Invitation_to_Bid_Instructions_Version_1.pdf

Version 1 _9.2.25

INVITATION TO BID - GENERAL BID INSTRUCTIONS

1. PURPOSE/OBJECTIVE

As requested by the Collier County departments or divisions identified, the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “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 Bidders in accordance with the terms, conditions, and specifications stated and/or attached to the ITB.

2. BID SUBMISSION

2.1. Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature.

2.2. Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature.

2.3. If Bidder is an individual, his or her signature shall be inscribed.

2.4. If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid.

2.5. All Bids shall have names typed or printed below all signatures.

2.6. By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached and incorporated herein.

2.7. The Bidder shall complete the Bid and shall acknowledge the Bid correctly.

2.8. The Bid may be deemed non-responsive and/or rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind.

2.9. Bidders are responsible for reading and following the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid being deemed non-responsive/responsible.

2.10. Bids must be submitted electronically on the County’s bidding platform (https://procurement.opengov.com/portal/collier-county-fl). The County will not accept paper bids submitted via mail or in person delivery.

3. COMPLIANCE WITH THE BID

Bidders must be in strict compliance with the ITB. Failure to comply with all provisions of the ITB may result in being deemed non-responsive/responsible.

4. AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE ITB

It is the sole responsibility of the Bidder if they discover any ambiguity, conflict, discrepancy, omission or other error in the ITB, to immediately notify the Procurement Professional, of such error in writing and request modification or clarification of the document prior to submitting the bid and bid opening date.

5. QUESTIONS

5.1. Direct questions related to this Bid to the Collier County Procurement Services Division Online Bidding System website: https://procurement.opengov.com/portal/collier-county-fl.

5.2. Bidders must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website.

5.3. For general questions, please call the referenced Procurement Professional on the solicitation.

6. ADDENDA

6.1. The County reserves the right to formally amend and/or clarify the solicitation where it deems necessary. Any such addendum/clarification shall be in writing and notifications shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids.

6.2. All changes to the ITB will be conveyed electronically through a notice of addendum or questions and answers to all Bidders registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those Bidders who downloaded the ITB documents.

6.3. All addenda are posted on the Collier County Procurement Services Division Online Bidding System website: https://procurement.opengov.com/portal/collier-county-fl.

6.4. Before submitting a bid response, please make sure that you have read all documents provided, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in deeming your submittal non-responsive/responsible.

7. PRICING

Bidders must provide prices using the unit of measure specified by the County. All prices will remain firm for a period of one hundred and eighty (180) calendar days from the date of bid opening.

8. 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 may be the basis for deeming the bid submittal non-responsive. All bid responses received without pricing for all alternates as listed may be considered technically non-responsive.

9. EQUAL PRODUCT

9.1. Manufacturer’s name, brand name and/or model number are used in 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 by the County to be equal or similar in quality, standard of performance, design, etc. to the item specified.

9.2. 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. If required, the Bidder must contact the Procurement Services Division for instructions on submittal. The County shall be the sole judge of equality or similarity, and its decision shall be final in the best interest.

10. DISCOUNT

Any discounts or terms must be shown on the Bid Schedule 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.

11. EQUIPMENT

11.1. The Bidder shall have available and in good working condition, the necessary equipment to perform the required service. If required by the County, the Bidder shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site, unless otherwise stated in the awarded contract or agreed in writing in advance by the County.

11.2. In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the County must be notified in advance for approval. The reimbursement of the additional equipment expense shall be at cost and will commence once equipment arrives at the service site, unless otherwise stated in the awarded contract or agreed in writing in advance by the County. The County reserves the right to request and obtain documentation of the Bidder’s cost for time and material projects, and to withhold payments until documentation is provided.

11.3. All County-purchased equipment must be new and carry industry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. The Bidder must service all equipment prior to delivery and/or acceptance by the County. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Bidder from furnishing a complete unit.

12. LICENSES

12.1. The Bidder is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents.

Failure on the part of any Bidder to submit the required documentation may be grounds to deemed non-responsive. A Bidder, with an office within Collier County is also required to have an occupational license.

12.2. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active” in Collier County.

12.3. If you have questions regarding professional licenses, contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909.

Questions regarding required occupational licenses, please contact the Tax Collector’s Office at

(239) 252-2477.

13. IMMIGRATION CERTIFICATION

13.1. Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. 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.

13.2. Bidders are required to be enrolled in the E-Verify program at the time of submission of the bid. Acceptable evidence of your enrollment 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 which will be produced at the time of the submission.

13.3. Additionally, Bidders shall require all subcontracted Bidders to use the E-Verify system.

All Bidders shall familiarize themselves with the statutory requirements set forth in the Florida Statutes §448.095 pertaining to the responsibilities of Public Employers, Contractors and Subcontractors.

13.4. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Bidder’s responsibility to familiarize themselves with all rules and regulations governing this program.

13.5. Bidder 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 certification. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this certification shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately.

14. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF

FLORIDA (FL STATUTE 607.1501)

Certificate of Authority to Conduct Business in the State of Florida (FL Statute 607.1501): In order to be considered for award, Bidders must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Section 607.1501, Florida Statutes, and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Bidders who do not provide the certificate of authority at the time of response shall be required to provide the same within five (5) days upon notification of selection for the award. If the Bidders cannot provide the document within the referenced timeframe, the County reserves the right to award to another Bidder.

15. INSURANCE AND BONDING REQUIREMENTS

15.1. The Bidder shall at its own expense and carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of the ITB. The Bidder shall be required to provide the Certificate of Insurance(s) with the limits set forth in the ITB and awarded Agreement. If the Bidder cannot provide the document within the referenced timeframe, the County reserves the right to award to another Bidder. The Bidder shall procure and maintain property insurance upon the entire term of the awarded contract, if required, to the full insurable value of the scope of work.

15.2. The County and the Bidder waive against each other and the County’s separate Bidders, 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 Bidder and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Bidders, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts.

15.3. Collier County shall be responsible for purchasing and maintaining its own liability insurance.

15.4. Bonds (if applicable):

15.4.1. The Successful Bidder agrees to provide payment and performance bonds at least 100 percent of the contract amount, including allowance.

15.4.2. All required bonds shall be from a surety company authorized to do business in the State of Florida to guarantee the full and faithful performance of the contractual obligations and the payment of labor and material expended pursuant to the contract whenever and in such amounts as is deemed necessary by the Procurement Services Division. The surety shall meet the requirements of the Department of the Treasury Fiscal Service, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies.” An irrevocable letter of credit from a financial institution operating within the State of Florida (or other alternative forms of surety as permitted under Florida law) may be sufficient in place of the performance bond if so provided for in the bid and contract documents.

15.4.3. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the awarded Agreement, the specifications accompanying the awarded Agreement, or to the work to be performed under the awarded Agreement shall in any way affect its obligation on this bond, except as provided herein, and waive notice of any change, extension of time, alteration or addition to the terms of the awarded Agreement or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the awarded Agreement that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to the Surety is not required for such increased obligation.

16. ETHICAL STANDARDS

16.1. All Bidders must comply with Procurement Ordinance, Section Seven, Ethical Standards, including the following:

16.1.1. No bidder shall discuss or consult with other bidders intending to compete for the same or similar contract for the purpose of bid rigging, collusion or other activities that are illegal, unethical or limiting competition.

16.1.2. Bidders must certify that, to the best of their knowledge or belief, no elected/appointed official or employee of Collier County, a spouse thereof or other person residing in the same household, is financially interested, directly or indirectly, in providing the goods or services specified in any submitted bid or proposal. A financial interest is defined as ownership of more than one percent (1%) of the total assets or capital stock or being an officer, director, manager, partner, proprietor, or agent of the business submitting the bid or proposal or of any subcontractor or supplier thereof providing goods or services in excess of one percent (1%) of the total bid or proposal amount. Additionally, the bidder, on company letterhead, must divulge at the time of the submittal of a bid or proposal, any relative, other than those already specified, of an elected or appointed official or employee of the County who has a financial interest, in providing the goods or services specified in the bid or proposal. The County, at its sole discretion, will determine whether a conflict exists and whether to accept or reject the bid or proposal.

16.1.3. No bidder shall submit false information or intentionally submit misleading information to Collier County. After the advertisement of any solicitation, a “cone of silence” is in effect such that no current or prospective bidder or any person acting on their behalf, shall lobby, contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee, selection committee member, advisory board member, or elected or appointed official, other than the Procurement Services Division Director or designees.

16.1.4. Lobby shall mean influencing or attempting to influence action or non-action and attempting to obtain the goodwill of persons relating to the selection, ranking, or contract award in connection with any solicitation through direct or indirect oral or written communication. Any current or prospective bidder that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Division Director, and (ii) will be subject to Debarment Suspension as outlined in Section Twenty-Six of the Procurement Ordinance.

16.1.5. If a bidder becomes aware of a conflict of interest, unethical behavior, or illegal activity, they must promptly notify the Procurement Services Division. Failure to comply with this section shall be deemed a violation of ethical standards subject to administrative actions and may be subject to civil, and/or criminal penalties for ethical violations.

16.1.6. Bidders who violate the ethics standards described above and in the Procurement Ordinance shall be subject to debarment and suspension as provided in Section Twenty- Six of the Procurement Ordinance.

16.1.7. Bidders doing business with Collier County shall comply with the provisions of Sections 287.133, 287.135, 287.138, 448.095, and 908.111, Fla. Stat.

17. CONFLICT OF INTEREST

Bidder shall complete the Conflict of Interest Certification included as an attachment to this ITB document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a Bidder from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution.

18. PROHIBITION OF COLLUSION

18.1. Bidders are hereby notified that collusion or anti-competitive practices among bidders are strictly prohibited and will not be tolerated. Any agreement or cooperation between bidders to manipulate pricing, restrict competition, or otherwise undermine the integrity of the procurement process may result in:

18.1.1. Disqualification of all involved bidders,

18.1.2. Rejection of submitted bids,

18.1.3. Referral to appropriate legal authorities for investigation and prosecution under applicable state and federal laws.

18.2. Each bidder must independently prepare and submit its bid without any consultation, communication, or agreement with any other bidder or potential bidder regarding prices, terms, or conditions of the offer, or with the intention of restricting competition.

18.3. All bidders have an affirmative duty to reveal if it/they have any professional or personal relationship with any other bidders that provide a bid on a solicitation and that the duty to reveal such a relationship continues to run throughout the period of solicitation all the way up through the recommended award and ultimate award of the solicitation.

18.4. By submitting a bid, the bidder certifies that the bid is made without collusion, fraud, or any connection with any other bidder submitting a proposal for the same work, and that the bidder has not offered or received any inducement or advantage in connection with their bid. Failure to comply with this provision may result in disbarment from future contracting opportunities with Collier County.

19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES

No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to:

submitting bids, ITB, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause.

20. GRANT COMPLIANCE (if applicable)

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. The Bidder agrees to include with the bid submission all the completed and fully executed Grant documents provided as an attachment to the ITB.

21. PUBLIC ENTITY CRIME

A person or affiliate who has been placed on the convicted Bidder 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 Bidder under a contract with any public entity;

and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Bidder list.

22. SECURITY AND BACKGROUND CHECKS

22.1. Bidders are required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs.

If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under the award 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.

22.2. All Bidder’s employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties.

Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Bidder during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s business.

22.3. The Bidder shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliercountyfl.govgov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident.

22.4. Collier County Sheriff’s Office requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Bidder is responsible for all costs.

23. LOCAL BIDDER PREFERENCE (LVP) (not applicable to Grant Funded Solicitations)

Any Bidder claiming local Bidder preference must complete the required form and submit a Collier or Lee Business Tax receipt with their submission.

24. RESERVED RIGHTS

The Procurement Services Division Director or designee may, after opening, request additional information or clarification by the Proposer.

The Procurement Services Division Director or designee may waive or accept minor irregularities and technicalities, request additional information or clarifications in a response and allow correction thereof when such actions are deemed to be in the best interest of the County and do not conflict with the basic principles of fair and open competition.

25. PROTESTS PROCEDURES

Any Bidder who alleges to be aggrieved in connection with the solicitation or award of an Agreement, may protest to the Procurement Services Director, who shall serve as the sole receipt of the any and all notices of intent to protest and all formal protests.

With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for evaluation of proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within three (3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the information required for the Procurement Services Director, to render a decision on the formal protest and determine whether postponement of the bid opening or proposal/response closing time is appropriate. The Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's decision.

Any actual proposer or respondent to who desires to protest a recommended agreement award shall submit a notice of intent to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award.

All formal protests with respect to a recommended agreement award shall be submitted in writing to the Procurement Services Director for a decision. Said protests shall be submitted within five

(5) calendar business days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and accompanied by the required fee.

Complete instructions for formal protest are set forth in Procurement Ordinance.

26. ADDITIONAL ITEMS AND/OR SERVICES

Additional items and/or services may be added to the awarded contract, or purchase order, in compliance with the Procurement Ordinance.

27. BIDDER PERFORMANCE EVALUATION

The County has implemented a Bidder Performance Evaluation System for all contracts awarded in excess of $25,000.

The County reserves the right to take into consideration Bidder’s past performance under a prior or current County contract when it is considering the granting of a new contract, the assignment of a work order, or any additional work.

28. BID AWARD PROCESS

28.1. Award shall be made in a manner consistent with the County’s Procurement Ordinance.

Award recommendations will be posted on the Collier County Procurement Services Online Bidding system Online Bidding system website: https://procurement.opengov.com/portal/collier-county-fl.

28.2. The selected Bidder may be required to sign a standard Collier County contract or accept the County’s Purchase Order terms and conditions to serve as a formal contact.

28.3. The resultant contract(s) may include purchase or work orders issued by the County’s Project Manager (a/k/a Contract Administrative Agent).

28.4. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents or agree to any exceptions to the County’s terms and conditions provided by the Bidder.

28.5. The County’s Project Manager shall coordinate with the Bidder / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work.

29. PUBLIC RECORDS COMPLIANCE

29.1. Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows:

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS

RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN

OF PUBLIC RECORDS AT:

Communications, Government & Public Affairs Division 3299 Tamiami Trail East

Suite 102 Naples, FL 34112-5746

Telephone: (239) 252-8999

29.2. The Contractor must specifically comply with the Florida Public Records Law to:

29.2.1. Keep and maintain public records required by the public agency to perform the service.

29.2.2. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.

29.2.3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency.

29.2.4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.

30. PAYMENT METHOD

Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include purchase order number and description and quantities of the goods or services provided per instructions on the County’s purchase order or awarded contract. Invoices shall be emailed to: bccapclerk@collierclerk.com.

30.1. 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 the agreement.

30.2. In instances where the successful Bidder 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.

30.3. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements.

31. SURVIVABILITY

The Bidder agrees that any Purchase Order/Work Order/Solicitation Documents that extends beyond the expiration date of the original Solicitation will survive and remain subject to the terms and conditions of the award Agreement until the completion or termination.

32. ENVIRONMENTAL HEALTH AND SAFETY

32.1. All Bidders and Sub Bidders 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. Bidders and Sub Bidders 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.

32.2. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Bidder’s work operations. This provision is non-negotiable by any department and/or Bidder.

32.3. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer.

32.4. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels.

33. DEDUCTION 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 Bidder the costs necessary to correct the deficiencies directly related to the Bidder’s non-performance.

34. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES

Collier County encourages and agrees to the successful Bidder extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful Bidder.

35. FLORIDA WOOD PRODUCTS

The Bidder agrees to comply with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal.

36. STANDARDS OF CONDUCT

The Bidder shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Bidder shall supply competent employees who are physically capable of performing their employment duties. The County may require the Bidder 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.

37. PROTECTION OF PROPERTY

The Bidder 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 Bidder or their Sub

Bidder in the performance of the required service, the Bidder shall repair/replace, to the County’s satisfaction, damaged property at no additional cost to the County. If the damage caused by the Bidder or their Sub Bidder has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Bidder.

The County’s project manager shall coordinate with the Bidder the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work.

38. COLLIER COUNTY INFORMATION TECHNOLOGY REQUIREMENTS

All Bidder access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All Bidders will be required to adhere to IT policies for access to the County network.

Bidders are required to notify the County in writing twenty-four (24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document.

39. MAINTENANCE OF TRAFFIC POLICY

For all projects that are conducted within a Collier County Right-of-Way, the Bidder 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 Division.

The Bidder 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 the awarded contract.

40. DEBRIS

The Bidder shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. The Bidder shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County’s representative, Bidder shall remove and dispose such debris and materials from the property. The Bidder shall leave all affected areas as they were prior to beginning work.

41. DIRECT MATERIAL PURCHASE

41.1. The County reserves the right to request Bidder 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 Bidder 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 Bidder

41.1.1. Required quantities of material.

41.1.2. Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable.

41.1.3. Pricing and availability of goods and/or materials provided under Bidder’s agreements with material suppliers

42. STORAGE TANK INSTALLATION AND CLOSURE REQUIREMENTS

62-761.200(11) and 62-762.201(16), F.A.C.: “County” means a locally administered program under contract with the Department to perform compliance verification activities at facilities with storage tank systems.

62-761.200(48) and 62-762.201(62), F.A.C.: “Pollutants” includes any “product” as defined in Section 377.19(11), F.S., pesticides, ammonia, chlorine and derivatives thereof, excluding liquefied petroleum gas.

62-761.200(51) and 62-762.201(65), F.A.C.: “Product” as defined in Section 377.19(11), F.S., means any commodity made from oil or gas and includes refined crude oil, crude tops, topped crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casing head gasoline, natural gas gasoline, naphtha, distillate, condensate, gasoline, used oil, kerosene, benzene, wash oil, blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or byproducts derived from oil or gas, and blends or mixtures of two or more liquid products or byproducts derived from oil or gas, whether hereinabove enumerated or not.

62-761(73) and 62-762(84), F.A.C.: “Vehicular fuel” means a petroleum product used to fuel motor vehicles, including aircraft, watercraft and vehicles used on and off roads and rails.

The contractor shall ensure compliance with all NFPA regulations: specifically, 110 & 30/30A;

FDEP chapter 62 regulations: specifically, 761, 762, 777, and 780; 376 & 403 Florida Statutes;

and STI, UL, PEI, ASME, NACE, NLPA, NIST & API referenced standards pertaining to the storage of hazardous materials and petroleum products.

The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing / will be storing petroleum products or hazardous materials. The contractor shall provide a 10-day and 48-hour notice to SHWMD 239-252-2508 prior to commencement.

The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials / petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor’s submittal for permitting.

43. 62-761.300, F.A.C. APPLICABILITY

43.1. General Requirements:

43.1.1. Underground storage tank systems: The requirements of this Chapter, unless specified otherwise, apply to owners and operators of facilities, or owners and operators of UST systems with individual storage tank capacities greater than 110 gallons that contain or contained:

43.1.1.1. Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984

43.1.1.2. Pollutants or hazardous substances after December 10, 1990; or

43.1.1.3. Regulated substances in unmaintained storage tank systems.

43.1.2. This rule is applicable to non-residential facilities. Under 40 C.F.R. 280, residential tanks greater than 1100 gallons containing motor fuels are subject to Federal UST rules (advisory information only-not required by this Chapter).

44. 62-762.301, F.A.C. APPLICABILITY

44.1. General Requirements:

44.1.1. Aboveground storage tank systems: The requirements of this chapter, unless specified otherwise, apply to owners and operators of facilities, or owners and operators of aboveground stationary storage tank systems with individual storage tank capacities greater than 550 gallons that contain or contained: Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984

44.1.1.1. Vehicular fuel, subject to Chapter 17-61, F.A.C., after May 21, 1984;

44.1.1.2. Pollutants after March 12, 1991; or

44.1.1.3. Pollutants in unmaintained storage tank systems.

44.1.2. Aboveground compression vessels and hazardous substance storage tank systems:

Owners and operators of compression vessels and hazardous substance storage tanks with capacities of greater than 110 gallons containing hazardous substances are only required to comply with subsections 62-762.401(1)-(2), F.A.C.

44.1.3. Aboveground mineral acid storage tank systems: Owners and operators of facilities, or owners and operators of aboveground mineral acid storage tank systems with capacities of greater than 110 gallons containing mineral acids are only required to comply with Rule 62-762.891, F.A.C.

45. POLLUTION PREVENTION

The Bidder is required to implement industry relevant pollution prevention and best management practices. Should pollution incidents occur, Collier County Pollution Control must be notified immediately.

Certification: The Bidder hereby agrees to comply with the instructions above, Procurement Ordinance and Procurement Manual by submission of a bid.