Agenda 09/22/2015 Item #16A15 9/22/2015 16.A.15.
EXECUTIVE SUMMARY
Recommendation to reject all responses received for Invitation to Bid 15-6467 for
the Purchase and Installation of Mulch.
OBJECTIVE: That the Board of County Commissioners (Board) reject ITB #15-6467, Purchase
and Installation of Mulch.
CONSIDERATIONS: On May 19, 2015, the Purchasing Division solicited bids to provide
costs for the Purchase and Installation of Mulch ITB #15-6467. The County opened the
solicitation on June 19, 2015, and a total of nine hundred thirty two (932) notifications were sent
out. Thirty (30) vendors downloaded the specifications and four (4) vendors' submitted
proposals. Staff reviewed each submittal, and it was determined that the vendors did not complete the
price schedule for each services outlined;therefore,the overall lowest bidder could not be determined.
In an effort to promote fair and open competition, it is the opinion of the staff in Road
Maintenance Landscape Operations and Procurement Services divisions that the Board should
reject responses for ITB #15-6467. Staff intends to make necessary modifications to the
solicitation to promote broader participation by requesting different methods for mulch
installation, and to repost the solicitation as soon as possible.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires majority vote for approval. —CMG
RECOMMENDATION: Recommendation that the Board rejects Invitation to Bid #15-6467.
Purchase and Installation of Mulch,
Prepared by: Pamela Lulich, Manager. Road Maintenance Landscape Operations Division.
Growth Management Department
Attachment: 1) 1TB 15-6467: Purchase and Installation of Mulch Solicitation
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.15.
Item Summary: Recommendation to reject all responses received for Invitation to Bid 15-
6467 for the Purchase and Installation of Mulch.
Meeting Date: 9/22/2015
Prepared By
Name: Salma Nader
Title: VALUE MISSING
8/24/2015 2:44:42 PM
Submitted by
Title: Manager-Landscape Operations, Growth Management Department
Name: LulichPamela
8/24/2015 2:44:43 PM
Approved By
Name: HerreraGloria
Title: Management/Budget Analyst, Growth Management Department
Date: 8/24/2015 4:00:40 PM
Name: LulichPamela
Title: Manager-Landscape Operations, Growth Management Department
Date: 8/25/2015 1:56:36 PM
Name: KearnsAllison
Title: Manager Financial &Operational Support, Growth Management Department
Date: 8/26/2015 4:39:55 PM
Name: ShueGene
Title: Division Director-Operations Support, Growth Management Department
Date: 8/27/2015 5:57:47 PM
Name: LynchDiane
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Title: Supervisor-Operations, Growth Management Department
Date: 8/27/2015 6:43:40 PM
Name: GossardTravis
Title: Division Director-Road Maintenance, Growth Management Department
Date: 8/31/2015 8:29:34 AM
Name: MarcellaJeanne
Title: Executive Secretary, Growth Management Department
Date: 8/31/2015 11:08:50 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 9/1/2015 2:09:58 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 9/3/2015 9:59:42 AM
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 9/4/2015 11:08:05 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/4/2015 1:24:27 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 9/9/2015 10:48:05 AM
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Colter County
Administrative Services Department
Procurement Services Division
INVITATION TO BID
Date: May 19, 2015
From: Evelyn Colon, Procurement Strategist
(239) 252-2667 (Telephone)
(239) 252-2810 (FAX)
evelyncolon @colliergov.net (Email)
To: Prospective Vendors
Subject: Solicitation: # 15-6467, Purchase and Installation of Mulch
As requested by the Growth Management Division, the Collier County Board of County
Commissioners Purchasing Department has issued this ITB for the purpose of obtaining
fair and competitive responses.
Please refer to the Public Notice included in this document for the opening date and
time and any applicable pre-ITB conference.
All questions regarding this ITB must be submitted online on the Collier County
Purchasing Department Online Bidding System website: www.colliergov.net/bid. All
responses to questions will be posted on the website with electronic notification to all
prospective vendors.
We look forward to your participation in Collier County's competitive procurement
process.
cc: Liz Soriano, Project Manager
Note: All ITB responses submitted must include one (1) original labeled MASTER,
along with one (1) compact disks (CD). CD must include a copy of the proposal in
Word, Excel or PDF and all required forms.
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Invitation to Bid
Index
Public Notice 3
Exhibit I: Scope of Work, Specifications and Response Format 4
Exhibit II: General Bid Instructions 9
Exhibit Ill: Standard Purchase Order Terms and Conditions 15
Exhibit IV: Additional ITB Terms and Conditions 18
Attachment 1: Vendor Submittal -Vendor's Non-Response Statement 25
Attachment 2: Vendor's Check List 26
Attachment 3: Vendor Submittal - Bid Response Form 27
Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit 29
Attachment 5: Vendor Submittal — Immigration Affidavit 30
Attachment 6: Vendor Substitute W—9 31
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements 32
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Gol.lier Gounty
Administrative Services Department
Procurement Services Division
Public Notice
Sealed bid responses for Solicitation # 15-6467, Purchase and Installation of Mulch, will be
received electronically only at the Collier County Government, Purchasing Department, 3327
Tamiami Trail E, Naples, FL 34112 until 3:00PM, Collier County local time on June 19, 2015.
Solicitation responses received after the stated time and date will not be accepted.
Solicitation # 15-6467, Purchase and Installation of Mulch
All questions regarding this ITB must be submitted online on the Collier County Purchasing
Department Online Bidding System website: www.colliergov.net/bid. All responses to questions
will be posted on the website with electronic notification to all prospective vendors.
All solicitation responses must be made on the official ITB response form included and only
available for download from the Collier County Purchasing Department Online Bidding System
website noted herein. ITB Documents obtained from sources other than Collier County
Purchasing may not be accurate or current.
Collier County encourages vendors to utilize recycled paper on all manual bid response
submittals.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Joanne Markiewicz
Director, Procurement Services Division
Publicly posted on the Collier County Purchasing Department website:
www.colliergov.net/purchasing and in the lobby of the Purchasing Building on May 19, 2015.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Growth Management Division (hereinafter, the "Division"), 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 Purchasing Policy.
Brief Description of Purchase
These specifications are intended to provide the information by which prospective bidders may
understand the minimum requirements of Collier County relative to entering into a Contract to
furnish, deliver and provide services related to installing the mulch for Collier County Arterial Road
Rights-of-Way within the boundaries of Collier County as specified within.
All sections of the General Specifications may not be applicable to all roadway segments listed.
The work covered by this Contract requires a completion per segment. This requires the furnishing
all labor, equipment, materials and services necessary to satisfactorily perform the installation of
the mulch, as determined by the Project Manager or the designated Owner's Representative.
Historically, County departments have spent approximately $572,293.00.
Detailed Scope of Work
The areas of work included in these specifications are located as described below and/or as
shown on the plans attached to these specifications to include dry/wet retention areas, side ROW
trees/palms, and medians described in this contract. The contractor must purchase and install the
mulch in the areas specified below. Meetings will be required with County personnel to review
work prior and after completion.
Re-mulching of plant beds and individual plant mulch rings shall have a two inch (2") non-
compacted layer of mulch applied. Mulch distribution within a tree or palm area shall begin six
inches away from the trunk of the tree or palm. Mulch shall not be piled against any plant
branches or trunks. Mulch shall not be placed over valves or valve boxes that are located within
mulched areas and shall not be placed near or on the trunks of shrubs, trees or palms. Once the
mulch is installed the curbs, sidewalks and any hardscape must be cleaned up and maintained
mulch free.
Work trucks or heavy equipments must not be parked on the sidewalks, medians or private
property.
Lane Closures and Maintenance of Traffic
The Contractor shall comply with the requirements of Collier County's Maintenance of Traffic
(MOT) Policy, copies of which are available through the Risk Management or Purchasing
Department. The Contractor shall obtain and review and obtain the County MOT policy
requirements prior to submitting a bid. Upon approval of a MOT Plan and proper placement of
lane closed signs, pre-warning signs, arrow boards, traffic cones etc., the lane may be restricted
from traffic.
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• The Contractor will be responsible for obtaining copies of all required manuals,
MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related
documents, so to become familiar with their requirements. Strict adherence to the
requirements of the MOT policy will be enforced under this Contract.
• To assist in employee visibility; approved bright day-glow red/orange colored safety
vests (Class 3) shall be worn by employees when servicing the area.
• A directional lighted and flashing arrow board will be required under this Contract that
meets the traffic control requirements.
• Provide proof of Intermediate Maintenance of Traffic Certification.
Lane Closure
Lane closure for the median mulching shall be limited. Upon proper placement of lane closed
signs, pre-warning signs, arrow boards, traffic cones etc., the lane may be restricted from traffic
only during non-peak traffic periods 9:30 A.M. - 3:30 P.M., Monday through Friday, and 8:00 A.M.
- 5:00 P.M. Saturday and Sunday, unless otherwise approved by the Project Manager. The lane
closure shall be indicated on a weekly basis and submitted thru the Road Alert system one week
prior to work commencing, copy of form needed to be submitted is included in this contract. The
contractor shall contact County Public Information Specialist the Wednesday before lane closures
are planned for Collier County's public road alert notification. A Road Alert form must be
submitted (form provide by County).
The contractor must follow all FDOT Maintenance of Traffic policy and a MOT plan must be
submitted with the bid to be considered.
Mulch Specifications
Collier County uses on the roadways a premium grade A color enhanced pine mulch. The mulch
used by Collier County must be 100% pine. The pine used should be from commercial logging or
harvesting and should come from recycled materials such as land clearing. Mulch must contain
only natural wood fibers and free from any contaminations. The mulch must be cured in order to
eliminate seed germination of invasive plants or weeds. The mulch must be shredded to a size no
larger than 3 '/z" but should not be so thin that breaks down faster.
The pigment used is a burnt orange or equal look and must last after installed for a minimum of six
months, for the majority of the roadways. On Golden Gate Blvd. due to it's rural look and location
the color must be chocolate brown or equal.
Samples of the 2 cf. bags with material must be submitted with the bid, two bags for each color. If
samples are not submitted your bid will not be considered.
The unit price shall include the following:
Purchase of the mulch as per specifications
Delivery to the site
Labor to install
Maintenance of traffic set-up and take down
Lane closure forms sent to County personnel
All on-site meetings that the Project Manager deems necessary for a smooth project completion.
Clean up of all hardscape areas including but not limited to sidewalks, curbs, street, etc after
mulching
The cleanup of any mulch on top of plants, valve boxes or structures
Removal of all pallets from the site at the end of work day
Payments
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An invoice can be sent to Finance at the completion of a full roadway segment. iln order to receive
payment mulch must be 100% complete in the specified roadway segment, Collier County will
inspect to ensure that the specifications have been met. The vendor may be called out to the site
to inspect with County personnel or must return back to the site to fix any deficiencies before
invoice is approved for payment. If the vendor fails to address any issues the County reserves the
right not to pay the vendor for incomplete work. Once the discrepancies have been communicated
to the vendor, the vendor has seven calendar days to address and fix the issues to the County's
specifications and satisfaction.
Roadways and limits to be mulched:
• Livingston Road from Radio Road to the County Line, this segment includes all medians,
ROW trees and palms, dry and wet retention areas. There are two landscaped and irrigated
pond sites (wet retention areas) that will need to be mulched they are located as follows: (1)
SE corner of Livingston Road and Golden Gate Parkway, (2) SW corner of Livingston Road
and Pine Ridge Road. On Pine Ridge Road to Vanderbilt Beach Road we have planted areas
with the dry retention areas on the East side of the road that will need to be mulched.
• US 41 North from Seagate to the County Line, this segment includes all medians and ROW
trees and palms on both the east and West side of the road only from Wiggans Pass to the
County Line.
• Goodlette Road from Golden Gate Parkway to Vanderbilt Beach Road, this segment include
all medians. From Golden Gate Parkway to Pine Ridge Road there are palms on both the west
and east side of the road. At the SE corner of Pine Ridge Road there is a berm that will also
need to mulch From Pine Ridge Road to Vanderbilt Beach Road there are two wet retention
areas on the NW corner of Pine Ridge Road and a dry retention area on the NW corner of
Carica Rd. There are side row trees and palms on the West side of the road and
approximately five trees on the NE corner of Pine Ridge Road (Black Olive Shady Lady).
There is a small berm at the end of Carica Road that will need to be mulched.
• Airport Road from Peter St to Vanderbilt Beach Road, this segment includes all the medians.
There is side ROW palms on both the west and east side of the roadway from Longboat Drive
to Estuary Drive. From Cougar Drive to Vanderbilt Beach Road there are trees on the west
side of the road. Orange Blossom Dr is also part of this segment. We have medians and trees
on the south side of the road from Airport Rd to Cay Lagoon Dr. There is a pond site (wet
retention area) at the west side of Yarberry Lane off of Orange Blossom Drive.
• Collier Blvd from City Gate Blvd to 18th Ave SW, medians only.
• Collier Blvd from Jolley Bridge to Port au Prince Road, medians only and at the Jolley Bridge
both sides of the embankment at the bridge.
• US 41 East from Sandpiper Blvd to Collier Blvd, this segment include all medians, side ROW
trees on both the south and north of the road. There is a pond site (wet retention area) on the
north ROW at Catalina Dr.
• Davis Blvd from Sandpiper Blvd to County Barn Road, medians only.
• Vanderbilt Beach Road from Airport Road to Collier Blvd medians only.
• Golden Gate Parkway from Bear's Paw Trail to Collier Blvd, this segment includes all medians,
wet retention areas, side ROW trees/palms and interchange areas. From Airport Rd to
Livingston Road we have two wet retention areas one on the south side of the road and the
other on the north side just east of Golden Gate Parkway. There are side ROW trees from just
west of Golden Gate Parkway to Santa Barbara Blvd. On the portion by 1-75 all the ramp and
embankment areas must be mulched. From Santa Barbara to Collier Blvd only medians.
• Pine Ridge Road from Crayton Road to Logan Blvd medians, side ROW trees/palms and
Interchange area. There is ficus hedge from Forest Lakes Blvd to Woodshire lane on the south
side of the road that will need to be mulched. There side ROW trees/palms on both the north
and south from Airport Road to Vineyards Blvd. The 1-75 Interchange area all four quadrants
must be mulch trees/palms only.
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• Immokalee Road from 111th Ave to Collier Blvd. this segments includes medians and the
Interchange area. The 1-75 Interchange area has four quadrants and a pump station in the pond
site that must be mulched.
• Golden Gate Blvd from Collier Blvd to one median past Wilson Blvd. this segment includes all
medians and side ROW trees. The side ROW trees are located on both the south and north side
of the road from Collier Blvd to 29th St SW. There is a side street 13th St SW that has small
medians on both the west and east side of the road from Golden Gate Blvd to 16th Ave SW.
Award Criteria
ITB award criteria is as follows:
• All questions on the Bid document shall be answered as to price(s), time requirements, and
required document submissions.
• Award shall be based upon the responses to all questions on the Bid Response Page(s).
• Further consideration may include but not be limited to, references, completeness of bid
response and past performances on other County bids/projects.
• Prices will be read in public exactly as input on the electronic bid response form or written on
the manually submitted Bid Response Page(s) at the time of the bid opening; however, should
an error in calculations occur whenever unit pricing and price extensions are requested, the
unit price shall prevail. Mathematical miscalculations may be corrected by the County to
reflect the proper response.
• The County's Purchasing Department reserves the right to clarify a 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) in
accordance with the following methodology:
Award will be made to lowest, responsive bidder on line 5 of the Bid Schedule.
• Collier County reserves the right to select one, or more than one contractor, however, it is the
intent to select identify single awardee.
• The County reserves the right to issue a formal contract or standard County Purchase
Order for the award of this solicitation.
Term of Contract
The contract term, if an award(s) is/are made is intended to be for one (1) year with three (3) one
year renewal options.
Prices shall remain firm for the initial term of this contract. Requests for consideration of a price
adjustment must be made on the contract anniversary date, in writing, to the Procurement
Director. Price adjustments are dependent upon the consumer price index (CPI) over the past
twelve (12) months, budget availability and program manager approval.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
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Projected Timetable
Event Date
Issue Solicitation Notice May 19, 2015
Last Date for Receipt of Written Questions June 8, 2015 @ 3:00PM
Addendum Issued Resulting from Written Questions June 12, 2015
Solicitation Deadline Date and Time June 19, 2015 @ 3:00PM
Anticipated Board of County Commissioner's Contract Approval Date July 2015
Vendor Required Documents
• Attachment 2: Vendor's Check List
• Attachment 3: Vendor Bid Response Form
• Attachment 4: Local Vendor Preference
• Attachment 5: Immigration Law Affidavit
• Attachment 6: Vendor Substitute W-9
• Attachment 7: Insurance and Bonding Requirement
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Exhibit II: General Bid Instructions
1. Purpose/Objective
As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier
County Board of County Commissioners Purchasing Department (hereinafter, the County) has
issued this Invitation to Bid (hereinafter, the "ITB", or"Bid") with the sole purpose and intent of
obtaining bid responses from interested and qualified firms in accordance with the terms,
conditions, and specifications stated and/or attached herein/hereto. The successful vendor will
hereinafter be referred to as the "Vendor"
All bids must be submitted on the Bid form furnished by the County noted in Attachments
2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly
signed. Vendor is responsible to read and follow the instructions very carefully, as any
misinterpretation or failure to comply with these instructions could lead to the bid submitted as
being rejected as non-responsive.
2. Pricing
Vendors must provide unit prices using the unit of measured specified by the County. All prices
will remain firm for a period of one hundred and eighty (180) calendar days from date of bid
opening. After award by the Board of County Commissioners, prices may only be adjusted as
outlined in Exhibit I: Term of Contract.
3. Alternate Bid Pricing
In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide
pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted
price will be the basis for the rejection of the submitted bid response. All bids responses received
without pricing for all alternates as listed will be considered technically non-responsive and will not
be considered for award.
4. Equal Product
Manufacturer's name, brand name and/or model number are used in these specifications for the
purpose of establishing minimum requirements of level of quality, standards of performance and/or
design required, and is in no way intended to prohibit the bidding of other manufacturer's items of
equal or similar material. An equal or similar product may be bid, provided that the product is
found to be equal or similar in quality, standard of performance, design, etc. to the item specified.
Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of
factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid
as equal or similar.
Equal product samples, if required for evaluation, and at no cost to the County, must be submitted
with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless
samples are delivered to specified address by bid due date. The County shall be sole judge of
equality or similarity, and its decision shall be final in the best interest.
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5. Discounts
Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be
considered in the award of tie bids. In no instance should payment terms less than fifteen (15)
calendar days be offered.
6. Exceptions
Vendors taking exception to any part or section of these specifications shall indicate such
exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to
indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully
comply with the specifications as written. The County, at its sole discretion, shall determine if the
exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for
rejection of bid proposal.
7. Addenda
The County reserves the right to formally amend and/or clarify the requirements of the bid
specifications where it deems necessary. Any such addendum/clarification shall be in writing and
shall be distributed electronically to all parties who received the original bid specifications prior to
the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through
a notice of addendum or questions and answers to all vendors registered under the applicable
commodity code(s) at the time when the original ITB was released, as well as those vendors who
downloaded the ITB document. Additionally, all addendums are posted on the Collier County
Purchasing Department Online Bidding System website: www.collierdov.net/bid. Before submitting
a bid response, please make sure that you have read all, understood clearly and complied
completely with any changes stated in the addenda as failure to do so may result in the rejection
of your submittal.
8. Bid Submission
All electronic bids shall be submitted online via the Collier County Purchasing Department Online
Bidding System: www.colliergov.net/bid.
All paper bids shall be submitted to the County Procurement Director, Collier County Government,
Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, by the date and time as stated
in the Legal Notice. The County assumes no responsibility for bid responses received after the
due date and time, or at any office or location other than that specified herein, whether due to mail
delays, courier mistakes, mishandling, inclement weather or any other reason. Late bid responses
shall be returned unopened, and shall not be considered for award.
Vendors must submit one (1) paper copy clearly labeled "Master," and one (1) compact disks
(CD's)with one copy of the proposal on each CD in Word, Excel or PDF. List the Solicitation
Number and Title on the outside of the box or envelope. All bids sent by courier service must
have the bid number and title on the outside of the courier packet.
Vendors who wish to receive copies of bids after the bid opening may view and download same
from the Collier County Purchasing Department Internet bid site.
9. Questions
If the vendor should be of the opinion that the meaning of any part of the Bid Document is
doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement
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Strategist before the bid opening date. Direct questions related to this ITB only to the Collier
County Purchasing Department Internet website: www.collierclov.net/bid. Questions will not be
answered after the date noted on the ITB.
Vendors must clearly understand that the only official answer or position of the County will be the
one stated on the Collier County Purchasing Department Online Bidding System website. For
general questions, please call the referenced Procurement Strategist identified in the Public
Notice.
10. Protests
Any prospective vendor/ proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest
with the Procurement Director prior to the time of the bid opening strictly in accordance with the
County's then current purchasing ordinance and policies.
11. Rejection and Waiver
The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to
select the bid that best meets the requirements of the County.
Vendors whose bids, past performance or current status do not reflect the capability, integrity or
reliability to fully and in good faith perform the requirements denoted may be rejected as non-
responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide
all required information, documents or materials may be rejected as non-responsive.
12. Local Vendor Preference (LVP)
The County is using the Competitive Sealed Quotation methodology of source selection for this
procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier
County Purchasing Ordinance.
Local business means the vendor has a current Business Tax Receipt issued by the Collier
County Tax Collector for at least one year prior to bid or proposal submission to do business
within Collier County, and that identifies the business with a permanent physical business address
located within the limits of Collier County from which the vendor's staff operates and performs
business in an area zoned for the conduct of such business. A Post Office Box or a facility that
receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other
non-permanent structure shall not be used for the purpose of establishing said physical address.
In addition to the foregoing, a vendor shall not be considered a "local business" unless it
contributes to the economic development and well-being of Collier County in a verifiable and
measurable way. This may include, but not be limited to, the retention and expansion of
employment opportunities, support and increase to the County's tax base, and residency of
employees and principals of the business within Collier County. Vendors shall affirm in writing their
compliance with the foregoing at the time of submitting their bid or proposal to be eligible for
consideration as a "local business" under this section. A vendor who misrepresents the Local
Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to
claim Local Preference status for a period of up to one year.
Under this solicitation, bidders desiring to receive local preference will be invited and required to
affirmatively state and provide documentation as set forth in the solicitation in support of their
status as a local business. Any bidder who fails to submit sufficient documentation with their bid
offer shall not be granted local preference consideration for the purposes of that specific
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contract award. Except where federal or state law, or any other funding source, mandates to the
contrary, Collier County and its agencies and instrumentalities, will give preference to local
businesses in the following manner.
Competitive bid (local price match option). Each formal competitive bid solicitation shall
clearly identify how the price order of the bids received will be evaluated and determined.
When a qualified and responsive, non-local business submits the lowest price bid, and the bid
submitted by one or more qualified and responsive local businesses is within ten percent of the
price submitted by the non-local business, then the local business with the apparent lowest bid
offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the
price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In
such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder
are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if
the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to
businesses with drug-free workplace programs). If the lowest local bidder meets the
requirements of Fla. Stat. Sec. 287.087, the Purchasing Department shall invite the lowest
local bidder to submit a matching offer, less one (1) dollar, within five (5) business days
thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less
one (1) dollar, from the lowest non-local bidder tendered previously, then award shall be made
to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local
bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the
lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087, and the lowest
non-local bidder does, award will be made to the bidder that meets the requirements of the
reference state law.
Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a
Local Business which is included as part of this solicitation.
Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude
said Bidder from being considered for local preference on this solicitation.
A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the
County will lose the privilege to claim Local Preference status for a period of up to one (1) year.
The County may, as it deems necessary, conduct discussions with responsible bidders
determined to be in contention for being selected for award for the purpose of clarification to
assure full understanding of, and responsiveness to solicitation requirements.
13. Immigration Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides
an Internet-based means of verifying employment eligibility of workers in the United States; it is
not a substitute for any other employment eligibility verification requirements. The program will be
used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including
professional services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
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• Where the requirement for the affidavit is waived by the Board of County
Commissioners
Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence
of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of
the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also
required to provide the Collier County Purchasing Department an executed affidavit certifying they
shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If
the BidderNendor does not comply with providing both the acceptable E-Verify evidence
and the executed affidavit the bidder's /vendor's proposal may be deemed non-responsive.
Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all
purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E-Verify)
program visit the following website: http://www.dhs.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 Purchasing Department.
15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute
607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
shall be identified. Firms who do not provide the certificate of authority at the time of response
shall be required to provide same within five (5) days upon notification of selection for award. If the
firm cannot provide the document within the referenced timeframe, the County reserves the right
to award to another firm.
16. General Information
When it is deemed by the County that a bid cannot be awarded as originally intended, the County
reserves the right to award this bid through an approach which is the best interest of the County.
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Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying
as low bid, the County shall ask vendors to submit certification that they have a drug-free
workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said
certification; the County will give local vendor preference.
17. Bid Award Process
Award of contract will be made by the Board of County Commissioners in public session.
Award shall be made in a manner consistent with the County's Purchasing Policy. Award
recommendations will be posted outside the offices of the Purchasing Department as well as on
the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the
County Commission meetings.
Any actual or prospective respondent who desires to formally protest the recommended contract
award must file a notice of intent to protest with the Procurement Director within two (2) calendar
days (excluding weekends and County holidays) of the date that the recommended award is
posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal
protest and will be given instructions as to the form and content requirements of the formal protest.
A copy of the "Protest Policy" is available at the office of the Procurement Director.
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Exhibit III: Standard Purchase Order Terms and Conditions
1. Offer delivery; provided that risk of loss prior to
This offer is subject to cancellation by the actual receipt of the goods by the COUNTY
COUNTY without notice if not accepted by nonetheless remain with VENDOR.
VENDOR within fourteen (14) days of issuance. b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
2. Acceptance and Confirmation specifically stated in this Purchase Order.
This Purchase Order (including all documents Unless otherwise provided in Purchase
attached to or referenced therein) constitutes Order, no invoices shall be issued nor
the entire agreement between the parties, unless payments made prior to delivery. Unless
otherwise specifically noted by the COUNTY on freight and other charges are itemized, any
the face of this Purchase Order. Each delivery of discount will be taken on the full amount of
goods and/or services received by the COUNTY invoice.
from VENDOR shall be deemed to be upon the c) All shipments of goods scheduled on the
terms and conditions contained in this Purchase same day via the same route must be
Order. consolidated. Each shipping container must
be consecutively numbered and marked to
No additional terms may be added and Purchase show this Purchase Order number. The
Order may not be changed except by written container and Purchase Order numbers must
instrument executed by the COUNTY. VENDOR be indicated on bill of lading. Packing slips
is deemed to be on notice that the COUNTY must show Purchase Order number and
objects to any additional or different terms and must be included on each package of less
conditions contained in any acknowledgment, than container load (LCL) shipments and/or
invoice or other communication from VENDOR, with each car load of equipment. The
notwithstanding the COUNTY'S acceptance or COUNTY reserves the right to refuse or
payment for any delivery of goods and/or return any shipment or equipment at
services, or any similar act by VENDOR. VENDOR'S expense that is not marked with
Purchase Order numbers. VENDOR agrees
3. Inspection to declare to the carrier the value of any
All goods and/or services delivered hereunder shipment made under this Purchase Order
shall be received subject to the COUNTY'S and the full invoice value of such shipment.
inspection and approval and payment therefore d) All invoices must contain the Purchase Order
shall not constitute acceptance. All payments are number and any other specific information as
subject to adjustment for shortage or rejection. identified on the Purchase Order. Discounts
All defective or nonconforming goods will be of prompt payment will be computed from the
returned pursuant to VENDOR'S instruction at date of receipt of goods or from date of
VENDOR'S expense. receipt of invoices, whichever is later.
Payment will be made upon receipt of a
To the extent that a purchase order requires a proper invoice and in compliance with
series of performances by VENDOR, the Chapter 218, Fla. Stats., otherwise known as
COUNTY prospectively reserves the right to the "Local Government Prompt Payment
cancel the entire remainder of the Purchase Act," and, pursuant to the Board of County
Order if goods and/or services provided early in Commissioners Purchasing Policy.
the term of the Purchase Order are
non-conforming or otherwise rejected by the 5. Time Is Of the Essence
COUNTY. Time for delivery of goods or performance of
services under this Purchase Order is of the
4. Shipping and Invoices essence. Failure of VENDOR to meet delivery
a) All goods are FOB destination and must be schedules or deliver within a reasonable time, as
suitably packed and prepared to secure the interpreted by the COUNTY in its sole judgment,
lowest transportation rates and to comply shall entitle the COUNTY to seek all remedies
with all carrier regulations. Risk of loss of available to it at law or in equity. VENDOR
any goods sold hereunder shall transfer to agrees to reimburse the COUNTY for any
the COUNTY at the time and place of expenses incurred in enforcing its rights.
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VENDOR further agrees that undiscovered VENDOR shall indemnify and hold harmless the
delivery of nonconforming goods and/or services COUNTY from any and all claims, including
is not a waiver of the COUNTY'S right to insist claims of negligence, costs and expenses,
upon further compliance with all specifications. including but not limited to attorneys' fees, arising
from, caused by or related to the injury or death
6. Changes of any person (including but not limited to
The COUNTY may at any time and by written employees and agents of VENDOR in the
notice make changes to drawings and performance of their duties or otherwise), or
specifications, shipping instructions, quantities damage to property (including property of the
and delivery schedules within the general scope COUNTY or other persons), which arise out of or
of this Purchase Order. Should any such change are incident to the goods and/or services to be
increase or decrease the cost of, or the time provided hereunder.
required for performance of the Purchase Order,
an equitable adjustment in the price and/or 11. Warranty of Non-Infringement
delivery schedule will be negotiated by the VENDOR represents and warrants that all goods
COUNTY and VENDOR. Notwithstanding the sold or services performed under this Purchase
foregoing, VENDOR has an affirmative obligation Order are: a) in compliance with applicable laws;
to give notice if the changes will decrease costs. b) do not infringe any patent, trademark,
Any claims for adjustment by VENDOR must be copyright or trade secret; and c) do not constitute
made within thirty (30) days from the date the unfair competition.
change is ordered or within such additional
period of time as may be agreed upon by the VENDOR shall indemnify and hold harmless the
parties. COUNTY from and against any and all claims,
including claims of negligence, costs and
7. Warranties expense, including but not limited to attorneys'
VENDOR expressly warrants that the goods fees, which arise from any claim, suit or
and/or services covered by this Purchase Order proceeding alleging that the COUNTY'S use of
will conform to the specifications, drawings, the goods and/or services provided under this
samples or other descriptions furnished or Purchase Order are inconsistent with VENDOR'S
specified by the COUNTY, and will be of representations and warranties in section 11 (a).
satisfactory material and quality production, free
from defects and sufficient for the purpose If any claim which arises from VENDOR'S breach
intended. Goods shall be delivered free from any of section 11 (a) has occurred, or is likely to
security interest or other lien, encumbrance or occur, VENDOR may, at the COUNTY'S option,
claim of any third party. These warranties shall procure for the COUNTY the right to continue
survive inspection, acceptance, passage of title using the goods or services, or replace or modify
and payment by the COUNTY. the goods or services so that they become
non-infringing, (without any material degradation
8. Statutory Conformity in performance, quality, functionality or additional
Goods and services provided pursuant to this cost to the COUNTY).
Purchase Order, and their production and
transportation shall conform to all applicable 12. Insurance Requirements
laws, including but not limited to the Occupational The VENDOR, at its sole expense, shall provide
Health and Safety Act, the Federal commercial insurance of such type and with such
Transportation Act and the Fair Labor Standards terms and limits as may be reasonably
Act, as well as any law or regulation noted on the associated with the Purchase Order. Providing
face of the Purchase Order. and maintaining adequate insurance coverage is
a material obligation of the VENDOR. All
9. Advertising insurance policies shall be executed through
No VENDOR providing goods and services to the insurers authorized or eligible to write policies in
COUNTY shall advertise the fact that it has the State of Florida.
contracted with the COUNTY for goods and/or
services, or appropriate or make use of the 13. Compliance with Laws
COUNTY'S name or other identifying marks or In fulfilling the terms of this Purchase Order,
property without the prior written consent of the VENDOR agrees that it will comply with all
COUNTY'S Purchasing Department. federal, state, and local laws, rules, codes, and
ordinances that are applicable to the conduct of
its business. By way of non-exhaustive example,
10. Indemnification this shall include the American with Disabilities
Act and all prohibitions against discrimination on
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the basis of race, religion, sex creed, national conditions of this Purchase Order, provided that
origin, handicap, marital status, or veterans' COUNTY has provided VENDOR with notice of
status. Further, VENDOR acknowledges and such breach and VENDOR has failed to cure
without exception or stipulation shall be fully within 10 days of receipt of such notice.
responsible for complying with the provisions of
the Immigration Reform and Control Act of 1986 19. General
as located at 8 U.S.C. 1324, et seq. and a) This Purchase Order shall be governed by
regulations relating thereto, as either may be the laws of the State of Florida. The venue
amended. Failure by the awarded firm(s) to for any action brought to specifically enforce
comply with the laws referenced herein shall any of the terms and conditions of this
constitute a breach of the award agreement and Purchase Order shall be the Twentieth
the County shall have the discretion to Judicial Circuit in and for Collier County,
unilaterally terminate said agreement Florida
immediately. Any breach of this provision may b) Failure of the COUNTY to act immediately in
be regarded by the COUNTY as a material and response to a breach of this Purchase Order
substantial breach of the contract arising from by VENDOR shall not constitute a waiver of
this Purchase Order. breach. Waiver of the COUNTY by any
default by VENDOR hereunder shall not be
14. Force Majeure deemed a waiver of any subsequent default
Neither the COUNTY nor VENDOR shall be by VENDOR.
responsible for any delay or failure in c) All notices under this Purchase Order shall
performance resulting from any cause beyond be sent to the respective addresses on the
their control, including, but without limitation to face page by certified mail, return receipt
war, strikes, civil disturbances and acts of nature. requested, by overnight courier service, or by
When VENDOR has knowledge of any actual or personal delivery and will be deemed
potential force majeure or other conditions which effective upon receipt. Postage, delivery and
will delay or threatens to delay timely other charges shall be paid by the sender. A
performance of this Purchase Order, VENDOR party may change its address for notice by
shall immediately give notice thereof, including all written notice complying with the
relevant information with respects to what steps requirements of this section.
VENDOR is taking to complete delivery of the d) The Vendor agrees to reimbursement of any
goods and/or services to the COUNTY. travel expenses that may be associated with
this Purchase Order in accordance with
15. Assignment Florida Statute Chapter 112.061, Per Diem
VENDOR may not assign this Purchase Order, and Travel Expenses for Public Officers,
nor any money due or to become due without the employees and authorized persons.
prior written consent of the COUNTY. Any e) In the event of any conflict between or
assignment made without such consent shall be among the terms of any Contract Documents
deemed void. related to this Purchase Order, the terms of
the Contract Documents shall take
16. Taxes precedence over the terms of the Purchase
Goods and services procured subject to this Order. To the extent any terms and /or
Purchase Order are exempt from Florida sales conditions of this Purchase Order duplicate
and use tax on real property, transient rental or overlap the Terms and Conditions of the
property rented, tangible personal purchased or Contract Documents, the provisions of the
rented, or services purchased (Florida Statutes, Terms and/or Conditions that are most
Chapter 212), and from federal excise tax. favorable to the County and/or provide the
greatest protection to the County shall
17. Annual Appropriations govern.
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
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Exhibit IV: Additional ITB Terms and Conditions
1. Additional Items and/or Services
During the contract term, Collier County reserves the right to add related items and/or services
upon negotiation of a satisfactory price by the Project Manager and Vendor.
2. Conflict of Interest
Vendor shall provide a list of any businesses and/or organizations to which the firm has any
affiliation or obligations within the past five (5) years; whether paid or donated, which could be
construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of
interest is subject to County staff review and does not in and of itself disqualify a firm from
consideration. These disclosures are intended to identify and or preclude conflict of interest
situations during contract selection and execution.
3. Vendor Performance Evaluation
Collier County has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of$25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of agreement.
5. Use of Subcontractors
Bidders on any service related project, must be qualified and directly responsible for 100% or
more of the solicitation amount for said work or as otherwise approved by the County's project
manager prior to the execution of the work.
6. 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.
7. 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.
8. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub
vendors shall be responsible for the safety of their employees and any unsafe acts or conditions
that may cause injury or damage to any persons or property within and around the work site. All
firewall penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County
facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations.
This provision is non-negotiable by any department and/or Vendor.
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All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and
PPE Protective labels.
9. 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.
10. Public Records Compliance
The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119
(including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)),
ordinances, codes, rules, regulations and requirements of any governmental agencies.
11. 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.
12. 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.
13. 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
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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.
10. 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.
11. Invoice and Payments
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk(c�collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and/or
services as part of this agreement.
Payment methods include:
• Traditional — payment by check, wire transfer or other cash equivalent.
• Standard — payment by purchasing card. Collier County's Purchasing Card Program is
supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant
of the Rules for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of
using the County's credit card for transactions relating to this solicitation. The County will
entertain bids clearly stating pricing for standard payment methods. An additional separate
discounted price for traditional payments may be provided at the initial bid submittal if it is clearly
marked as an "Additional Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for
that prior month. Services beyond sixty (60) days from current monthly invoice will not be
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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 I'llQIiQy GI.
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"Iaches" as untimely submitted. Time shall be
deemed of the essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or
other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy
these debts, the County reserves the right to off-set the amount owed to the County by applying
the amount owed to the vendor or contractor for services performed of for materials delivered in
association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in
compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount
of any payment for work not performed or for unsatisfactory performance of Contractual
requirements.
12. Survivability
Purchase Orders: The Consultant/Contractor/Vendor agrees that any Purchase Order that
extends beyond the expiration date of the original Solicitation # 15-6467, Purchase and
Installation of Mulch will survive and remain subject to the terms and conditions of that Agreement
until the completion or termination of this Purchase Order.
13. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in Insurance and
Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain
property insurance upon the entire project, if required, to the full insurable value of the scope of
work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to
the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Vendors, Design Consultants and
Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests provisions.
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Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows:
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set
forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services
Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured
retentions or deductibles under any of the below listed minimum required coverage, Vendor must
identify on the Certificate of Insurance the nature and amount of such self- insured retentions or
deductibles and provide satisfactory evidence of financial responsibility for such obligations. All
self-insured retentions or deductibles will be Vendor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in
this solicitation, whichever is longer.
The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall
also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices
of expiration, cancellation, non-renewal or material change in coverage or limits received by
Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to
provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by
Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to
the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the
County may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to
reimburse the County for such costs within thirty (30) days after demand, the County has the right
to offset these costs from any amount due Vendor under this Agreement or any other agreement
between the County and Vendor. The County shall be under no obligation to purchase such
insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or
companies used. The decision of the County to purchase such insurance coverage(s) shall in no
way be construed to be a waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of
the scope of work, the Vendor shah 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
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required to be filled out and submitted with your bid response. This document can be found on the
Collier County Purchasing Department website: www.collierclov.net/purchasinq. On the left hand
side of the menu, click on CC Technical Requirements. If this document is not submitted with your
bid response, your bid response may be deemed non-responsive.
16. Security and Background Checks
If required, Vendor/ Contractor/ Proposer shall be responsible for the costs of providing
background checks by the Collier County Facilities Management Department, and drug testing for
all employees that shall provide services to the County under this Agreement. This may include,
but not be limited to, checking federal, state and local law enforcement records, including a state
and FBI fingerprint check, credit reports, education, residence and employment verifications and
other related records. Contractor shall be required to maintain records on each employee and
make them available to the County for at least four (4) years.
17. Maintenance of Traffic Policy
For all projects that are conducted within a Collier County Right-of-Way, the Vendor shall provide
and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform
Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the
Florida Department of Transportation's Design Standards (DS) on state roadways. These projects
shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein
by reference. Copies are available through the Risk Management and/or Purchasing Departments
and are available on-line at colliergov.net/purchasing.
The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT
Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar
with their requirements. Strict adherence to the requirements of the Maintenance of Traffic
("MOT") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
18. Debris
Vendor shall be responsible for the removal and disposal of all debris from the site and the
cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable
materials resulting from their work and as work progresses; or upon the request of the County's
representative, shall remove and dispose such debris and materials from the property. The
Vendor shall leave all affected areas as they were prior to beginning work.
19. Direct Material Purchase
The County reserves the right to require Vendor to assign some or all of its agreements with
material suppliers directly to the County. Any such goods and/or materials purchased by the
County pursuant to such an assignment of a material supply agreement shall be referred to as
"County Furnished Materials" and the responsibilities of both the County and the Vendor relating
to said materials shall be governed by the terms and conditions of this solicitation.
Additionally, the County at its sole option may choose to purchase some or all of the goods and/or
materials from other suppliers. In either instance the County may require the following information
from the Vendor:
• Required quantities of material.
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• Specifications relating to goods and/or materials required for job including brand and/or model
number or type if applicable
• Pricing and availability of goods and/or materials provided under Vendor's agreements with
material suppliers
20. Grant Compliance
The purchase of any goods and/or services that are funded through Federal Grant Appropriations,
the State of Florida, or any other public or private foundations shall be subject to the compliance
and reporting requirements of the granting agency.
21. Equipment
Vendor shall have available and in good working condition, the necessary equipment to perform
the required service. If required, the Vendor shall supply a list of equipment and an hourly rate for
each. Hourly rates will commence once equipment arrives at the service site.
In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is
needed, the Project Manager must be notified in advance for approval. The reimbursement of
additional equipment expense shall be at cost and will commence once equipment arrives at the
service site. The County reserves the right to request and obtain documentation of the Vendor's
cost, and to withhold payments until documentation is provided.
The scope of these specifications is to ensure the delivery of a complete unit ready for operation.
Omission of any essential detail from these specifications does not relieve the Vendor from
furnishing a complete unit.
All equipment must be new and of current manufacture in production at the time of ITB opening,
and carry standard warranties. At the time of delivery, at least two (2) 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.
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Cc er County
Administrative Services Department
Procurement Services Division
Attachment 1: Vendor Submittal -Vendor's Non-Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear,
concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective
Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate
the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to
the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department,
3327 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s):
Solicitation: # 15-6467, Purchase and Installation of Mulch
❑ 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.
n Incorrect address used. Please correct mailing address:
�I Other reason(s):
Firm's Complete Legal Name
Address
City, State, Zip
Telephone Number
FAX Number
Signature /Title
Type Name of Signature Date:
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Colter County
Administrative Services Department
Procurement Services Division
Attachment 2: Vendor's Check List
IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the
spaces indicated and return with bid.
Vendor should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has
been included.
8. Addendum have been signed and included, if applicable.
9. Affidavit for Claiming Status as a Local Business, if applicable.
10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding.
11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this
ITB.
12. The mailing envelope must be addressed to:
Procurement Director
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
The mailing envelope must be sealed and marked with:
• Solicitation: # 15-6467, Purchase and Installation of Mulch
• Opening Date: June 19, 2015 @ 3:00PM
13. The bid will be mailed or delivered in time to be received no later than the specified opening date
and time. (Otherwise bid cannot be considered.)
14. If submitting a manual bid, include any addenda (initialed and dated noting understanding and
receipt). If submitting bid electronically, bidder will need to download all related documents on
www.colliergov.net/bid. The system will date and time stamp when the addendum files were
downloaded
ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE
OF THE COURIER PACKET.
Company Name
Signature & Title
Date
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Coer Cot..nty
Administrative Services Department
Procurement Sery ces Di.'ision
Attachment 3: Vendor Submittal - Bid Response Form
FROM:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: # 15-6467, Purchase and Installation of Mulch
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: Bid Total (Line 5 of the Bid Schedule) $
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.
15-6467.Purchase and Installation of Mulch 27
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IN WITNESS WHEREOF, WE have hereunto subscribed our names on this_ day of
, 20 in the County of , in the State of
Firm's S omimplete Legal Nail
Address
City, State, Zip
Florida Certificate of Authority
Document Number
Federal Tax Identification
Number
CCR#or CAGE Code
Telephone Number
FAX Number
Signature /Title
Type Name of Signature
Date
Additional Contact Information
Send Payments To: (REQUIRED ONLY if different from above)
Firm's Complete Legal Name
Address
City, State, Zip
Contact Name
Telephone Number
FAX Number
Email Address
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�rr
C.ot(er County
Administrative Services Department
Procurement Services Division
Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit
Solicitation: # 15-6467, Purchase and Installation of Mulch (Check Appropriate Boxes Below)
State of Florida (Select County if Vendor is described as a Local Business
❑ Collier County
❑ Lee County
Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of
County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing
Policy:
Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax
Collector for at least one year prior to bid or proposal submission to do business within Collier County, and
that identifies the business with a permanent physical business address located within the limits of Collier
County from which the vendor's staff operates and performs business in an area zoned for the conduct of
such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a
construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of
establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well-being of Collier County in a verifiable
and measurable way. This may include, but not be limited to, the retention and expansion of employment
opportunities, support and increase to the County's tax base, and residency of employees and principals of
the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the
time of submitting their bid or proposal to be eligible for consideration as a "local business" under this
section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to one year under this
section.
Vendor must complete the following information:
Year Business Established in ❑Collier County or ❑ Lee County:
Number of Employees (Including Owner(s) or Corporate Officers):
Number of Employees Living in ❑ Collier County or❑ Lee (Including Owner(s)or Corporate Officers):
If requested by the County, vendor will be required to provide documentation substantiating the information
given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable.
Vendor Name: Date:
Address in Collier or Lee County:
Signature: Title:
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day
of , 20
Notary Public
My Commission Expires:
(AFFIX OFFICIAL SEAL)
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Corer County
Administrative Services Department
Procurement Services Division
Attachment 5: Vendor Submittal—Immigration Affidavit
Solicitation: # 15-6467, Purchase and Installation of Mulch
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal
Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors/ Bidders are required to enroll
in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the
vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company
Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to
include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/
Bidder's proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)of
the Immigration and Nationality Act("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the
INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e) of the INA shall be
grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act
and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-
Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the
Vendor's/ Bidder's proposal.
Company Name
Print Name Title
Signature Date
State of
County of
The foregoing instrument was signed and acknowledged before me this day of , 20 , by
who has produced as identification.
(Print or Type Name) (Type of Identification and Number)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
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co ier county
9/22/2015 16.A.15.
t
Administrative Services Department
Procurement Services Division
Attachment 6: Vendor Substitute W—9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address City
State Zip
Telephone FAX Email
Order Information Remit/Payment Information
Address Address
City State Zip City State Zip
FAX FAX
Email Email
2. Company Status (check only one)
Individual/Sole Proprietor Corporation _Partnership
Tax Exempt(Federal income tax-exempt entity _Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c)3) Enter the tax classification
(D =Disregarded Entity, C=Corporation, P=Partnership)
3. Taxpayer Identification Number(for tax reporting purposes only)
Federal Tax Identification Number(TIN)
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification: Under penalties of perjury. I certify that the information shown on this form is correct to my knowledge.
I Signature Date
Title Phone Number
i i I
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Co.l?er C.?ou1cry
Administrative Services Department
Procurement Services Division
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements
Insurance/Bond Type Required Limits
1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. ® Employer's Liability $500,000 single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability(Occurrence Form)
patterned after the current $1.000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
4. ® Indemnification To the maximum extent permitted by Florida law, the
Contractor/Vendor/Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys'fees and
paralegals'fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the 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 ❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000.000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $ per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
❑ Valuable Papers Insurance $ Per Occurrence
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6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A-" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Vendor shall provide County with certificates of insurance meeting the
required insurance provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board
of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The
Certificates of Insurance must state the Contract Number, or Project Number, or specific Project
description, or must read: For any and all work performed on behalf of Collier County.
11. ❑ Thirty (30) Days Cancellation Notice required.
Ljb 5/14/2015
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may
be required within five (5) days of the award of this solicitation.
Name of Firm Date
Vendor Signature
Print Name
Insurance Agency
Agent Name Telephone Number
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