. 13 Agreement # 16-7032RR" Purchase and Delivery of Turfgrasses" DWJH, LLC DBA Leo's Sod CA® 1.6.4.7 Sod placement for ditches and canals shall be laid at right angles to the centerline. 1.6.4.8 In sloped areas, the sod bed shall be graded and then installed to prohibit erosion. The installations shall begin at the bottom and move upward. When requested by the Division, Contractor will be required to pin or stake sod, and slopes greater than 2:1, staking will be required to prevent movement. A line item in Additional Services on the bid schedule has been added for these services. 1.6.4.9 Tamp or pat down sod that has been installed to release air between soil and sod. 1.6.4.10 Roll sod with a sod roller to remove lumps, level, and set sod into the soil. 1.6.4.11 Contractor to notify the Division to water sod thoroughly after placement. Division shall provide the water. 1.6.5 Section E. Sod Delivered, Off -Loaded, and Installed by the Contractor / Order Size: 2.401 to less than a truckload. The order size shall consists of orders for 2,401 to less than a truckload of sod that will be delivered, off-loaded, and installed by the Contractor and they shall provide the services for sod bed preparation and installation as described in section 1.6.4. Contractor may be required to deliver to a maximum of two (2) locations per order and all delivery fees shall be included in the unit prices. Note: Maintenance of Traffic (MOT) is required for deliveries in the Right -of -Way (ROW). 1.6.6 Section F. Sod Delivered, Off -Loaded, and Installed by the Contractor / Order Size: Truckload The order size is for truckload of sod that will be delivered, off-loaded, and installed by the Contractor. Contractor shall deliver sod to the designated location(s) on the order, off- loaded, and provide services for sod bed preparation and installation as described in section 1.6.4. Contractor may be required to deliver to a maximum of two (2) locations per order and all delivery fees shall be included in the unit prices. Note: Maintenance of Traffic (MOT) is required for deliveries in the Right -of -Way (ROW). 1.6.7 Section G. Roll Sod, Picked Up (1 roll minimum) and Delivered, Off -Loaded, and Installed by the Contractor (4,000 square feet minimum) This section has three (3) grass varieties (Bermuda -Certified Celebration, Bermuda-Tifway (Tifton 419), and Zoysia -Empire) for three (3) service categories (picked up; delivered and off-loaded; and sod delivered, off-loaded, and installed) for rolled sod. The minimum order size for picked up sod category for all varieties is one (1) roll. Division shall arrange for sod to be picked up at the Contractor's location and the Contractor shall 14 Agreement # 16-7032RR" Purchase and Delivery of Turfgrasses" DWJH, LLC DBA Leo's Sod load the sod. The pickup location shall be an easily accessible location within the borders of Collier County. The individual orders shall be the cost per piece as indicated in the description on the bid schedule. The minimum order size for delivered and off-loaded sod category for all varieties is 4,000 square feet. Contractor shall deliver sod to the designated location(s) on the order and off- load. Contractor may be required to deliver to a maximum of two (2) locations per order and all delivery fees shall be included in the unit prices. Note: Maintenance of Traffic (MOT) is required for deliveries in the Right -of -Way (ROW). The minimum order size for delivered, off-loaded, and installed by the Contractor for all varieties is 4,000 square feet. Contractor shall deliver sod to the designated location(s) on the order, off-load provide services for sod bed preparation and installation as described in section 1.6.4. Contractor may be required to deliver to a maximum of two (2) locations per order and all delivery fees shall be included in the unit prices. Note: Maintenance of Traffic (MOT) is required for deliveries in the Right -of -Way (ROW). 1.6.8 Additional Services (all inclusive of labor, materials, and equipment) During the term of the agreement, the Division may request that the Contractor provide additional services for site preparation and grade and/or staking and /or pinning of sod installation on sloped areas. The unit price is cost per square foot. 1.6.8.1 Site Preparation and Grade 1.6.8.1.1 Kill existing turf and invasive weed growth by applying one (1) herbicidal treatment, such as Roundup. Allow sufficient time for product to work its way to the root system to completely kill the existing turf/weeds. Some divisions may require sod removal by hand or sod cutter where herbicides are not allowed. 1.6.8.1.2 When existing turf/weeds are dead, Contractor shall remove turf by hand or with a sod cutter. For requests of no herbicide treatment, Contractor shall cut existing sod with a sod cutter. Note: for safety reasons, sod cutters shall only be used in areas that are easily accessible and on flat terrain. 1.6.8.2 Staking and/or Pinning Staking and/or pinning of sod installations on slopes greater than 2:1. Staking is required to prevent movement. 2. Supervision Contractor must have skilled supervisor(s) in sod installations for the services listed in the specifications. The supervisor shall be on-site during installation ensuring employees work is performed to industry standards and conforms to the specifications. 15 Agreement # 16-7032RR" Purchase and Delivery of Turfgrasses" DWJH, LLC DBA Leo's Sod T 3. Maintenance of Traffic (MO MOT Intermediate Level Certification will be required for Contractors that bid sections requiring deliveries and services in the ROW and medians. It shall be all inclusive in the unit price for the categories line items which indicate "w/ MOT" in the line item description to include MOT devices us for adequate traffic control and depending on the roadway and project it may include: signage, arrow boards, message boards, warning devices, barriers and flagmen. MOT is required for the safety and protection of Contractor's employees and motorists during the performance of services in the ROW and medians. It shall be the Contractor's sole responsibility for safety in the work zone. MOT shall conform to the latest edition of the FDOT, Design Standards, 600 series and The Manual on Uniform Traffic Control Devices (MUTCD), Section VI. A copy of the County's MOT policy can be obtained from Risk Management or Procurement Services Divisions. 3.1 Contractor or sub -contractor will be required to have current FDOT approved MOT Intermediate Level Certification for FDOT, Design Standards, 600 series prior to work commencing in the ROW medians and roadways. 3.2 The person responsible for the setup and maintenance of the traffic control plan shall possess FDOT approved certification in their name and they must be readily available to Division Work Zone Inspector within twenty (20) minutes of the initial contact for work zone safety issues. 4. Inspections Contractor shall provide a project work schedule for installation services in writing to the Division prior to work commencement so inspections can be performed on-site during the course of work. 4.1 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. At the Contractor's expense such deficiencies will be corrected within 48 hours after receipt of notification. 5. Clean Up The Contractor(s) is responsible for removing all debris from the site, cleaning paved surfaces and affected areas, and keep the premises free of debris and unusable materials resulting from their work and as work progresses. Contractor shall remove such debris and materials from the property. There will be no cost to the County for clean-up or debris removal costs. 6. Warranty 16 Agreement 416 -7032R -R" Purchase and Delivery of Turfgrasses" DWJH, LLC DBA Leo's Sod LMA Contractor guarantees sod meets the specifications and sod shall be of the variety ordered, consistent in color, quality, and free of visible defects, disease, and in healthy condition. Contractor shall replace within forty-eight (48) hours after receipt of notification. 7. Minimum Qualifications Prior to contract award and upon request, any Bidder may be required to supply proof that the company has adequate facilities, equipment, and ability to perform the work as specified in a satisfactory manner. The company must have experience in similar nature and is able to provide references for the County to contact and verify. 8. Utilities Contractor shall be responsible in exercising caution while in the vicinity of utilities. Contractor shall call Sunshine 811 at 811 or 800-432-4770, Monday — Friday from 7:00 a.m. — 5:00 p.m. prior to digging. Sunshine 811 requires advance notice of two (2) full business days. Any damage to utilities will be the Contractor's sole responsibility. 9. 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 the requirements including the required timeframe. Deductions will be assessed when the Contractor fails to complete the work within the time specified as outlined on the Division documentation work request. The Division Representative that inspects the work shall confirm if the Contractor completed the work per the specifications and by the completion date as outlined on the Division work request. Contractors that do not meet the completion date or the requirements within the specifications shall be liable and agrees to a one hundred dollar ($100.00) deduction from the invoice. Note: Completion deadlines can be extended to due unforeseen circumstances at no fault to the Contractor or acts of force majeure that is beyond the Contractor's control. Contractor must request a date extension in writing with the reason of the delay prior to the completion date within twenty-four hours of the delay in writing to the Division Representative assigned to the project. 17 Agreement # 16-7032RR" Purchase and Delivery of Turfgrasses" DWJH, LLC DBA Leo's Sod Exhibit B Negotiated Price Schedule SECTION A. SOD PICKED UP BY COUNTY / ORDER SIZE: COST PER PIECE AS REQUESTED IN DESCRIPTION SOD PICKED UP MUST BE IN COLLIER COUNTY (COUNTY SHALL RETURN ALL PALLETS) 1 Bahia -Argentine, Sand Grown Per Square Foot $0.47 2 Bermuda -Certified Celebration, Sand Grown Per Square Foot $1.15 3 Bermuda Tifwa(Tifton 419), Sand Grown Per Square Foot $1.15 4 St. Au ustine-Floratam, Sand Grown Per Square Foot $0.50 5 Zoysia, -Empire, Sand Grown Per Square Foot $0.70 7 Pallet Deposit (Fully refunded upon returning pallets) $7.00 Bahia -Argentine, Sand Grown w/MOT DWJH, LLC d/b/a Leo's Sod is the Primary Contractor for line items: 2, 3, and 5 DWJH, LLC d/b/a Leo's Sod is the Secondary Contractor for line items: 1 and 4 22 SECTION B. SOD PICKED UP BY COUNTY / ORDER SIZE: 400 SQUARE FEET 0 PALLET) SOD PICKED UP MUST BE IN COLLIER COUNTY (COUNTY SHALL RETURN ALL PALLETS) 8 Bahia -Argentine, Sand Grown $72.00 9 Bermuda -Certified Celebration, Sand Grown $176.00 10 Bermuda Tifwa(Tifton 419), Sand Grown $152.00 11 St. Au ustine-Floratam, Sand Grown $129.00 12 Zoysia, -Empire, Sand Grown $165.00 14 Pallet Deposit (Fully refunded upon returning pallets) $7.00 Bahia -Argentine, Sand Grown w/MOT DWJH, LLC d/b/a Leo's Sod is the Primary Contractor for line items: 9, 10, and 12 DWJH, LLC d/b/a Leo's Sod is the Secondary Contractor for line items: 8 and 11 22 SECTION C. SOD DELIVERED & OFF-LOADED BY CONTRACTOR / ORDER SIZE: SQ. FT 18 Agreement # 16-7032RR" Purchase and Delivery of Turfgrasses" DWJH, LLC DBA Leo's Sod T 15 Bahia -Argentine, Sand Grown $0.33 16 Bermuda -Certified Celebration, Sand Grown $0.59 17 Bermuda Tifwa(Tifton 419), Sand Grown $0.53 18 St. Au ustine-Floratam, Sand Grown $0.47 19 Zoysia, -Empire, Sand Grown $0.55 21 Bahia -Argentine, Sand Grown w/MOT $0.40 22 St. Au ustine-Floratam, Sand Grown w/MOT $0.54 23 1 Pallet Deposit (Fully refunded upon returning pallets) $7.00 DWJH, LLC d/b/a Leo's Sod is the Primary Contractor for line items: 15, 16, 17, 18, 19, 21, and 22 18 Agreement # 16-7032RR" Purchase and Delivery of Turfgrasses" DWJH, LLC DBA Leo's Sod T SECTION D. SOD DELIVERED, OFF-LOADED, AND INSTALLED / ORDER SIZE: 400 SQ. FT. UP TO 2,400 SQ. FT 24 Bahia -Argentine, Sand Grown $0.35 25 Bermuda -Certified Celebration, Sand Grown $0.61 26 Bermuda Tifwa Tifton 419), Sand Grown $0.55 27 St. Au ustine-Floratam, Sand Grown $0.49 28 Zoysia, -Empire, Sand Grown $0.57 30 Bahia -Argentine, Sand Grown w/MOT $0.42 31 St. Au ustine-Floratam, Sand Grown w/MOT $0.56 $0.47 DWJH, LLC d/b/a Leo's Sod is the Primary Contractor for line items: 24, 25, 26, 27, 28, 30, and 31 Bahia -Argentine, Sand Grown w/MOT SECTION E. SOD DELIVERED, OFF-LOADED & INSTALLED / ORDER SIZE: 2,401 SQ. FT. TO LESS THAN A TRUCKLOAD 32 Bahia -Argentine, Sand Grown $0.29 33 Bermuda -Certified Celebration, Sand Grown $0.53 34 Bermuda Tifwa Tifton 419), Sand Grown $0.49 35 St. Au ustine-Floratam, Sand Grown $0.40 36 Zoysia, -Empire, Sand Grown $0.50 38 Bahia -Argentine, Sand Grown w/MOT $0.44 39 1 St. Au ustine-Floratam, Sand Grown w/MOT $0.55 $0.47 DWJH, LLC d/b/a Leo's Sod is the Primary Contractor for line items: 32, 33, 34, 35, 36, 38, and 39 Bahia -Argentine, Sand Grown w/MOT SECTION F. SOD DELIVERED, OFF-LOADED, AND INSTALLED / ORDER SIZE: TRUCKLOAD INPUT TRUCKLOAD SIZE IN SQUARE FEET: 6400 40 Bahia -Argentine, Sand Grown $0.23 41 Bermuda -Certified Celebration, Sand Grown $0.49 42 Bermuda Tifwa(Tifton 419), Sand Grown $0.46 43 St. Au ustine-Floratam, Sand Grown $0.37 44 Zoysia, -Empire, Sand Grown $0.47 46 Bahia -Argentine, Sand Grown w/MOT $0.35 47 St. Au ustine-Floratam, Sand Grown w/MOT $0.49 DWJH, LLC d/b/a Leo's Sod is the Primary Contractor for line items: 40, 41, 42, 43, 44, 45, 46, and 47 19 Agreement # 16-7032W' Purchase and Delivery of Turfgrasses" DWJH, LLC DBA Leo's Sod Od v SECTION G. ROLL SOD, PICKED UP (MIN 1 ROLL) DELIVERED OFF-LOADED / INSTALLED (MIN 4000 SQFT) 48 Bermuda -Certified Celebration, Sand Grown --PICK UP (MIN 1 ROLL $0.80 49 Bermuda -Certified Celebration, Sand Grown --DELIVERED (MIN 4000 SQFT $0.61 50 Bermuda -Certified Celebration, Sand Grown --INSTALLED (MIN 4000 SQFT $0.51 51 Bermuda Tifway (Tifton 419), Sand Grown --PICK UP (MIN 1 ROLL) $0.73 52 Bermuda Tifway (Tifton 419), Sand Grown --DELIVERED (MIN 4000 SQFT) $0.57 53 Bermuda Tifway (Tifton 419), Sand Grown --INSTALLED (MIN 4000 SQFT) $0.48 54 Zoysia, -Empire, Sand Grown --PICK UP MIN 1 ROLL) $0.75 55 Zoysia, -Empire, Sand Grown --DELIVERED (MIN 4000 SQFT) $0.59 56 Zoysia, -Empire, Sand Grown --INSTALLED (MIN 4000 SQFT) $0.49 DWJH, LLC d/b/a Leo's Sod is the Primary Contractor for line items: 48, 49, 50, 51 ,52, 53, 54, 55, and 56 ADDITIONAL SERVICES, ALL INCLUSIVE OF LABOR, MATERIALS, AND EQUIPMENT. (Contractor(s) awarded sod installation line item(s) shall be the provider of additional services, if requested by the Division, and their cost per square foot shall apply). Note: Required to bid if bidding sod installation line items. Site Preparation and Grade: Removal of existing turf/weeds with 57 one (1) herbicidal treatment, by hand, or with sod cutter and prepare $0.19 soil area to finished grade suitable for placement of new sod. 1 58 1 Staking and/or Pinninq of sod installation on sloped areas 1 $0.07 1 DWJH, LLC d/b/a Leo's Sod is the Primary Contractor for line items: 57 and 58 20 Agreement # 16-7032RR" Purchase and Delivery of Turfgrasses" DWJH, LLC DBA Leo's Sod 1 0 THIS AGREEMENT, made and entered into on this day of 2017, by and between Triple C Sod, Inc., Contractor authorized to do business in the State of Florida, whose business address is 1111 Edington Place, Marco Island, Florida 34145, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): IS: 1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing on Date of Board award and terminating one (1) year from that date or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Purchase order. 3. STATEMENT OF WORK. The Contractor shall provide Sale and Delivery of Turfgrasses in accordance with the terms and conditions of Invitation to Bid (ITB) #16-7032RR, with the exception of the "Detailed Scope of Work", and the Contractor's proposal, with the exception of the Bid Schedule/Bid Prices, referred to herein and made an integral part of this Agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.1 The Contractor is the Primary and Secondary for the services listed on Exhibit B — Negotiated Price Schedule. If the Primary Contractor cannot provide the requested service(s) within the timeframe specified by the user division then the Secondary Contractor will then be contacted as listed on Exhibit B — Negotiated Price Schedule. #16-7032RR Triple C Sod, Inc. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B — Negotiated Price Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the Road and Bridge Director or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." 4.1 Price Methodology: 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. 4.2 Any County agency may obtain products and services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for 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 the Agreement. 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. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Triple C Sod, Inc. Attention: Michael A. Muck, Owner 1111 Edington Place Marco Island, Florida 34145 Telephone: 239-253-7261 Email: triplecsod@aol.com All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: #16-7032RR Triple C Sod, Inc. Board of County Commissioners for Collier County, Florida c/o Road Maintenance Division 4800 Davis Boulevard Naples, Florida 34104 Telephone: 239-252-8924 Fax: 239-774-6406 Attention: Division Director, Travis D. Gossard The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement 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. 3 #16-7032R1 Triple C Sod, In In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 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. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $100,000 for each accident. D. Pollution: Such insurance shall have limits of not less than $1,000,000 each claim and in the aggregate. Special Requirements: Collier County Board of County Commissioners, Board of County Commissioners in Collier County, or Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify 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 Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 4 #16-7032R Triple C Sod, Inc. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor 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, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road and Bridge Division. 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Invitation to Bid (ITB) #16-7032RR, with the exception of the "Detailed Scope of Work", Contractor's proposal, with the exception of the Bid Schedule/Bid Prices, Exhibit A - Scope of Work, Exhibit B — Price Schedule, any subsequently quotes, and Insurance Certificate(s). 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 18. 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 111, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative #16-7032RR Triple C Sod, Inc. Procedure 5311. Violation of this provision may result in one or more of the following consequences: by the individual,• • • • -- 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 Agreement held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with 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; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(b) as stated as follows: APPLICATION OF CHAPTER 119, FLORIDA• THE CONTRACTOR'S • PROVIDE RECORDS O THIS CONTRACT, CONTACT• OF PUBLIC RECORDS 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 #16-7032RR Triple C Sod, Inc. 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. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant_ Agreement to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor's shall assign as many people as necessary to complete the Agreement on a timely basis, and each #16-7032RR Triple C Sod, Inc O person assigned shall be available for an amount of time adequate to meet the required service delivery dates. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 28. SECURITY. 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(D_collier oq v.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. #16-7032R Triple C Sod, Inv -0) IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts Dated: (SEAL) First Wq ess 1,16,f 'Z' 'IY4 k:�a TTypelprint witness nameT s TType/ int witness nameT Approved as to Form and Legality: Assistant County Attorney Print Name M Penny Taylor, Chairman Triple C Sod, Inc. Contractor By: 4, �e' gg� Sinn TType/print signature and titleT #16-70328 y� Triple C Scud, Inc. Exhibit A — Scope of Work 1. Specifications The Contractor will provide varieties of turfgrass sod that have been harvested, delivered, and/or installed in accordance with the following specifications and the most current and accepted Horticultural Industry's Standards and Practices, whichever is more restrictive. When Sod is to be picked up by the County it must be located within Collier County. 1 Turfgrass Sod Types & Varieties The turfgrasses for the resultant contract shall be Number 1 Quality/Premium grade and meet the requirements in the specifications. Below is a listing of turfgrass types and varieties that are required and may be ordered for the duration of the resultant contract term on an "as - needed" basis. Turfgrass Type Variety Bahiagrass Argentine Bermudagrass Certified Celebration and Tifway (Tifton 419) St. Augustinegrass Floratam Zoysiagrass Empire 1.2 Sod Description for Acceptance Division Representative that inspected goods and/or services shall provide the acceptance. Sod ordered shall be well-established, well rooted, healthy, nursery or field grown on 90% natural sand. Sod grown in peat bedded soil will not be accepted. 1.2.1 Sod shall be of the specific grass type ordered and in uniform green color with healthy blades. No dead turf, bare spots, or dormant sod. 1.2.2 Completed areas where sod has been laid are healthy, even in color, level, and viable turf is being established. 1.2.3 Sod shall be free of diseases, trees or shrubs, stones, thatch, and pests such as insects, nematodes, chinch bugs, spittlebugs, mites, billbugs and white grubs, webworms and other lawn caterpillars. It shall have less than one percent (1 %) of invasive weeds. 1.2.4 Top growth (grass blades or foliage) shall have no more than ten percent (10%) chlorosis, and contain no thatch or dead vegetation layer between each pad. 1.2.5 Sod must be mowed at a height of two inches (2"), or at the recommended height of the sod grower, prior to harvesting to ensure uniform heights when transplanted. 1.2.6 There shall be sufficient density so no surface soil is visible when mowed to a height of two inches (2"). 1.2.7 Individual sod pad size shall be cut to industry standard widths and lengths with a 10 #16Sod, InFj/n1 Triple C Sod, In � U deviation no greater than +/- 5%. Broken or uneven -ended pads will not be accepted. 1.2.8 Sod pad thickness for the following: St. Augustine and Bahia shall be no less than one inch (1") in depth and Bermuda shall be no less than one half inch (1/2") in depth. This requirement allows for rapid rooting to occur after installation due to a thinner soil layer. All other sod variations will be cut according to industry best practices. 1.2.9 Pad strength for standard size pads shall be mature, well rooted, and contain a soil layer thick enough to provide a strength that will support the pad's weight and maintain its size and shape when the pad is suspended vertically by hand on the upper ten percent (10%) of the pad section without tearing apart. 1.2.10 Moisture content for the soil side of the sod should be damp to moist and it must contain enough moisture so that the soil is not excessively dry or wet. Sod will not be accepted if it does not contain the proper amount of moisture and the soil layer has become hardened or loose. 1.3 Ordering The Contractor shall provide the sod and/or any installation services throughout the resultant Contract term on an "as -needed basis" per the order instructions. MOT may be required for sod bed services provided by the Contractor that are in County rights-of-way (ROW) and medians. 1.3.1 At order placement the Division will provide the bid line item being used, delivery or service location, and the scope of work to be completed. 1.3.2 Orders shall be processed within five (5) business days of order placement and in the quantities requested. 1.4 Scheduling Contractor shall notify the Division with a two (2) business day notification when the pickup, delivery or installations will occur. 1.5 Pickup or Delivery Pickup location must be within the borders of Collier County. Sod delivered and/or installed in order to maintain its integrity. Sod delivery tickets shall be provided with every order with the following listed: sod grass type and variety, quantity ordered, origin, and the date and time sod was harvested and loaded. 1.5.1 Sod shall be delivered at the specified site within twenty-four (24) hours after being harvested and laid within that time period. 1.5.2 Sod shall be covered if transporting period will be greater than one (1) hour. tl #16-7032RR Triple C Sod, Inc. 1.5.3 Sod should not be harvested or transported when moisture content may adversely affect sod survival. 1.5.4 Protect sod from sun, wind, dehydration, and rain prior to delivery, pickup and installation. 1.5.5 Sod with visible signs of heating or dehydration will be rejected. 1.5.6 For deliveries, Contractor shall arrange their work to cause a minimum of interference with normal traffic, both vehicular and pedestrian and shall be responsible for providing safe and suitable means of ingress and egress to all public and private properties during all stages of the work. 1.6 Bid Schedule Technical Specifications Bidders shall submit pricing for only the sections and/or line items in which they intend to provide products and/or services. Unit prices, as they pertain to the sections below, shall be all inclusive of delivery charges, surcharges for minimum order quantities, labor, transportation, off-loading, equipment, fuel, top soil, materials, disposal, and landscape tipping fees, and etc. At times, Maintenance of Traffic (MOT) will be required for service locations in Right -of -Way (ROW) medians and roadways; bid lines items have been added for the additional costs of MOT. 1.6.1 Section A. Sod Picked Up By County. Order Size: Cost per piece as described on the bid tab. Division shall arrange for sod to be picked up at the Contractor's location and the Contractor shall load the sod. The pickup location shall be an easily accessible location within the borders of Collier County. The individual orders shall be the cost per piece as indicated in the description on the bid schedule. Pallets shall be returned by the County and the Contractor agrees to fully refund the deposit upon return by issuing a credit to the County. 1.6.2 Section B. Sod Picked Up by County. Order Size: 400 square foot pallet This section is for the pickup of various types of sod by the County personnel. The individual orders shall consist of orders for 400 square foot pallet(s). The division shall arrange for sod to be picked up at the Contractor's location and the Contractor shall load the sod for the division. Pallets shall be returned by the County and the Contractor agrees to fully refund the deposit upon return by issuing a credit to the County. Vendor will be responsible for loading pallets onto County vehicles. Agreement # 16-7032RR" Purchase and Delivery of Turfgrasses" Triple C Sod, Inc. 12 0 1.6.3 Section C. Sod Delivered & Off -Loaded by Contractor / Order Size: 400 up to 2,400 square feet. Contractor shall deliver sod to the designated location(s) on the order and off-load. Individual order size shall consist of orders from 400 up to 2,400 square feet. Contractor may be required to deliver to a maximum of two (2) locations per order and all delivery fees shall be included in the unit prices. Pallets shall be returned by the County and the Contractor agrees to fully refund the deposit upon return by issuing a credit to the County. 1.6.4 Section D. Sod Delivered Off -Loaded and Installed by Contractor / Order Size: 400 up to 2,400 square feet. Contractor shall deliver sod, off-load, and provide services for sod bed preparation and installation. Individual orders shall consist of orders for 400 up to 2,400 square feet. Contractor may be required to deliver to a maximum of two (2) locations per order and all delivery fees shall be included in the unit prices. Note: Maintenance of Traffic (MOT) is required for deliveries in the Right -of -Way (ROW). The sod bed preparation and installation shall consist of the following: 1.6.4.1 Rake and clean sod bed area to remove dead turf, weeds, debris, brush, roots, and rocks. Contractor shall dispose of and haul it to the local landfill or recycle plant. 1.6.4.2 Rake soil level to a final grade finish. Ensure that its one inch below the grade of sprinkler heads or paved areas, such as concrete driveways, sidewalks, and curbing. Transplanted sod that does not conform to this requirement shall be removed to correct the subgrade so surfaces are level. 1.6.4.3 The Division shall be responsible for providing water at the work site prior to installation and immediately after installation. The Contractor shall notify and inform the Division to water sod bed just prior to installation because the soil needs to be moist when the sod is laid, and notify Division immediately after installation to water the sod. 1.6.4.4 In the event the final plant bed has been disturbed prior to the installation of the sod, the Contractor shall be responsible to re -grade at their expense. 1.6.4.5 Deliver, off-load, and install sod within twenty-four (24) hours of delivery. 1.6.4.6 Start by unrolling or laying whole pieces of sod along a straight edge, such as sidewalks, curbs, driveways, irrigation heads, mulch beds, plantings, trees, and other vertical surface areas by cutting and fitting tightly for finished edges. Cut the next piece of sod in half and lay it against the first piece of sod and stagger joints at the end of sod strips with adjacent strips (i.e. brick pattern). Sod shall be placed with edges abutting tightly to existing sod without creating overlap. There should be no bare soil showing along the seams, and sod pads must be level, if it is not level, the subgrade will need to be adjusted. Agreement # 16-7032RR" Purchase and Delivery of Turfgrasses" 13 O Triple C Sod, Inc. 1.6.4.7 Sod placement for ditches and canals shall be laid at right angles to the centerline. 1.6.4.11 In sloped areas, the sod bed shall be graded and then installed to prohibit erosion. The installations shall begin at the bottom and move upward. When requested by the Division, Contractor will be required to pin or stake sod, and slopes greater than 2:1, staking will be required to prevent movement. A line item in Additional Services on the bid schedule has been added for these services. 1.6.4.12 Tamp or pat down sod that has been installed to release air between soil and sod. 1.6.4.13 Roll sod with a sod roller to remove lumps, level, and set sod into the soil. 1.6.4.14 Contractor to notify the Division to water sod thoroughly after placement. Division shall provide the water. 1.6.5 Section E. Sod Delivered, Off -Loaded, and Installed by the Contractor / Order Size: 2,401 to less than a truckload. The order size shall consists of orders for 2,401 to less than a truckload of sod that will be delivered, off-loaded, and installed by the Contractor and they shall provide the services for sod bed preparation and installation as described in section 1.6.4. Contractor may be required to deliver to a maximum of two (2) locations per order and all delivery fees shall be included in the unit prices. Note: Maintenance of Traffic (MOT) is required for deliveries in the Right -of -Way (ROW). 1.6.6 Section F. Sod Delivered Off -Loaded and Installed by the Contractor / Order Size: Truckload The order size is for truckload of sod that will be delivered, off-loaded, and installed by the Contractor. Contractor shall deliver sod to the designated location(s) on the order, off- loaded, and provide services for sod bed preparation and installation as described in section 1.6.4. Contractor may be required to deliver to a maximum of two (2) locations per order and all delivery fees shall be included in the unit prices. Note: Maintenance of Traffic (MOT) is required for deliveries in the Right -of -Way (ROW). 1.6.7 Section G. Roll Sod Picked Up (1 roll minimum) and Delivered, Off -Loaded, and Installed by the Contractor (4,000 square feet minimum) This section has three (3) grass varieties (Bermuda -Certified Celebration, Bermuda-Tifway (Tifton 419), and Zoysia -Empire) for three (3) service categories (picked up; delivered and off-loaded; and sod delivered, off-loaded, and installed) for rolled sod. The minimum order size for picked up sod category for all varieties is one (1) roll. Division shall arrange for sod to be picked up at the Contractor's location and the Contractor shall load the sod. The pickup location shall be an easily accessible location within the borders of Collier County. The individual orders shall be the cost per piece as indicated in the description on the bid schedule. Agreement # 16-7032RR" Purchase and Delivery of Turfgrasses" &Triple C Sod, Inc. The minimum order - for delivered and off-loaded ••-•• for - 111 square feet.s • deliver sod to the designated • • on - order and • load. Contractor may be required to deliver• a maximum of • (2) locationsorder an I r requiredall •- - •- •-r • • - - • t for deliveries in th- • • ''• The minimum order size for delivered, off-loaded, and installed by the Contractor for all varieties is 4,000 square feet. Contractor shall deliver sod to the designated location(s) on the order, off-load provide services for sod bed preparation and installation as described in section 1.6.4. Contractor may be required to deliver to a maximum of two (2) locations per order and all delivery fees shall be included in the unit prices. Note: Maintenance of Traffic (MOT) is required for deliveries in the Right -of -Way (ROW). 1.6.8 Additional Services (all inclusive of labor, materials, and equipment) During the term of the agreement, the Division may request that the Contractor provide additional services for site preparation and grade and/or staking and /or pinning of sod installation on sloped areas. The unit price is cost per square foot. 1.6.8.1 Site Preparation and Grade 1.6.8.1.1 Kill existing turf and invasive weed growth by applying one (1) herbicidal treatment, such as Roundup. Allow sufficient time for product to work its way to the root system to completely kill the existing turf/weeds. Some divisions may require sod removal by hand or sod cutter where herbicides are not allowed. 1.6.8.1.2 When existing turf/weeds are dead, Contractor shall remove turf by hand or with a sod cutter. For requests of no herbicide treatment, Contractor shall cut existing sod with a sod cutter. Note: for safety reasons, sod cutters shall only be used in areas that are easily accessible and on flat terrain. 1.6.8.2 Staking and/or Pinning Staking and/or pinning of sod installations on slopes greater than 2:1. Staking is required to prevent movement. 2. Supervision Contractor must have skilled supervisor(s) in sod installations for the services listed in the specifications. The supervisor shall be on-site during installation ensuring employees work is performed to industry standards and conforms to the specifications. 3. Maintenance of Traffic (MOT) MOT Intermediate Level Certification will be required for Contractors that bid sections requiring deliveries and services in the ROW and medians. It shall be all inclusive in the unit price for the categories line items which indicate "w/ MOT" in the line item description to include MOT devices us Agreement # 16-7032RR" Purchase and Delivery of Turfgrasses" 15 Triple C Sod, Inc. for adequate traffic control and depending on the roadway and project it may include: signage, arrow boards, message boards, warning devices, barriers and flagmen. MOT is required for the safety and protection of Contractor's employees and motorists during the performance of services in the ROW and medians. It shall be the Contractor's sole responsibility for safety in the work zone. MOT shall conform to the latest edition of the FDOT, Design Standards, 600 series and The Manual on Uniform Traffic Control Devices (MUTCD), Section VI. A copy of the County's MOT policy can be obtained from Risk Management or Procurement Services Divisions. 3.1 Contractor or sub -contractor will be required to have current FDOT approved MOT Intermediate Level Certification for FDOT, Design Standards, 600 series prior to work commencing in the ROW medians and roadways. 3.2 The person responsible for the setup and maintenance of the traffic control plan shall possess FDOT approved certification in their name and they must be readily available to Division Work Zone Inspector within twenty (20) minutes of the initial contact for work zone safety issues. 4. Inspections Contractor shall provide a project work schedule for installation services in writing to the Division prior to work commencement so inspections can be performed on-site during the course of work. 4.1 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. At the Contractor's expense such deficiencies will be corrected within 48 hours after receipt of notification. 5. Clean Up The Contractor(s) is responsible for removing all debris from the site, cleaning paved surfaces and affected areas, and keep the premises free of debris and unusable materials resulting from their work and as work progresses. Contractor shall remove such debris and materials from the property. There will be no cost to the County for clean-up or debris removal costs. 6. Warranty Contractor guarantees sod meets the specifications and sod shall be of the variety ordered, consistent in color, quality, and free of visible defects, disease, and in healthy condition. Contractor shall replace within forty-eight (48) hours after receipt of notification. Agreement # 16-7032RR" Purchase and Delivery of Turfgrasses" 16(a Triple C Sod, Inc. 7. Minimum Qualifications Prior to contract award and upon request, any Bidder may be required to supply proof that the company has adequate facilities, equipment, and ability to perform the work as specified in a satisfactory manner. The company must have experience in similar nature and is able to provide references for the County to contact and verify. 8. Utilities Contractor shall be responsible in exercising caution while in the vicinity of utilities. Contractor shall call Sunshine 811 at 811 or 800-432-4770, Monday — Friday from 7:00 a.m. — 5:00 p.m. prior to digging. Sunshine 811 requires advance notice of two (2) full business days. Any damage to utilities will be the Contractor's sole responsibility. 9. 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 the requirements including the required timeframe. Deductions will be assessed when the Contractor fails to complete the work within the time specified as outlined on the Division documentation work request. The Division Representative that inspects the work shall confirm if the Contractor completed the work per the specifications and by the completion date as outlined on the Division work request. Contractors that do not meet the completion date or the requirements within the specifications shall be liable and agrees to a one hundred dollar ($100.00) deduction from the invoice. Note: Completion deadlines can be extended to due unforeseen circumstances at no fault to the Contractor or acts of force majeure that is beyond the Contractor's control. Contractor must request a date extension in writing with the reason of the delay prior to the completion date within twenty-four hours of the delay in writing to the Division Representative assigned to the project. Agreement # 16-7032RR" Purchase and Delivery of Turfgrasses" 17 CAD Triple C Sod, Inc. Exhibit B Negotiated Price Schedule SECTION A. SOD PICKED UP BY COUNTY / ORDER SIZE: COST PER PIECE AS REQUESTED IN DESCRIPTION SOD PICKED UP MUST BE IN COLLIER COUNTY (COUNTY SHALL RETURN ALL PALLETS) 1 Bahia -Argentine, Sand Grown Per Square Foot $0.20 2 Bermuda -Certified Celebration, Sand Grown Per Square Foot N/A 3 Bermuda Tifwa Tifton 419), Sand Grown Per Square Foot N/A 4 St. Au ustine-Floratam, Sand Grown Per Square Foot $0.40 5 Zoysia, -Empire, Sand Grown Per Square Foot $0.75 7 Pallet Deposit (Fully refunded upon returning pallets) $7.00 $7.00 Triple C Sod, Inc. is the Primary Contractor for line items: 1 and 4 Triple C Sod, Inc. is the Secondary Contractor for line item: 5 Triple C Sod, Inc. is the Primary Contractor for line items: 8 and 11 Secondary Contractor for line items: 9, 10, and 12 SECTION B. SOD PICKED UP BY COUNTY / ORDER SIZE: 400 SQUARE FEET 0 PALLET) SOD PICKED UP MUST BE IN COLLIER COUNTY (COUNTY SHALL RETURN ALL PALLETS) INPUT TRUCKLOAD SIZE IN SQUARE FEET: 8 Bahia -Argentine, Sand Grown $68.00 9 Bermuda -Certified Celebration, Sand Grown $192.00 10 Bermuda Tifwa Tifton 419), Sand Grown $192.00 11 St. Au ustine-Floratam, Sand Grown $120.00 12 Zoysia, -Empire, Sand Grown $170.00 14 Pallet Deposit (Fully refunded upon returning pallets) $7.00 $0.53 Triple C Sod, Inc. is the Primary Contractor for line items: 8 and 11 Secondary Contractor for line items: 9, 10, and 12 Triple C Sod, Inc. is the: Secondary Contractor for line items: 40, 41, 42, 43, and 44 SECTION F. SOD DELIVERED, OFF-LOADED, AND INSTALLED / ORDER SIZE: TRUCKLOAD INPUT TRUCKLOAD SIZE IN SQUARE FEET: 6400 TO 9000 40 Bahia -Argentine, Sand Grown 6400 FT. $0.29 41 Bermuda -Certified Celebration, Sand Grown 7200 FT. $0.69 42 Bermuda Tiffwa(Tifton 419), Sand Grown 7200 FT. $0.69 43 St. Au ustine-Floratam, Sand Grown 9000 FT. $0.40 44 Zo sia,-Empire, Sand Grown 7200 FT. $0.53 Triple C Sod, Inc. is the: Secondary Contractor for line items: 40, 41, 42, 43, and 44 Agreement # 16-7032RR" Purchase and Delivery of Turfgrasses" 18 Triple C Sod, Inc. INVITATION TO BID Date: January 3, 2017 From: Kristofer Lopez, Procurement Strategist (239) 252-8944 (Telephone) (239) 252-6756 (FAX) kristoferlopez@colliergov.net (Email) To: Prospective Vendors Subject: Solicitation: 16-7032RR Purchase and Delivery of Turf Grasses As requested by the Growth Management Department, 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: Melissa Pearson, Contract Administration Specialist Note: All ITB responses submitted must include one (1) original labeled MASTER, along with one (1) exact duplicate copies, including all required forms. 16-7032RR 1 ITB Template_11182016 16-7032RR ITB Template_11182016 2 Invitation to Bid Index Public Notice ................................................................................................................................... 3 Exhibit I: Scope of Work, Specifications and Response Format .................................................. 4 Exhibit III: Standard Purchase Order Terms and Conditions ...................................................... 18 Exhibit IV: Additional ITB Terms and Conditions ..................................................................... 21 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: ........................................................................ 22 Attachment 1: Vendor Submittal - Vendor’s Non-Response Statement ..................................... 29 Attachment 2: Vendor’s Check List ............................................................................................ 30 Attachment 3: Vendor Submittal - Bid Response Form .............................................................. 31 Attachment 4: Vendor Submittal – Local Vendor Preference Affidavit ...................................... 33 Attachment 5: Vendor Submittal – Immigration Affidavit........................................................... 34 Attachment 6: Vendor Substitute W – 9 ....................................................................................... 35 Attachment 7: Vendor Submittal - Insurance and Bonding Requirements .................................. 36 16-7032RR ITB Template_11182016 3 Public Notice Sealed bid responses for Solicitation 16-7032RR Purchase and Delivery of Turf Grasses, will be received electronically or manually only at the Collier County Government, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112 until 3:00 PM, Collier County local time on January 23, 2017. Solicitation responses received after the stated time and date will not be accepted. Solicitation 16-7032R Purchase and Delivery of Turf Grasses 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 for ms 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: Ted Coyman 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 January 3, 2017. 16-7032RR ITB Template_11182016 4 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Growth Management Department (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Invitation to Bid (hereinafter, “ITB”) with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, 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 The work specified in this Section consists of furnishing all labor, equipment, materials and services necessary for the purchase and/or delivery of various types of turf on pallets to Collier County in accordance with the specifications and subject to the terms and conditions of the resultant Contract. The resultant Contract shall be made available to all divisions and agencies within and par t of Collier County Government. Historically, County departments have spent approximately $500,000 annually on this service. This amount has been provided for reference only and no minimum amount is guaranteed or implied; future expenditures will be based on available County Department budgetary funding. Detailed Scope of Work County Community Redevelopment Agencies (CRA), Municipal Service Taxing Districts (MSTD) and Municipal Service Taxing Units (MSTU) are responsible for maintaining landscapes in roa dway rights- of-way (ROW), medians, parks, athletic fields and County owned facilities and leased buildings. Bidders shall be required to provide varieties of turfgrass sod and related installation services on an “as-needed” basis. 1. Specifications Contractor(s) awarded this bid will provide varieties of turfgrass sod that have been harvested, delivered, and/or installed in accordance with the following specifications and the most current and accepted Horticultural Industry's Standards and Practices, whichever is more restrictive. When Sod is to be picked up by the County it must be located within Collier County. 1.1 Turfgrass Sod Types & Varieties The turfgrasses for the resultant contract shall be Number 1 Quality/Premium grade and meet the requirements in the specifications. Below is a listing of turfgrass types and varieties that are required and may be ordered for the duration of the resultant contract term on an “as-needed” basis. Turfgrass Type Variety  Bahiagrass Argentine  Bermudagrass Certified Celebration and Tifway (Tifton 419)  St. Augustinegrass Floratam  Zoysiagrass Empire 16-7032RR ITB Template_11182016 5 1.2 Sod Description for Acceptance Division Representative that inspected goods and/or services shall provide the acceptance. Sod ordered shall be well-established, well rooted, healthy, nursery or field grown on 90% natural sand. Sod grown in peat bedded soil will not be accepted. 1.2.1 Sod shall be of the specific grass type ordered and in uniform green color with healthy blades. No dead turf, bare spots, or dormant sod. 1.2.2 Completed areas where sod has been laid are healthy, even in color, level, and viable turf is being established. 1.2.3 Sod shall be free of diseases, trees or shrubs, stones, thatch, and pests such as insects, nematodes, chinch bugs, spittlebugs, mites, billbugs and white grubs, webworms and other lawn caterpillars. It shall have less than one percent (1%) of invasive weeds. 1.2.4 Top growth (grass blades or foliage) shall have no more than ten percent (10%) chlorosis, and contain no thatch or dead vegetation layer between each pad. 1.2.5 Sod must be mowed at a height of two inches (2”), or at the recommended height of the sod grower, prior to harvesting to ensure uniform heights when transplanted. 1.2.6 There shall be sufficient density so no surface soil is visible when mowed to a height of two inches (2”). 1.2.7 Individual sod pad size shall be cut to industry standard widths and lengths with a deviation no greater than +/- 5%. Broken or uneven-ended pads will not be accepted. 1.2.8 Sod pad thickness for the following: St. Augustine and Bahia shall be no less than one inch (1”) in depth and Bermuda shall be no less than one half inch (1/2”) in depth. This requirement allows for rapid rooting to occur after installation due to a thinner soil layer. All other sod variations will be cut according to industry best practices. 1.2.9 Pad strength for standard size pads shall be mature, well rooted, and contain a soil layer thick enough to provide a strength that will support the pad's weight and maintain its size and shape when the pad is suspended vertically by hand on the upper ten percent (10%) of the pad section without tearing apart. 1.2.10 Moisture Content for the soil side of the sod should be damp to moist and it must contain enough moisture so that the soil is not excessively dry or wet. Sod will not be accepted if it does not contain the proper amount of moisture and the soil layer has become hardened or loose. 1.3 Ordering Contractor(s) shall provide the sod and/or any installation services throughout the resultant Contract term on an “as-needed basis” per the order instructions. MOT may be required for sod bed services provided by the Contractor that are in County rights-of-way (ROW) and medians. 1.3.1 At order placement the Division will provide the bid line item being used, delivery or service location, and the scope of work to be completed. 1.3.2 Orders shall be processed within five (5) business days of order placement and in the quantities requested. 16-7032RR ITB Template_11182016 6 1.4 Scheduling Contractor shall notify the Division with a two (2) business day notification when the pickup, delivery or installations will occur. 1.5 Pickup or Delivery Pickup location must be within the borders of Collier County. Sod delivered and/or installed in order to maintain its integrity. Sod delivery tickets shall be provided with every order with the following listed: sod grass type and variety, quantity ordered, origin, and the date and time sod was harvested and loaded. 1.5.1 Sod shall be delivered at the specified site within twenty-four (24) hours after being harvested and laid within that time period. 1.5.2 Sod shall be covered if transporting period will be greater than one (1) hour. 1.5.3 Sod should not be harvested or transported when moisture content may adversely affect sod survival. 1.5.4 Protect sod from sun, wind, dehydration, and rain prior to delivery, pickup and installation. 1.5.5 Sod with visible signs of heating or dehydration will be rejected. 1.5.6 For deliveries, Contractor shall arrange their work to cause a minimum of interference with normal traffic, both vehicular and pedestrian and shall be responsible for providing safe and suitable means of ingress and egress to all public and private properties during all stages of the work. 1.6 Bid Schedule Technical Specifications Bidders shall submit pricing for only the sections and/or line items in which they intend to provide products and/or services. Unit prices, as they pertain to the sections below, shall be all inclusive of delivery charges, surcharges for minimum order quantities, labor, transportation, off-loading, equipment, fuel, top soil, materials, disposal, and landscape tipping fees, and etc. At times, Maintenance of Traffic (MOT) will be required for service locations in Right -of-Way (ROW) medians and roadways; bid lines items have been added for the additional costs of MOT. 1.6.1 Section A. Sod Picked Up By County. Order Size: Cost per piece as described on the bid tab. Division shall arrange for sod to be picked up at the Contractor’s location and the Contractor shall load the sod. The pickup location shall be an easily accessible location within the borders of Collier County. The individual orders shall be the cost per piece as indicated in the description on the bid schedule. Pallets shall be returned by the County and the Contractor agrees to fully refund the deposit upon return by issuing a credit to the County. 1.6.2 Section B. Sod Picked Up by County. Order Size: 400 square foot pallet This section is for the pickup of various types of sod by the County personnel. The individual orders shall consist of orders for 400 square foot pallet(s). The division shall arrange for sod to be picked up at the Contractor’s location and the Contractor shall load the sod for the division. Pallets shall be returned by the County and the Contractor agrees to fully refund the deposit upon return by issuing a credit to the County. Vendor will be responsible for loading pallets onto County vehicles. 16-7032RR ITB Template_11182016 7 1.6.3 Section C. Sod Delivered & Off-Loaded by Contractor / Order Size: 400 up to 2,400 square feet. Contractor shall deliver sod to the designated location(s) on the order and off -load. Individual order size shall consist of orders from 400 up to 2,400 square feet. Contractor may be required to deliver to a maximum of two (2) locations per order and all delivery fees shall be included in the unit prices. Pallets shall be returned by the County and the Contractor agrees to fully refund the deposit upon return by issuing a credit to the County. 1.6.4 Section D. Sod Delivered, Off-Loaded, and Installed by Contractor / Order Size: 400 up to 2,400 square feet. Contractor shall deliver sod, off-load, and provide services for sod bed preparation and installation. Note: Maintenance of Traffic (MOT) is required for deliveries in the Right -of-Way (ROW). Individual orders shall consist of orders for 400 up to 2,400 square feet. The sod bed preparation and installation shall consist of the following: 1.6.4.1 Rake and clean sod bed area to remove dead turf, weeds, debris, brush, roots, and rocks. Contractor shall dispose of and haul it to the local landfill or recycle plant. 1.6.4.2 Rake soil level to a final grade finish. Ensure that its one inch below the grade of sprinkler heads or paved areas, such as concrete driveways, sidewalks, and curbing. Transplanted sod that does not conform to this requirement shall be removed to correct the subgrade so surfaces are level. 1.6.4.3 The Division shall be responsible for providing water at the work site prior to installation and immediately after installation. The Contractor shall notify and inform the Division to water sod bed just prior to installation because the soil needs to be moist when the sod is laid, and notify Division immediately after installation to water the sod. 1.6.4.4 In the event the final plant bed has been disturbed prior to the installation of the sod, the Contractor shall be responsible to re-grade at their expense. 1.6.4.5 Deliver, off-load, and install sod within twenty-four (24) hours of delivery. 1.6.4.6 Start by unrolling or laying whole pieces of sod along a straight edge, such as sidewalks, curbs, driveways, irrigation heads, mulch beds, plantings, trees, and other vertical surface areas by cutting and fitting tightly for finished edges. Cut the next piece of sod in half and lay it against the first piece of sod and stagger joints at the end of sod strips with adjacent strips (i.e. brick pattern). Sod shall be placed with edges abutting tightly to existing sod without creating overlap. There should be no bare soil showing along the seams, and sod pads must be level, if it is not level, the subgrade will need to be adjusted. 1.6.4.7 Sod placement for ditches and canals shall be laid at right angles to the centerline. 1.6.4.11 In sloped areas, the sod bed shall be graded and then installed to prohibit erosion. The installations shall begin at the bottom and move upward. When requested by the Division, the Contractor will be required to pin or stake sod, and slopes greater than 2:1, staking will be required to prevent movement. A line item in Additional Services on the bid schedule has been added for these services. 1.6.4.12 Tamp or pat down sod that has been installed to release air between soil and sod. 1.6.4.13 Roll sod with a sod roller to remove lumps, level, and set sod into the soil. 1.6.4.14 Contractor to notify the Division to water sod thoroughly after placement. Division shall 16-7032RR ITB Template_11182016 8 provide the water. 1.6.5 Section E. Sod Delivered, Off-Loaded, and Installed by the Contractor / Order Size: 2,401 to less than a truckload. The order size shall consists of orders for 2,401 to less than a truckload of sod that will be delivered, off-loaded, and installed by the Contractor and they shall provide the services for sod bed preparation and installation as described in section 1.6.4. Contractor may be required to deliver to a maximum of two (2) locations per order and all delivery fees shall be included in the unit prices. Note: Maintenance of Traffic (MOT) is required for deliveries in the Right-of-Way (ROW). 1.6.6 Section F. Sod Delivered, Off-Loaded, and Installed by the Contractor / Order Size: Truckload The order size shall consists of orders for truckload of sod that will be delivered, off -loaded, and installed by the Contractor and they shall provide the services for sod bed preparation and installation as described in section 1.6.4. Note: Maintenance of Traffic (MOT) is required for deliveries in the Right-of-Way (ROW). 1.6.7 Option 1. Water Service This is an option for water service that shall be all inclusive of labor, equipment, and water delivery per hour. Water shall be potable or reclaimed that is clean and fresh, non-brackish, and has no containments that would be harmful to the turf. It shall be the County’s discretion to request this service. 1.6.8 Additional Services (all inclusive of labor, materials, and equipment) During the term of the agreement, the Division may request that the Contractor provide additional services, such as site bed preparation and grade, staking and pinning, and rototilling for sod installations. A rate schedule has been added to the bid schedule listed as “Additional Services” and Contractor(s) that have been awarded sod installation line item(s) shall be the provider of additional services, if requested by the Division, and their cost per square foot shall apply. 1.6.8.1 Site Preparation and Grade 1.6.8.1.1 Kill existing turf and invasive weed growth by applying one (1) herbicidal treatment, such as Roundup. Allow sufficient time for product to work its way to the root system to completely kill the existing turf/weeds. Some divisions may require sod removal by hand or sod cutter where herbicides are not allowed. 1.6.8.1.2 When existing turf/weeds are dead, Contractor shall remove turf by hand or with a sod cutter. For requests of no herbicide treatment, Contractor shall cut existing sod with a sod cutter. Note: for safety reasons, sod cutters shall only be used in areas that are easily accessible and on flat terrain. 1.6.8.2 Staking and/or Pinning Staking and/or pinning of sod installations on slopes greater than 2:1, staking will be required to prevent movement. A line item in Additional Services on the bid schedule has been added for these services. 1.6.8.3 Rototilling Rototill to loosen compacted soil to depth of six (6) to eight (8) inches. Remove any debris that is unearthed, including rocks. Add and till-in two (2) to three (3) inches of organic matter. 16-7032RR ITB Template_11182016 9 2. Supervision Contractor must have skilled supervisor(s) in sod installations for the services listed in the specifications. The supervisor shall be on-site during installation ensuring employees work is performed to industry standards and conforms to the specifications. 3. Maintenance of Traffic (MOT) MOT Intermediate Level Certification will be required for Contractors that bid sections requiring deliveries and services in the ROW and medians. It shall be all inclusive in the unit price for the categories line items which indicate “w/ MOT” in the line item description to include MOT devices us for adequate traffic control and depending on the roadway and project it may include: signage, arrow boards, message boards, warning devices, barriers and flagmen. MOT is required for the safety and protection of Contractor’s employees and motorists during the performance of services in the ROW and medians. It shall be the Contractor’s sole responsibility for safety in the work zone. MOT shall conform to the latest edition of the FDOT, Design Standards, 600 series and The Manual on Uniform Traffic Control Devices (MUTCD), Section VI. A copy of the County’s MOT policy can be obtained from Risk Management or Procurement Services Divisions. 3.1 Contractor or sub-contractor will be required to have current FDOT approved MOT Intermediate Level Certification for FDOT, Design Standards, 600 series prior to work commencing in the ROW medians and roadways. 3.2 The person responsible for the setup and maintenance of the traffic control plan shall possess FDOT approved certification in their name and they must be readily available to Division Work Zone Inspector within twenty (20) minutes of the initial contact for work zone safety issues. 4. Inspections Contractor shall provide a project work schedule for installation services in writing to the Division prior to work commencement so inspections can be performed on-site during the course of work. 4.1 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. At the Contractor’s expense such deficiencies will be corrected within 48 hours after receipt of notification. 5. Clean Up The Contractor(s) is responsible for removing all debris from the site, cleaning paved surfaces and affected areas, and keep the premises free of debris and unusable materials resulting from their work and as work progresses. Contractor shall remove such debris and materials from the property. There will be no cost to the County for clean-up or debris removal costs. 6. Warranty Contractor guarantees sod meets the specifications and sod shall be of the variety ordered, consistent in color, quality, and free of visible defects, disease, and in healthy condition. Contractor shall replace within forty-eight (48) hours after receipt of notification. 16-7032RR ITB Template_11182016 10 7. Minimum Qualifications Prior to contract award and upon request, any Bidder may be required to supply proof that the company has adequate facilities, equipment, and ability to perform the work as specified in a satisfactory manner. The company must have experience in similar nature and is able to provide references for the County to contact and verify. 8. Utilities Contractor shall be responsible in exercising caution while in the vicinity of utilities. Contractor shall call Sunshine 811 at 811 or 800-432-4770, Monday – Friday from 7:00 a.m. – 5:00 p.m. prior to digging. Sunshine 811 requires advance notice of two (2) full business days. Any damage to utilities will be the Contractor’s sole responsibility. 9. 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 the requirements including the required timeframe. Deductions will be assessed when the Contractor fails to complete the work within the time specified as outlined on the Division documentation work request. The Division Representative that inspects the work shall confirm if the Contractor completed the work per the specifications a nd by the completion date as outlined on the Division work request. Contractors that do not meet the completion date or the requirements within the specifications shall be liable and agrees to a one hundred dollar ($100.00) deduction from the invoice. Note: Completion deadlines can be extended to due unforeseen circumstances at no fault to the Contractor or acts of force majeure that is beyond the Contractor’s control. Contractor must request a date extension in writing with the reason of the delay prior to the completion date within twenty-four (24) hours of the delay in writing to the Division Representative assigned to the project. Award Criteria ITB award criteria is as follows:  All questions on the Bid document shall be answered as to price(s), time req uirements, and required document submissions.  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, the following methodology will be used: The County may award by line, section, overall, or however best meets the interest of the County. It is the County’s intent to award to a pool of vendors by lowest price per line item. Any Contractor that persists in not delivering and installing the sod in a timely manner the County may eliminate them from the contract. 16-7032RR ITB Template_11182016 11 The County reserves the right to restrict the pickup location so it must be within the borders of Collier County.  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 (1) year renewals. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made prior to the contract anniversary date, in writing, to the Procurement Director. Price adjustments may be based upon multiple factors: the consumer price index (CPI) over the past twelve (12) months, market conditions and rate and budget availability. 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 January 3, 2017 Last Date for Receipt of Written Questions January 13, 2017 5:00 PM, Naples Local Time Addendum Issued Resulting from Written Questions January 18, 2017 Solicitation Deadline Date and Time January 23, 2017 3:00 PM, Naples Local Time Anticipated Evaluation of Submittals January 2017 Anticipated Completion of Contract Negotiations January 2017 Anticipated Board of County Commissioner’s Contract Approval Date February 2017 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 16-7032RR ITB Template_11182016 12 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. 16-7032RR ITB Template_11182016 13 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 vend ors 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. 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. 9. Questions 16-7032RR ITB Template_11182016 14 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 b e 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. Under this solicitation, bidders desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their 16-7032RR ITB Template_11182016 15 status as a local business. Any bidder who fails to submit sufficient documentation with their bid offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. Competitive bid (local price match option). Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Procurement Services Division shall determine if the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to businesses with drug-free workplace programs). If the lowest local bidder meets the requirements 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 fully matches the lowest bid, less one (1) dollar, f r o m the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087, and the lowest non- local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 13. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: 16-7032RR ITB Template_11182016 16  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. 16. General Information 16-7032RR ITB Template_11182016 17 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. 18. Reserved Rights Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet the additional or reduced requirements of Collier County. Collier County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award to one or more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the best interest of the County. Collier County reserves its right to reject any sole response. 16-7032RR ITB Template_11182016 18 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. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services 16-7032RR ITB Template_11182016 19 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 the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR acknowledges and 16-7032RR ITB Template_11182016 20 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. 16-7032RR ITB Template_11182016 21 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 16-7032RR ITB Template_11182016 22 vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor’s work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 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. 16-7032RR ITB Template_11182016 23 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. 16-7032RR ITB Template_11182016 24 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: 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 b e submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period 16-7032RR ITB Template_11182016 25 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, t he 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 Purchase Orders: The Consultant/Contractor/Vendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 16-7032 Purchase and Delivery of Turf Grasses will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this 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. 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 16-7032RR ITB Template_11182016 26 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 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 16-7032RR ITB Template_11182016 27 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 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 16-7032RR ITB Template_11182016 28 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. 16-7032RR ITB Template_11182016 29 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: 16-7032RR Purchase and Delivery of Turf Grasses 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: 16-7032RR ITB Template_11182016 30 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: 16-7032RR Purchase and Delivery of Turf Grasses  Opening Date: January 23, 2017 @ 3:00 PM 13. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) 14. If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature & Title Date 16-7032RR ITB Template_11182016 31 Attachment 3: Vendor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 16-7032RR Purchase and Delivery of Turf Grasses 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. 16-7032RR ITB Template_11182016 32 IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 2017 in the County of , in the State of . Firm’s Complete Legal Name Address City, State, Zip Florida Certificate of Authority Document Number Federal Tax Identification Number CCR # or CAGE Code Telephone Number FAX Number Signature / Title Type Name of Signature Date **************************************************************************************************** Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm’s Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address 16-7032RR ITB Template_11182016 33 Attachment 4: Vendor Submittal – Local Vendor Preference Affidavit Solicitation: 16-7032RR Purchase and Delivery of Turf Grasses (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) 16-7032RR ITB Template_11182016 34 Attachment 5: Vendor Submittal – Immigration Affidavit Solicitation: 16-7032RR Purchase and Delivery of Turf Grasses 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. 16-7032RR ITB Template_11182016 35 Attachment 6: Vendor Substitute W – 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit / Payment Information Address Address City State Zip City State _ Zip FAX FAX Email Email 2. Company Status (check only one) Individual / Sole Proprietor Corporation Partnership Tax Exempt (Federal income tax-exempt entity 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) 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 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.) 16-7032RR ITB Template_11182016 36 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 $100,000 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 $ 1,000,000 Per Occurrence Professional Liability $ per claim and in the aggregate  $1,000,000 per claim and in the aggregate  $2,000,000 per claim and in the aggregate Project Professional Liability $ Per Occurrence Valuable Papers Insurance $ Per Occurrence 16-7032RR ITB Template_11182016 37 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. 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