Agenda 06/10/2014 Item #16C2 6/10/2014 16.C.2.
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EXECUTIVE SUMMARY
Recommendation to award Bid#13-6131, "Artificial Reef Program," to McCulley Marine.Services
Inc., to provide all necessary services and equipment to deploy clean suitable construction and
demolition reef material and prefabricated reef modules into permitted artificial reef sites up to 35
miles offshore in conjunction with the award of the Promotional Private Fund Grant Agreement;
approve an agreement with Florida Power and Light Company to accept clean reef material at the
Collier County Landfill; and, terminate the existing Contract#06-3932, "Artificial Reef Recycling
Construction and Demolition Waste."
OBJECTIVE: Provide a socio-economic benefit to Collier County by constructing artificial reefs in
conjunction with satisfying the BP Gulf Tourism and Seafood Promotional Fund(Grant).
CONSIDERATIONS: The Collier County Solid and Hazardous Waste Management Department
(SHWMD) is committed to implementing the Integrated Solid Waste Management Strategy(ISWMS),
which provides for environmentally sound and cost effective solid and hazardous waste services to
residents, businesses, and visitors. The Board of County Commissioners (Board) adopted the ISWMS in
2006, identifying strategies within the broader contours of recycling, diversion, optimization of existing
assets, and obtaining additional facilities. The artificial reef program is consistent with these principles.
By maximizing diversion of suitable construction and demolition waste materials from disposal in the
landfill, and reusing the suitable materials for construction of artificial reefs, Collier County will greatly
enhance its waste reduction program, while preserving the Collier County Landfill airspace, and
providing a socio-economic benefit to local coastal communities.
At its September 11,2012,meeting the Board approved the submittal of a private grant application to the
BP Gulf Tourism and Seafood Promotional Fund to expand and improve Collier County's artificial reef
program. The Economic Recovery Task Force(ERTF)provided a business plan in support of the private
grant application to expand and stabilize tourism in Naples and Collier County by expanding the number
of artificial reefs in the Gulf of Mexico along the Collier County coastline. The Board accepted the BP
private grant funds on April 9, 2013. Both the City of Naples and the City of Marco Island councils
unanimously accepted the BP private grant funds on December 19, 2012, and March 4, 2013,
respectively,with the intention that all three municipalities will procure the fabrication and deployment of
the reef materials from this solicitation's resulting contract.
Municipality BP Gulf Tourism &Seafood
Promotional Fund Grant
Collier County $500,000
City of Naples $313,650
City of Marco Island $500,000
Total BP Grant Amount $1,313,650
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6/10/2014 16.C.2.
On May 28, 2013, under agenda item 16A6, the Board approved acceptance of private funds from the /'1
Community Foundation of Collier County for construction of artificial reefs.
The existing Contract#06-3932, "Artificial Reef Recycling Construction and Demolition Waste," was
solicited and awarded in 2006. The contract is for reef deployment up to 12 miles offshore, and does not
allow the contractor to collect artificial reef material outside the Collier County Landfill. The BP Gulf
Tourism and Seafood Promotional Fund reefs range from approximately 13 to 35 miles offshore,
exceeding the current contract's limitations. The scope of Bid #13-6131, "Artificial Reef Program,"
includes, but is not limited to, reef deployment up to 35 miles offshore, adherence to all permit
requirements regarding construction of artificial reefs, organizing the stockpile of reef material storage at
the Collier County Landfill, collection of suitable reef material from areas outside of the Collier County
Landfill,material transport from the landfill to the deployment area near the Jolly Bridge, and deployment
of artificial reef materials to the respective artificial reef sites.
This recommended contract award allows for deployment of reef materials on an "as needed" basis,
dependent upon funding.
Invitation to Bid #13-6131 was advertised on November 26, 2013. A total of 59 firms picked up the
solicitation package. Two responsive bids were received by the bid opening date of December 20, 2013.
Staff recommends awarding the contract to the lowest responsive and qualified bidder, McCulley Marine
Services,Inc.The bid totals are summarized below. For full bid tabulation,see attachment C.
McCulley
Artificial Reef Program#13-6131 Marine Kelly
*Unit price provided below,for the full bid tabulation,see Attachment C Brothers
Services
Description Qty Unit Unit Price Unit Price /"•
Phase One-Artificial Reef Material Deployment(1)
Artificial Reef Material Deployed
1 between 0 to 14 Miles 1 Ton $64.75 $73.00
Artificial Reef Material Deployed
2 between 14 to 35 Miles 1 Ton $74.75 $93.00
Phase Two-Artificial Reef Fabricated Structures(2)
3 8ft Modules ( 1 to 75 modules) 1 Ea. $2.630 $3,150
4 12ft Modules (1 to 75 modules) 1 Ea. $5,030 $5,550
*As the amount of modules increase,the unit pricing for the modules decrease(see attachment C).
Florida Power and Light (FPL) is donating approximately 3,000 tons of clean concrete material for the
artificial reef program to the Collier County Landfill. There is no charge to FPL for delivery of the reef
material, and no cost to the county to accept the material. FPL requested an agreement be signed by both
parties.
FISCAL IMPACT: Funding to support the Artificial Reef Program includes a $500,000 Gulf Seafood
and Tourism Promotional grant award, of which funds in the amount of$250,000 have been received in
the Growth Management Grant Fund(711), Project 33250. Future funding may be available from county
department budgets, such as the Solid & Hazardous Waste Management Department or the Natural
Resources Department, in an approximate annual amount of $200,000, when funding is available.
Donations from private entities such as the Community Foundation of Collier County will also fund this
program. This contract may be used for both the BP grant and other non-grant activities on a county-wide
basis. Permitting agencies do not require monitoring or maintenance of reefs; however, Coastal Zone
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6/10/2014 16.C.2.
Section staff periodically will monitor the reefs through existing funded positions. Costs for these
activities are part of the Coastal Zone Section's annual budget.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. -ERP
GROWTH MANAGEMENT IMPACT: The activities associated with this program are consistent
with the Growth Management Plan, Conservation and Coastal Management Element, Objective 1.1;
Objective 6.3; and Objective 7.4,Policies 7.4.1 and 7.4.2.
RECOMMENDATION: That the Board of County Commissioners award Bid #13-6131, "Artificial
Reef Program," to McCulley Marine Services, Inc.; approve the attached agreement with Florida Power
and Light Company; terminate the existing Contract #06-3932, "Artificial Reef Recycling Construction
and Demolition Waste;" and authorize the Chairman to execute the attached agreement with McCulley
Marine Services,Inc., after review by the County Attorney's office.
PREPARED BY: Angel Rodriguez, Associate Project Manager, Solid &Hazardous Waste Management
Department
Attachments:
a. Artificial Reef Program ITB
b. Bid Tabulation Sheet
c. McCulley Marine Services,Inc., Agreement
d. BP Gulf Tourism and Seafood Promotional Fund Artificial Reef coordinates(subject to change)
e. Agreement between Collier County and FP&L
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.2.
Item Summary: Recommendation to award Bid No. #13-6131, "Artificial Reef Program,"
to McCulley Marine Services Inc., to provide all necessary services and equipment to deploy
clean suitable construction and demolition reef material and prefabricated reef modules into
permitted Artificial Reef sites up to 35 miles offshore in conjunction with the award of the
Promotional Private Fund Grant Agreement;to approve an agreement with Florida Power and
Light Company to accept clean reef material at the Collier County Landfill; and to terminate the
existing Contract#06-3932, "Artificial Reef Recycling Construction and Demolition Waste."
Meeting Date: 5/27/2014
Prepared By
Name: RodriguezAngel
Title: VALUE MISSING
1/29/2014 11:07:34 AM
Approved By
Name: HapkeMargie
Title: Operations Analyst,Public Utilities
Date: 1/29/2014 11:46:29 AM
Name: JacobsSusan
Title: Operations Analyst,Public Utilities
Date: 1/29/2014 1:18:47 PM
Name: DarcoChristopher
Date: 1/30/2014 8:16:17 AM
Name: WardKelsey
Title: Manager-Procurement, Purchasing&General Services
Date: 2/7/2014 11:51:44 AM
Name: Joseph Bellone
Title:Director-Operations Support,Utilities Finance Operations
Date: 2/10/2014 12:48:36 PM
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6/10/2014 16.C.2.
Name: MarkiewiczJoanne
Title: Manager-Procurement, Purchasing&General Services
Date: 2/12/2014 7:02:53 AM
Name: JohnsonScott
Title: Procurement Specialist,Purchasing&General Services
Date: 2/18/2014 9:57:07 AM
Name: LorenzWilliam
Title: Director-CDES Engineering Services, Comprehensive Planning
Date: 2/20/2014 10:31:13 AM
Name: BrilhartBrenda
Title: Procurement Specialist, Purchasing&General Services
Date: 2/20/2014 2:16:44 PM
Name: Michael Stark
Title: Recycling Coordinator, Solid Waste
Date: 3/4/2014 8:16:06 AM
Name: RodriguezDan
Title: Director- Solid Waste, Solid Waste
Date: 3/7/2014 11:08:17 AM
Name: YilmazGeorge
Title: Administrator-Public Utilities,Public Utilities Division
Date: 3/7/2014 5:22:41 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 3/11/2014 1:43:14 PM
Name: OberrathKaren
Title: Accountant, Senior, Grants Management Office
Date: 4/11/2014 8:06:46 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 4/21/2014 4:42:20 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 4/29/2014 11:30:24 AM
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6/10/2014 16.C.2.
Name: StanleyTherese
Title: Management/Budget Analyst, Senior, Grants Management Office
Date: 5/5/2014 9:07:22 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/14/2014 4:19:55 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 5/18/2014 1:07:57 PM
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6/10/2014 16.C.2.
Coer County
Adrrinistabge Services Division
Purchasing
INVITATION TO BID
Date: November 26, 2013
From: Brenda Brilhart, Procurement Strategist
(239) 252-8446 (Telephone)
(239) 252-6697 (FAX)
brendabrilhart @colliergov.net (Email)
To: Prospective Vendors
Subject: ITB 13-6131 —Artificial Reef Program
As requested by the Public Utilities Solid and Hazardous Waste Management
Department, the Collier County Board of County Commissioners Purchasing
Department has issued this ITB for the purpose of obtaining fair and competitive
responses.
Please refer to the Public Notice included in this document for the opening date and
time and any applicable pre-ITB conference.
All questions regarding this ITB must be submitted online on the Collier County
Purchasing Department Online Bidding System website: www.colliergov.net/bid. All
responses to questions will be posted on the website with electronic notification to all
prospective vendors.
We look forward to your participation in Collier County's competitive procurement
process.
cc: Dan Rodriguez, Director, Solid & Hazardous Waste Mgt
Angel Rodriguez, Associate Project Manager, Solid & Hazardous Waste Mgt
a" .4,
Pumt amen•132-`am.mi Try!Ens twesEp,Reran g'12-9 ••egv,annotapa net,urchasng
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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 III: Standard Purchase Order Terms and Conditions 14
Exhibit IV: Additional ITB Terms and Conditions 17
Attachment 1: Vendor Submittal -Vendor's Non-Response Statement 24
Attachment 2: Vendor's Check List 25
Attachment 3: Vendor Submittal - Bid Response Form 26
Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit 28
Attachment 5: Vendor Submittal—Immigration Affidavit 29
Attachment 6: Vendor Substitute W—9 30
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements 31
EXHIBIT A—SPECIFICATIONS
EXHIBIT B --SITE MAP
EXHIBIT C—Bid, Payment & Performance Bonds
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Public Notice
Sealed bid responses for ITB 13-6131 — Artificial Reef Program, will be received either
electronically or manually (at the Collier County Government, Purchasing Department, 3327
Tamiami Trail E, Naples, FL 34112 until 2:30 PM Collier County local time on December 18,
2013. Solicitation responses received after the stated time and date will not be accepted.
ITB 13-6131 —Artificial Reef Program
A pre-bid conference will be not be held for this solicitation. All questions regarding this ITB
must be submitted online on the Collier County Purchasing Department Online Bidding System
website: www.collierciov.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 forms 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: is/Joanne Markiewicz
Interim Purchasing/General Services Director
Publicly posted on the Collier County Purchasing Department website:
www.colliergov.net/purchasing and in the lobby of the Purchasing Building on November 26,
2013.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Solid & Hazardous Waste Management Department (hereinafter,
the "Division or Department"), the Collier County Board of County Commissioners Purchasing
Department (hereinafter, "County"), the City of Naples and the City of Marco Island, 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
Collier County has been granted $500,000 dollars from the BP Promotional Fund under the
Gulf Tourism and Seafood Promotional Fund to construct artificial reefs off the Collier County
coast in the Gulf of Mexico. In addition the City of Naples and the City of Marco Island have
also been awarded funding for reef installation for a total of $1.3 million dollars. The intent is
that all three municipalities will procure the fabrication and deployment of the reef materials
from this solicitation's resulting contract. The following are the six reef locations:
Planned BP Grant Reef Project
NM from
Description Location* Pass* Qty Unit
COLLIER COUNTY
1 Hardbottom Site/EMS 26 12 96 9 N/82 03 856W 13.17 4,000 Tons
2 Sargussum 26 4 136N/82 2 927W 13.71 4,000 Tons
CITY OF NAPLES
3 Georgia Lee 26 1.822 N/82 6.155W 17.19 2,500 Tons
4 100 ft Barge 26 1.530N/81 58.146 W 14.95 2,500 Tons
CITY OF MARCO
5 30 Mile Reef Site 25 55.214N/81 88.632 W 27.89 2,500 Tons
6 Caxambus Reef 25 49.866N/81 49.809 W 12.4 2,500 Tons
* Nautical Miles from Pass and Location is subject to change.
This funding will allow Collier County, City of Naples, and City of Marco to construct
approximately 36 artificial reefs (each reef location is made up of 6 artificial reef clusters).
This will add to Collier County's inventory of approximately 50 artificial reefs 2-9 miles off-
shore. The added reefs would be sufficiently off-shore to be attractive to both fishermen and
scuba divers. Clusters of artificial reefs 10-20 miles off-shore would be in significantly clear
water making them attractive to scuba divers and eco-tourists as well as fishermen.
Future additional funding to build artificial reefs may be available through the Community
Foundation Agreements and County Department budgets.
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Background
Collier County first became involved with artificial reef construction in the early 1970's. The
first authorized reef projects were funded by the Deltona Corporation for the construction of
the Marco Island two and five mile "Fish Haven" reefs. These reefs were built as mitigation for
the destruction of estuarine habitat during the development of Marco Island. Shortly
thereafter, the Naples Cruise Club constructed the Naples Pier Reef located about two miles
west of the Naples Pier.
No additional reef construction was performed until 1984 when the newly formed Collier
County Artificial Reef Program (CCARP) began to add more materials to the Marco Island
and Naples Pier reefs. During 1984, 1987, 1990, 1995, 1998, 1999 and again in 2000 the
County obtained State and Federal permits for additional reefs. Artificial reefs were
constructed five miles west of Wiggins, Doctors and Gordon Passes.
Reefs were also constructed 15 miles west of these passes and two were placed 91/2 miles off
Wiggins and Gordon Passes. Today the CCARP maintains reefs located from Wiggins Pass
at the north end of Collier County to Pavilion Key at the south.
The Solid and Hazardous Waste Management Department has adopted a Board of Collier
County Commissioners approved Integrated Solid Waste Management Strategy for
developing programs and facilities to meet current and future solid waste management needs
that benefits Collier County. One component of this long-term strategy is the preservation of
the Collier County Landfill Airspace. Therefore, by maximizing recycling and diversion of
suitable construction and demolition waste materials from disposal in the landfill, and reusing
the suitable materials for construction of artificial reefs, Collier County will be greatly
enhancing their waste reduction program, while improving their preservation of the Collier
County Landfill airspace, and providing a socio-economic benefit to local coastal
communities.
The Collier County Artificial Reef Program (CCARP) is managed by the Coastal Zone
Management in the Natural Resources Department of the Growth Management Division. In
addition, the county coordinates with the Collier County Sea Grant Extension Agent, fishing
guides, and local agencies to help monitor and maintain reef sites within the county.
There is quite an elaborate process involved in the construction of an artificial reef. Each
proposed artificial reef site must be permitted. This process can take 6-9 months to
complete. The U.S. Army Corps of Engineers (ACOE) is the permitting authority for
proposed reefs in federal waters, while both the ACOE and the Florida Department of
Environmental Protection (FDEP) assume permitting responsibility in state waters.
The Coastal Zone Management department must conduct a bottom survey of portions of the
area proposed for reef development to ensure that the bottom is suitable (hard sand or rock
base), without biological (seagrass, coral reef, shellfish or other hard bottom communities) or
historical resources. Under current regulations, an artificial reef height cannot exceed one
half the total water column depth at mean low water (MLW). The minimum allowable depth
for an artificial reef in bays or estuaries is twelve feet MLW. An artificial reef cannot exceed
one quarter mile in length on a side, and cannot be located in a shipping lane. Annual
monitoring post deployment is conducted to evaluate reef stability and diversity and quantity
of fish species.
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Detailed Scope of Work— See Exhibit A
Material Placement
1. Land
The Contractor shall provide transportation of the artificial reef materials to the waterfront
staging area location designated by the County. An appropriate staging area shall be
provided by the Contractor in order to facilitate preparation and loading of the artificial reef
materials for transportation to the reef site.
2. Ocean
The barges or tow vessels shall carry a documented manifest of reef materials and a County-
provided copy of reef permits on board. The artificial reef material shall be placed on the
reef site by the Contractor in a location to be determined and marked by the County. The
County Project Manager or his designee shall verify the location immediately prior to
placement.
The Contractor shall make provisions to ensure that all artificial reef materials are placed
within a designated area and shall be deposited in such a manner that no materials extend
more than twelve (12) feet above the surrounding bottom after placement. Any materials that
do not satisfy this placement restriction shall be subject to removal or relocation by the
Contractor at no expense to the County. The County Project Manager or his designee shall
make the sole determination of proper material placement.
Project Management
The County Project Manager or his designee shall have access to the staging area and shall
be on board the vessel at all times during the transportation and placement of the artificial
reef material. Material placed without on-site approval of the Project Manager or his
designee shall be subject to removal or relocation at the Contractor's expense. The
Contractor shall give the County Project Manager or their designee a minimum of five (5)
business days' notice of any scheduled work, or any schedule change that would require the
presence of the Project Manager.
Should the Contractor encounter any unforseen circumstances which may change the scope
or schedule of the project, the Contractor shall promptly notify the County Project Manager or
their designee in writing. The County Project Manager or his designee shall review the
findings and advise the Contractor as to how to proceed. The Contractor shall not continue
until advised to do so by the County Project Manager or his designee.
Contractor Requirements:
• Must be on file with the Department of State in accordance with provision of Chapter 607,
Florida Statutes (www.sunbiz.ord) by time of contract award
• Must not be on the Federal or State debarment lists
• Material and deployment must be in compliance with Coast Guard, US Army Corp of
Engineers and State of Florida standards and requirements
• Must demonstrate that the bidder is competent (provide five references and include agency
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name, contact person, phone number)
• Bidder must have necessary resources to complete project (ABS Rated Barges, crane,
etc.)
• Must have completed an artificial reef project within the past seven (7) years — provide list
of previous projects of similar scope and size. Must have deployed over 5 reefs with one
at least 10 miles from shore.
• Must self perform at least 51% of the work
• Provide list of equipment and resources needed to complete this project and notate
whether"owned" or"leased", age and location
• Provide brief bios of personnel that may be assigned to this project.
• Based on funding and amount of suitable reef material, Contractor must complete reef
deployment at all sites within 365 calendar days, from Notice to Proceed or as specified in
Purchase Order—also provide one page of project plan that includes schedule and steps
to accomplish tasks in a timely manner
• Bid, Payment & Performance Bonds required.
Award Criteria
ITB award criteria are 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: total base bid.
• Collier County reserves the right to select one, or more than one suppliers, however, it is the
intent to select a single awardee.
• The agreement will be in the form of a Collier County standard contract.
Term of Contract
The contract term, if an award(s) is/are made is intended to be for three (3) years with three one
(1) year renewal options. Prices shall remain firm for the initial term of this contract. Surcharges
will not be accepted in conjunction with this contract, and such charges should be incorporated
into the pricing structure.
Projected Timetable
Event Date
Issue Solicitation Notice 11/26/13
Last Date for Receipt of Written Questions 5:00 PM 12/13/13
Addendum Issued By 12/16/13
Solicitation Deadline Date and Time 2:30 PM 12/18/13
Anticipated Evaluation of Submittals January 2014
Anticipated Board of County Commissioner's Approval Date By 2/28/14
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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
• Prequalification Documentation:
o Provide five references
o Previous Experience
o Provide list of equipment
o Provide brief bios of personnel
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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.
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.
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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.colliergov.net/bid. Before submitting
a bid response, please make sure that you have read all, understood clearly and complied
completely with any changes stated in the addenda as failure to do so may result in the rejection
of your submittal.
8. Bid Submission
All electronic bids shall be submitted online via the Collier County Purchasing Department Online
Bidding System: www.colliergov.net/bid. All paper bids shall be submitted to the County
Purchasing Director, Collier County Government, Purchasing Department, 3327 Tamiami Trail E,
Naples, FL 34112, by the date and time as stated in the Legal Notice. The County assumes no
responsibility for bid responses received after the due date and time, or at any office or location
other than that specified herein, whether due to mail delays, courier mistakes, mishandling,
inclement weather or any other reason. Late bid responses shall be returned unopened, and shall
not be considered for award.
Vendors must submit one (1) paper copy clearly labeled "Master," and one (1) compact disks
(CD's) with one copy of the proposal on each CD in Word, Excel or PDF. List the Solicitation
Number and Title on the outside of the box or envelope. All bids sent by courier service must
have the bid number and title on the outside of the courier packet.
Vendors who wish to receive copies of bids after the bid opening may view and download same
from the Collier County Purchasing Department Internet bid site.
9. Questions
If the vendor should be of the opinion that the meaning of any part of the Bid Document is
doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement
Strategist before the bid opening date. Direct questions related to this ITB only to the Collier
County Purchasing Department Internet website: www.colliergov.net/bid. Questions will not be
answered after the date noted on the ITB. Vendors must clearly understand that the only official
answer or position of the County will be the one stated on the Collier County Purchasing
Department Online Bidding System website. For general questions, please call the referenced
Procurement Strategist identified in the Public Notice.
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10. Protests
Any actual or prospective respondent to an Invitation to Bid, who has a serious and legitimate
issue with the ITB shall file a written protest with the Purchasing Director prior to the opening of
the bid or the due date for acceptance of bid. All such protests must be filed with the Purchasing
Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the
bid or the acceptance date for the Request for Proposals.
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 87-25, and Collier County Resolution Number
2008-181 establishing and adopting the Collier County Purchasing Policy. The Collier County
Board of County Commissioners has adopted a Local Preference "Right to Match" policy to
enhance the opportunities of local businesses to receive awards of Collier County purchases.
A "local business" is defined as a business that has a valid Business Tax Receipt, formerly known
as an Occupational License issued by either Collier or Lee County for a minimum of one (1) year
prior to a Collier County quote or proposal submission that authorizes the business to provide the
commodities or services to be purchased, and a physical business address located within the
limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office
Boxes are not verifiable and 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 either Collier or Lee County in a
verifiable and measurable way. This may include, but not be limited to, the retention and
expansion of employment opportunities, the support and increase to either Collier or Lee County's
tax base, and residency of employees and principals of the business within Collier or Lee County.
Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their
quote or proposal to be eligible for consideration as a "local business" under this section.
When a qualified and responsive non-local business submits the lowest price quote, and the quote
submitted by one or more qualified and responsive local businesses is within ten percent (10%) of
the price submitted by the non-local business, then the local business with the apparent lowest
quote offer (i.e. the lowest local vendor) shall have the opportunity to submit an offer to match the
price(s) offered by the overall lowest, qualified and responsive vendor. In such instances, staff
shall first verify if the lowest non-local vendor and the lowest local vendor are in fact qualified and
responsive vendors.
Next, the Purchasing Department shall determine if the lowest local vendor meets the
requirements of Section 287.087 F.S. If the lowest local vendor meets the requirements of
287.087, F.S., the Purchasing Department shall invite the lowest local vendor to submit a
matching offer to the Purchasing Department which shall be submitted within five (5) business
days thereafter. If the lowest local vendor submits an offer that fully matches the lowest quote from
the lowest non-local vendor tendered previously, then award shall be made to the local vendor. If
the lowest local vendor declines or is unable to match the lowest non local quote price(s), then
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award will be made to the lowest overall qualified and responsive vendor. If the lowest local
vendor does not meet the requirement of Section 287.087 F.S. and the lowest non-local vendor
does, award will be made to the vendor that meets the requirements of the referenced state law.
Vendor must complete and submit with its quote response the Affidavit for Claiming Status as a
Local Business which is included as part of this solicitation. Failure on the part of a Vendor to
submit this Affidavit with their quote response will preclude said Vendor from being
considered for local preference under this solicitation. A Vendor who misrepresents the
Local Preference status of its firm in a quote 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 any of the competing vendors
determined to be in contention for being selected for award for the purpose of clarification to
assure full understanding of, and responsiveness to solicitation requirements.
13. Immigration Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States. The
Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-
based means of verifying employment eligibility of workers in the United States; it is not a
substitute for any other employment eligibility verification requirements. The program will be used
for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including
professional services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County
Commissioners
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 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 Bidder does
not comply with providing both the acceptable E-Verify evidence and the executed affidavit
the bidder'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.00v/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.
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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 (FI Statute 607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
shall be identified. Firms who do not provide the certificate of authority at the time of response
shall be required to provide same within five (5) days upon notification of selection for award. If the
firm cannot provide the document within the referenced timeframe, the County reserves the right
to award to another firm.
16. General Information
When it is deemed by the County that a bid cannot be awarded as originally intended, the County
reserves the right to award this bid through an approach which is the best interest of the County.
Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying
as low bid, the County shall ask vendors to submit certification that they have a drug-free
workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said • •
certification; the County will give local vendor preference.
17. Bid Award Process
Award of contract will be made by the Board of County Commissioners in public session. Awards
pertaining to the Collier County Airport Authority will generally be made by that agency's approval
Board. 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 Purchasing 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 Purchasing Director.
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Exhibit III: Standard Purchase Order Terms and Conditions
1. Offer actual receipt of the goods by the COUNTY
This offer is subject to cancellation by the nonetheless remain with VENDOR.
COUNTY without notice if not accepted by b) No charges will be paid by the COUNTY for
VENDOR within fourteen (14)days of issuance. packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
2. Acceptance and Confirmation Unless otherwise provided in Purchase
This Purchase Order (including all documents Order, no invoices shall be issued nor
attached to or referenced therein) constitutes payments made prior to delivery. Unless
the entire agreement between the parties, unless freight and other charges are itemized, any
otherwise specifically noted by the COUNTY on discount will be taken on the full amount of
the face of this Purchase Order. Each delivery of invoice.
goods and/or services received by the COUNTY c) All shipments of goods scheduled on the
from VENDOR shall be deemed to be upon the same day via the same route must be
terms and conditions contained in this Purchase consolidated. Each shipping container must
Order. be consecutively numbered and marked to
show this Purchase Order number. The
No additional terms may be added and Purchase container and Purchase Order numbers must
Order may not be changed except by written be indicated on bill of lading. Packing slips
instrument executed by the COUNTY. VENDOR must show Purchase Order number and
is deemed to be on notice that the COUNTY must be included on each package of less
objects to any additional or different terms and than container load (LCL) shipments and/or
conditions contained in any acknowledgment, with each car load of equipment. The
invoice or other communication from VENDOR, COUNTY reserves the right to refuse or
notwithstanding the COUNTY'S acceptance or return any shipment or equipment at
payment for any delivery of goods and/or VENDOR'S expense that is not marked with
services, or any similar act by VENDOR. Purchase Order numbers. VENDOR agrees
to declare to the carrier the value of any
3. Inspection shipment made under this Purchase Order
All goods and/or services delivered hereunder and the full invoice value of such shipment.
shall be received subject to the COUNTY'S d) All invoices must contain the Purchase Order
inspection and approval and payment therefore number and any other specific information as
shall not constitute acceptance. All payments are identified on the Purchase Order. Discounts
subject to adjustment for shortage or rejection. of prompt payment will be computed from the
All defective or nonconforming goods will be date of receipt of goods or from date of
returned pursuant to VENDOR'S instruction at receipt of invoices, whichever is later.
VENDOR'S expense. Payment will be made upon receipt of a
proper invoice and in compliance with
To the extent that a purchase order requires a Chapter 218, Fla. Stats., otherwise known as
series of performances by VENDOR, the the "Local Government Prompt Payment
COUNTY prospectively reserves the right to Act," and, pursuant to the Board of County
cancel the entire remainder of the Purchase Commissioners Purchasing Policy.
Order if goods and/or services provided early in
the term of the Purchase Order are 5. Time Is Of the Essence
non-conforming or otherwise rejected by the Time for delivery of goods or performance of
COUNTY. services under this Purchase Order is of the
essence. Failure of VENDOR to meet delivery
4. Shipping and Invoices schedules or deliver within a reasonable time, as
a) All goods are FOB destination and must be interpreted by the COUNTY in its sole judgment,
suitably packed and prepared to secure the shall entitle the COUNTY to seek all remedies
lowest transportation rates and to comply available to it at law or in equity. VENDOR
�-. with all carrier regulations. Risk of loss of agrees to reimburse the COUNTY for any
any goods sold hereunder shall transfer to expenses incurred in enforcing its rights.
the COUNTY at the time and place of VENDOR further agrees that undiscovered
delivery; provided that risk of loss prior to delivery of nonconforming goods and/or services
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is not a waiver of the COUNTY'S right to insist from, caused by or related to the injury or death
upon further compliance with all specifications. of any person (including but not limited to
employees and agents of VENDOR in the
6. Changes performance of their duties or otherwise), or
The COUNTY may at any time and by written damage to property (including property of the
notice make changes to drawings and COUNTY or other persons), which arise out of or
specifications, shipping instructions, quantities are incident to the goods and/or services to be
and delivery schedules within the general scope provided hereunder.
of this Purchase Order. Should any such change
increase or decrease the cost of, or the time 11. Warranty of Non-Infringement
required for performance of the Purchase Order, VENDOR represents and warrants that all goods
an equitable adjustment in the price and/or sold or services performed under this Purchase
delivery schedule will be negotiated by the Order are: a) in compliance with applicable laws;
COUNTY and VENDOR. Notwithstanding the b) do not infringe any patent, trademark,
foregoing, VENDOR has an affirmative obligation copyright or trade secret; and c) do not constitute
to give notice if the changes will decrease costs. unfair competition.
Any claims for adjustment by VENDOR must be
made within thirty (30) days from the date the VENDOR shall indemnify and hold harmless the
change is ordered or within such additional COUNTY from and against any and all claims,
period of time as may be agreed upon by the including claims of negligence, costs and
parties. expense, including but not limited to attorneys'
fees, which arise from any claim, suit or
7. Warranties proceeding alleging that the COUNTY'S use of
VENDOR expressly warrants that the goods the goods and/or services provided under this
and/or services covered by this Purchase Order Purchase Order are inconsistent with VENDOR'S
will conform to the specifications, drawings, representations and warranties in section 11 (a).
samples or other descriptions furnished or
specified by the COUNTY, and will be of If any claim which arises from VENDOR'S breach
satisfactory material and quality production, free of section 11 (a) has occurred, or is likely to
from defects and sufficient for the purpose occur, VENDOR may, at the COUNTY'S option,
intended. Goods shall be delivered free from any procure for the COUNTY the right to continue
security interest or other lien, encumbrance or using the goods or services, or replace or modify
claim of any third party. These warranties shall the goods or services so that they become
survive inspection, acceptance, passage of title non-infringing, (without any material degradation
and payment by the COUNTY. in performance, quality, functionality or additional
cost to the COUNTY).
8. Statutory Conformity
Goods and services provided pursuant to this 12. Insurance Requirements
Purchase Order, and their production and The VENDOR, at its sole expense, shall provide
transportation shall conform to all applicable commercial insurance of such type and with such
laws, including but not limited to the Occupational terms and limits as may be reasonably
Health and Safety Act, the Federal associated with the Purchase Order. Providing
Transportation Act and the Fair Labor Standards and maintaining adequate insurance coverage is
Act, as well as any law or regulation noted on the a material obligation of the VENDOR. All
face of the Purchase Order. insurance policies shall be executed through
insurers authorized or eligible to write policies in
9. Advertising the State of Florida.
No VENDOR providing goods and services to the
COUNTY shall advertise the fact that it has 13. Compliance with Laws
contracted with the COUNTY for goods and/or In fulfilling the terms of this Purchase Order,
services, or appropriate or make use of the VENDOR agrees that it will comply with all
COUNTY'S name or other identifying marks or federal, state, and local laws, rules, codes, and
property without the prior written consent of the ordinances that are applicable to the conduct of
COUNTY'S Purchasing Department. its business. By way of non-exhaustive example,
this shall include the American with Disabilities
10. Indemnification Act and all prohibitions against discrimination on
VENDOR shall indemnify and hold harmless the the basis of race, religion, sex creed, national
COUNTY from any and all claims, including origin, handicap, marital status, or veterans'
claims of negligence, costs and expenses, status. Further, VENDOR acknowledges and
including but not limited to attorneys'fees, arising without exception or stipulation shall be fully
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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
conditions of this Purchase Order, provided that
COUNTY has provided VENDOR with notice of
such breach and VENDOR has failed to cure
within 10 days of receipt of such notice.
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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 (as
per purchasing policy) upon negotiation of a satisfactory price by the Project Manager and Vendor.
2. Conflict of Interest
Vendor shall provide a list of any businesses and/or organizations to which the firm has any
affiliation or obligations within the past five (5) years; whether paid or donated, which could be
construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of
interest is subject to County staff review and does not in and of itself disqualify a firm from
consideration. These disclosures are intended to identify and or preclude conflict of interest
situations during contract selection and execution.
3. Vendor Performance Evaluation
Collier County has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of$25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of agreement.
4. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly
responsible for 51% or more of the solicitation amount for said work.
5. 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.
6. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of
the successful vendor.
7. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub
vendors shall be responsible for the safety of their employees and any unsafe acts or conditions
that may cause injury or damage to any persons or property within and around the work site. All
firewall penetrations must be protected in order to meet Fire Codes.
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.
8. 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.
9. 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.
10. Protection of Property
The Vendor shall ensure that the service is performed in such manner as to not damage any
property. In the event damage occurs to any property as a direct result of the Vendor or their Sub
vendor in the performance of the required service, the Vendor shall repair/replace, to the County's
satisfaction, damaged property at no additional cost to the County. If the damage caused by the
Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will
be deducted from the monies due the Vendor.
11. 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 Ill,
Florida Statutes, the current Collier County Ethics Ordinance and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact
�-. with County staff for a specified period of time; b. Prohibition by the individual and/or firm from
doing business with the County for a specified period of time, including but not limited to:
submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the
individual and/or firm for cause.
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12. Invoice and Payments
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the
County's purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk a(�collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and/or
services as part of this agreement.
Payment methods include:
• Traditional —payment by check, wire transfer or other cash equivalent.
• Standard — payment by purchasing card. Collier County's Purchasing Card Program is
supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is
cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of
using the County's credit card for transactions relating to this solicitation. The County will
entertain bids clearly stating pricing for standard payment methods. An additional separate
discounted price for traditional payments may be provided at the initial bid submittal if it is clearly
marked as an "Additional Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for
that prior month. Services beyond sixty (60) days from current monthly invoice will not be
considered for payment without prior approval from the Project manager. All invoices should be
submitted within the fiscal year the work was performed. (County's fiscal year is October 1 -
September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or
processed for payment) unless specifically authorized by the Project Manager.
Payments will be made for articles and/or services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months after
completion of contract. Any untimely submission of invoices beyond the specified deadline period
is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be
deemed of the essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or
other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy
these debts, the County reserves the right to off-set the amount owed to the County by applying
the amount owed to the vendor or contractor for services performed of for materials delivered in
association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in
compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt
ITB 13-6131 Artificial Reef Packet Page-1229- 19
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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.
13. Survivability
The Contractor agrees that any Purchase Order that extends beyond the expiration date of the
original Solicitation 13-6131 will survive and remain subject to the terms and conditions of that
Agreement until the completion or termination of this Purchase Order.
14. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in Insurance and
Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain
property insurance upon the entire project, if required, to the full insurable value of the scope of
work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to
the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Vendors, Design Consultants and
Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows:
Collier County Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set
forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services
Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured
retentions or deductibles under any of the below listed minimum required coverage, Vendor must
identify on the Certificate of Insurance the nature and amount of such self- insured retentions or
deductibles and provide satisfactory evidence of financial responsibility for such obligations. All
self-insured retentions or deductibles will be Vendor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in
this solicitation, whichever is longer.
The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall
also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices
ITB 13-6131 Artificial Reef Packet Page-1230- 20
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of expiration, cancellation, non-renewal or material change in coverage or limits received by
Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to
provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by
Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to
the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County
may terminate the Agreement or at its sole discretion shall be authorized to purchase such
coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse
the County for such costs within thirty (30) days after demand, the County has the right to offset
these costs from any amount due Vendor under this Agreement or any other agreement between
the County and Vendor. The County shall be under no obligation to purchase such insurance, nor
shall it be responsible for the coverage(s) purchased or the insurance company or companies
used. The decision of the County to purchase such insurance coverage(s) shall in no way be
construed to be a waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of
the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure
of the Vendor to provide the County with such renewal certificate(s) shall be considered
justification for the County to terminate any and all contracts.
15. Security and Background Checks
If required, Contractor 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.
16. 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.
17. 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
ITB 13-6131 Artificial Reef Packet Page-1231- 21
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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.
� I
18. Direct Material Purchase
The County reserves the right to require Vendor to assign some or all of its agreements with
material suppliers directly to the County. Any such goods and/or materials purchased by the
County pursuant to such an assignment of a material supply agreement shall be referred to as
"County Furnished Materials" and the responsibilities of both the County and the Vendor relating
to said materials shall be governed by the terms and conditions of this solicitation.
Additionally, the County at its sole option may choose to purchase some or all of the goods and/or
materials from other suppliers. In either instance the County may require the following information
from the Vendor:
• Required quantities of material.
• Specifications relating to goods and/or materials required for job including brand and/or
model number or type if applicable
• Pricing and availability of goods and/or materials provided under Vendor's agreements with
material suppliers
19. 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.
20. Equipment
Vendor shall have available and in good working condition, the necessary equipment to perform
the required service. 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.
21. Bid Deposit Requirements
a. No Bid shall be considered or accepted unless at the time of Bid filing the same shall be
accompanied by a cashier's check, a cash bond posted with the County Clerk, a certified
check payable to Owner on some bank or trust company located in the State of Florida
insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less
than 5% of the bidder's maximum possible award (base bid plus all add alternates)
(collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by
Owner as liquidated damages if the Successful Bidder fails to execute and deliver to
Owner the unaltered Agreement, or fails to deliver the required Performance and Payment
Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the
Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the
laws of the State of Florida to execute such bonds, with conditions that the surety will,
upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three
(3) lowest Bidders shall be held until the Agreement has been executed by the Successful
Bidder and same has been delivered to Owner together with the required bonds and
insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders.
All other Bid Deposits shall be released within ten (10) working days of the Bid Opening.
No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days
after the public opening thereof. If a Bid is not accepted within said time period it shall be
deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the
Owner awards the contract prior to the expiration of the one hundred twenty (120) day
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period without selecting any or all alternates, the Owner shall retain the right to
subsequently award to the Successful Bidder said alternates at a later time but no later
than one hundred twenty (120) days from opening, unless otherwise agreed by the
Purchasing Director and the Successful Bidder.
b. The Successful Bidder shall execute two (2) copies of the Agreement in the form attached
and deliver same to Owner within the time period noted above. The Owner shall execute
all copies and return one fully executed copy of the Agreement to Successful Bidder within
thirty (30) working days after receipt of the executed Agreement from Successful Bidder
unless any governmental agency having funding control over the Project requires
additional time, in which event the Owner shall have such additional time to execute the
Agreement as may be reasonably necessary.
Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an amount not less
than five percent (5%) of the total Bid to be retained as liquidated damages in the event the
Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten
(10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and
agrees that it shall execute the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds,
as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and
Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or
countersigned by a licensed resident agent of the surety or insurance company having its place of
business in the State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment
and Performance Bonds must file with each bond a certified and effective dated copy of their Power of
Attorney.
In order to erform
p public work, the Successful Bidder shall, as applicable, hold or obtain such
contractor's and business licenses, certifications and registrations as required by State statutes and
County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such
investigations as it deems necessary to determine the performance record and ability of the apparent
low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request,
the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's
qualifications.
22. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the
terms of Section 287.133(2)(a) of the Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid, proposal, or reply on a
contract to provide any goods or services to a public entity; may not submit a bid,
proposal, or reply on a contract with a public entity for the construction or repair of
a public building or public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any
public entity; and may not transact business with any public entity in excess of the
threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
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er county
Administrative Services Division
Purchasing
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: 13-6131 Artificial Reef Program
❑ Services requested not available through our company.
❑ Our firm could not meet specifications/scope of work.
❑ Specifications/scope of work not clearly understood (too vague, rigid, etc.)
❑ Project is too small.
❑ Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address:
❑ Other reason(s):
Firm's Complete Legal Name
Address
City, State, Zip
Telephone Number
FAX Number
Signature/Title
n Type Name of Signature Date:
ITB 13-6131 Artificial Reef Packet Page-1234- 24
6/10/2014 16.C.2.
Goer County
Adn nissrative SeMoss Division
Purchasing
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 cashier's 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:
Purchasing Director
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
The mailing envelope must be sealed and marked with:
• Solicitation: 13-6131 Artificial Reef Program
• Opening Date
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.)
ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE
OF THE COURIER PACKET.
Company Name
Signature & Title
Date
ITB 13-6131 Artificial Reef Packet Page-1235- 25
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Co ier County
Administrative Services Division
Purchasing
Attachment 3: Vendor Submittal - Bid Response Form
FROM:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: 13-6131 Artificial Reef Program
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 contract, either by a County issued
purchase order or formal contract, to comply with the requirements in full in accordance with the
terms, conditions and specifications denoted herein, according to the following unit prices:
*** 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 can be either manual or electronic. Please input your prices online.
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 Purchasing Director for approval
within fifteen (15) days after being notified of an award.
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IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
, 20 in the County of , in the State of
Firm's Complete Legal Name
Address
City, State, Zip
Florida Certificate of Authority
Document Number
Federal Tax Identification
Number
CCR#or CAGE Code
Telephone Number
FAX Number
Signature/Title
Type Name of Signature
Date
Additional Contact Information
Send Payments To: (REQUIRED ONLY if different from above)
Firm's Complete Legal Name
Address
City, State, Zip
Contact Name
Telephone Number
FAX Number
Email Address
ITB 13-6131 Artificial Reef Packet Page -1237- 27
6/10/2014 16.C.2.
Co r ier County
Adrrtnishat a Services Division
Purchasing
Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit
Solicitation: 13-6131 Artificial Reef Program (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;
A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee
County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the
business to provide the commodities or services to be purchased, and a physical business address located
within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office
Boxes are not verifiable and 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 either Collier or Lee County in a verifiable and measurable way. This may
include, but not be limited to, the retention and expansion of employment opportunities, the support and
increase to either Collier or Lee County's tax base, and residency of employees and principals of the business
within Collier or Lee 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.
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
n My Commission Expires:
(AFFIX OFFICIAL SEAL)
ITB 13-6131 Artificial Reef Packet Page-1238- 28
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Ca l r County
Admentrabve Services Dmvon
Purchasing
Attachment 5: Vendor Submittal—Immigration Affidavit
Solicitation: 13-6131 Artificial Reef Program
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, 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 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.
ITB 13-6131 Artificial Reef 29
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Calker County
Administrative Services Division
Purchasing
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.
Signature Date
Title Phone Number
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Colt County
Administrative Services Division
Purcha sing
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
Compensation Government Statutory Limits and Requirements
2. ® Employer's Liability $1,000.000 single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability(Occurrence
Form) patterned after the $2,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily
current ISO form Injury Liability and Property Damage Liability. This shall include
Premises and Operations; Independent Contractors; Products and
Completed Operations and Contractual Liability.
4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor
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 or anyone
employed or utilized by the Contractor/Vendor in the performance of this
Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise
may be available to an indemnified party or person described in this
paragraph. This section does not pertain to any incident arising from the
sole negligence of Collier County.
4. ® Automobile Liability $ 2,000.000 Each Occurrence; Bodily Injury& Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. ® Other insurance as ❑Watercraft $ Per
noted: Occurrence
® United States Longshoreman's and Harborworker's Act coverage shall
be maintained where applicable to the completion of the work.
$ 2,000,000 Per OccurrencE
® Maritime Coverage (Jones Act)shall be maintained where applicable tc
the completion of the work.
$ 2,000,000 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
ITB 13-6131 Artificial Reef 31
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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.
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 No.
ITB 13-6131 Artificial Reef 32
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EXHIBIT A—SPECIFICATIONS
Phase I
Artificial Reef Deployment
Scope of Work
The proposed work consists of providing all necessary services and equipment to deploy clean
suitable construction and demolition reef material (C&D) into permitted Artificial Reef sites up to
35 miles offshore. Please provide unit prices by ton for reefs deployed between 0 to 14 miles,
and reefs deployed between 14 to 35 miles to provide the scope of work which consists of, but
not limited to the following:
• Review and adhere to all permit requirements regarding the construction and
deployment of Artificial Reefs
• Manage and organize the construction and demolition (C&D) waste stockpiled at the
Collier County Landfill (Details provided in Section B, under Contractor's Responsibility)
• Transport stockpiled clean suitable construction and demolition (C&D) suitable material
from the Collier County Landfill, and from various vendors whom are up to 50 miles
away of the loading site; to a waterfront material staging location(s)
• Load the suitable materials on barges
• Transport and deploy the suitable materials as per the Engineer's design, to the
permitted artificial reef locations
The contractor must provide all materials, labor supervision, and equipment to perform the work. r�
The scope of work is extended to other governmental entities: Collier County encourages and
agrees to the successful contractor extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the successful
contractor.
Contractor's Responsibilities
The Contractor shall be responsible for all activities associated with the work including, but not
limited to, the following:
A) Permits —The permits are available to potential Contractors at the offices of the
Environmental Services Department. The Contractor must be thoroughly familiar with the
permits since they describe the procedure to be utilized, including the method of construction,
and the suitable materials for the artificial reefs. The Contractor must adhere to all permit
requirements and must certify and assure compliance for each deployment to the sites. All
special and standard Manatee Protection Requirements must be complied with.
B) Suitable Material - The Contractor is responsible for assuring the materials are suitable,
however the County Representative reserves the right to reject any material. Suitable materials
are described in the permits. They are described as but not limited to; recovered pre-cast
concrete with structural integrity such as culverts, manholes, barriers, pilings, catch basins, etc.
of varying sizes larger than three (3) feet across, or limestone boulders no smaller than three (3)
feet in diameter and no longer than ten (10) feet in diameter. The Contractor will be responsible
for removing unsuitable materials from the Collier County Landfill. This may be done at the
landfill, at the discretion of the Collier County Landfill Operations Manager.
ITB 13-6131 Artificial Reef 33
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The Collier County Landfill is located approximately seventeen miles away from the barge
staging area. Therefore, the Contractor is responsible for collecting and transporting suitable
material, from various sites up to seventeen (17) miles from the barge staging area, at no
additional cost. However, at the discretion of the County, Contractor may provide an additional
charge per ton, to collect and transport suitable material to the barge staging area, located at
various sites outside the seventeen mile range and up to fifty miles away from the barge staging
area. All material must be certified on site by a County Representative as suitable reef material.
The Contractor is responsible for properly disposing any and all unsuitable materials removed
from a vendor's site. Unsuitable material from the C&D materials derived from sources other
than the Collier County Landfill will not be permitted to be disposed of at the Collier County
Landfill. The Contractor is liable for any damages done at the various collection sites.
C) C&D Loading — Upon initiation of stockpiling, loading, and transporting of the reef
material by the Contractor, all liability, risk of loss and responsibility for the safe handling,
storage, transportation and deployment of the materials shall be the Contractor's responsibility.
This liability, assumption of risk and responsibility shall remain with the Contractor until the
materials are deployed at the permitted reef site in accordance with these specifications. The
Suitable materials will be stockpiled as they are received at the landfill. The Contractor shall not
allow the materials to accumulate at the landfill in excess of six thousand (6,000) tons. The
Contractor is responsible for maintaining and organizing the stockpile material in a suitable
fashion to maximize the footprint for material storage. All loading must be coordinated with the
County's Solid and Hazardous Waste Management Department and the landfill operator.
D) Barge Staging Area — The Contractor is responsible for hauling the materials to the
barge staging area. The Contractor must coordinate with the County representative for the use
of the barge staging area located at the base of the Marco Island Jolly Bridge, 951 North:
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All materials received at the site shall utilize the barge displacement technique for
measurement of material tonnage. The Contractor must maintain the barge staging area clean
with suitable material in an organized fashion and submit written certification that the materials
�-.. loaded on the barge are suitable.
ITB 13-6131 Artificial Reef 34
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E) Transport to Reef Location —The vessel utilized should be a barge or other vessel
suitable for offshore movement. The Contractor shall provide a sufficiently powered towing
vessel, personnel, and all necessary equipment to transport the materials offshore and deploy it.
The county has the right to reject any equipment they deem to be inadequate or worn-out. The
materials loaded on the transporting vessel must be properly secured to allow for safe transport
to the reef construction site.
The barge must carry an Artificial Reef Materials Cargo Manifest as required by Florida Statutes
370.25 (6)(b). The cargo manifest will be issued by the County's representative upon inspection
of the loaded barge.
F) Deployment of Recycled C&D Reef Materials — The Contractor shall be responsible for
placing temporary buoys to mark each deployment site in accordance with the permits. The
County's representative will observe the temporary marking of the reef deployment locations in
advance of deployment. The markers shall be colored buoys no less than twelve inches (12") in
diameter and sufficiently anchored so that they will not drift off the designated deployment site
prior to deployment. The Contractor shall be required to remove any materials placed outside
the permit area. Precise GPS placement of marker buoys that do not shift position with time will
be important to insure the reef is constructed within the permitted area.
The County's representative, as an official observer, shall remain on-site during the entire
deployment phase of the operation, and observe the GPS coordinates of the individual
placements as well as the maximum vertical relief of the constructed reefs.
The Contractor shall have, on-site, current nautical charts of the deployment area, with the
permitted site indicated on the chart. The proposed patch reef coordinates and the corner
coordinates of the reef site also must be in possession of the Contractor when on-site. The
Contractor must also be in possession of a copy of the Army Corps permit for the area where
the deployments are taking place. The Contractor shall be responsible for ensuring that all
permit conditions are met.
The Contractor shall be responsible for providing to the County a contour map of the site
describing conditions before and after each deployment.
During the deployment of the concrete reef materials, the transport vessel must be effectively
moored through double anchoring, or otherwise be held securely in place with minimal
movement to ensure accurate and concentrated placement of the concrete patch reefs on the
bottom. Individual reef materials shall not be widely scattered. Additionally, the patch reefs shall
not exceed twelve (12) feet in height or one-half the distance between the surfaces and bottom
whichever is less. If the height restriction is exceeded, the Contractor will be required to adjust
the materials to meet the height restriction.
Any machinery used to move and deploy the reef materials should be sufficiently
powered/maneuverable and capably operated to ensure timely, effective and safe off-loading of
materials. The tug or transport vessel shall meet all U.S. Coast Guard certification and safety
requirements, be equipped with a working, accurate Global Positioning System (GPS) unit and
other marine electronics including a working VHF radio.
G) Reports — The Contractor shall prepare and deliver to the County the pre-notification
required in the permits at least twenty-one (21) days prior to the expected deployment dates.
The Contractor shall also prepare the post deployment notification as required by the permits,
and submit it to the County within fourteen (14) days following the deployment. The County will
provide the notification to the agencies as required in the permits.
ITB 13-6131 Artificial Reef 35
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H) Other —Contractor must demonstrate that it has obtained all necessary permits or can
obtain such permits within one hundred twenty (120) days of the Award for the barge loading
facility site and all transportation vessels.
Phase II
Artificial Reef Fabricated Structures
The Contractor is responsible for providing fabricated reef modules to the barge staging area.
The tetrahedrons, reef modules, are to be constructed of reinforced concrete, example
Reefmaker's Florida Limestone and Florida Special Artificial Reefs (or approved equivalent*).
Two (2) reef module sizes will be used in the new artificial reefs off of Collier County. One
option will be an 8 foot and the other will be a 12 foot tetrahedron weighing a minimum of 5,000
lbs.
Twenty (20) reef modules are to be placed at each deployment site upright and a minimum
distance of 40ft from the toe of the concrete/limestone/rubble. Ten (10) modules will be placed
on the northern side of the concrete/limestone/rubble and ten (10) modules will be placed on the
southern side. There should be 10ft to 20ft between each module. Eight (8) foot modules are
to be placed on reefs with more than 12ft of relief. Twelve (12) foot modules are to be placed
on reefs with less than 12ft of relief. Coordination of the final deployment schedule and
locations will be coordinated with the County's Project Manager.
Please provide unit pricing on the bid tab sheet (provided in separate file) for providing the reef
modules at the barge staging area. Once there, the modules will be weighed using the barge
displacement technique for measurement of material tonnage and charged accordingly to their
'-° respective reef location between 0 to 14 or 0 to 35 miles. The minimum module order will be no
less than 75 modules each.
Also please provide unit pricing for creating and installing customized plaques on reef modules
and other potential artificial reef materials. Contractor must provide and display examples of the
plaques, and may only proceed at the discretion of the County.
*If proposing equivalent, please include in bid package specification documentation.
ITB 13-6131 Artificial Reef 36
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EXHIBIT B: BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we
(herein after called the Principal) and
, (herein
called the Surety), a corporation chartered and existing under the laws of the State of
with its principal offices in the city of and authorized
to do business in the State of are held and firmly bound unto the
(hereinafter called the Owner),
in the full and just sum of dollars
($ ) good and lawful money of the United States of America, to be paid
upon demand of the Owner, to which payment well and truly to be made, the Principal and the
Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and
severally and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all
labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the
Work on the Project known as ITB 13-6131 —Artificial Reef Program.
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL
shall enter into the required Agreement with the Owner and within ten days after the date of a
written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in
an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract
Documents with good and sufficient surety for the faithful performance of the Agreement and for
the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the
event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds,
and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the
OBLIGEE the fixed sum of$ noted above as liquidated damages, and not as a
penalty, as provided in the Bidding Documents, then this obligation shall be null and void,
otherwise to remain in full force and effect.
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed this day of , 20
Principal
BY (Seal)
Surety
(Seal)
Countersigned
Local Resident Producing Agent for
ITB 13-6131 Artificial Reef 37
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EXHIBIT C: PUBLIC PAYMENT BOND
Artificial Reef Program
Bond No.
Contract No. 13-6131
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and
, as Surety, located at
(Business Address) are held and
firmly bound to as Obligee in the sum of
($ )for the payment whereof
we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and
severally.
WHEREAS, Principal has entered into a contract dated as of the day of 20
with Obligee for in accordance
with drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying
Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the
work provided for in the Contract, then this bond is void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities connected
with the Contract or the changes do not affect Sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the
Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond,
regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20 , the name of each party being affixed and these presents duly signed by its
under-signed representative, pursuant to authority of its governing body.
ITB 13-6131 Artificial Reef 38
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6/10/2014 16.C.2.
Signed, sealed and delivered
in the presence of:
PRINCIPAL
BY:
Witnesses as to Principal NAME:
ITS:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of 20 , by
as of
, a corporation, on behalf of the corporation.
He/she is personally known to me OR has produced as identification and did (did not)
take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
ATTEST: SURETY:
(Printed Name)
(Business Address
(Authorized Signature)
Witnesses to Surety (Printed Name)
ITB 13-6131 Artificial Reef 39
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6/10/2014 16.C.2.
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses (Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by , as of
Surety, on behalf of Surety. He/She is personally known to
me OR has produced as identification and who did (did
not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
ITB 13-6131 Artificial Reef 40
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EXHIBIT C: PUBLIC PERFORMANCE BOND
Artificial Reef Program
Bond No.
Contract No. 13-6131
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and
as Surety, located at
(Business
Address) are held and firmly bound to , as
Obligee in the sum of
($ ) for the payment whereof we bond ourselves, our heirs, executors, personal
representatives, successors and assigns,jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
20 , with Obligee for
in accordance
with drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract; and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because
of any default by Principal under the Contract, including, but not limited to, all delay damages, whether
liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time specified
in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the
Contract and compliance or noncompliance with any formalities connected with the Contract or the
changes do not affect Sureties obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or the
specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby
waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract
or to work or to the specifications.
This instrument shall be construed in all respects as a common law bond. It is expressly understood that
the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this
bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this
Performance Bond regardless of the number of suits that may be filed by Obligee.
ITB 13-6131 Artificial Reef 41
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'' IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of each party being affixed and these presents duly signed by its
undersigned representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of: PRINCIPAL
BY:
Witnesses as to Principal
NAME:
ITS:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 , by
, as of
, a corporation, on behalf of the
corporation. He/she is personally known to me OR has produced
as identification and did (did not)take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
ITB 13-6131 Artificial Reef 42
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ATTEST: SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witnesses as to Surety (Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses (Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 , by
, as of , a
Surety, on behalf of Surety. He/She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
ITB 13-6131 Artificial Reef 43
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STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within the last five
years is a judge of its experience, skill and business standing and of its ability to conduct the work
as completely and as rapidly as required under the terms of the Agreement.
Proiect and Location Reference
1.
2.
3.
4.
5.
6.
Company:
Signature: Date:
ITB 13-6131 Artificial Reef Packet Page-1254- 44
6/10/2014 16.C.2.
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Packet Page-1255-
•
6/10/2014 16.C.2.
AGREEMENT 13-6131
for
Artificial Reef Program
THIS AGREEMENT is made and entered into this day of , 2014, by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision of
the State of Florida (hereinafter referred to as the "County" or "Owner") and McCulley Marine
Services, Inc., authorized to do business in the State of Florida, whose business address is 2309
N. Old Dixie Highway, Ft. Pierce, Florida 34946 (hereinafter referred to as the "Contractor").
W ITNESS ET H:
1. COMMENCEMENT. The Contractor shall commence the work upon issuance of a Notice
to Proceed or as specified in a Purchase Order. The contract shall be for a three (3) year
period, commencing on Date of Board award and terminating three (3) years from that
date, or until such time as all outstanding Purchase Orders issued prior to the expiration of
the Agreement period have been completed. This contract shall have three (3) additional,
one (1) year renewals, renewable annually. The County Manager, or his designee, may, at
his discretion, extend the Agreement under all of the terms and conditions contained in this
Agreement for up to one hundred eighty (180) days. The County Manager, or his designee,
shall give the Contractor written notice of the County's intention to extend the Agreement
term not less than ten (10) days prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK: The Contractor shall provide reef material and/or deployment
services for Public Utilities Department in accordance with the terms and conditions of ITB
#13-6131 and the Contractor's proposal referred to herein and made an integral part of this
agreement.
This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Contractor
and the County project manager or his designee, in compliance with the County
Purchasing Ordinance and Procedures in effect at the time such services are authorized.
3. COMPENSATION: The County shall pay the Contractor for the performance of this Work
pursuant to the prices offered by the Contractor in his response to ITB #13-6131 per
Exhibit A, attached herein and incorporated by reference or subsequent quotes. Any
County Agency may utilize the services offered under this contract, provided sufficient
funds are included in the budget(s). This contract will be purchase order driven.
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the
County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-
mail, or by the United States Postal Service Department, first class mail service, postage
prepaid, addressed to the following Contractor's address of record:
John W. McCulley, Vice President
McCulley Marine Services, Inc.
2309 N. Old Dixie Highway
Ft. Pierce, Florida 34946
Phone: (772)489-6069
Fax: (772) 460-9701 Fax
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All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the
following County's address of record:
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Purchasing/General Services Director
Phone: 239-252-8407
Fax: 239-252-6584
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent
of the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all
permits necessary for the prosecution of the Work shall be obtained by the Contractor.
Payment for all such permits issued by the County shall be processed internally by the County.
Contractor is not responsible for paying for permits issued by Collier County, but is responsible
for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued
by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all
sales, consumer, use and other similar taxes associated with the Work or portions thereof,
which are applicable during the performance of the Work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in
any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for
any purpose in violation of any federal, state, county or municipal ordinance, rule, order or
regulation, or of any governmental rule or regulation now in effect or hereafter enacted or
adopted. In the event of such violation by the Contractor or if the County or its authorized
representative shall deem any conduct on the part of the Contractor to be objectionable or
improper, the County shall have the right to suspend the Contract of the Contractor. Should
the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the
County within twenty-four (24) hours after receiving notice of such violation, conduct, or
practice, such suspension to continue until the violation is cured. The Contractor further
agrees not to commence operation during the suspension period until the violation has been
corrected to the satisfaction of the County.
8. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may
terminate said Agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of non-
performance.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
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10. INSURANCE, PAYMENT & PERFORMANCE BONDS: The Contractor shall provide
insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent contractors; Products
and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include
Employers' Liability with a minimum limit of$1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as
the Certificate Holder and included as an Additional Insured on the Comprehensive
General Liability.
D. United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work with a limit of $ 2,000,000 Per Occurrence
E. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work with a limit of$2,000,000 Per Occurrence
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates shall
be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30)
day notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide County with
certificates of insurance meeting the required insurance provisions.
F. BONDS.
A. When a construction project is in excess of $200,000, the Contractor shall be
required to provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or
Payment Bond prior to commencing performance, for the full amount of the Work,
which shall act as a security guaranteeing the performance of the Contractor's work
and the payment by the Contractor to any other party (ies) providing labor and/or
materials in connection with each construction or renovation project performed by
the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit
„Bn.
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business in the State of Florida, or it ceases to meet the
requirements imposed by the Contract Documents, the Contractor shall, within five
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(5) calendar days thereafter, substitute another bond and surety, both of which shall
be subject to the Owner's approval.
11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees
and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the
performance of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. This section does not pertain to any
incident arising from the sole negligence of Collier County.
11.1 The duty to defend under this Article 11 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon presentation of
a claim by any party and written notice of such claim being provided to Contractor.
Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration
or earlier termination of this Agreement until it is determined by final judgment that an action
against the County or an indemnified party for the matter indemnified hereunder is fully and
finally barred by the applicable statute of limitations.
12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof,
because of defective or incomplete work, subsequently discovered evidence or subsequent
inspections. The Owner may nullify the whole or any part of any approval for payment
previously issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as may be
necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not
remedied; (b) failure of Contractor to make payment properly to subcontractors or for labor,
materials or equipment; (c) reasonable doubt that the Work can be completed for the unpaid
balance of the Contract Amount; (d) reasonable indication that the Work will not be completed
within the Contract Time; (e) unsatisfactory prosecution of the Work by the Contractor; or (f)
any other material breach of the Contract Documents. If any conditions described above are
not remedied or removed, Owner may, after three (3) days written notice, rectify the same at
Contractor's expense.
13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
14. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly set
forth herein, no addition or changes to the Work shall be made except upon modification of the
Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased
compensation without such modification. No officer, employee or agent of Owner is authorized
to direct any extra or changed work orally. Any modifications to this Contract shall be in
compliance with the County Purchasing Ordinance and Procedures in effect at the time such
modifications are authorized.
15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
contract in accordance with the Purchasing Procedures.
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16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119 (including
specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)), ordinances).
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify Owner in writing.
17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
19. WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment
covered by this Agreement will conform to the requirements as specified, and will be of
satisfactory material and quality production, free from defects, and sufficient for the purpose
intended. Goods shall be delivered free from any security interest or other lien, encumbrance
or claim of any third party. Any services provided under this Agreement shall be provided in
accordance with generally accepted professional standards for the particular service. These
warranties shall survive inspection, acceptance, passage of title and payment by the County.
20. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Contractor 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.
21. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
22. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of
any such loss or damage until final payment has been made. If Contractor or anyone
for whom Contractor is legally liable is responsible for any loss or damage to the Work,
or other work or materials of Owner or Owner's separate contractors, Contractor shall
be charged with the same, and any monies necessary to replace such loss or damage
shall be deducted from any amounts due Contractor.
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B. Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is
legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify
Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for
all costs incurred by Owner associated therewith.
23. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage, injury
or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the
occurrence of the emergency, if Contractor believes that any significant changes in the Work
or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a written Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
24. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Public Utilities Division.
25. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Exhibits A and B, Contractor's Proposal, Insurance Certificate, ITB
#13-6131 any addenda, etc, made or issued pursuant to this Agreement.
26. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, 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.
27. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
28. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work.
No markup shall be applied to sales tax.
29. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as located
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at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure
by the Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement
immediately.
30. VENUE. Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
31. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
32. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in
effect.
33. SECURITY. If required, Contractor shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department 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
34. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attended by representatives
of Contractor with full decision-making authority and by County's staff person who would make
the presentation of any settlement reached during negotiations to County for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached at
mediation to County's board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Statute.
35. SAFETY. All contractors and subcontractors 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. Also all Contractors and subcontractors 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.
Collier County Government has authorized the Occupational Safety and Health Administration
(OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of
inspection of any Contractor's work operations. This provision is non-negotiable by any
department and/or Contractor.
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All applicable OSHA inspection criteria apply as well as all Contractor rights, with one
exception. Contractors do not have the right to refuse to allow OSHA onto a project that is
being performed on Collier County Property. Collier County, as the owner of the property
where the project is taking place shall be the only entity allowed to refuse access to the project.
However, this decision shall only be made by Collier County's Risk Management Department
Safety Manager and/or Safety Engineer.
******************** Remainder of page intentionally left blank *************************
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Tom Henning, Chairman
Dated:
(Seal)
McCulley Marine Services, Inc.
Contractor
By:
First Witness Signature
Type/Print Witness Name Typed Signature
Second Witness Title
Type/Print Witness Name
Approved as to form and legalit :
Assistant County Attorney
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Exhibit A— Price Schedule
(pages immediately following) '^
C.q
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EXHIBIT A
PM: Angel Rodriguez ITB 13-6131
PS: Brenda Brilhart Artificial Reef Program
Artificial Reef Program
ITB 13-6131
..r Description QTY Uhl it Price Total
Phase One•Artificial Reef Material Deployment(1) ,
1 Artificial Reef Material Deployed between 0 to 14 Miles . 64.75 $ 64.75
2 Artificial Reef Material Deployed between 14 to 35 Miles on 74.75 $ 74.75
Phase Two•Artificial Reef Fabricated Structures(2)
3 8ft Modules Oft ' 75 Ea. 2630 $ 197,250.00
4 12ft Modules 75 Ea. 5030 $ 377,250.00
Additional Fabricated Structures(2)
5 Installation and Creation la .. i 1 Ea. 250 $ 250.00',
6 8ft Modules Ea. 2022 $ 505,500.00
7 8ft Modules 00 Ea. 2016 $ 1,008,000.00
8 Bft�le 750 Ea. 1954 $ 1.465,500.00
9 M�lule 250 _ Ea. 3441 $ 860,250.00
ales les 500 Ea. 3430 $ 1,715,000.00
111. dules 750 Ea. 3322 $ 2,491,500.00
Collection of C&D Material Beyond the 17 mile Range(3)
12 Zone A-17 to 30 miles away from the Barge Staging Area 1 Ton 3.65 $ 3.65
13 Zone B-30 to 40 miles away from the Barge Staging Area 1 Ton 9.43 $ 9.43
( 14 Zone C-40 to 50 miles away from the Barge Staging Area 1 Ton 11.85 $ 11.85
Disclaimer $ 8,620,664.43
(1)Unit Price to include all work described in the Phase I Artificial Reef Deployment scope of work.
(2)This unit price consists of the Contractor providing and delivering the Reef Modules to the County Barge Staging Area,
see Phase II scope of work. Once on site they will be weighed and charged by tonnage accordingly to their respective reef
destination,0 to 14 miles or 14 to 35 miles.
(3)This Unit Price consists of collecting and delivering suitable material to the Barge Staging area,from various sites
ranging from 17 to 50 miles away,see Phase One scope of work. There will be no additional charge for any suitable
material collected within the 17 mile range. Once on site,all material will be weighed and charged by tonnage accordingly
to their respective reef destination, 0 to 14 miles or 14 to 35 miles.
Procurement of individual line items will be dependent upon funding availability,award of bid is based on all the total of all line items.
Qualifications: Submit with Bid Package: YES/NO
1 Must be on file with the Department of State in accordance with provision of Chapter 607 Florida Statutes
(www.sunbiz.org) by time of contract award YES
2 Must not be on the Federal or State debarment lists YES
3 Material and deployment must be in compliance with Coast Guard, US Army Corp of Engineers
and State of Florida standards and requirements YES
4 Must demonstrate that the bidder is competent(provide five references and include agency
name, contact person, phone number) YES
5 Bidder must have necessary resources to complete project(ABS Rated Barges,crane, etc.) YES
6 Must have completed an artificial reef project within the past seven (7)years—provide list of
previous projects of similar scope and size. Must have deployed over 5 reefs with one at least
10 miles from shore. YES
7 Must self perform at least 51%of the work YES
8 Provide list of equipment and resources needed to complete this project and notate whether
'owned"or"leased", age and location YES
9 Provide brief bios of personnel that may be assigned to this project. YES
Page 1 CA
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EXHIBIT A . 6/1 0/2014 16.C.2.
PM: Angel Rodriguez ITB 13-6131
PS: Brenda Brilhart Artificial Reef Program
Artificial Reef Prosiram
ITB 13-6131
Description QTY Unit Unit Price Total
Phase One-Artificial Reef Material Deployment(1) `""'
1,Artificial Reef Material Deployed between 0 to 14 Miles 1 r _ 62.81 $ 62.81 ,
2 Artificial Reef Material Deployed between 14 to 35 Miles (1 on 72.51 $ 72.51
Phase Two•Artificial Reef Fabricated Structures(2) y s k
3 8ft Modules 75 Ea. 2551.1 $ 191,332.50
4 12ft Modules 75 Ea. 4879.1 $ 365,932.50
Additional Fabricated Structures(2) _ _
5 Installation and Creation o es %.,..„ Ea. 242.5 $ 242.50
6 8ft:Modules Ea. 1961.34 $ 490,335.00
7 8ft Modules _ - 500 Ea. 1955.52 _ $ 977.760.00
8 8ft Mo 1,421,535.00
s � 750 Ea 1895.38 $
1 44
0 12ft Mo � '4a. 250 Ea. 3337.77 $ 834, 2.50
10 12ft Modules _ 500 Ea. 3327.1 $ 1,663,550.00
11 12ft Modules 750 Ea. 3222.34 $ 2,416,755.00
Collection of CiD Material Beyond th 17 mile Range(3)
12 Zone A-17 to 30 miles away from the Barge Staging Area 1 Ton 3.54 $ 3.54
13 Zone B-30 to 40 miles away from the Barge Staging Area 1 Ton 9.15 $ 9.15
14 Zone C-40 to 50 miles away from the Barge Staging Area 1 Ton 11.49 $ 11.49
Disclaimer
$ 8,362,044.50
(1)Unit Price to include all work described in the Phase I Artificial Reef Deployment scope of work.
(2)This unit price consists of the Contractor providing and delivering the Reef Modules to the County Barge Staging Area,
see Phase ii scope of work. Once on site they will be weighed and charged by tonnage accordingly to their respective reef
destination,0 to 14 miles or 14 to 35 miles.
(3)This Unit Price consists of collecting and delivering suitable material to the Barge Staging area,from various sites
ranging from 17 to 50 miles away,see Phase One scope of work. There will be no additional charge for any suitable
material collected within the 17 mile range. Once on site,all material will be weighed and charged by tonnage accordingly
to their respective reef destination, 0 to 14 miles or 14 to 35 miles.
Procurement of individual line items will be dependent upon funding availability,award of bid is based on all the total of all line items.,
Qualifications: Submit with Bid Package: YES/NO
1 Must be on file with the Department of State in accordance with provision of Chapter 607, Florida Statutes
(www.sunbiz.orp)by time of contract award YES
2 Must not be on the Federal or State debarment lists YES
3 Material and deployment must be in compliance with Coast Guard, US Army Corp of Engineers
and State of Florida standards and requirements YES
4 Must demonstrate that the bidder is competent(provide five references and include agency
name, contact person, phone number) YES
5 Bidder must have necessary resources to complete project(ABS Rated Barges, crane,etc.) YES
6 Must have completed art artificial reef project within the past seven (7)years—provide list of
previous projects of similar scope and size. Must have deployed over 5 reefs with one at least
10 miles from shore. YES
7 Must self perform at least 51%of the work YES
8 Provide list of equipment and resources needed to complete this project and notate whether
"owned"or"leased", age and location YES
9 Provide brief bios of personnel that may be assigned to this project. YES
Page 1 CA
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Exhibit B — Performance and Payment Bonds
PUBLIC PAYMENT BOND
Artificial Reef Program
Bond No.
Contract No. 13-6131
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and
, as Surety, located at
(Business Address) are held and firmly
bound to as Obligee in the sum of
($ ) for the payment whereof
we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and
severally.
WHEREAS, Principal has entered into a contract dated as of the day of 20
with Obligee for in accordance
with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is
referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
^Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying
Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the
work provided for in the Contract, then this bond is void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities connected with
the Contract or the changes do not affect Sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the
Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless
of the number of suits that may be filed by claimants.
1N WITNESS WHEREOF, the above parties have executed this instrument this day of
20 , the name of each party being affixed and these presents duly signed by its
under-signed representative, pursuant to authority of its governing body.
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Signed, sealed and delivered
in the presence of:
PRINCIPAL
BY:
Witnesses as to Principal NAME:
ITS:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of 20 , by
as of
, a corporation, on behalf of the corporation.
He/she is personally known to me OR has produced as identification and did (did not)
take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
ATTEST: SURETY:
(Printed Name)
(Business Address
(Authorized Signature)
Witnesses to Surety (Printed Name)
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OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses (Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by , as of
Surety, on behalf of Surety. He/She is personally known to
me OR has produced as identification and who did (did
not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
Packet Page-1270- ��
6/10/2014 16.C.2.
PUBLIC PERFORMANCE BOND ^
Artificial Reef Program
Bond No.
Contract No. 13-6131
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and
as Surety, located at
(Business
Address) are held and firmly bound to , as
Obligee in the sum of
($ ) for the payment whereof we bond ourselves, our heirs, executors, personal
representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
20 , with Obligee for
in accordance
with drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract; and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because
of any default by Principal under the Contract, including, but not limited to, all delay damages, whether
liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time specified
in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the
Contract and compliance or noncompliance with any formalities connected with the Contract or the
changes do not affect Sureties obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or the
specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby
waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract
or to work or to the specifications.
This instrument shall be construed in all respects as a common law bond. It is expressly understood that
the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this
bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this
Performance Bond regardless of the number of suits that may be filed by Obligee.
Packet Page-1271- (c'A
6/10/2014 16.C.2.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of each party being affixed and these presents duly signed by its
undersigned representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of: PRINCIPAL
BY:
Witnesses as to Principal
NAME:
ITS:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 , by
, as of
, a corporation, on behalf of the
corporation. He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
Packet Page-1272- C_�,
6/10/2014 16.C.2.
ATTEST: SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witnesses as to Surety (Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses (Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 , by
, as of , a
Surety, on behalf of Surety. He/She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
Packet Pale-1273- CA
1 gE,V 1 V�
_ —_ 6/10/201416.0.2.
ii BP Gulf Tourism and Seafood Promotional Fund Reef Coordinates
City of Marco Island Proposed Reef Sites
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h=1 .4_.- S. P„ t•11 J Legend - 9 P. $;- .v' .S fi • 4St1 c
ail PROPOSED MARCO REEFS • '' ytf7 '`-• hi
11 ■ A ARTIiRC AL REEEF{PO T'S) 9 I' 6{ ,-s '.
11 • 4TER R 3F cr s.Rrs Purrs ..5 I/ MR CO h , :; 42 3l
Il a��rMTURA.L.RES MACES BOUNDARR` Al, ' t . �, S;',, t
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ry ssP�wAR ,, .
I I 7-ARTIFICIAL L RFFS(Patv�) p, b 4„
MAW!,BY RhU 3k1"Is 1'. sc-A. I'--.max
Turrell,Kali&Associates,Inc, CITY OF M A P,C:a!SL IcD ' tnrzr BI-I1-13 ne.-14-13 FELEPATH
PROPOSED REEF SITES °""�"""
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.toskstorre.Aneutasma.Aaa MOW t1i4FS3Si PIA 020t6o.Ar
1 BP Gulf Tourism and Seafood Promotional Funded Reef Sites(Subject to change)
Cc
Packet Page -1274-
6/10/2014 16.C.2.
s -
City of Naples Proposed Reef Sites
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41 Daslre 4 a
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Legend
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ilin PROPOSED NARLES Pairs ....i El I, Sh • 4
C4,1Sfr,
,
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* COWER Cott oriElciAL REEF S i V)blaVeqf
A, ARTIPIO4kLIREEF(P,C4NT'S1 8 oefi
• VatifERPROOF CRARTS POWS •::4P''
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52
ARtiRiCAL PEEPS eR'','_:.,'31.15
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i" ),,,---+-- Maint&iniretimmtel tanstilmij MO M IP:" PC A. " r".:414.1a,ram,F.0."41 '•
PROPOSED REEF SITES
01 Na "ott4'010-""
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2 BP Gulf Tourism and Seafood Promotional Funded Reef Sites(Subject to change)
O Packet Page -1275- 0
6/10/2014 16.C.2.o—
Collier County Proposed Reef Sites
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�i :tx rr 2 furs) ` kr h IL
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7
ct �` { , 5'� 4�4- v A 5i 1"L.1. I � 4 4
Legend h :p, ,
e PROPOSED COQ LIER In s .., S ' ' 6i St) ''•,, ob ttf f�
¢- Llsatr.•JpmARTrFICIALR-F.
A A TIRCIALf F{POINTS} If i,.... t,
a,
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4 wATa AL€ES URGES B t?NDft R a masts k h ,� 4"i ?i PA ,ERRnoR1AL S=AANC CoN'TI3uOJS ZONE h { 5 3°
Sri 2t L F R# 'L1N6A�A ,Y 3i .!"
A?TIFtC% REEFS( 'C3z rGOt tS) y �3 4-•,eta
' Rf�'ISY I i^
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.m
e 1 �` T(wrel,Hall&As�ate ht. N;A SITES 5H_F� ttd Montt PROPOSED FEt
F•y � Are GWc El #gaa,Fl.nilct-t7T.ti
tows t''tb33.c Far.1239 9e iti£rw
3 BP Gulf Tourism and Seafood Promotional Funded Reef Sites(Subject to change)
Packet Page -1276-
6/10/2014 16.C.2.
AGREEMENT
Between
COLLIER COUNTY r�
and
FLORIDA POWER& LIGHT COMPANY
This Agreement is made and entered into between Florida Power & Light Company
("FPL"), whose address is 700 Universe Boulevard, Juno Beach, FL 33408 and Collier County
("Collier"),a whose address is 3730 Whitelake Boulevard,Naples, FL 34117.
WHEREAS, FPL is replacing existing concrete materials within its Distribution and
Transmission system;
WHEREAS,Collier desires to use the concrete materials for its artificial reef program;
WHEREAS,FPL and Collier agree that FPL is willing to give the scrap concrete materials
to Collier and Collier is willing to accept the materials;
THEREFORE,FPL and Collier agree as follows:
1. FPL shall coordinate the delivery of scrap concrete materials to Collier for its artificial
reef progr m. The materials will consist of poles and transformer, vault and switch pads, along
with other miscellaneous concrete materials used by FPL. The majority of the poles are between
35' and 60' in length, with the possible exception of some being 75'. The poles may be cut in
half to facilitate transport. FPL shall deliver as much tonnage as possible during Collier's
material gathering stage or until Collier requests otherwise. The materials will be delivered to a
location of which Collier has made prior arrangements.
2. FPL shall provide these materials "as is." Any remaining hardware or components will
be removed by Collier.
3. Collier agrees to accept ownership of all the pules upon delivery to the Site. Once Collier
has accepted all the poles and other items,Collier agrees that Collier owns the poles. Collier Anil
either use the poles for its artificial reef program or properly dispose of the poles,according to the
applicable federal,state and local regulations at Collier's expense.
4. Collier shall secure all federal, state, and local permits required in connection with the use
of the concrete materials and shall at all times damply with the applicable federal, state,and local
laws. To the extent permitted by law, Collier agrees to indemnify FPL from any liability, cost,
fines, penalties, expenses, including attorney's fees, which may be sustained by FPL resulting
from the violation of any federal, state or local law by Collier following acceptance of the poles
by Collier,
5. FPL agrees to defend, reimburse.. indemnify and hold Collier, its agents, employees,
elected officers and representatives, free and harmless at all times from and against any and all
claims, liability, expenses, losses, costs, fines and damages for any action in connection with
FPL's performance of the delivery of the scrap concrete materials under this Agreement.
6. Either party may terminate this Agreement upon fifteen(15) days prior written notice by
the other party.
7. All notices required in this Agreement shall be sent by certified mail, return receipt
(7)
Packet Page-1277-
6/10/2014 16.0.2.
requested,to the address set forth above, unless otherwise specified by a party:
,---,
Peter Cocotos, Esq.
Florida Power&Light Company
215 South Monroe Street
Tallahassee, FL 32312
(&50) 521-3920
Daniel R.Rodriguez,MBA,CFM
Director, Solid and Hazardous Waste Management Department
3339 Tamiami Trail East, Suite 302
Naples,FL 34112
8. This Agreement embodies the whole understanding of the parties. There are no promises,
terms, conditions,or obligations other than those contained herein, and this Agreement shall
supersede all previous communications,representations or agreements,either verbal or written,
between the parties hereto.
BOARD OF COUNTY COMMISSIONERS
ATTEST: C01.13-ER COUNTY,FLORIDA
Dwight E..Brock,Clerk of Courts
By: By:
Tom Henning,District 3,BCC Chairman
Dated:
.--....
(SEAL)
FLORIDA POWER& LIGHT COMPANY
2 / .
First Witness I__
By Ron Reagan,VP Integrat. 'upply Chain
Type/Print Witness Name Date: AtilzusE 311.2(113
Second Witness
Type/Print Witness Name
20110
Approved as to form and legality:
'94
Scott R.Teach
,—. Deputy County Attorney
Packet Page-1278-