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Agenda 04/14/2015 Item #16D3
EXECUTIVE SUMMARY ' 'ate "& &8w- 'iii r ?P (r b a r q t § . .:., $<� § i OBJECTIVE: To uphold the mission of Collier County Museums by preserving, displaying and enhancing the safety of historical items and to offset operating expenses for the County Museums through providing an updated venue for revenue generation. CONSIDERATIONS: In 2004, Collier County entered into a long term lease with Southwest Heritage Inc. to restore the old Naples Train Depot and convert the building along with three historic train cars into an additional museum in the Collier County Museum system. The Museum opened in January 2011. One of the historic cars is the 1947 Budd Tavern observation car, which was brought to the Naples Depot in 1978. Since that time, no major upgrades have been performed on the train car to prevent or decrease deterioration. While the Naples Depot staff has used stopgap measures to keep the train car safe for visitation, it has come to a point where the train can no longer be kept open for museum visitors if a permanent solution is not instituted. This project will remove all of the 1970's themed items, replace broken windows and seals, remove molded carpet and wood and restore the car to its original 1947 appearance. This project will help preserve the historical Tavern Train Car, create a safe environment for visitors to experience its history,and create a prospective venue for rental opportunities. Request for Proposal 15-6378 Naples Depot Museum 1947 Budd Tavern Train Car Restoration was publicly advertised on November 21, 2014. Email notices were sent to seven hundred fifty eight (758) firms, including notices to restoration companies; forty nine (49) firms requested full solicitation packages. Three firms submitted information including: one (1) firm who indicated they were not interested; one (1) firm (Wasatch Railroad Contractors) who submitted a letter of interest but declined to submit a formal proposal and, therefore declared non-responsive; and one (1) firm (Shadow Transit Service,Inc.)who was presented to the selection committee for evaluation purposes. A selection committee met on January 29, 2015 to discuss and review the proposal. By consensus of the members, Shadow Transit Service, Inc. was recommended as the firm who could complete the County's scope of work. Staff has negotiated the final contract which has been reviewed by the County Attorney's Office, and recommends an award to Shadow Transit Services,Inc. FISCAL IMPACT: Funds in the amount of $116,000 are available in Museum Capital Club Car Restoration Fund (314) in Project No. 50502. Staff has prepared a budget amendment moving $12,500 from Museum Capital Hurricane Protection Fund(314)to Project No. 50502 (Club Car Restoration) as a contingency in order to cover the proposal cost of$122,450, creating a total of$128,500. GROWTH MANAGEMENT IMPACT:None LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval.-CMG RECOMMENDATION: That the Board of County Commissioners awards RFP No. #15-6378 Naples Depot Museum 1947 Budd Tavern Train Car Restoration to Shadow Transit Service, Inc.; authorizes the Chairman to execute a County Attorney approved contract; and authorizes the necessary budget amendment. Prepared By: Lisa Marciano,Manager,Museum 4/14/2015 16.D.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.3. Item Summary: Recommendation to award RFP No. 15-6378 Naples Depot Museum 1947 Budd Tavern Train Car Restoration to Shadow Transit Services. Meeting Date: 4/14/2015 Prepared By Name: ApkarianChristina Title: Events, Sales&Marketing Coordinator,Museum 3/17/2015 9:02:25 AM Submitted by Title: Division Director-Museum,Museum Name: JamroRon 3/17/2015 9:02:26 AM Approved By Name:NorthrupAdam Title: Procurement Specialist, Purchasing&General Services Date: 3/18/2015 12:04:20 PM Name: HerreraSandra Title: Manager-Procurement, Purchasing&General Services Date: 3/18/2015 1:39:44 PM Name: Markiewiczloanne Title:Division Director-Purchasing&Gen Svc, Purchasing&General Services Date: 3/20/2015 9:17:56 AM Name: JohnsonScott Title: Manager-Procurement, Purchasing&General Services Date: 3/20/2015 4:23:09 PM Name: JamroRon Packet Page-659- 4/14/2015 16.D.3. Title: Division Director-Museum,Museum Date: 3/23/2015 5:02:51 PM Name: AlonsoHailey Title: Operations Analyst,Public Services Department Date: 3/30/2015 2:30:31 PM Name: TownsendAmanda Title: Division Director-Operations Support,Public Services Department Date: 4/1/2015 3:48:45 PM Name: CarneliSteve Title: Department Head-Public Services,Public Services Department Date: 4/2/2015 4:59:01 PM Name: GreeneColleen Title: Assistant County Attorney,CAO General Services Date: 4/3/2015 9:52:39 AM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 4/6/2015 11:07:10 AM n Name: KlatzkowJeff Title: County Attorney, Date: 4/6/2015 1:29:46 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 4/6/2015 1:53:05 PM Packet Page-660- 4/14/2015 16.D.3. REQUEST FOR PROPOSAL Cooier county Administrative Services Division Procurement Services COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Solicitation # 15-6378 Naples Depot Museum 1947 Budd Tavern Train Car Restoration Ewelina Dendroulakis, Procurement Strategist (239) 252-8929 (Telephone) (239)252-6446(Fax) EwelinaDendrou lakis @colliergov.net(Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. ii/ Rearmed Services Depabnert•3327 Tamiami Tral East•Naples.Floriae 34112-4901•wwrr:edliergov:netfpure4osing Packet Page-661- 4/14/2015 16.D.3. Table of Contents LEGAL NOTICE 3 EXHIBIT I:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II:GENERAL RFP INSTRUCTIONS 10 EXHIBIT III:COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 13 EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 17 ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 26 ATTACHMENT 2:VENDOR CHECK LIST 27 ATTACHMENT 3:CONFLICT OF INTEREST AFFIDAVIT 28 ATTACHMENT 4:VENDOR DECLARATION STATEMENT 29 ATTACHMENT 5:AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 31 ATTACHMENT 6:IMMIGRATION AFFIDAVIT CERTIFICATION 32 ATTACHMENT 7:VENDOR SUBSTITUTE W—9 33 ATTACHMENT 8:INSURANCE AND BONDING REQUIREMENTS 34 ATTACHMENT 9:REFERENCE QUESTIONNAIRE 36 /"—\ RFP#15-6378 Naples Depot Club Car Restoration 2 Packet Page-662- 4/14/2015 16.D.3. ��o� ier CoH.nty Administrative Services Division Procurement Services Legal Notice Proposals to provide Train Car Restoration for the Naples Depot Museum will be received electronically only until 11:00AM Naples local time, on 12/15/2014 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation # 15-6378 Naples Depot Museum 1947 Budd Tavern Train Car Restoration Services to be provided may include, but not be limited to the following: restoring the Budd Tavern train car to its original 1947 condition and replacing all the 1970's themed items. The project will be funded through capital funds. A non-mandatory pre-proposal conference will be held on 12/08/2014, commencing promptly at 11:00AM, and will be held in the Purchasing Department Conference Room A, Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If this pre-proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Ewelina M. Dendroulakis, J.D. Procurement Strategist, Procurement Services This Public Notice was posted on the Collier County Purchasing Department website: www.collieroov.net/purchasinq and in the Lobby of Purchasing Building "G", Collier County Government Center on 11/21/2014. l L)� r'. Proarenert.Smas Dapahne t•3327 Tamiami Trail East•Naples,Florida 34112-4901 .co Nergev.netrpure arhrg RFP#15-6378 Naples Depot Club Car Restoration 3 Packet Page-663- 4/14/2015 16.D.3. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Naples Depot Museum (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase The goal of this project is to restore the Budd Tavern train car to its original 1947 condition, replacing all the 1970's themed items. The project will be funded through capital funds. The Museum department has budgeted approximately $116,000 for this project. Background The Collier County Museum operates three locations within Collier County. There are currently three historic railroad cars on exhibition in the parking lot, including the 1947 Budd Tavern observation car that needs major restoration work. The 1947 Budd Tavern observation car was part of a six-car series of tavern-lounge cars (numbers 6600, 6601, 6602, 6603, 6604 and 6605) built for the Seaboard Air Line Railway and assigned to the "Silver Meteor" making daily departures from both the east and west coasts of Florida from 1947 through 1963. The train car survived multiple mergers and finally ended up as a part of Amtrak in 1970 and was retired from service in late 1970s. In 1978, the train car was purchased and donated to Southwest Florida Heritage, Inc. for display at the Naples Depot. Detailed Scope of Work The goal of this project is to restore the Budd Tavern train car to its original 1947 condition, replacing all the 1970's themed items. The project will be funded through capital funds. The successful firm will be responsible to provide (this list is not exhaustive and is intended to be illustrative in nature) the following: Mechanical &Structural: • Remove and replace all windows and gaskets (seals around windows) with new and appropriate glass • Remove and replace all water damaged window sills • Find and repair all roof and exterior body leaks • Replace all plywood floors in both the observation and tavern end of the train car. • Repair and/or replace all damage window shades RFP#15-6378 Naples Depot Club Car Restoration 4 Packet Page-664- 4/14/2015 16.D.3. • Make all refrigerated/cooling items in bar area operable Electrical: • Service and repair electrical and lighting system • Replace overhead lighting to low voltage LED- keep 110v for existing outlets • Replace light lenses in tavern end with original and repair/service light fixtures (includes bar area) • Inspect circuits for shorts or faulty wiring and repair Cosmetic Restoration: • Strip contact paper and carpet from walls • Remove ceiling egg grates in Observation end of car • Remove plywood panels in observation end of car • Replace all degraded wall panels and replace all insulation where accessible • Repaint interior and ceiling to 1947 circa color • Replace observation end floor covering with 100% nylon carpeting • Replace tavern floors with linoleum • Reupholster tavern seating • Clean stainless steel base under seating • Replace all tavern and bar tops • Research, replicate and install interior artwork • Replicate glass mirror art • Replace accordion membrane for front entryway • Acid wash exterior of stainless steel car • Provide time appropriate furniture for observation end of car- painted and upholstered Term of Contract The contract term, if an award(s) is/are made is intended to be for current needs only. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice 11/21/2014 Last Date for Receipt of Written Questions 12/10/14, 4:00PM, Naples Local Time Non-Mandatory Pre-Solicitation Meeting 12/08/14, 11:00AM, Naples Local Time Addendum Issued Resulting from Written Questions or Pre- 12/11/14 4:00PM Proposal Conference Solicitation Deadline Date and Time 12/15/14, 11:00AM, Naples Local Time Anticipated Evaluation of Submittals December 2014 Anticipated Completion of Contract Negotiations January 2015 RFP#15-6378 Naples Depot Club Car Restoration 5 Packet Page -665- 4/14/2015 16.D.3. Anticipated Board of County Commissioner's Contract January 2010 A•'royal Date Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same. and all ordinances and policies of Collier County. The Vendor further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. 1. Tab I, Cover Letter/ Management Summary (0 points) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. Include the following: • Name; • Address; • Telephone number; • FAX number; • Email address of the authorized contact person(s) concerning proposal, and • List all proposed subcontractors who may participate on the team to supplement the firm's service. 2. Tab II, Business Plan (10 points) In this tab, include: • Detailed plan of approach (including major tasks and sub-tasks). • Detailed time line for completion of the project. • Understanding and approach to train car restoration projects. 3. Tab III, Cost of Services to the County (20 points) In this tab, induce: • The projected total cost for completing the restoration of the Club Car. RFP#15-6378 Naples Depot Club Car Restoration 6 • Packet Page -666- 4/14/2015 16.D.3. • List how many calendar days (including projected hours) for which your firm will complete the project from the issuance of the Contract to the complete restoration of the train car. • List the historical cost of restoring a similar Club Car. 4. Tab IV, Company Experience and Profile (30 points) In this tab, include: • Information that documents your firm's and subcontractors' qualifications to perform the required restoration, including but not limited to abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. • Describe the various team members' successful experience in working with one another on previous projects. • Complete the following information as requested to ensure consistent scoring of proposal. Firms who do not provide the information as requested in the format below may receive zero (0) points for this criterion. Item Item Description Consultant Response 1. Identify the number of similar contracts that the firm currently has in its portfolio in Florida or the Southeastern United States. 2. Identify the number of new public/governmental • clients (with a similar scope of service) that the firm has brought into its portfolio in the past five years within the State of Florida or the Southeastern United States. 3. List the number of Train/Club Car Restorations completed in the last ten years. 4. List the number of train cars started or restored to their original condition in the last five years. 5. Identify if the firm filed bankruptcy in the past ten years. In this tab also include: • List Current Projects in the Format Identified Below: Original Final Project Number of Project Description Start Date End Date Budget Cost Change Orders 5. Tab V, Specialized Expertise of Team Members (20 points) • Description of the proposed contract team and the role to be played by each member of the team. • Attach brief resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. RFP#15-6378 Naples Depot Club Car Restoration 7 Packet Page-667- 6. Tab VI, References (10 points) 4/14/2015 16.D.3. In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total each of the vendor's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score. • The next highest vendor's number of points will be divided by the highest vendor's points which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's point score will be calculated in the same manner. • Points awarded will be extended to the whole number per Microsoft Excel. For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Vendor Name Vendor Total Reference Points Awarded Score Vendor ABC 445 20 Vendor DEF 435 19.6 Vendor GHI 425 19.1 Vendor JKL 385 17.3 Vendor MNO 385 17.3 Vendor PQR 250 11.2 Note:Sample chart reflects a 20 point reference criterion. The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 7. Tab VII, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. RFP#15-6378 Naples Depot Club Car Restoration 8 Packet Page -668- • 8. Tab VIII, Required Form Submittals 4/14/2015 16.D.3. • Attachment 2: Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement • Attachment 5: Affidavit for Claiming Status as a Local Business • Attachment 6: Immigration Affidavit Certification • Attachment 7: Vendor Substitute W-9 • Attachment 8: Insurance and Bonding Requirements • Attachment 9: Reference Questionnaire • List of Proposed Subcontractors RFP#15-6378 Naples Depot Club Car Restoration 9 Packet Page-669- 4/14/2015 16.D.3. Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. 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 noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre- proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All electronic proposals are to be submitted online via the Collier County Purchasing Department Online Bidding System www.collieroov.net/bid before 12/15/2014, Naples local time, on or before 11:00AM. The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the Procurement Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: RFP#15-6378 Naples Depot Club Car Restoration 10 Packet Page-670- 4/14/2015 16.D.3. • The tardy submission of the proposal is due to the following circumstances, wnicn may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified 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. 9. Evaluation of Proposals The County's procedure for selecting is as follows: 1. The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Strategist shall publicly post prior notice of such meeting in the lobby of the Purchasing Building. 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3)working days prior to the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. RFP#15-6378 Naples Depot Club Car Restoration 11 Packet Page-671- 4/14/2015 16.D.3. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references"pertaining to this solicitation and related proposal. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab II, Business Plan 10 Points Tab III, Cost of Services to the County 20 Points Tab IV, Company Experience and Profile 30 Points Tab V, Specialized Expertise of Team Members 20 Points Tab VI, References 10 Points Local Vendor Preference 10 Points TOTAL = � ! ` Number ofl'outfis >111©" Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion. RFP#15-6378 Naples Depot Club Car Restoration 12 Packet Page-672- 4/14/2015 16.D.3. Exhibit Ill: Collier County Purchase Order Terms and Conditions 1. Offer sold hereunder shall transfer to the This offer is subject to cancellation by the COUNTY at the time and place of COUNTY without notice if not accepted by delivery; provided that risk of loss prior VENDOR within fourteen (14) days of to actual receipt of the goods by the issuance. COUNTY nonetheless remain with VENDOR. 2. Acceptance and Confirmation b) No charges will be paid by the COUNTY This Purchase Order (including all for packing, crating or cartage unless documents attached to or referenced otherwise specifically stated in this therein) constitutes the entire agreement Purchase Order. Unless otherwise between the parties, unless otherwise provided in Purchase Order, no invoices specifically noted by the COUNTY on the shall be issued nor payments made face of this Purchase Order. Each delivery prior to delivery. Unless freight and of goods and/or services received by the other charges are itemized, any COUNTY from VENDOR shall be deemed to discount will be taken on the full amount be upon the terms and conditions contained of invoice. in this Purchase Order. c) All shipments of goods scheduled on the same day via the same route must be No additional terms may be added and consolidated. Each shipping container Purchase Order may not be changed except must be consecutively numbered and by written instrument executed by the marked to show this Purchase Order COUNTY. VENDOR is deemed to be on number. The container and Purchase notice that the COUNTY objects to any Order numbers must be indicated on bill additional or different terms and conditions of lading. Packing slips must show contained in any acknowledgment, invoice Purchase Order number and must be or other communication from VENDOR, included on each package of less than notwithstanding the COUNTY'S acceptance container load (LCL) shipments and/or or payment for any delivery of goods and/or with each car load of equipment. The services, or any similar act by VENDOR. COUNTY reserves the right to refuse or return any shipment or equipment at 3. Inspection VENDOR'S expense that is not marked All goods and/or services delivered with Purchase Order numbers. hereunder shall be received subject to the VENDOR agrees to declare to the COUNTY'S inspection and approval and carrier the value of any shipment made payment therefore shall not constitute under this Purchase Order and the full acceptance. All payments are subject to invoice value of such shipment. adjustment for shortage or rejection. All d) All invoices must contain the Purchase defective or nonconforming goods will be Order number and any other specific returned pursuant to VENDOR'S instruction information as identified on the at VENDOR'S expense. Purchase Order. Discounts of prompt payment will be computed from the date To the extent that a purchase order requires of receipt of goods or from date of a series of performances by VENDOR, the receipt of invoices, whichever is later. COUNTY prospectively reserves the right to Payment will be made upon receipt of a cancel the entire remainder of the Purchase proper invoice and in compliance with Order if goods and/or services provided Chapter 218, Fla. Stats., otherwise early in the term of the Purchase Order are known as the "Local Government non-conforming or otherwise rejected by the Prompt Payment Act," and, pursuant to COUNTY. the Board of County Commissioners 4. Shipping and Invoices Purchasing Policy. a) All goods are FOB destination and must be suitably packed and prepared to 5. Time Is Of the Essence secure the lowest transportation rates Time for delivery of goods or performance of and to comply with all carrier services under this Purchase Order is of the regulations. Risk of loss of any goods essence. Failure of VENDOR to meet RFP#15-6378 Naples Depot Club Car Restoration 13 Packet Page-673- 4/14/2015 16.D.3. delivery schedules or deliver within a Labor Standards Act, as well as any law or reasonable time, as interpreted by the regulation noted on the face of the Purchase COUNTY in its sole judgment, shall entitle Order. the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to 9. Advertising reimburse the COUNTY for any expenses No VENDOR providing goods and services incurred in enforcing its rights. VENDOR to the COUNTY shall advertise the fact that further agrees that undiscovered delivery of it has contracted with the COUNTY for nonconforming goods and/or services is not goods and/or services, or appropriate or a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other upon further compliance with all identifying marks or property without the specifications. prior written consent of the COUNTY'S Purchasing Department. 6. Changes The COUNTY may at any time and by written notice make changes to drawings 10. Indemnification and specifications, shipping instructions, VENDOR shall indemnify and hold harmless quantities and delivery schedules within the the COUNTY from any and all claims, general scope of this Purchase Order. including claims of negligence, costs and Should any such change increase or expenses, including but not limited to decrease the cost of, or the time required for attorneys' fees, arising from, caused by or performance of the Purchase Order, an related to the injury or death of any person equitable adjustment in the price and/or (including but not limited to employees and delivery schedule will be negotiated by the agents of VENDOR in the performance of COUNTY and VENDOR. Notwithstanding their duties or otherwise), or damage to the foregoing, VENDOR has an affirmative property (including property of the COUNTY obligation to give notice if the changes will or other persons), which arise out of or are decrease costs. Any claims for adjustment incident to the goods and/or services to be by VENDOR must be made within thirty (30) provided hereunder. days from the date the change is ordered or within such additional period of time as may 11. Warranty of Non-Infringement be agreed upon by the parties. VENDOR represents and warrants that all goods sold or services performed under this 7. Warranties Purchase Order are: a) in compliance with VENDOR expressly warrants that the goods applicable laws; b) do not infringe any and/or services covered by this Purchase patent, trademark, copyright or trade secret; Order will conform to the specifications, and c) do not constitute unfair competition. drawings, samples or other descriptions furnished or specified by the COUNTY, and VENDOR shall indemnify and hold harmless will be of satisfactory material and quality the COUNTY from and against any and all production, free from defects and sufficient claims, including claims of negligence, costs for the purpose intended. Goods shall be and expense, including but not limited to delivered free from any security interest or attorneys' fees, which arise from any claim, other lien, encumbrance or claim of any third suit or proceeding alleging that the party. These warranties shall survive COUNTY'S use of the goods and/or inspection, acceptance, passage of title and services provided under this Purchase Order payment by the COUNTY. are inconsistent with VENDOR'S representations and warranties in section 11 8. Statutory Conformity (a). Goods and services provided pursuant to this Purchase Order, and their production If any claim which arises from VENDOR'S and transportation shall conform to all breach of section 11 (a) has occurred, or is applicable laws, including but not limited to likely to occur, VENDOR may, at the the Occupational Health and Safety Act, the COUNTY'S option, procure for the COUNTY Federal Transportation Act and the Fair the right to continue using the goods or RFP#15-6378 Naples Depot Club Car Restoration 14 Packet Page-674- 4/14/2015 16.D.3. services, or replace or modify the goods or or threatens to delay timely performance of services so that they become non-infringing, this Purchase Order, VENDOR shall (without any material degradation in immediately give notice thereof, including all performance, quality, functionality or relevant information with respects to what additional cost to the COUNTY). steps VENDOR is taking to complete delivery of the goods and/or services to the 12. Insurance Requirements COUNTY. The VENDOR, at its sole expense, shall provide commercial insurance of such type 15. Assignment and with such terms and limits as may be VENDOR may not assign this Purchase reasonably associated with the Purchase Order, nor any money due or to become due Order. Providing and maintaining adequate without the prior written consent of the insurance coverage is a material obligation COUNTY. Any assignment made without of the VENDOR. All insurance policies shall such consent shall be deemed void. be executed through insurers authorized or eligible to write policies in the State of 16. Taxes Florida. Goods and services procured subject to this Purchase Order are exempt from Florida 13. Compliance with Laws sales and use tax on real property, transient In fulfilling the terms of this Purchase Order, rental property rented, tangible personal VENDOR agrees that it will comply with all purchased or rented, or services purchased federal, state, and local laws, rules, codes, (Florida Statutes, Chapter 212), and from and ordinances that are applicable to the federal excise tax. conduct of its business. By way of non- exhaustive example, this shall include the 17. Annual Appropriations American with Disabilities Act and all The COUNTY'S performance and obligation prohibitions against discrimination on the to pay under this Purchase Order shall be n basis of race, religion, sex creed, national contingent upon an annual appropriation of origin, handicap, marital status, or veterans' funds. status. Further, VENDOR acknowledges and without exception or stipulation shall be 18. Termination fully responsible for complying with the This Purchase Order may be terminated at provisions of the Immigration Reform and any time by the COUNTY upon 30 days Control Act of 1986 as located at 8 U.S.C. prior written notice to the VENDOR. This 1324, et seq. and regulations relating Purchase Order may be terminated thereto, as either may be amended. Failure immediately by the COUNTY for breach by by the awarded firm(s) to comply with the VENDOR of the terms and conditions of this laws referenced herein shall constitute a Purchase Order, provided that COUNTY has breach of the award agreement and the provided VENDOR with notice of such County shall have the discretion to breach and VENDOR has failed to cure unilaterally terminate said agreement within 10 days of receipt of such notice. immediately. Any breach of this provision may be regarded by the COUNTY as a 19. General material and substantial breach of the a) This Purchase Order shall be governed contract arising from this Purchase Order. by the laws of the State of Florida. The venue for any action brought to 14. Force Majeure specifically enforce any of the terms and Neither the COUNTY nor VENDOR shall be conditions of this Purchase Order shall responsible for any delay or failure in be the Twentieth Judicial Circuit in and performance resulting from any cause for Collier County, Florida beyond their control, including, but without b) Failure of the COUNTY to act limitation to war, strikes, civil disturbances immediately in response to a breach of and acts of nature. When VENDOR has this Purchase Order by VENDOR shall knowledge of any actual or potential force not constitute a waiver of breach. majeure or other conditions which will delay Waiver of the COUNTY by any default RFP#15-6378 Naples Depot Club Car Restoration 15 Packet Page-675- 4/14/2015 16.D.3. by VENDOR hereunder shall not be 112.061, Per Diem and Travel deemed a waiver of any subsequent Expenses for Public Officers, employees default by VENDOR. and authorized persons. c) All notices under this Purchase Order e) In the event of any conflict between or shall be sent to the respective among the terms of any Contract addresses on the face page by certified Documents related to this Purchase mail, return receipt requested, by Order, the terms of the Contract overnight courier service, or by personal Documents shall take precedence over delivery and will be deemed effective the terms of the Purchase Order. To the upon receipt. Postage, delivery and extent any terms and /or conditions of other charges shall be paid by the this Purchase Order duplicate or overlap sender. A party may change its address the Terms and Conditions of the for notice by written notice complying Contract Documents, the provisions of with the requirements of this section. the Terms and/or Conditions that are d) The Vendor agrees to reimbursement of most favorable to the County and/or any travel expenses that may be provide the greatest protection to the associated with this Purchase Order in County shall govern. accordance with Florida Statute Chapter RFP#15-6378 Naples Depot Club Car Restoration 16 Packet Page-676- 4/14/2015 16.D.3. Exhibit IV: Additional Terms and Conditions for RFP 1. 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 the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. 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 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. 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 attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor RFP#15-6378 Naples Depot Club Car Restoration 17 Packet Page-677- 4/14/2015 16.D.3. hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to me Tull 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. 2. 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. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 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. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. 6. Vendor Performance Evaluation The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 7. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. RFP#15-6378 Naples Depot Club Car Restoration 18 Packet Page-678- 4/14/2015 16.D.3. The County reserves the right to include in any contract document such terms and conaltions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. The County's project manager, shall coordinate with the Vendor/Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 8. 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 • 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 RFP#15-6378 Naples Depot Club Car Restoration 19 • Packet Page-679- 4/14/2015 16.D.3. non-payment under the legal doctrine of "laches" as untimely submitted. Time sham oe ueemea or the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 9. 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. 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. 10. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be . grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. 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. 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 RFP#15-6378 Naples Depot Club Car Restoration 20 Packet Page-680- regarding required occupational licenses, please contact the Tax Collector's Office at k.3 4/14/20oz- 16.D.3. 2477. 11. Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 12. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 13. Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 14. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 15. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 16. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm RFP#15-6378 Naples Depot Club Car Restoration • 21 Packet Page-681- 4/14/2015 16.D.3. cannot provide the document within the referenced timeframe, the County reserves the right to awara to another firm. 17. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 18. Survivability The Consultant/ContractorNendor agrees that any Work Order/Purchase Order that extends beyond the expiration date of Solicitation# 15-6378 resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order/Purchase Order. 19. Protest Procedures Any prospective vendor/proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 20. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or 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 following the date of being placed on the convicted vendor list. RFP#15-6378 Naples Depot Club Car Restoration 22 Packet Page -682- 4/14/2015 16.D.3. 21. Security and Background Checks If required, Vendor/Contractor/Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. 22. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 23. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 24. 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 Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/vendor's proposal may be deemed non-responsive. RFP#15-6378 Naples Depot Club Car Restoration 23 Packet Page-683- 4/14/2015 16.D.3. 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. 25. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non- permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Under this solicitation proposers desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business.Any proposer who fails to submit sufficient documentation with their proposal offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. For all purchases of commodities and services procured through a competitive proposal process and not otherwise exempt from this local preference section, the solicitation shall include a weighted criterion for local preference that equals 10 percent of the total points in the evaluation criteria published in the solicitation. Purchases of professional services as defined and identified under subsection 11B.2 (which are subject to Section 287.055, F.S.) and subsection 11B.3 (which are subject to Section 11.45, F.S.) shall not be subject to this local preference section. RFP#15-6378 Naples Depot Club Car Restoration 24 Packet Page-684- The vendor must complete and submit with their proposal response the Affidavit for Ciair4/14/2015 wiu 16.D.3. 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 proposal 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 proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. RFP#15-6378 Naples Depot Club Car Restoration 25 Packet Page-685- 4/14/2015 16.D.3. Colter County Administrative Services Division Procurement Services Attachment 1: 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 for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to Solicitation # 15-6378 Naples Depot Museum 1947 Budd Tavern Train Car Restoration for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable (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): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date RFP#15-6378 Naples Depot Club Car Restoration 26 Packet Page-686- 4/14/2015 16.D.3. Coder County Administrative Services Division Procurement Services Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The bid must be received electronically only no later than 12/15/2014 @ 11:00AM. (Otherwise bid cannot be considered.) Name of Firm: Address: City, State, Zip: ^ Telephone: Email: Representative Signature: Representative Name: Date RFP#15-6378 Naples Depot Club Car Restoration 27 Packet Page-687- 4/14/2015 16.D.3. Colter County Administrative Services Division Procurement Services Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best.of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this day of 20 by , who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires RFP#15-6378 Naples Depot Club Car Restoration 28 Packet Page-688- 4/14/2015 16.D.3. Colter county Administrative Services Division Procurement Services Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation# 15-6378 Naples Depot Museum 1947 Budd Tavern Train Car Restoration Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by Solicitation # 15-6378 Naples Depot Museum 1947 Budd Tavern Train Car Restoration. (Proposal Continued on Next Page) RFP#15-6378 Naples Depot Club Car Restoration 29 Packet Page-689- • 4/14/2015 16.D.3. PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20 in the County of , in the State of Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number: Federal Tax Identification Number CCR#or CAGE Code Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State,ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email RFP#15-6378 Naples Depot Club Car Restoration 30 Packet Page-690- 4/14/2015 16.D.3. Coder County Administrative Services Division Procurement Services Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation #15-6378 Naples Depot Museum 1947 Budd Tavern Train Car Restoration (Check Appropriate Boxes Below) State of Florida(Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a"local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Vendor must complete the following information: Year Business Established in ECollier 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: Collier or Lee County Address: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) RFP#15-6378 Naples Depot Club Car Restoration 31• Packet Page-691- 4/14/2015 16.D.3. Coder County ', Administrative Services Division Procurement Services Attachment 6: Immigration Affidavit Certification Solicitation # 15-6378 Naples Depot Museum 1947 Budd Tavern Train Car Restoration This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals(RFP) submittals. Further, Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verifv program. may deem the Vendor/ Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name �. Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20_, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. RFP#15-6378 Naples Depot Club Car Restoration 32 Packet Page-692- 4/14/2015 16.D.3. CO#787 County Administrative Services Division Procurement Services Attachment 7: 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 RFP#15-6378 Naples Depot Club Car Restoration 33 Packet Page-693- 4/14/2015 16.D.3. Co ,er Co ,.ty Administrative Services Division Procurement Services Attachment 8: Insurance and Bonding Requirements insurance/Bond Type =Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $500.000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant 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 $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence El Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate Packet Page-694- • $2,000,000 per claim and in the aggregate 4/14/2015 16.D.3. ❑Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders'surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. LJB 11/18/2014 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number RFP#15-6378 Naples Depot Club Car Restoration 35 • Packet Page-695- 4/14/2015 16.D.3. Coder County Administrative Services Division Procurement Services Attachment 9: Reference Questionnaire Solicitation:#15-6378 Naples Depot Club Car Restoration Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored"0." Project Description: Completion Date: Project Budget: Project Number of Days: Change Orders-Dollars Added : Change Orders- Days Added: Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents,final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future(customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By RFP#15-6378 Naples Depot Club Car Restoration 36 Packet Page-696- 4/14/2015 16.D.3. AGREEMENT15-6378 for Naples Depot Museum 1947 Budd Tavern Train Car Restoration THIS AGREEMENT is made and entered into this c2O f"f day of / t, y �/ � e &: , 2015, 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 Shadow Transit Service, Inc., a corporation authorized to do business in the State of Florida, whose business address is 9111 NW 19th Street, Pembroke Pines, Florida 33024 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT. The Agreement shall be for a one (1) year period, commencing upon the issuance of a Notice to Proceed, and terminating after one (1) year, or until such time as all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The Contractor shall commence the Work upon the issuance of a Notice to Proceed. 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 Restoration Services for the Naples Depot Museum 1947 Budd Tavern Train Car in accordance with the terms and conditions of RFP #15-6378 and Exhibit A, Scope of Work, hereby attached and incorporated by reference 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 Designee, in compliance with the County Purchasing Ordinance and Procedures in effect at the time such services are authorized. 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement upon completion of the Work as accepted and approved by the County Project Manager or Designee, pursuant to the fee schedule as set forth in Exhibit "B", attached herein and incorporated by reference. 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: • Packet Page-697- 4/14/2015 16.D.3. Shadow Transit Service, Inc. 9111 NW 19th Street Pembroke Pines, Florida 33024 Phone: 954-661-0165 Attn: Donald A. Whatley, President 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 Procurement Services Department 3327 East Tamiami Trail Naples, Florida 34112 Attention: Joanne Markiewicz Director, Procurement Services Phone: 239-252-8407 Fax: 239-252-6480 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. Owner will not be obligated to pay for any permits obtained by Subcontractors. 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 Packet Page-698- 4/14/2015 16.D.3. 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 the 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. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Single Limit Per Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$500,000 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. 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. 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 G;) Packet Page-699- 4/14/2015 16.D.3. 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) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) 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 Ordinance and Purchasing Procedures. 16. COMPLIANCE WITH LAWS. The 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 Packet Page-700- 4/14/2015 16.D.3. Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements in F.S. § 119.0701(2 (a) — (d) and (3) as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the.information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. The County, or any duly authorized agents or representatives of County, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 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. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal (RFP), the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. Packet Page-701- 4/14/2015 16.D.3. 20. 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. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21. 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. 22. 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. 23. 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. 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 Packet Page-702- 0 4/14/2015 16.D.3. 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. 24. 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. 25. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Naples Depot Museum. 26. 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: Exhibit A — Scope of Work, Exhibit B — Price Schedule, Contractor's Proposal, Insurance Certificate(s), RFP #15-6378 any addenda, etc, made or issued pursuant to this Agreement. 27. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III,.Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including 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. 28. 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. 29. 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. ,0. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible Packet Page -703- _ r 4/14/2015 16.D.3. for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the 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. 31. 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. 32. 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. 33. 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. 34. 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. 35. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 36. 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. Packet Page -704- 4/14/2015 16.D.3. 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. 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. Packet Page -705- 4/14/2015 16.D.3. 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: Tim Nance, Chairman Dated: (Seal) Shadow Transit Service, Inc. Contracto '� 41.4.,./," AY/44, By: X.I 1-,/ FirstWitness C_..-----" Signature 4b -A. r 44I D v„.1,,z) il, �1J -T )'' Type/Print Witness Name Typed Signature a/-_—:--- 76--c.--4---- ./---,Pes:3 c:.4,--/-/6": ,/,/11(rolifele ,■••■ '` Second Witness Title Type/Print Witness Name proved as to Form and Legality: ssistant County Attorney eiDe--. Packet Page-706- 4/14/2015 16.D.3. Exhibit A Scope of Work The Contractor shall restore the 1947 Budd Tavern observation car that was part of a six-car series of tavern-lounge cars built for the Seaboard Air Line Railway to its original 1947 condition by incorporating original production looks with contemporary, modern technology without compromising the historical accuracy of the car. The Contractor shall perform Work for this Project, including but not limited to the following: 1. Remove and replace all windows and gaskets. 2. Chase all roof leaks and repair as needed. 3. Replace A/C units and upgrade system. 4. Replace rotten plywood floors in car. 5. Replace all water damaged window sills. 6. Repair/Replace all damaged window shades. 7. Strip contact paper and carpet from walls. 8. Remove ceiling egg grates in Observation end of car. 9. Remove wall panels in Observation end. 10.Replace all degraded wall panels and replace all insulation where accessible. 11.Repaint interior of car circa 1947 including ceiling. 12.Replace floor covering with 100% nylon carpeting in Observation Lounge and Linoleum in the Tavern end. 13.Replace light lenses in Tavern end with original and repair/service light fixtures. 14.Service/repair electrical/lighting system. 15.Re-upholster Tavern seating consistent with the 1947 original seating. 16.Replace Tavern section table tops. 17.Acid wash car exterior. 18.Replace car end diaphragm bellows. 19.Purchase and install 12 ea. Lounge chairs. 20.Purchase and install window side curtains for Observation and Tavern sections. 21.Build and install historically accurate desk in Observation Lounge against bulkhead. 22.Have mirrors behind bar etched with proper period design. 23.Service and install components for electro-mechanical refrigeration in bar area. 24.Research, replicate, and install interior artwork as found in original 1947 construction. Packet Page -707- 4/14/2015 16.D.3. Exhibit B Price Schedule DESCRIPTION LUMP SUM FEE 1. Remove and replace all windows and gaskets. $9,800.00 2. Chase all roof leaks and repair as needed. $2,100.00 3. Replace A/C units and upgrade system. $8,400.00 4. Replace rotten plywood floors in car. $5,800.00 5. Replace all water damaged window sills. $5,800.00 6. Repair/Replace all damaged window shades. $5,500.00 7. Strip contact paper and carpet from walls. $4,300.00 8. Remove ceiling egg grates in Observation end of $2,600.00 car. 9. Remove wall panels in Observation end. $2,600.00 10.Replace all degraded wall panels and replace all insulation where accessible. $5,200.00 11.Repaint interior of car circa 1947 including ceiling. $7,100.00 12.Replace floor covering with 100% nylon carpeting in Observation Lounge and Linoleum in the $7,900.00 Tavern end. 13.Replace light lenses in Tavern end with original $10,600.00 and repair/service light fixtures. 14.Service/repair electrical/lighting system. $2,100.00 15.Re-upholster Tavern seating consistent with the $7,500.00 1947 original seating. 16.Replace Tavern section table tops. $3,600.00 17.Acid wash car exterior. $700.00 18.Replace car end diaphragm bellows. $1,450.00 19.Purchase and install 12 ea. Lounge chairs. $9,200.00 20.Purchase and install window side curtains for $2,300.00 Observation and Tavern sections. 21.Build and install historically accurate desk in $3,350.00 Observation Lounge against bulkhead. 22.Have mirrors behind bar etched with proper period $700.00 design. 23.Service and install components for electro- $1,850.00 mechanical refrigeration in bar area. 24. Research, replicate, and install interior artwork as $12,000.00 found in original 1947 construction. Lump Sum Total $122,450.00 Packet Page-708-