Agenda 02/27/2018 Item #16C 402/27/2018
EXECUTIVE SUMMARY
Recommendation to award Request for Proposal No. 17-7176, an annual contract for underground
utility parts and supplies, to Ferguson Waterworks, Inc., effective April 2, 2018.
OBJECTIVE: Obtain cost effective and timely underground utilities parts and supplies.
CONSIDERATIONS: Several departments within the Public Utilities Department, as well as in other
Departments in the County Manager’s Agency, routinely use underground utility parts and supplies in
their daily operations. Underground parts and supplies are required to repair various Public Utilities
Department assets located at the regional water treatment and water reclamation plants, and throughout
the irrigation quality, raw and potable water distribution networks, and the wastewater collection system.
On October 17, 2017, the Procurement Services Division released Request for Proposal No. 17-7176 to
695 vendors for Underground Utility Parts Supplier. Thirty-four (34) bid packages were downloaded, and
the County received three (3) proposals on November 16, 2017. A countywide selection committee of
five convened, reviewed, and ranked the firms as shown on the Selection Committee Final Ranking Sheet
(Attachment D) on December 12, 2017. Based on the Selection Committee’s review of the proposals, it
recommends that the Board award this agreement to Ferguson Enterprises, Inc.
FISCAL IMPACT: Funding is available in, and is consistent with, the FY18 Budget approved by the
Board of County Commissioners on September 28, 2017. Sources of funding include the Collier County
Water-Sewer District Operating Fund (408), and Capital Funds (412) and (414). Other County Manager’s
Agency divisions using this contract will provide funding from their respective budgets. The exact fiscal
impact will depend on the number of required repairs and installations of new assets during the life of the
contract; however, county departments have historically spent approximately $7,000,000 annually.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval. -SRT
GROWTH MANAGEMENT IMPACT: This action has no impact on the current Growth Management
Plan.
RECOMMENDATION: That the Board of County Commissioners, awards Request for Proposal No.
17-7176, an annual contract for underground utility parts and supplies, to Ferguson Waterworks, Inc.,
with an effective date of April 2, 2018, and authorizes the Chair to execute the attached agreement.
Prepared By: Christopher Johnson, Manager, PUD Inventory and Distribution Control
ATTACHMENT(S)
1. Attachment A - 17-7176 Ferguson_Agreement_Rev_VendSign (PDF)
2. Attachment B - 17-7176 Solicitation (PDF)
3. Attachment C - 17-7176 Selection Committee Score Sheets (PDF)
4. Attachment D - 17-7176 Final Rank (PDF)
5. Attachment E - 17-7176 NORA (PDF)
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02/27/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.4
Doc ID: 4685
Item Summary: Recommendation to award Request for Proposal No. 17-7176, an annual contract
for underground utility parts and supplies, to Ferguson Waterworks, Inc., effective April 2, 2018.
Meeting Date: 02/27/2018
Prepared by:
Title: – Public Utilities Department
Name: Heather Bustos
01/29/2018 10:28 AM
Submitted by:
Title: Department Head - Public Utilities – Public Utilities Department
Name: George Yilmaz
01/29/2018 10:28 AM
Approved By:
Review:
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 01/31/2018 9:41 AM
Procurement Services Swainson Hall Additional Reviewer Completed 02/02/2018 2:29 PM
Procurement Services Viviana Giarimoustas Additional Reviewer Completed 02/05/2018 12:05 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 02/05/2018 1:22 PM
Procurement Services Ted Coyman Additional Reviewer Completed 02/06/2018 10:18 AM
Water Steve Messner Additional Reviewer Completed 01/29/2018 10:41 AM
Wastewater Steve Messner Additional Reviewer Completed 01/29/2018 10:42 AM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 01/29/2018 12:55 PM
Public Utilities Department Heather Bustos Level 1 Division Reviewer Completed 02/12/2018 9:46 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 02/12/2018 1:10 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 02/14/2018 11:04 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/14/2018 11:47 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 02/16/2018 4:52 PM
County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 02/19/2018 12:36 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/19/2018 1:39 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/27/2018 9:00 AM
16.C.4
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
REQUEST FOR PROPOSAL (RFP)
FOR
UNDERGROUND UTILITY PARTS SUPPLIER
SOLICITATION NO.: 17-7176
VIVIANA GIARIMOUSTAS, PROCUREMENT STRATEGIST
PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FLORIDA 34112
TELEPHONE: (239) 252-8375
VivianaGiarimoustas@colliergov.net (Email)
This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations
to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any
subsequent award, or any other legal remedies available to the Collier County Government.
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TABLE OF CONTENTS
ITEM DESCRIPTION ........................................................................................................................................................
1.0 Introduction
2.0 Background
3.0 Term of Contract
4.0 Request for Proposal (RFP) Process
5.0 Grading Criteria for Development of Shortlist
Instruction to Proposers
6.0 Questions
7.0 Pre-Proposal Conference
8.0 Compliance with RFP
9.0 Ambiguity, Conflict, or Other Errors in the RFP
10.0 Proposals, Presentations, and Protest Costs
11.0 Validity of Proposals
12.0 Method of Source Selection
13.0 Evaluation of Proposals
14.0 References
15.0 Reserved Rights
16.0 Collier County Purchase Order Terms and Conditions
Additional Terms and Conditions for RFP
17.0 Insurance and Bonding Requirements
18.0 Additional items and/or Service
19.0 County’s Right to Inspect
20.0 Vendor Performance Evaluation
21.0 Additional Terms and Conditions of Contract
22.0 Public Records Compliance
23.0 Work Orders on Fixed Term Contracts
24.0 Payment Method
25.0 Environmental Health and Safety
26.0 Licenses
27.0 Survivability
28.0 Principal/Collusion
29.0 Relation of County
30.0 Termination
31.0 Lobbying
32.0 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)
33.0 Single Proposal
34.0 Protest Procedures
35.0 Public Entity Crime
36.0 Security and Background Checks
37.0 Conflict of Interest
38.0 Prohibition of Gifts to County Employees
39.0 Immigration law Affidavit Certification
Attachments
Attachment A – Scope of Services
Attachment B – Required RFP Forms
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FOR QUALIFICATIONS SUBMITTAL
SOLICITATION PUBLIC NOTICE
REQUEST FOR PROPOSAL (RFP)
NUMBER:
17-7176
PROJECT TITLE: UNDERGROUND UTILITY PARTS SUPPLIER
LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295
TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112
RFP OPENING DAY/DATE/TIME: Thursday, November 16, 2017 at 10:30 AM
PLACE OF RFP OPENING: PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FL 34112
All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System:
www.colliergov.net/bid
1. INTRODUCTION
As requested by the Public Utilities Division (hereinafter, the “Division or Department”), the Collier County Board of County
Commissioners Procurement Services Division (hereinafter, “County”) has issued this Request f or Proposal (hereinafter, “RFP”)
with the intent of obtaining proposals from interested and qualified vendors in accordance with the terms, conditions and
specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work
stated.
The results of this solicitation may be used by other County departments once awarded according to the Board of County
Commissioners Procurement Ordinance.
This agreement will be to provide commodity based equipment/parts to various County Divisions that include but are not limited to
the Public Utilities Engineering, Waste Water, Facilities Management Divisions, and the Parks and Recreation Division among
others, on an as needed basis. Historically, County departments have s pent approximately $7,000,000; however, this may not be
indicative of future buying patterns.
2. BACKGROUND
The Public Utilities Department has an around the clock requirement to respond to emergencies with the water/sewer district o f
Collier County. The County plans to evaluate the impact of expenditures as it relates to achieving best value for our customer base.
Proposers are encouraged to propose best value concepts programs and components that would further enhance this acquisition.
3. TERM OF CONTRACT
The contract term, if an award(s) is/are made is intended to be for three (3) years with one (3) year renewal. Prices shall remain
firm for the initial term of this contract.
Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing
structure.
4. REQUEST FOR PROPOSAL (RFP) PROCESS
4.1 The Proposers will submit a qualifications proposal which will be scored based on the criteria in Section 5.0 Grading
Criteria for Development of Shortlist, which will be the basis for short-listing.
The Proposers will need to meet the minimum requirements outlined herein in or der for their proposal to be evaluated and
scored by the COUNTY. The COUNTY will then grade and rank the firms and enter into negotiations with the top ranked
firm to establish cost for the services needed. With successful negotiations, a contract will be developed with the selected
firm, based on the negotiated price and scope of services and submitted for approval by the Board of County
Commissioners.
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4.2 The COUNTY will use a Selection Committee in the Request for Proposal selection process.
4.3 The intent of the scoring of the qualifications proposal is for respondents to indicate their interest, relevant experience,
financial capability, staffing and organizational structure.
4.4 Based upon a review of these qualification proposals, the COUNTY will rank the Proposers based on the discussion and
clarifying questions on their approach and related criteria, and then negotiate in good faith an Agreement with the top
ranked Proposer.
4.5 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top-ranked firm,
negotiations with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a
contract cannot be successfully negotiated with the firm ranked second, negotiations with that firm will be formally
terminated and negotiations shall begin with the third ranked firm, and so on. The COUNTY reserves the right to
negotiate any element of the proposals in the best interest of the COUNTY.
5. GRADING CRITERIA FOR DEVELOPMENT OF SHORTLIST:
5.1 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY’S Selection Committee to
score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing
materials. Proposals must address the following criteria:
Evaluation Criteria Maximum Points
1. Cover Letter / Management Summary 5 Points
2. Certified Minority Business Enterprise 5 Points
3. Capability of the Company 10 Points
4. Accountability and Fiscal Stability 20 Points
5. Savings to the County 25 Points
6. Business Plan 25 Points
7. Local Vendor Preference 10 Points
TOTAL POSSIBLE POINTS 100 Points
Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work
previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four
(24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County’s financial
system of record. The tie breaking procedure is only applied in the final ranking step of the selection process. In the event
a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at
least three (3) witnesses.
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Each criterion and methodology for scoring is further described below.
EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (5 Total Points Available)
Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in
providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact
person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any
awards as a result of this RFP.
EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points
Available/#Page Limitation)
Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified
Minority Business Enterprise.
EVALUATION CRITERIA NO. 3: CAPABILITY OF THE COMPANY (10 Total Points Available/ 5 Page
Limitation)
In this tab, include but not limited to:
• Indicate the number of years the company has been in business of providing utility parts to large customers
• Indicate the number years of experience the employees that will be assigned to the County has been in this type of
business.
• Submit the names and a brief synopsis of the employees that will be assigned to the County.
• Indicate the total amount of Governmental/Municipal and or private customers your company has had that required
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around the clock service.
• Indicate the name and number of Governmental entities your company has serviced in the pas t five years (January 1,
2012 December 31, 2016).
• Indicate turnaround time when vendor is out of stock for both common and uncommon purchased parts.
EVALUATION CRITERIA NO. 4: ACCOUNTABILITY AND FISCAL STABILITY (20 Total Points Available/ 4
Page Limitation)
In this tab, include but not limited to:
• Indicate the number of times your company was not able to provide the required material in the specified time
• Submit a short summary of this example and how the situation was rectified.
• Include the number of times the company or one of the Principals has filed for bankruptc y during the past five years
(January 1, 2012 – December 31, 2016).
• Indicate the number of times this company has been purchased in the past five years (January 1, 2012 – December
31, 2016).
• Provide the primary proposer’s Dun and Bradstreet Composite Credit Appraisal rating.
• Provide a copy of the Dun and Bradstreet report to primary proposer and a ll companies affiliated with the resultant
proposal.
The County requests that the vendor submit three (3) municipal or commercial references clients from the past five
(5) years whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information
on the projects completed by the vendor that best represent projects of similar size, scope and complexity of this project
using form provided in Attachment B – Form 8. Vendors may include two (2) additional pages for each project to
illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on
relevant project work.
EVALUATION CRITERIA NO. 5: SAVINGS TO THE COUNTY (25 Total Points Available/ 5 Page Limitation)
In this tab, include but not limited to:
• Provide the amount of the discount that your company will offer the County off the published MSRP price. Express
the discount using decimals.
• Submit a separate Excel spreadsheet providing examples of manufacturer’s suggested retail price items and the
discounts offered to the County.
• Provide the amount of any additional discount that may be offered to the County that is based on price quantity
and/or volume. Express the discount using decimals.
• Include examples of these discounts on the Excel spreadsheet requested above.
EVALUATION CRITERIA NO. 6: BUSINESS PLAN (25 Total Points Available/ 7 Page Limitation)
In this tab, include but not limited to:
• Detailed plan of approach, including but not limited to, management of the County’s required inventory and/or the
proposers inventory at a reasonable level to support “around the clock service.” Describe how the proposer will stock
and manage inventory.
• Describe your disaster recovery plan. Including post event availability, staffing, and a detail plan should your
primary distribution warehouse be damaged or destroyed.
• Include with the Business Plan how your firm will ensure that all parts are available within the specified time frame.
• Provide a narrative on your firms experience with integrating with a computerized enterprise asset management
system and the assistance you provided to your customer.
• Identify resources for assisting County in maintaining ordering parameters, forecasting, and monitoring stock levels
to provide the required material at the best price, on time, and delivered to the right location.
• Provide a description of how the online ordering systems works and the benefits of the system to Collier County.
• Describe the return policy specifically addressing excess project parts.
EVALUATION CRITERIA NO. 7: LOCAL VENDOR PREFERENCE (10 Total Points Available)
Local business is defined as the vendor having a current Business Tax Receipt issued by the Collier or Lee County Tax
Collector for at least one year prior to 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 or Lee County from which the
vendor’s staff operates and performs business in an area zoned for the conduct of such business.
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INSTRUCTIONS TO PROPOSERS
6. QUESTIONS
6.1 Direct questions related to this RFP to the Collier County Procurement Services Division Online Bidding System website:
www.colliergov.net/bid.
6.2 Proposers 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 noted on the cover page.
7. PRE-PROPOSAL CONFERENCE
7.1 The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff
regarding the RFP with all prospective vendors having an equal opportunity to hear and participate. Oral questions will
receive oral responses, neither of which will be official, nor become part of the R FP. Only written responses to written
questions will be considered official, and will be included as part of the RFP as an addendum.
7.2 All prospective vendors are strongly encouraged to attend, as, this will usually be the only pre -proposal conference for this
solicitation. If this pre-proposal conference is denoted as “mandatory”, prospective Vendors must be present in order to
submit a proposal response.
8. COMPLIANCE WITH THE RFP
Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFS may result in
disqualification.
9. AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RFP
It is the sole responsibility of the vendor if they discovers any ambiguity, conflict, discrepancy, omission or other error in the
RFP, to immediately notify the Procurement Professional, noted herein, of such error in writing and request modification or
clarification of the document prior to submitting the proposal. The Procurement Professional will make modifications by
issuing a written revision and will give written notice to all parties who have received this R FP from the Procurement Services
Division.
10. PROPOSALS, PRESENTATIONS, AND PROTEST COSTS
The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to
this RFP, nor for the presentation of its proposal and/or participation in any discussions, neg otiations, or, if applicable, any
protest procedures.
11. VALIDITY OF PROPOSALS
No proposal can be withdrawn after it is opened unless the vendor makes their request in writing to the County. All proposals
shall be valid for a period of one hundred eighty (1 80) days from the submission date to accommodate evaluation and selection
process.
12. METHOD OF SOURCE SELECTION
12.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as
authorized by Ordinance Number 2017-08, establishing and adopting the Collier County Procurement Ordinance.
13. EVALUATION OF PROPOSALS
13.1 The County’s procedure for selecting is as follows:
13.1.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted.
13.1.2 The Request for Proposal is issued.
13.1.3 Subsequent to the receipt closing date for the proposals, the Procurement Professional will review the proposals
received and verify each proposal to determine if it minimally responds to the requirements of the published RFP.
13.1.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services
Division.
13.1.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted
proposals, and establish the next selection committee meeting date and time. After the first meeting, the
Procurement professional will publically announce all subsequent committee meeting dates and times. The
subsequent meeting dates and times will be publicly posted with at least one (1) day advanced notice.
13.1.6 Selection committee members will independently review and score each pro posal based on the evaluation criteria
stated in the request for proposal using the Individual Selection Committee Score and Rank Form and prepare
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comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is
merely a tool to assist the selection committee member in their review of the proposals.
13.1.7 At the publicly noticed selection committee meeting, the members will present their independent findings /
conclusions / comments based on their reading and interpretation of the materials presented to each other, and
may ask questions of one another. Time will be allowed for public comment.
13.1.8 Collier County selection committee members may consider all the material submitted by the Proposer and other
information Collier County may obtain to determine whether the Proposer is capable of and has a history of
successfully completing projects of this type, including, without limitation, additional information Collier County
may request, clarification of proposer information, and/or additional credit information.
13.1.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly. The
committee will make a determination if oral presentations are needed and which firms will be invited to give oral
presentations by short listing the proposals submitted. The selection committee may ask for additional
information, present materials, interview, ask questions, etc. The members may consider any and all information
obtained through this method in formulating their final ranking.
13.1.10 The selection committee’s overall rank of firms in order of preference (from highest beginning with a rank of one
(1) to the lowest) will be discussed and reviewed by the Procurement Professional. By final consensus, and having
used all information presented (proposal, presentation, references, etc.), the selection committee members will
create a final ranking and staff will subsequently enter into negotiations.
13.2 The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications,
modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting
supplemental proposal information.
13.3 Receipt of a proposal by the County offers no rights upon the proposer nor obligates the County in any manner.
13.4 Acceptance of the proposal does not guarantee issuance of any other governmental approvals.
14. REFERENCES
14.1 The County reserves the right to contact any and all references submitted as a result of this solicitation.
15. RESERVED RIGHTS
15.1 Collier County reserves the right in any solicitation to accept or reject any or all bids, proposals or offers; to waive mino r
irregularities and technicalities; or to request resubmission. Also, Collier Coun ty reserves the right to accept all or any part
of any bid, proposal, or offer, and to increase or decrease quantities to meet additional or reduced requirements of Collier
County. Notwithstanding any other provisions of this Article, if none or only one r esponsive and responsible bid or
proposal is received following any solicitation, the County Manager, or designee, reserves the right to reject all bids,
proposals or offers and to negotiate with any responsible providers to secure the best terms and condi tions in the sole
interest of the County unless otherwise provided by law.
COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS
16. PURCHASE ORDER TERMS AND CONDITIONS
16.1 Offer
16.1.1 This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within
fourteen (14) days of issuance.
16.2 Acceptance and Confirmation
16.2.1 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.
16.2.2 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.
16.3 Inspection
16.3.1 All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and
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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.
16.3.2 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.
16.4 Shipping and Invoices
16.4.1 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.
16.4.2 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 w ill be taken on the full
amount of invoice.
16.4.3 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.
16.4.4 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.
16.5 Time Is Of the Essence
16.5.1 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 is not a waiver of the COUNTY’S right to insist
upon further compliance with all specifications.
16.6 Changes
16.6.1 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 ch ange is
ordered or within such additional period of time as may be agreed upon by the parties.
16.7 Warranties
16.7.1 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, encumbr ance or claim of any third party. These
warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY.
16.8 Statutory Conformity
16.8.1 Goods and services provided pursuant to this Purchase Order, and their production and transportat ion 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.
16.9 Advertising
16.C.4.b
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16.9.1 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.
16.10 Indemnification
16.10.1 VENDOR shall defend, 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.
16.11 Warranty of Non Infringement
16.11.1 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.
16.11.2 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).
16.11.3 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).
16.12 Insurance Requirements
16.12.1 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 thr ough insurers
authorized or eligible to write policies in the State of Florida.
16.13 Compliance with Laws
16.13.1 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 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.
16.14 Force Majeure
16.14.1 Neither the COUNTY nor VENDOR shall be responsible for any delay or failur e 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 COUNT Y.
16.15 Assignment
16.15.1 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.
16.16 Taxes
16.16.1 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.
16.17 Annual Appropriations
16.17.1 The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an
16.C.4.b
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17-7176 Underground Parts Supplier
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annual appropriation of funds.
16.18 Termination
16.18.1 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.
16.19 General
16.19.1 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 Twe ntieth
Judicial Circuit in and for Collier County, Florida
16.19.2 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.
16.19.3 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 p ersonal 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.
16.19.4 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.
16.19.5 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.
ADDITIONAL TERMS AND CONDITIONS FOR RFP
17. INSURANCE AND BONDING REQUIREMENTS
17.1 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized
to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The
Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of
the scope of work.
17.2 The County and the Vendor waive against each other and the County’s separate Vendors, Contractors, Design Vendor,
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 Vendors and
Subcontractors and shall require each of them to include similar waivers in their contracts.
17.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
17.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of
Collier County.”
17.5 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.
17.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of In surance
must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work
performed on behalf of Collier County. The "Certificate Holder" should read as follows:
Collier County Board of County Commissioners
Naples, Florida
17.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and
Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If
Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor
must identify on the Certificate of Insurance the nature and amount of such self - insured retentions or deductibles and
16.C.4.b
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provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles
will be Vendor’s sole responsibility.
17.8 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.
17.9 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.
17.10 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.
17.11 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.
18. ADDITIONAL ITEMS AND/OR SERVICES
Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the
Procurement Ordinance.
19. COUNTY’S RIGHT TO INSPECT
The County or its authorized Agent shall have the right to inspect the Vendor’s facilities/project site during and after each
work assignment the Vendor is performing.
20. VENDOR PERFORMANCE EVALUATION
The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To
this end, vendors will be evaluated on their performance upon completion/termination of this Agreement.
21. ADDITIONAL TERMS AND CONDITIONS OF CONTRACT
21.1 The selected Vendor shall be required to sign a standard Collier County contract.
21.2 The resultant contract(s) may include purchase or work orders issued by the County’s project manager .
21.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for
the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The
County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided
by the Vendor.
21.4 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.
22. PUBLIC RECORDS COMPLIANCE
22.1 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
16.C.4.b
Packet Pg. 831 Attachment: Attachment B - 17-7176 Solicitation (4685 : Award RFP 17-7176, Annual Contract for Underground Utility Parts to Ferguson
17-7176 Underground Parts Supplier
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3299 Tamiami Trail East
Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
22.2 The Contractor must specifically comply with the Florida Public Records Law to:
22.2.1 Keep and maintain public records required by the public agency to perform the servic e.
22.2.2 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.
22.2.3 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 fol lowing
completion of the contract if the Contractor does not transfer the records to the public agency.
22.2.4 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 confidentia l 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 electron ically 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.
23. WORK ORDERS ON FIXED TERM CONTRACTS
23.1 The County reserves the right to order such services from selected firms as may be required during said period, but does
not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work
Order service assignments shall be at the sole discretion of the County.
23.2 Agreements issued that are determined to be “CONTINUING CONTRACTS” where services will be requested by Work
Orders in excess of $200,000 shall be approved by the Board of County Commissioners.
23.3 Should any project that is active on a work order extend past the contract termination date, that work order will be active
and extended as necessary until completion of such project.
24. PAYMENT METHOD
24.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes.
Vendor’s invoices must include:
24.1.1 Purchase Order Number
24.1.2 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 East, Suite 700
Naples FL 34112
Or
Emailed to: bccapclerk@collierclerk.com
24.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of
invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission
of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of “laches” as
untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this
agreement.
24.3 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.
24.4 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for
payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes,
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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.
25. ENVIRONMENTAL HEALTH AND SAFETY
25.1 All Vendors and Sub Vendors performing service for Collier County are required and shall comply with all Occupational
Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other
applicable rules and regulations. Vendors and Sub Vendors shall be responsible for the safety of their employees and any
unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All
firewall penetrations must be protected in order to meet Fire Codes.
25.2 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.
25.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash
Studies where relevant as determined by the engineer.
25.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels.
26. LICENSES
26.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations
necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local
Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be
submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County
account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of
any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an
office within Collier County is also required to have an occupational license.
26.2 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 w ill
need to be renewed thereafter to remain “active” in Collier County.
26.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and
Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses,
please contact the Tax Collector’s Office at (239) 252 -2477.
27. SURVIVABILITY
The Vendor agrees that any Work Order/Purchase Order that extends beyond the expiration date of Solicitation 17-7176
Underground Utility Parts Supplier resultant of this solicitation will survive and remain subject to the terms and
conditions of that Agreement until the completion or termination of any Work Order/Purchase Order.
28. PRINCIPAL/COLLUSION
By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this
Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in
this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company
or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud.
29. RELATION OF COUNTY
It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the
Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the
County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents,
resulting in either bodily or personal injury or property damage to any individual, firm, or corporation.
30. TERMINATION
Should the Vendor 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 Directo r, 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.
31. LOBBYING
16.C.4.b
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After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact,
communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed
official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final
contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employe e
or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for
award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outline d
in section Twenty-eight of County Ordinance 2017-08.
32. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL 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.
33. SINGLE PROPOSAL
Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity
as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture
submitting as primary may not then act as a sub-vendor to any other firm submitting under the same RFP. If a legal entity is
not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub -vendor to
any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-
responsive and rejected from further consideration.
34. PROTEST PROCEDURES
34.1 With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions
governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further
negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within three
(3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement
of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed .
Formal protests of the terms, conditions and specifications shall contain all of the information required for the
Procurement Services Director, to render a decision on the formal protest and determine whether postponement of the bid
opening or proposal/response closing time is appropriate. The Procurement Services Director's decision shall be
considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's decision.
34.2 Any actual proposer or respondent to who desires to protest a recommended contract award shall submit a notice of intent
to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and County holidays,
from the date of the initial posting of the recommended award.
34.3 All formal protests with respect to a recommended contract award shall be submitted in writing to the Procurement
Services Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and
County holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and
accompanied by the required fee.
34.4 Complete form and instructions for formal protest are set forth in Section 23 of Collier County Ordinance 2017 -08. The
protesting party must have standing as defined by established Florida case law to maintain a protest.
35. PUBLIC ENTITY CRIME
A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime may not
submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid,
proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not
submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a
contractor, supplier, subcontractor, or vendor under a contract with any public entity; and may not transact business with any
public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months
following the date of being placed on the convicted Vendor list.
36. SECURITY AND BACKGROUND CHECKS
36.1 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
16.C.4.b
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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.
36.2 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 f rom
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.
36.3 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.
36.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. Thi s will be coordinated
upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs.
37. CONFLICT OF INTEREST
Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any
potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm fr om
consideration. These disclosures are intended to identify and or preclude conflict of interest si tuations during contract
selection and execution.
38. 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 othe r 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.
39. IMMIGRATION LAW AFFIDAVIT CERTIFICATION
39.1 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.
39.2 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 Request for Professional Services (RFP) and construction services.
39.3 Exceptions to the program:
39.3.1 Commodity based procurement where no services are provided.
39.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners
39.4 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 the acceptable E-Verify evidence and the executed affidavit the
bidder’s / Vendor’s proposal may be deemed non-responsive.
39.5 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.
39.6 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.
39.7 Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for
complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and
regulations relating thereto, as either may be amended and with the provis ions 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
16.C.4.b
Packet Pg. 835 Attachment: Attachment B - 17-7176 Solicitation (4685 : Award RFP 17-7176, Annual Contract for Underground Utility Parts to Ferguson
17-7176 Underground Parts Supplier
16
of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately.
END OF ADDITIONAL TERMS AND CONDITIONS FOR RFP
16.C.4.b
Packet Pg. 836 Attachment: Attachment B - 17-7176 Solicitation (4685 : Award RFP 17-7176, Annual Contract for Underground Utility Parts to Ferguson
16.C.4.c
Packet Pg. 837 Attachment: Attachment C - 17-7176 Selection Committee Score Sheets (4685 : Award RFP 17-7176, Annual Contract for Underground Utility
16.C.4.c
Packet Pg. 838 Attachment: Attachment C - 17-7176 Selection Committee Score Sheets (4685 : Award RFP 17-7176, Annual Contract for Underground Utility
16.C.4.c
Packet Pg. 839 Attachment: Attachment C - 17-7176 Selection Committee Score Sheets (4685 : Award RFP 17-7176, Annual Contract for Underground Utility
16.C.4.c
Packet Pg. 840 Attachment: Attachment C - 17-7176 Selection Committee Score Sheets (4685 : Award RFP 17-7176, Annual Contract for Underground Utility
16.C.4.c
Packet Pg. 841 Attachment: Attachment C - 17-7176 Selection Committee Score Sheets (4685 : Award RFP 17-7176, Annual Contract for Underground Utility
Selection CommitteeFinal Ranking SheetRFP #:17-7176Title: Underground Utility Parts SupplierName of Firm Pamela Libby Chris Johnson Kurt Jokela Scott Holtrey Alicia Abbott TotalSelection CommitteeFinal Rank Ferguson Enterprises Inc111115 1.0000Fortiline Inc2233212 2.0000Core & Main LP3322313 3.0000Total66666Procurement Professional Viviana GiarimoustasPage 1 of 116.C.4.dPacket Pg. 842Attachment: Attachment D - 17-7176 Final Rank (4685 : Award RFP 17-7176, Annual Contract for
16.C.4.e
Packet Pg. 843 Attachment: Attachment E - 17-7176 NORA (4685 : Award RFP 17-7176, Annual Contract for Underground Utility Parts to Ferguson Waterworks,