The URL can be used to link to this page

Agenda 02/11/2014 Item #16E4 2/11/2014 16.E.4. EXECUTIVE SUMMARY Recommendation to approve the Assumption Agreement of Bid #10-5513 "Sublet/Parts Bid for Collier County" for Fleet Management services, repair parts, accessories, and end items from Florida Detroit Diesel-Allison, Inc. to Stewart & Stevenson FDDA, LLC. OBJECTIVE: To complete the assignment of Bid #10-5513 from the original party, Florida Detroit Diesel-Allison, Inc. ("FDDA") to Stewart & Stevenson FDDA LLC, a wholly owned subsidiary of Stewart & Stevenson LLC ("S&S"). CONSIDERATIONS: The original bid with FDDA was approved by the Board of County Commissioners on September 28, 2010 as Agenda Item 16.E.4. Multiple vendors, including FDDA, were awarded Bid #10-5513. The Fleet Management Department utilizes the services provided under this bid. County staff was notified on November 20, 2013 that FDDA was contemplating entering into an asset purchase agreement with S&S. Subsequently, on January 6, 2014 County staff was given notice that S&S had purchased substantially all of the assets of FDDA, including its commercial contracts, and gave written authorization for one of its members to execute any necessary documents to complete the assignment. Following the Procurement Administration Procedures, staff has acquired the necessary documents from S&S which have been reviewed and approved by the County Attorney's staff. The Fleet Management Department is recommending approval of the assumption of this bid by the new vendor S&S. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—ERP RECOMMENDATION: That the Board of County Commissioners approves the Assumption Agreement of Bid #10-5513 from Florida Detroit Diesel-Allison, Inc. to Stewart & Stevenson FDDA LLC, and authorizes the Chairman to sign the Assumption Agreement upon County Attorney review. PREPARED BY: Diana De Leon, CPPB, Contracts Technician, Purchasing Department Attachments: Assumption Agreement Exhibit A Letter from FDDA dated November 25, 2013 Written Consent of the Sole Member dated January 6, 2014 Packet Page-736- 2/11/2014 16.E.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.4. Item Summary: Recommendation to approve the Assumption Agreement of Bid#10-5513 "Sublet/Parts Bid for Collier County"for Fleet Management services, repair parts, accessories, and end items from Florida Detroit Diesel-Allison, Inc. to Stewart & Stevenson FDDA, LLC. Meeting Date: 2/11/2014 Prepared By Name: DeLeonDiana Title: Contracts Technician,Purchasing 1/17/2014 3:00:23 PM Submitted by Title: Contracts Technician,Purchasing Name: DeLeonDiana 1/17/2014 3:00:25 PM Approved By Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 1/17/2014 3:56:30 PM Name: DeLeonDiana Title: Contracts Technician,Purchasing Date: 1/17/2014 4:41:49 PM Name: HerreraSandra Title: Legal Assistant/Paralegal,County Attorney Date: 1/21/2014 9:20:54 AM Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 1/22/2014 7:38:13 AM Packet Page-737- 2/11/2014 16.E.4. Name: PriceLen Title: Administrator, Administrative Services Date: 1/27/2014 3:39:02 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 1/30/2014 3:44:40 PM Name: PryorCheryl Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 1/31/2014 10:01:01 AM Name: KlatzkowJeff Title: County Attorney, Date: 1/31/2014 1:51:02 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 2/4/2014 10:40:21 AM Packet Page-738- 2/11/2014 16.E.4. • ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of January 27 ,2014 by and between Stewart & Stevenson FDDA LLC ("S&S") and Collier County, a political subdivision of the State of Florida ("County"). WHEREAS, on September 28, 2010 the Collier County Board of County Commissioners awarded Bid #10-5513 for "Sublet/Parts Bid for Collier County" to Florida Detroit Diesel- Allison, Inc. ("FDDA"), a copy of which is attached hereto as "Exhibit A", and hereinafter referred to as "Agreement"; and WHEREAS, on May 30, 2012, the Agreement was extended for an additional two years under the same terms and conditions with a termination date of September 27,2014; and WHEREAS, S&S hereby represents to Collier County that by virtue of an asset purchase agreement, S&S is the successor in interest to FDDA in relation to the Agreement; and WHEREAS, the parties wish to formalize S&S's assumption of rights and obligations under the Agreement effective as of the date first above written, NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, it is agreed as follows: 1. S&S accepts and assumes all rights, duties, benefits, and obligations of the Consultant under the Agreement and any extension thereto, including all existing and future obligations to pay and perform under the Agreement. 2. S&S will promptly deliver to County evidence of insurance consistent with the Agreement. 3. Further supplements to, or modifications of, the Agreement shall be approved in writing by both parties. 4. Notice required under the Agreement to be sent to Contractor shall be directed to: CONTRACTOR: Stewart& Stevenson FDDA LLC 4141 SW 30 Avenue Fort Lauderdale, FL 33312 Phone: (954)327-4482; Fax: (954)327-4509;E-mail: dma:m ffdda.com Attention: Donald F. Mann, Senior Vice President, Operations 5. The County hereby consents to S&S's assumption of the Agreement and any extensions thereto, acknowledges the Agreement as the County's binding and enforceable contract in accordance with its terms, and confirms that it has no knowledge of any breach of the Agreement by FDDA (or the occurrence of any event that with notice or the passage of time or MI-646961M I Cq Packet Page-739- 2/11/2014 16.E.4. both would constitute such a breach). No waivers of performance or additional extensions of time to perform are granted or authorized, The County will treat S&S as the Consultant/Contractor for all purposes under the Agreement. IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. COLLIER COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Torn Henning, Chairman Date: Stewart&Stevenson FDDA LLC By f0714-le, ( ;,t�- Attest: �''i ..- :r Donald F. Mann/Senior Vice President, Operations Alice C. Sabin/Executive Assistant Type/print name Type/print name Approved as to form and legality: B Assistant County Attorney DLI-64696 IAv2 2 Cq Packet Page-740- 2/11/2014 16.E.4. Composite Exhibit "A" Agenda Item No. 16E4 September 28,2010 Page 1 of 33 EXECUTIVE SUMMARY Recommendation to award Bid#10-5513 - "SubletlParts Bid for Collier County" to multiple vendors for Fleet Management services, repair parts, accessorie$, and end items with total expenditures estimated at$750,000 annually. OBJECTIVE: To facilitate continuous availability of County vehicles and equipment for public services during normal operations and during emergency conditions. CONSIDERATIONS: The Collier County Fleet Management Department maintains over 2700 County vehicles and equipment items manufactured by over 100 different companies. A number of contracts are in place to handle the Majority of procurement and outsourcing requirements to maintain and support this equipment. One of those contracts is the Sublet/Parts agreement with multiple vendors to meet frequent needs for services, parts, accessories, or end items that can come only from regional factory authorized dealerships or from providers of specialty services that are beyond tlile capabilities, scope, or efficiencies of the Fleet Management Department, The current contract+expires on September 30, 2010. A bid request was posted by the Purchasing Department on May 21, 2010, and bid notices were forwarded to 355 vendors, with 129 of those vendors requesting bid packages. Thirty-six (36) bid responses were received as of the June 22, 2010, bid opening date. Of the 36 bids, 28 vendors were sole bidders for particular services or products. Some of the same 28 vendors plus other vendors submitted proposals for like services or products that were competitive. All products and services bid by all vendors are needed by Fleet Management to maintain and support County vehicles and equipment. Award is recommended to all vendors. A proposed vendor award sheet is attached This contract allows for future additions of vendors for seriices and/or goods for which no responses were received. Fleet Management and Purchasing will endeavor to identify and acquire vendors for these services and products and add the vendors to this contract once approved by the Fleet Management Director or his representative. FISCAL IMPACT: Funds for Fleet Management service requirements are budgeted annually in the Fleet Management Fund 521 operating budget. Total expenditures under this contract are estimated at $750,000 annually. GROWTH MANAGEMENT IMPACT: No growth management impact is involved. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is legally sufficient. -JBW RECOMMENDATION: That the Board approves award of Bid 10-5513 - 'Sublet/Parts Bid for Collier County"to multiple vendors per the provisions istated in the considerations. PREPARED BY: Dan Croft, Director, Fleet Management Department Packet Pare-741- 2/11/2014 16.E.4. Co ler County Email: @colliergov.net Telephone: (239) 252-6098 Adnrnistratk+e Service Division FAX: (239) 252-6596 Purchasing ADDENDUM #1 Memorandum Date: May 26, 2010 From: Jack Curran, Purchasing Agent To: Interested Bidders Subject: Addendum # 1 Solicitation #and Title ITB 10-5513-- "Sublet/Parts Bid for Collier County" The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: Delete: Bid Schedule with original package dated May 21, 2010 Replace: Attached Bid schedule revised version must be used by all bidders. DELETE: Page 5: Paragraph Labeled DELIVERY: ADD: Page 5: Add/Replace paragraph below: DELIVERY County stock orders shall be delivered by the vendor within forty-eight (48) hours after being ordered by the County, between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday with the exception of County-observed holidays. Non-stock orders shall be delivered within twenty-four (24) hours of order. Emergency parts orders shall be delivered within three (3) hours of order. The County shall determine when an emergency condition exists and shall notify the vendor of such. Special order parts shall be delivered within twenty-four (24) hours of order time. The vendor may charge the County additional freight charges for overnight delivery requirements. No freight charges shall be more than that billed to the vendor. The vendor shall not establish minimum order criteria as a delivery condition. Delivery locations will be the Collier County Government Fleet Management Department parts rooms located at 2901 County Barn Road, Naples, Florida 34112; 4800 Davis Boulevard, Naples, Florida 34104; and 8300 Radio Road, Naples, Florida 34104. Additional delivery times and locations will be identified by other governmental entities if they purchase from this contract. When stated delivery times cannot be met, the vendor shall notify the Fleet Management Department (or other buyer) immediately. No fuel AddendumTemplate Revised:4/15/10 1 Packet Page-742- 2/11/2014 16.E.4. charges shall be added for delivery. The cost of fuel shall be figured into the bid submission. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Dan Croft, Fleet Lynn Evans, Fleet Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) Packet Page-743- 2/11/2014 16.E.4. Goiter County Administrative Seivie s Division Purchasing INVITATION TO BID Date: May 21, 2010 From: Jack Curran, Purchasing Agent 239-252-6098 (Telephone) 239-252-6596 (FAX) JohnCurran @colliergov.net (Email) To: Prospective Vendors Subject: ITB# 10-5513—"Sublet/Parts Bid for Collier County" As requested by the Fleet Management Department, the Collier County Board of County Commissioners Purchasing Department has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Public Notice included in this document for the opening date and time and any applicable pre-ITB conference. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department E-Procurement website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. We look forward to your participation in Collier County's competitive procurement process. cc: Dan Croft, Fleet Management Director Purchasing Dep rent•3301 Tamiarini Trail East•Naples,Florida 34112•www.cotl ergay.nettpurchasing ITB#10-5513-"Sublet/Parts Bid for Collier County" 1 ITB Template_04152010 Packet Page-744- 2/11/2014 16.E.4. Invitation to Bid Index Public Notice 3 Exhibit I: Scope of Work, Specifications and Response Format 4 Exhibit II: General Bid Instructions 7 Exhibit III: Standard Purchase Order Terms and Conditions 14 Exhibit IV: Additional ITB Terms and Conditions 17 Attachment 1: Vendor Submittal - Vendor's Check List 24 Attachment 2: Vendor Submittal - Bid Response Form 25 Attachment 3: Vendor Submittal - Insurance and Bonding Requirements 27 Attachment 4: Vendor Submittal - Local Vendor Preference Affidavit ..Error! Bookmark not defined. Attachment 5: Vendor Submittal - Immigration Affidavit 30 Attachment 6: Vendor Submittal - Vendor's Non-Response Statement 31 ITB#10-5513-"Sublet/Parts Bid for Collier County" 2 ITB Template_04152010 Packet Page-745- 2/11/2014 16.E.4. Public Notice Sealed bid responses for ITB#10-5513, "Sublet/Parts Bid for Collier County, will be received manually only at the Collier County Purchasing Department Director's Office, 3301 Tamiami Trail East, Building "G", Naples, Florida 34112 until 2:30p.m. Collier County local time on June 22, 2010. Solicitation responses received after the stated time and date will not be accepted. ITB # 10-5513 "Sublet/Parts Bid for Collier County" No pre-bid conference will be held for this solicitation All questions regarding this ITB must be submitted online on the Collier County Purchasing Department E-Procurement website: www.collieroov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response form included and only available for download from the Collier County Purchasing Department E-Procurement website noted herein. ITB Documents obtained from sources other than Collier County Purchasing may not be accurate or current. Collier County encourages vendors to utilize recycled paper on all manual bid response submittals. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/Steve Carnell Steve Carnell, C.P.M. Purchasing/General Services Director Publicly posted on the Collier County Purchasing Department website: www.collieroov.net/ourchasing and in the lobby of the Purchasing Building on May 21, 2010. ITB#10-5513-"Sublet/Parts Bid for Collier County" 3 ITB Template_04152010 Packet Page-746- 2/11/2014 16.E.4. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Fleet Management Department (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB")with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and Specifications stated herein. 1. Brief Description of Purchase These specifications are intended to provide information by which prospective bidders may understand the requirements relative to furnishing maintenance/repair services and parts, accessories, and end items necessary to meet the vehicle and equipment operating requirements of Collier County Government 2. Background The Collier County Fleet Management Department may require out-sourced services to maintain and/or repair County vehicles and equipment including labor, diagnostics, and purchases of repair parts, accessories, and other items. Collier County has a diverse assortment of vehicles and equipment that on occasion require service/repair and/or parts or accessories that can only come from regional factory authorized dealerships or specialty services that are beyond the capabilities, scope, or efficiencies of the Fleet Management Department. On these occasions, prearranged service agreements are needed to expedite repairs and lessen equipment downtime. The purpose of this solicitation is to acquire agreements from select vendors to furnish the stated services. 3. Detailed Scope of Work For purchases estimated to be less than $50,000 per order: the department may select one of the awarded vendor(s) within a Group/Category/Brand Name, quote out the work among all awarded vendor(s), or competitively solicit for new quotes. For purchases estimated to be greater than $50,000 per order and less than $100,000 per order Group/Category/Brand Name: the department may quote out work among the awarded vendor(s), or, may conduct a separate new solicitation. PRODUCT QUALITY All parts provided to the County under this agreement shall meet or exceed Original Equipment Manufacturer(OEM) specifications. All services and repairs shall be to OEM specifications. CORE CHARGES When applicable, separate core charges are permissible and shall be a separate line item on the invoice. When a core is provided to the vendor by the County, a separate credit memo will be issued by the vendor. ITB#10-5513-"Sublet/Parts Bid for Collier County" 4 ITB Template_04152010 Packet Page-747- 2/11/2014 16.E.4. DELIVERY County stock orders shall be delivered by the vendor within forty-eight (48) hours after being ordered by the County, between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday with the exception of County-observed holidays. Non-stock orders shall be delivered within twenty-four (24) hours of order. Emergency parts orders shall be delivered within three (3) hours of order. The County shall determine when an emergency condition exists and shall notify the vendor of such. Special order parts shall be delivered within twenty-four (24) hours of order time. The vendor may charge the County additional freight charges for overnight delivery requirements. No freight charges shall be more than that billed to the vendor. The vendor shall not establish minimum order criteria as a delivery condition. Delivery locations will be the Collier County Government Fleet Management Department parts rooms located at 2901 County Barn Road, Naples, Florida 34112; 4800 Davis Boulevard, Naples, Florida 34104; and 8300 Radio Road, Naples, Florida 34104. Additional delivery times and locations will be identified by other governmental entities if they purchase from this contract. When stated delivery times cannot be met, the vendor shall notify the Fleet Management Department (or other buyer) immediately. No fuel charges shall be added for delivery. The cost of fuel shall be figured into the bid submission. RETURNS Parts or other supply items provided under this contract found to be of inferior quality, defective, or damaged in transit shall be replaced at the expense of the vendor. Parts or other supply items ordered in error and unused by the County shall be returned to the vendor and the vendor shall refund/credit the original purchase price to the County. The County may pay transportation/shipping fees as a result of erroneous orders equal to the amount paid by the vendor. No restocking fees will be charged to the County. The County reserves the right to request return of parts and components removed by the vendor during repair or maintenance of equipment. When requested, such parts shall be bagged or wrapped in oil-resistant plastic. TERMINATION Should the Vendor be found to have failed to perform in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 4. Projected Timetable Event Date Issue Solicitation Notice May 21, 2010 Last Date for Receipt of Written Questions June 11, 2010, 10:00AM, Naples Local Time Addendum Issued Resulting from Written Questions or Pre- TBD Proposal Conference Solicitation Closing Date and Time June 22, 2010, 2:30 PM, Naples Local Time Evaluation of Submittals TBD ITB#10-5513-"Sublet/Parts Bid for Collier County" 5 ITB Template_04152010 Packet Page-748- 2/11/2014 16.E.4. Completion of Contract Negotiations TBD Board of County Commissioner's Contract Approval Date TBD 5. Response Format The response to this bid will be manual. The following information must be completed and returned in its entirety: 1. Bid Schedule in Excel format 2. Attachment 1: Vendor's Check List 3. Attachment 2: Bid Response Form 4. Attachment 3: Insurance and Bonding Requirements 5. Attachment 4: Local Vendor Preference Affidavit 6. Attachment 5: Immigration Affidavit ITB#10-5513-"Sublet/Parts Bid for Collier County" 6 ITB Template_04152010 Packet Page-749- 2/11/2014 16.E.4. Exhibit II: General Bid Instructions Purpose/Objective As requested by the Collier County departments or divisions identified in Exhibit I, the Collier County Board of County Commissioners Purchasing Department (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the "ITB", or "Bid")with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto. The successful vendor will hereinafter be referred to as the "Vendor" All bids must be submitted on the Bid form furnished by the County noted in Attachments 1, 2, 3, 4, and 5 of this ITB. No bid will be considered unless the Bid form is properly signed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted being rejected or deemed non-responsive. 2. Pricing Vendors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for a period of one hundred and eighty (180) calendar days from date of bid opening. 3. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price will be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. 4. Equal Product Manufacturer's name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, must be submitted with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless samples are delivered to specified address by bid due date. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. 5. Discounts ITB#10-5513-"Sublet/Parts Bid for Collier County" 7 ITB Template_04152010 Packet Page-750- 2/11/2014 16.E.4. Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 6. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to indicate any exceptions to the specifications shall be interpreted as the Vendor's intent to fully comply with the specifications as written. The County, at its sole discretion, shall determine if the exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for rejection of its bid proposal. 7. Addenda The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who downloaded the ITB document. Additionally, all addendums are posted on the Collier County Purchasing Department E-Procurement website: www.colliergov.net/bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 8. Bid Submission All paper bids shall be submitted to the County Purchasing Director, Collier County Government Complex, Purchasing Building "G", Naples, FL 34112, by the date and time as stated in the Legal Notice. The County assumes no responsibility for bid responses received after the due date and time, or at any office or location other than that specified herein, whether due to mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late bid responses shall be returned unopened, and shall not be considered for award. Vendors must submit two(2) paper copies with one copy clearly labeled "Master," and one (1) compact disk (CD) with one copy of the proposal on the CD (in Word or PDF version) and one copy of the Bid Schedule Excel spreadsheet. List the Solicitation Number and Title on the outside of the box or envelope. All bids sent by courier service must have the bid number and title on the outside of the courier packet. Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Purchasing Department Internet bid site. 9. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Purchasing Agent before the bid opening date. Direct questions related to this ITB only to the Collier County ITB#10-5513-"Sublet/Parts Bid for Collier County" 8 ITB Template_04152010 Packet Page-751- 2/11/2014 16.E.4. Purchasing Department Internet website: www.colliergov.net/bid. Questions will not be answered after the date noted in this ITB. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department E-Procurement website. For general questions, please call the referenced Purchasing Agent identified in the Public Notice. 10. Protests Any actual or prospective respondent to an Invitation to Bid, who has a serious and legitimate issue with the ITB shall file a written protest with the Purchasing Director prior to the opening of the bid or the due date for acceptance of bid. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the bid or the acceptance date for the Request for Proposals. 11. Award Criteria ITB award criteria is as follows: • All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. • Award shall be based upon the responses to all questions on the Bid Response Page(s). • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids/projects. • Prices will be read in public exactly as input on the electronic bid response form or written on the manually submitted Bid Response Page(s) at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper response. • The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to the award of the solicitation. o It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s) in accordance with the Method of Source Selection denoted in the terms and conditions in Exhibit II on the basis of: o ® Multiple Awardees basis, and determined by • ® Group/Category/Brand Name, • ® Fixed Discount of Manufacturers List Price/Catalog Price, or o Once an award is made, the County may purchase any item available from any of the awarded vendor's product line. The County will endeavor to purchase the lowest priced items identified on this tab sheet; however, due to fluctuating products and services, the County reserves the right to request specific product pricing at the time of the order. The County will determine if it is in the best interest to use a supplier, other than the low bidder, if there may be product or process cost savings at the time of the order. o For purchases estimated to be less than $50,000 per order: the department may select one of the awarded vendor(s), quote out the work among all awarded vendor(s), or competitively solicit for new quotes. o For purchases estimated to be greater than $50,000 per order and less than $100,000 per order: the department may quote out work among the awarded vendor(s), or, may conduct a separate new solicitation. o The contract will be in the form of a standard County Purchase Order or purchasing card. ITB#10-5513-"Sublet/Parts Bid for Collier County" 9 ITB Template_04152010 Packet Page-752- 2/11/2014 16.E.4. 12. Rejection and Waiver The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non- responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non-responsive. 13. Local Vendor Preference (LVP) The County is using the Competitive Sealed Quotation methodology of source selection for this procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution Number 2008-181 establishing and adopting the Collier County Purchasing Policy. The Collier County Board of County Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County purchases. A "local business" is defined as a business that has a valid Business Tax Receipt, formerly known as an Occupational License issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County quote or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their quote or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive non-local business submits the lowest price quote, and the quote submitted by one or more qualified and responsive local businesses is within ten percent (10%) of the price submitted by the non-local business, then the local business with the apparent lowest quote offer(i.e. the lowest local vendor) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive vendor. In such instances, staff shall first verify if the lowest non-local vendor and the lowest local vendor are in fact qualified and responsive vendors. Next, the Purchasing Department shall determine if the lowest local vendor meets the requirements of Section 287.087 F.S. If the lowest non local vendor meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local vendor to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest local vendor submits an offer that fully matches the lowest quote from the lowest non-local vendor tendered previously, then award shall be made to the local vendor. If the lowest local vendor declines or is unable to match the lowest non local quote price(s), then award will be made to the ITB#10-5513-"Sublet/Parts Bid for Collier County" 10 ITB Template_04152010 Packet Page-753- 2/11/2014 16.E.4. lowest overall qualified and responsive vendor. If the lowest local vendor does not meet the requirement of Section 287.087 F.S. and the lowest non-local vendor does, award will be made to the vendor that meets the requirements of the referenced state law. Vendor must complete and submit with its quote response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Vendor to submit this Affidavit with their quote response will preclude said Vendor from being considered for local preference under this solicitation. A Vendor who misrepresents the Local Preference status of its firm in a quote submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with any of the competing vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 14. 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 E-Verify program, 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. Exceptions to the program: • Commodity based procurement where no services are provided. • In exceptional cases, the Purchasing Department may waive the requirement. Vendors are required to enroll in the E-Verify program within thirty(30) calendar days of contract award, and use E-Verify within thirty(30) calendar days thereafter to verify employment eligibility of their employees assigned to the contract at the time of enrollment in E-Verify. Additionally, vendors shall require all subcontracted vendors to flow down the requirement to use E-Verify to subcontractors. If the vendor is already enrolled in E-Verify, they must use E-Verify within thirty (30) calendar days of contract award to verify employment eligibility of their employees assigned to the contract Following this initial period they must initiate verification of all new hires of the Vendor and of all employees newly assigned to the contract within three (3) business days of their date of hire or date of assignment to the contract. Vendors shall be required to provide the Collier County Purchasing Department an executed affidavit vowing they shall comply with the E-Verify Program for each service/project. The affidavit is attached to the solicitation documents. If the bidder/Vendor does not comply, they may be deemed non-responsive. ITB#10-5513-"Sublet/Parts Bid for Collier County" 11 ITB Template_04152010 Packet Page-754- 2/11/2014 16.E.4. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.qov/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, that 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. Failure by the awarded firm(s)to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the Purchasing Department. 16. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.orq/search.html). A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 17. General Information When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug-free workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said certification; the County will give local vendor preference. 18. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. Awards pertaining to the Collier County Airport Authority will generally be made by that agency's approval Board. Award shall be made in a manner consistent with the County's Purchasing Policy. Award recommendations will be posted outside the offices of the Purchasing Department as well as on the Collier County Purchasing Department website on Wednesdays orThursdays prior to the County Commission meetings. ITB#10-5513-"Sublet/Parts Bid for Collier County" 12 ITB Template_04152010 Packet Page-755- 2/11/2014 16.E.4. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. ITB#10-5513-"Sublet/Parts Bid for Collier County" 13 ITB Template_04152010 Packet Page-756- 2/11/2014 16.E.4. Exhibit III: Standard Purchase Order Terms and Conditions 1. Offer delivery; provided that risk of loss prior to This offer is subject to cancellation by the actual receipt of the goods by the COUNTY COUNTY without notice if not accepted by nonetheless remain with VENDOR. VENDOR within fourteen (14) days of issuance. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise 2. Acceptance and Confirmation specifically stated in this Purchase Order. This Purchase Order (including all documents Unless otherwise provided in Purchase attached to or referenced therein) constitutes Order, no invoices shall be issued nor the entire agreement between the parties, unless payments made prior to delivery. Unless otherwise specifically noted by the COUNTY on freight and other charges are itemized, any the face of this Purchase Order. Each delivery of discount will be taken on the full amount of goods and/or services received by the COUNTY invoice. from VENDOR shall be deemed to be upon the c) All shipments of goods scheduled on the terms and conditions contained in this Purchase same day via the same route must be Order. consolidated. Each shipping container must be consecutively numbered and marked to No additional terms may be added and Purchase show this Purchase Order number. The Order may not be changed except by written container and Purchase Order numbers must instrument executed by the COUNTY. VENDOR be indicated on bill of lading. Packing slips is deemed to be on notice that the COUNTY must show Purchase Order number and objects to any additional or different terms and must be included on each package of less conditions contained in any acknowledgment, than container load (LCL) shipments and/or invoice or other communication from VENDOR, with each car load of equipment. The notwithstanding the COUNTY'S acceptance or COUNTY reserves the right to refuse or payment for any delivery of goods and/or return any shipment or equipment at services, or any similar act by VENDOR. VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees 3. Inspection to declare to the carrier the value of any All goods and/or services delivered hereunder shipment made under this Purchase Order shall be received subject to the COUNTY'S and the full invoice value of such shipment. inspection and approval and payment therefore d) All invoices must contain the Purchase Order shall not constitute acceptance. All payments are number and any other specific information as subject to adjustment for shortage or rejection. identified on the Purchase Order. Discounts All defective or nonconforming goods will be of prompt payment will be computed from the returned pursuant to VENDOR'S instruction at date of receipt of goods or from date of VENDOR'S expense. receipt of invoices, whichever is later. Payment will be made upon receipt of a To the extent that a purchase order requires a proper invoice and in compliance with series of performances by VENDOR, the Chapter 218, Fla. Stats., otherwise known as COUNTY prospectively reserves the right to the "Local Government Prompt Payment cancel the entire remainder of the Purchase Act," and, pursuant to the Board of County Order if goods and/or services provided early in Commissioners Purchasing Policy. the term of the Purchase Order are non-conforming or otherwise rejected by the 5. Time Is Of the Essence COUNTY. Time for delivery of goods or performance of services under this Purchase Order is of the 4. Shipping and Invoices essence. Failure of VENDOR to meet delivery a) All goods are FOB destination and must be schedules or deliver within a reasonable time, as suitably packed and prepared to secure the interpreted by the COUNTY in its sole judgment, lowest transportation rates and to comply shall entitle the COUNTY to seek all remedies with all carrier regulations. Risk of loss of available to it at law or in equity. VENDOR any goods sold hereunder shall transfer to agrees to reimburse the COUNTY for any the COUNTY at the time and place of expenses incurred in enforcing its rights. ITB#10-5513-"Sublet/Parts Bid for Collier County" 14 ITB Template_04152010 Packet Page-757- 2/11/2014 16.E.4. VENDOR further agrees that undiscovered VENDOR shall indemnify and hold harmless the delivery of nonconforming goods and/or services COUNTY from any and all claims, including is not a waiver of the COUNTY'S right to insist claims of negligence, costs and expenses, upon further compliance with all specifications. including but not limited to attorneys'fees, arising from, caused by or related to the injury or death 6. Changes of any person (including but not limited to The COUNTY may at any time and by written employees and agents of VENDOR in the notice make changes to drawings and performance of their duties or otherwise), or specifications, shipping instructions, quantities damage to property (including property of the and delivery schedules within the general scope COUNTY or other persons), which arise out of or of this Purchase Order. Should any such change are incident to the goods and/or services to be increase or decrease the cost of, or the time provided hereunder. required for performance of the Purchase Order, an equitable adjustment in the price and/or 11. Warranty of Non-Infringement delivery schedule will be negotiated by the VENDOR represents and warrants that all goods COUNTY and VENDOR. Notwithstanding the sold or services performed under this Purchase foregoing, VENDOR has an affirmative obligation Order are: a) in compliance with applicable laws; to give notice if the changes will decrease costs. b) do not infringe any patent, trademark, Any claims for adjustment by VENDOR must be copyright or trade secret; and c) do not constitute made within thirty (30) days from the date the unfair competition. change is ordered or within such additional period of time as may be agreed upon by the VENDOR shall indemnify and hold harmless the parties. COUNTY from and against any and all claims, including claims of negligence, costs and 7: Warranties expense, including but not limited to attorneys' VENDOR expressly warrants that the goods fees, which arise from any claim, suit or and/or services covered by this Purchase Order proceeding alleging that the COUNTY'S use of will conform to the specifications, drawings, the goods and/or services provided under this samples or other descriptions furnished or Purchase Order are inconsistent with VENDOR'S specified by the COUNTY, and will be of representations and warranties in section 11 (a). satisfactory material and quality production, free from defects and sufficient for the purpose If any claim which arises from VENDOR'S breach intended. Goods shall be delivered free from any of section 11 (a) has occurred, or is likely to security interest or other lien, encumbrance or occur, VENDOR may, at the COUNTY'S option, claim of any third party. These warranties shall procure for the COUNTY the right to continue survive inspection, acceptance, passage of title using the goods or services, or replace or modify and payment by the COUNTY. the goods or services so that they become non-infringing, (without any material degradation 8. Statutory Conformity in performance, quality, functionality or additional Goods and services provided pursuant to this cost to the COUNTY). Purchase Order, and their production and transportation shall conform to all applicable 12. Insurance Requirements laws, including but not limited to the Occupational The VENDOR, at its sole expense, shall provide Health and Safety Act, the Federal commercial insurance of such type and with such Transportation Act and the Fair Labor Standards terms and limits as may be reasonably Act, as well as any law or regulation noted on the associated with the Purchase Order. Providing face of the Purchase Order. and maintaining adequate insurance coverage is a material obligation of the VENDOR. All 9. Advertising insurance policies shall be executed through No VENDOR providing goods and services to the insurers authorized or eligible to write policies in COUNTY shall advertise the fact that it has the State of Florida. contracted with the COUNTY for goods and/or services, or appropriate or make use of the 13. Compliance with Laws COUNTY'S name or other identifying marks or In fulfilling the terms of this Purchase Order, property without the prior written consent of the VENDOR agrees that it will comply with all COUNTY'S Purchasing Department. federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, 10. Indemnification this shall include the American with Disabilities Act and all prohibitions against discrimination on ITB#10-5513-"Sublet/Parts Bid for Collier County" 15 ITB Template_04152010 Packet Page-758- 2/11/2014 16.E.4. the basis of race, religion, sex creed, national This Purchase Order may be terminated at any origin, handicap, marital status, or veterans' time by the COUNTY upon 30 days prior written status. Further, VENDOR acknowledges and notice to the VENDOR. This Purchase Order without exception or stipulation shall be fully may be terminated immediately by the COUNTY responsible for complying with the provisions of for breach by VENDOR of the terms and the Immigration Reform and Control Act of 1986 conditions of this Purchase Order, provided that as located at 8 U.S.C. 1324, et seq. and COUNTY has provided VENDOR with notice of regulations relating thereto, as either may be such breach and VENDOR has failed to cure amended. Failure by the awarded firm(s) to within 10 days of receipt of such notice. comply with the laws referenced herein shall constitute a breach of the award agreement and 19. General the County shall have the discretion to a) This Purchase Order shall be governed by unilaterally terminate said agreement the laws of the State of Florida. The venue immediately. Any breach of this provision may for any action brought to specifically enforce be regarded by the COUNTY as a material and any of the terms and conditions of this substantial breach of the contract arising from Purchase Order shall be the Twentieth this Purchase Order. Judicial Circuit in and for Collier County, Florida 14. Force Majeure b) Failure of the COUNTY to act immediately in Neither the COUNTY nor VENDOR shall be response to a breach of this Purchase Order responsible for any delay or failure in by VENDOR shall not constitute a waiver of performance resulting from any cause beyond breach. Waiver of the COUNTY by any their control, including, but without limitation to default by VENDOR hereunder shall not be war, strikes, civil disturbances and acts of nature. deemed a waiver of any subsequent default When VENDOR has knowledge of any actual or by VENDOR. potential force majeure or other conditions which c) All notices under this Purchase Order shall will delay or threatens to delay timely be sent to the respective addresses on the performance of this Purchase Order, VENDOR face page by certified mail, return receipt shall immediately give notice thereof, including all requested, by overnight courier service, or by relevant information with respects to what steps personal delivery and will be deemed VENDOR is taking to complete delivery of the effective upon receipt. Postage, delivery and goods and/or services to the COUNTY. other charges shall be paid by the sender. A party may change its address for notice by 15. Assignment written notice complying with the VENDOR may not assign this Purchase Order, requirements of this section. nor any money due or to become due without the d) The Vendor agrees to reimbursement of any prior written consent of the COUNTY. Any travel expenses that may be associated with assignment made without such consent shall be this Purchase Order in accordance with deemed void. Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, 16. Taxes employees and authorized persons. Goods and services procured subject to this e) In the event of any conflict between or Purchase Order are exempt from Florida sales among the terms of any Contract Documents and use tax on real property, transient rental related to this Purchase Order, the terms of property rented, tangible personal purchased or the Contract Documents shall take rented, or services purchased (Florida Statutes, precedence over the terms of the Purchase Chapter 212), and from federal excise tax. Order. To the extent any terms and /or conditions of this Purchase Order duplicate 17. Annual Appropriations or overlap the Terms and Conditions of the The COUNTY'S performance and obligation to Contract Documents, the provisions of the pay under this Purchase Order shall be Terms and/or Conditions that are most contingent upon an annual appropriation of favorable to the County and/or provide the funds. greatest protection to the County shall govern. 18. Termination ITB#10-5513-"Sublet/Parts Bid for Collier County" 16 ITB Template_04152010 Packet Page-759- 2/11/2014 16.E.4. Exhibit IV: Additional ITB Terms and Conditions 1. Contract Contract Term The contract term, if an award(s) is/are made is intended to be for two (2) years with one (1) two (2) year renewal option. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 2. Additional Items and/or Services During the contract term, Collier County reserves the right to add related items and/or services upon negotiation of a satisfactory price by the Project Manager and Vendor. 3. Conflict of Interest Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation or obligations within the past five (5)years; whether paid or donated, which could be construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 4. Vendor Performance Evaluation Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of$25,000. To this end, vendors will be evaluated on their performance upon completion/termination of agreement. 5. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 95% or more of the solicitation amount for said work. 6. Deductions for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. 7. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. ITB#10-5513-"Sublet/Parts Bid for Collier County" 17 ITB Template_04152010 Packet Page-760- 2/11/2014 16.E.4. 8. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 10. Licenses The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required licenses must be submitted with the bid response indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non-responsive. A Vendor with an office within Collier County is required to have a Business Tax Receipt. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed to the Tax Collector's Office at (239) 252-2477. 11. Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. ITB#10-5513-"Sublet/Parts Bid for Collier County" 18 ITB Template_04152010 Packet Page-761- 2/11/2014 16.E.4. 12. 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. 13. Invoice and Payments 1. The Vendor shall submit to the County an invoice for each service/purchase. The invoice shall include items listed below. Failure to list these items could result in the invoice being returned to the Vendor unpaid. a. County vehicle number and vehicle mileage/hours (When services or parts are applied to a specific,vehicle or equipment item.) b. Purchase order number. c. Description of service performed. d. Product codes (if applicable), and. e. A line item price for each part and service. 2. All invoices, along with any billing problems/concerns, should be directed to the Collier County Board of County Commissioners, Fleet Management Department, Attn.: Accounting Technician, 2901 County Barn Road, Naples, Florida 34112, FAX (239) 252-6575, phone (239) 252-4171. 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. Collier County cautions vendors to consider both methods of payment when determining pricing as no additional surcharges or fees will be considered (per Rules for VISA Merchants and MasterCard Merchant Rules). 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 shall 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 must be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - ITB#10-5513-"Sublet/Parts Bid for Collier County" 19 ITB Template_04152010 Packet Page-762- 2/11/2014 16.E.4. September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"'aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 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. 14. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in Attachment 3 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 Consultants, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Attachment 3, 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. ITB#10-5513-"Sublet/Parts Bid for Collier County" 20 ITB Template_04152010 Packet Page-763- 2/11/2014 16.E.4. 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 thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four(24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 15. Collier County Information Technology Requirements All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty-four(24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document that is required to be filled out and submitted with your bid response. This document can be found on the Collier County Purchasing Department website: www.colliergov.net/purchasinq. On the left hand side of the menu, click on CC Technical Requirements. If this document is not submitted with your bid response, your bid response may be deemed non-responsive. 16. Background Checks Vendors shall be responsible for the costs of providing background checks for all employees that will provide services to the County under this contract. These background checks include: the checking of Federal, State, and Local law enforcement records, a State and FBI fingerprint check, credit reports, education, residence, employment verifications, and other related records required in this solicitation. The results of these checks will be kept on file by the Collier County Security Section for a period of five (5) years "Sublet/Parts Bid for Collier County" 21 ITB Template_04152010 Packet Page-764- 2/11/2014 16.E.4. 17. Maintenance of Traffic Policy For all projects that are conducted within a Collier County Right-of-Way, the Vendor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards (DS) on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through the Risk Management and/or Purchasing Departments and are available on-line at colliergov.net/purchasing. The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway& Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 18. Debris Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County's representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 19. Direct Material Purchase The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the County at its sole option may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Vendor: • Required quantities of material. • Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable • Pricing and availability of goods and/or materials provided under Vendor's agreements with material suppliers 20. Grant Compliance The purchase of any goods and/or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. ITB#10-5513-"Sublet/Parts Bid for Collier County" 22 ITB Template_04152010 Packet Page-765- 2/11/2014 16.E.4. 21. Equipment Vendor shall have available and in good working condition, the necessary equipment to perform the required service. Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site. In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site. The County reserves the right to request and obtain documentation of the Vendor's cost, and to withhold payments until documentation is provided. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. All equipment must be new and of current manufacture in production at the time of ITB opening, and carry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County. ITB#10-5513-"Sublet/Parts Bid for Collier County" 23 ITB Template_04152010 Packet Page-766- 2/11/2014 16.E.4. Attachment 1: Vendor Submittal -Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 13. The mailing envelope must be sealed and marked with: • Solicitation #and Title: ITB#10-5513 "Sublet/Parts Bid for Collier County" • Opening Date 14. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature & Title Date ITB#10-5513-"Sublet/Parts Bid for Collier County" 24 ITB Template_04152010 Packet Page-767- 2/11/2014 16.E.4. Attachment 2: Vendor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: ITB#10-5513 "Sublet/Parts Bid for Collier County" Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: * ** SEE FOLLOWING PAGES * ** Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net_ Days The response to this bid will be manual. The following information must be completed and returned in its entirety: 1. Bid Schedule in Excel format 2. Attachment 1: Vendor's Check List 3. Attachment 2: Bid Response Form 4. Attachment 3: Insurance and Bonding Requirements 5. Attachment 4: Local Vendor Preference Affidavit 6. Attachment 5: Immigration Affidavit ITB#10-5513-"Sublet/Parts Bid for Collier County" 25 ITB Template_04152010 Packet Page-768- 2/11/2014 16.E.4. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 2010 in the County of , in the State of Firm's Complete Legal Name Address City, State, Zip Florida Certificate of Authority Document Number Federal Tax Identification Number Telephone Number FAX Number Check one of the following: ❑ Sole Proprietorship El Corp or P.A. State of ❑ Limited Partnership El General Partnership Signature/Title Type Name of Signature Date Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address ITB#10-5513-"Sublet/Parts Bid for Collier County" 26 ITB Template_04152010 Packet Page-769- 2/11/2014 16.E.4. Attachment 3: Vendor Submittal - Insurance and Bonding Requirements Insurance I 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 $ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $ single limit per occurrence ISO form 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 $ Each Occurrence; Bodily Injury&Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage(Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per 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 ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, ,,0*,t 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 ITB#10-5513-"Sublet/Parts Bid for Collier County" 27 ITB Template_04152010 Packet Page-770- 2/11/2014 16.E.4. 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 (or Airport Authority or Collier MPO). 11. ® Thirty(30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number ITB#10-5513-"Sublet/Parts Bid for Collier County" 28 ITB Template_04152010 Packet Page-771- 2/11/2014 16.E.4. et' Win, Attachment 4 Vendor Submittal — Local Vendor Preference Administrative Services Division Affidavit Purchasing Solicitation #and Title ITB 10-5513(Check Appropriate Boxes Below) State of Florida(Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A"local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business"under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or❑ Lee County: Number of Employees (Including Owner(s)or Corporate Officers): Number of Employees Living in ❑ Collier County or❑ Lee (Including Owner(s)or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Address in Collier or Lee County: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) ITB#10-5513-"Sublet/Parts Bid for Collier County" 29 ITB Template_04152010 Packet Page-772- 2/11/2014 16.E.4. City County Administrative Services Division Purchasing Attachment 5: Vendor Submittal - Immigration Affidavit Solicitation #10-5513 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. Failure to include this Affidavit with proposal will delay in the consideration and reviewing of vendor's proposals and could result in the vendor's proposal being deemed 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 abide by Collier County Employment Eligibility Verification System requirements regarding this solicitation. 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 (Print or Type Name) as identification. (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. Collier County reserves the right, at any time, to request supporting documentation as evidence of the vendor's compliance with this sworn affidavit. ITB#10-5513-"Sublet/Parts Bid for Collier County" 30 ITB Template_04152010 Packet Page-773- 2/11/2014 16.E.4. Attachment 6: Vendor Submittal -Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Purchasing Agent listed on the first page or mail to: Collier County Purchasing Department, 3301 Tamiami Trail East, Naples, Florida 34112. We are not responding to this ITB for the following reason(s): Solicitation # and Title: ITB 10-5513 ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: [ Other reason(s): Firm's Complete Legal Name Address City, State, Zip Telephone Number FAX Number Signature /Title Type Name of Signature Date: ITB#10-5513-"Sublet/Parts Bid for Collier County" 31 ITB Template_04152010 Packet Page-774- 2/11/2014 16.E.4. Attachment 1: Vendor Submittal - Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1 . The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 East Tamiami Trail Naples, Florida 34112 13. The mailing envelope must be sealed and marked with: • Solicitation#and Title: ITB#10-5513 "Sublet/Parts Bid for Collier County" • Opening Date 14. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF-THE COURIER PACKET. Florida :etroi lie Jo' - Allison, Inc. Company Nam- I $,igaatu-e f it David Ciarcia. - Regional Manager Date ITB#10-5513-"Sublet/Parts Bid for Collier County" 23 1TB Template_04152010 Packet Page-775- 2/11/2014 16.E.4. INFORMATION REQUIRED FROM VENDOR 1 ;Labor rate per hour(expressed in whole dollars $96.00 2 ;Labor warranty (expressed in number months 12 3 Type of service provided by your company j Parts, service, repairs _ I NC repairs 4 Pick-up and return disabled equipment and repair and/or service at v_endor's location (expressed in per Imile charge) $1.50 5 Additional cost to deliver parts (expressed in per mile INo additional charge charge I i ..__. 6 :Net payment terms (expressed in number of days) ;Net 30 days 7 ;Equipment that your firm repairs or services 1Detroit Diesel Engines Trucks & Buses Allison Transmissions (Trucks & Buses) Mercedes Engines (Trucks & Buses) MTU Engines (Boats ,gen sets & off road) 8 OEM manufacturer(s)who your company is representing Detroit Diesel Allison Transmissions _ Mercedes _ MTU Engines MTU On Site Power John Deere Marine Red Dot Corp 9A OEM manufactured part discount from published retail list price (expressed as a percentage) 20% 9B ;End part (complete assembled unit of numerous parts)expressed as a percentage discount j 20% 10 OEM part warranty(expressed in nu_mber of months 12 Packet Page-776- 2/11/2014 16.E.4. Information Required From Vendor-(continued) 11 After market manufacturer(s)who your company is representing Dana, Alcoa, Delco-Remy, Fontaine, Permatex, Dura-Lite jSKF, Webasto, Donaldson, Leece-Neville, National Oil Seals, Carlisle, Parker, Chelsea, Phillips, Firestone, Accuride, Monroe j ExonMobil, Hendrickson, BorgWarner Cooling, System, TRW, Eaton, Racor Parker, Haldex Phillips &Temro, MGM Brakes, jArvinMeritor, Con Met, Horton, Gunite, Penray, Bendix, Holland, Parker, and Timken l 12A IAftermarket manufactured part discount from published retail ;list price(expressed as a percentage 20% 12B ,End part(complete assembled unit of numerous parts) jexpressed as a percentage discount 20% 1 13 After market part warranty(expressed in number of montths) 12 • - j I Packet Page-777- 2/11/2014 16.E.4. Attachment 2: Vendor Submittal - Bid Response Form FROM: Plnriria Detroit Diesel — Allison. Inc. Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: ITB#10-5513 "Sublet/Parts Bid for Collier County" Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: * ** SEE FOLLOWING PAGES * * * Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: t.11A % Days; Net30 Days The response to this bid will be manual. The following information must be completed and returned in its entirety: 1. Bid Schedule in Excel format 2. Attachment 1: Vendor's Check List 3. Attachment 2: Bid Response Form 4. Attachment 3: Insurance and Bonding Requirements 5. Attachment 4: Local Vendor Preference Affidavit 6. Attachment 5: Immigration Affidavit ITB#10-5513-"Sublet/Parts Bid for Collier County" 24 ITBTemplate_04152010 Packet Page-778- 2/11/2014 16.E.4. Attachment 3: Vendor Submittal - Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $ single limit per occurrence ISO form 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 Contractor/Vendor/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 $ Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired;Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage(Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per 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 ❑ Project Professional Liability $ Per Occurrence ❑ 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 lTB#10-5513•"Sublet/Parts Bid for Collier County" 26 ITB Template_04152010 Packet Page-779- 2/11/2014 16.E.4. 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 (or Airport Authority or Collier MPO). 11. ® Thirty(30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) day of th- -ward of this solicitation. Name of Firm Florida D-tr•' Di/e . 1 - Allison, Inc Oate Vendor Signature • •s Print Name David Ciarcia — Regional Manager Insurance Agency Frprikpl & Cn, Tnn. Agent Name Telephone Number 212-488-0200 ITB#10-5513-`Sublet/Parts Bid for Collier County" 27 • ITB Template_04152010 Packet Page-780- 2/11/2014 16.E.4. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 21 day of June ., 2010 in the County of Lee , in the State of Florida . Firm's Complete Legal Name Florida Detroit Diesel - Allison, Inc Address 2305 Rockfill Road City, State, Zip Ft. Myers, Fl. 33916 Florida Certificate of Authority mv_1 160 Document Number Federal Tax Identification 59-2043490 Number Telephone Number (239) 332-3100 FAX Number (239) 332-4857 Check one of the following: ❑ Sole Proprietorship Corp or P.A. State of Deleware ❑ Limited Partnership ❑ Gener. -artn- 1.p Signature/Title _/ ,fA , Type Name of Signature David Ciarcia - Regional Manager Date *w*wxwww ww ww ww*+,tararwwwww,tww wwww*******warwarw,tw***w*w,t ww,t ww,tarwarw*warw,twarwwar,twwwww**ww*wwwwwwwwwarwarwwwww Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address ITB#10-5513-"Sublet/Parts Bid for Collier County" 25 ITB Template_04152010 Packet Page-781- 2/11/2014 16.E.4. Co 7$rp�yty Attachment 4 w._.r Vendor Submittal— Local Vendor Preference Admr.ist-ate eServicesCrvisicn Affidavit -ur-hr:3 7i-ig Solicitation #and Title ITB 10-5513 (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business El Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of .County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A"local business"is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a"local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way.This may include, but not be limited to,the retention and expansion of employment opportunities,the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business"under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or El Lee County: i 99n Number of Employees (Including Owner(s) or Corporate Officers): 14 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: FT on da o-1-roit Diesel — Allison, Inc Date: Address in Collier or L_- Count . • ./c. . :.-. - '16 Signature: ! , / Title: /) STATE OF FLORIDA ❑ COLLIER COUNTY Lg LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this 21 Day of TIInP ,20 1 f) . T1,csx&c3 . 4,9-w ) Notary Public My Commission Expires: 1;1_ y}4 mac_ MY d C O M in—s opN h#DD 16,8fi6770 dews(AFFIX OFFICIAL SEAL) Bonde ►ry Mary Pubic Underwriters ITB#10-5513•"Sublet/Parts Bid for Collier County" 28 ITB Template_04152010 Packet Page-782- 2/11/2014 16.E.4. It- Co er Con ty ?',cii-r.;[ ServiCeS r,':l lnn Attachment 5: Vendor Submittal - Immigration Affidavit Solicitation #10-5513 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. Failure to include this Affidavit with proposal will delay in the consideration and reviewing of vendor's proposals and could result in the vendor's proposal being deemed 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 abide by Collier County Employment Eligibility Verification System requirements regarding this solicitation. Company Name Florida 1-troit Diesel - Allison, Inc. Print Name Davi• Ci. Title Regional n er Signature - Date 6" dt/en State of Florida County of Lee The foregoing instrument was signed and acknowledged before me this 21 day of June , 20 10, by David Ciarcia who has produced (Print or Type Name) 0620-160-50-2090 as identification. (Type of Identification and Number) Florida Driver License Notary Public Signature Marcia J. Lewis Printed Name of Notary Public " MARftAJ.LEIMS Notary Commission Number/Expira " A lff 8�1 Br EXPIRES Meade Bonded Thu Miry Puhie$,2013 ode nvdters The signee of this Affidavit guarant , idavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. Collier County reserves the right, at any time,to request supporting documentation as evidence of the vendor's compliance with this sworn affidavit, IMO 0-5513-"Sublet/Parts Bid for Collier County" 29 ITB Template_04152010 Packet Page-783- Jun, 14. 2 12 11 : 55 AM No. C'' '2/11/2014 16.E.4. Co 7ev County Administrative Services Division Purchasing May 30,2012 Mr. David Ciarcia Regional Manager Florida Detroit Diesel-Allison, Inc. 2305 Rockfitl Road Fort Myers, FL 33910 Fax: Email:dthomae(c fdda.com RE: Renewal of Contract#10-6613 "Sublet/Parts for Collier County" Dear Mr. Clarets: Collier County would like to renew the above agreement under the same terms and conditions for two (2) adttional years in accordance with the renewal clause in the agreement. ' if you are agreeable please indicate your intentions by providing the appropriate information as• requested below: ' I am agreeable to renewing win the above referenced contract under the same terms,conditions,and pricing as the existing contract. The following attached documentation must be provIded with response. . Provide updated and current insurance certificate, and . I am not agreeable to renewal of this contract. . • By your signature this contract will be in effect from September 28,2012 until September 27, 2014. • • �', -!r , . -;14 eirdwile Detained.3327 Tan Taal Eaet•Naples,Florida 34112401•wwwacdl ov,nelipurchasmg Packet Page-784- Jun. 14. 20'2 11 :55AM N°. 2/11/2014 16.E.4. Page 2 of 2 RE: Renewal of Contract#10.55't3"SubietUParts for Collier County" Please return this letter to the Purchasing Department with your response and updated insurance zertifitatti.at your easiest convenience. If you.have any questions you may contact mast 239-252• 8401, email kathieanrnulins ca col iercov.net and fax 239-262.2861 or 239-732.0844. Best regards, • • e Markiewicx interim Director—Purchasing/General Services f c �R'iri@z ..fir,r„ '�1 Tr �1 �.� SAwFreirt�+G�7 t l i , r. n .w ^: ,:. tlsyl ?ZN:y .4-^. 7� _-.r try �{i #' �. Y�Ri-'M� ' `� •' ' 1 � ��., y :74 -•.,li. `'tY • Name of Company. -44.0 15117AMOV Cbmpanyi Signature ♦.1 Co ∎,•rate Office Print Corporate°fibber �i o�✓A�d Name Signature Data t p �?. +:.`1.1t;"' ?' Z4✓ ` ,.J! !..--1+Yc. JrCr .i Z 3,{ * •,�•:ti1.�Z r I' - a '* , A' i .ci. ,�U�f3 ��`-•i.".'L'.�f�};��t ,�•� to cr- dleir, Y [3G'� �T��rx. � ,� ....j� lI �;y,iL,,,,�y,, �� . TM'�r y� �lr.!y�.r>.C� ;r � .�'�� •.raYR' -1;��it`'�` `�' taw :.;�: i� :.i"r v,,:.1'<�irY�n►•. z-\ Contact Name ►+_fit +1. . Telephone Number _X'l r�. giT FAX Number _ iE•MrelE1• 1111 8maII Address •, r. +'1. liiii T a +cwt Address ..Xi•W i4"�3rlil 'l. -. f(ye.i? ,•PL. .3c1 1 Lo C; Dan Croft, Director-Fleet Management • Packet Page-785- From:FrenkeI&lcomp 12124880220 06/1412012 14:00 2/11/2014 16.E.4. A`..°-`rl'tR CERTIFICATE OF LIABILITY INSURANCE DAT/1412DIYYYY,I� 6/1412012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(Sf, AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poiicy(Ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endarsementisy. PRODUCER (212)486-0200 CCOMTACT Carol Tote Frankel&Company PHONE x;212 488-0452 I rFi ,re*212 4138-1802 350 Hudson Street,4th Floor A .ctoto@frenkel.com York, NY 10014 @frenkel.com PRODUCER E 101 FLORDET-01 INSURER(S)AFFORDING COVERAGE NAIC a INSURED Florida Detroit Diesel Allison inc. INSURER A:Aliianz Global Risks 35300 PO Box 16595 INSURERS:National Union Fire Insurance Company of P19445 Jacksonville,FL 32245 INSURER C:Illinois National insurance Company 23817 INSURER D: INSURER E: _INSURER F; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERN OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOmONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED.BY PAID CLAIMS. TYPE DF INSURANCE M ma" POLICY NUMBER POLICY EFF POLICY EXP Ihni/DIS/YYYY) IMAVDD/YYY YYY) LIMITS I GENERAL UAB1uTr EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL uABIL TY X CGL 2003369 7/112011 7/1/2012 PREMI E)O RENTLD PREMISES(Ea acaariattoe) : 1,000,000 1 CLAIMS-WADE U OCCUR MED EXP(Any one permed_ t 10,000 ` PERSONAL&ADV INJURY 8 1,000,000 GENERAL AGGREGATE s 2,000,000 GEN'L AGGREGATE UNIT APPLIES PER. PRODUCTS-COMP/OP AGO $ 1,000,000 X POUCY I7 JRi n LOC . s AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 B X ANY AUTO CA 2714634 AOS , 6/1/2012 7/1/2013 (Ea acrIautll ALL OWNED AUTOS BODILY INJURY(Per parson) S BODILY INJURY(Per accident) S SCHEDULED AUTOS I ! PROPERTY OHMAGE . HIRED AUTOS i 0Per acdaent) s I NON-OWNED AUTOS S I S UMBRELLA LIAB OCCUR . EACH OCCURRENCE S EXCESS UAe CWMS-MADE AGGREGATE .f — DEDUCTIBLE S RETENTION S S - WORKERS COMPENSATION X WC Y TAT- !W- AND EMPLOYERS•.UAMUTY Y/N C ANY PROPRIETORIARTNER>E:ECU IVE WC 015110312 FL 61/2012 6/1/2013 E.L EACH ACCIDENT s 1,000,000 OFFICER/MEMBER:EXCLUDED7 N/AI (Mandatory In NH) I E.L DISEASE-EA EMPLOYEE OYEE S 1,000,000 It es,aearfibe rawer DESCRIPTION OF OPERATIONS below E.L DISEASE•POLICY UNIT S 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS l VEHICLES(Attach ACORD 101,Additional Renault*Schedule,If more spade is taqutrad) Certificate holder is included as additional insured under the above policies with the exception of Workers Compensation, • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 Tarsier's!Trail East ACCORDANCE WITH THE POLICY PROVISIONS, Naples,FL 34112-4901 AUTHORIZED REPRESENTATIVE I 6h 1988-2009.ACORD CORPORATION. All rights reserved. ACORD 26(2009/09) The ACORD name and logo are registered marks of ACORD Packet Page-786- 2/11/2014 16.E.4. FLORIDA ® fillitoof DETROIT DIESEL-ALLISON tiS Your Total Power SolutionTM November 25,2013 Kathleen Mullins Collier County Purchasing Dept. 3327 Tamiami Trail East Naples, FL 34112 RE: Contract No: 10-5513(the Contract) Dear Ms. Mullins: Florida Detroit Diesel-Allison, Inc. (FDDA) is contemplating entering into an asset purchase agreement with Stewart& Stevenson LLC pursuant to which a wholly owned subsidiary of Stewart& Stevenson LLC, Stewart & Stevenson FDDA LLC (S&S), will purchase the ongoing business of FDDA(the"Transaction"). The Transaction will include the assignment of FDDA's rights and obligations under the Contract to S&S and the assumption by S&S of responsibility, going forward,for the continued performance of the Contract. We are writing to request(i)your acknowledgement of the Contract as your binding and enforceable agreement in accordance with its terms, (ii) your confirmation that you have no knowledge of any breach of the Contract by FDDA (or the occurrence of any event that with notice or the passage of time or both would constitute such a breach) and (iii) your consent to the assignment of the Contract to S&S. Please evidence your acknowledgement, confirmation and consent to the above by having this letter signed by an authorized representative in the space provided and returning the signed copy to Donald F. Mann,the Senior Vice President, Operations of FDDA, by email dmann @fdda.com or fax (954) 327-4509. In addition, please send the original signed letter to FDDA using the enclosed prepaid FedEx envelope addressed to 4141 SW 30 Avenue, Fort Lauderdale, FL 33312, and Attention: Don Mann. We would like to receive this consent by November 27, 2013. If you have any questions or need any further information, please contact Don Mann at(954)327-4482 or Alice Sabin at(954)327-4510. Sincerely, 7:1 Donald F. Mann Senior Vice President, Operations ACCEPTED AND AGREED: The undersigned hereby makes the acknowledgement and confirmation set forth above, consents to the assignment of the Contract to Stewart& Stevenson FDDA LLC and agrees that this consent shall be deemed to satisfy and comply with all applicable requirements of the Contract for consent to assignment of the Contract. Furthermore, the undersigned acknowledges that the Transaction is not public at this time and, as such, agrees to hold the contents of this letter and the fact that FDDA is considering a potential Transaction in confidence and to treat such information as confidential. Name: Signature: Title: Date: DLI-6463671v1 Packet Page-787- 2/11/2014 16.E.4. Stewart & Stevenson FDDA LLC Written Consent of the Sole Member January 6 , 2014 Pursuant to Section 18-302(d) of the Delaware Limited Liability Company Act, the undersigned Stewart & Stevenson LLC, a Delaware limited liability company (the "Member"), being the sole member of Stewart & Stevenson FDDA LLC, a Delaware limited liability company (the "Company"), hereby consents in writing to and adopts the following resolutions: WHEREAS, substantially all of the assets of Florida Detroit Diesel-Allison, Inc., including its commercial contracts (collectively, the "Purchased Assets"), were acquired by the Company; and WHEREAS, the Member desires to authorize certain persons to execute, on behalf of the Company, each assignment document or agreement and any other document necessary or desirable to effect the transfer of the Purchased Assets to the Company. NOW, THEREFORE, BE IT RESOLVED, that the following persons be, and each hereby is, authorized to execute each assignment document or agreement and any other document necessary or desirable to effect the transfer of the Purchased Assets from Florida Detroit Diesel-Allison, Inc. to the Company: Name John B. Simmons John Merrifield Donald Mann [Signature Page Follows] D1.1-6463973v1 Packet Page-788- 2/11/2014 16.E.4. IN WITNESS WHEREOF, the undersigned sole member of the Company has executed this written consent effective as of the date first written above. MEMBER: By: STEWART& STEVENSON LLC By: .ttrci'r a'`+ ohn B. Simmons Chief Executive Officer STATE OF TEXAS ) SS: COUNTY OF HARRIS ) On this b `" day of c. . , 2014, before me appeared John B. Simmons, known to me to be the Chie xecutive fiver of Stewart& Stevenson LLC, who acknowledged that he signed this instrument as a free act on behalf of Stewart& Stevenson LLC. ,,, ` �, CATHY PHILLIPS f /1 r Jf` Notary Public,State of Texas r 1 ' >�<• ' My Commission Expires Notary Pu r1 c: 1 ' 4„. July 22,2014 My commission expires: Packet Page-789-