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Backup Documents 12/13-14/2011 Item #16E1416E14 MEMORANDUM Date: December 20, 2011 To: Diana De Leon, Contract Technician Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Assumption Agreement Contractor: Horizon Distributors, Inc. Attached, is an original copy of the contract referenced above (Item #16E14), approved by the Board of County Commissioners on Tuesday, December 13, 2011. The second original will be held on file with the Minutes and Record's Department in the Board's Official Records. If you have any questions, please contact me at 252 -7240. Thank you. 16E14 ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of December 13, 2011 by and between Horizon Distributors, Inc. a Delaware corporation ( "Horizon ") 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 Invitation to Bid (ITB) #10 -5513 "Sublet/Parts Bid for Collier County" to Kilpatrick Turf Equipment, Inc. ( "Kilpatrick "), attached hereto as Exhibit A, and hereinafter referred to as "Agreement "; and WHEREAS, Horizon hereby represents to Collier County that it acquired certain assets of Kilpatrick by virtue of an asset purchase agreement; and WHEREAS, the parties wish to formalize Horizon'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. Horizon accepts and assumes all rights, duties, benefits, and obligations of the Contractor under the Agreement, including all existing and future obligations to pay and perform under the Agreement arising on or after April 13, 2011. 2. Except as expressly stated, no further supplements to, or modifications of, the Agreement are contemplated by the parties. 3. Notice required under the Agreement to be sent to Contractor shall be directed to: CONTRACTOR: Horizon Distributors, Inc. 109 Northpark Blvd. Covington, LA 70433 Phone: 561-383-2241 Attention: James W. Ross, President 4. The County hereby consents to Horizon's assumption of the Agreement. No waivers of performance or extensions of time to perform are granted or authorized. The County will treat Horizon as the Contractor for all purposes under the Agreement. 16E14 IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. COLLIER COUNTY: ATTEST: :�' , 4� 'Y DWIG E.?] R0 (perk Horizon 11lftribt Mark W Date: 1 1 1 a A I I I BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAftd4AN Attest: ice President In r M. Neil, Corp ate Secretary Date: aghl 2 _ ----- EXHIBIT A 10 -5513 SUBLET /PARTS r W per ry Aadr *i P r&A9lr* INVITATION TO BID Date: May 21, 2010 From: Jack Curran, Purchasing Agent 239 - 252 -6098 (Telephone) 239- 252 -659 (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•collier ov.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 p9 �' =1 Tsmmn Tr;W East • ZO-., fkaiba 34112 vnvw.s�i v.neUpurcha9in4 ITB#10- 5513-'Sublet/Parts Bid for Collier County' ITB Template-04152010 0 T 4 16E14 Invitation to Bid Index ....................... ............................... 3 Public Notice .............................. ............................... Exhibit 1: Scope of Work, Specifications and Response Format .... ............................... 4 Exhibit II: General Bid Instructions ................................................ ............................... 6 Exhibit III: Standard Purchase Order Terms and Conditions ........... .............................13 Exhibit IV: Additional ITB Terms and Conditions ........................... ............................... 16 Attachment 1. Vendor Submittal - Vendor's Check List ................. ............................... 23 Attachment 2: Vendor Submittal Bid Response Form ................. ............................... 24 Attachment 3: Vendor Submittal - Insurance and Bonding Requirements ................... 26 Attachment 4: Vendor Submittal - Local Vendor Preference Affidavit.. Error! Bookmark not defined. 25 Attachment 5: Vendor Submittal - Immigration Affidavit ................ ............................... Attachment 6: Vendor Submittal - Vendor's Non - Response Statement ....................... 30 ITB #10.5513- "SubleVParts Bid for Collier County' 170 Template-04152010 2 16E14 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.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response form included and only available for download from the Collier County Purchasing Department 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 Camell, C.P.M. Purchasing /General Services Director Publicly posted on the Collier County Purchasing Department website: www,colliergov.net/purchasing and in the lobby of the Purchasing Building on May 21, 2010. ITBM10- 5513 'Sublet/Parts Bid for Collier County" ITB Template-04152010 3 Memorandum Date: May 26, 2010 Email: @colliergov.net Telephone: (239) 252 -6098 FAX: (239) 252 -6596 ADDENDUM #1 From: Jack Curran, Purchasing Agent To: Interested Bidders Subject: Addendum #1 Solicitation # and Title ITB 10-551 3 - - "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 Addendum Template Revised: 4115/10 1 I 16E14 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 I. 16E14 Exhibit is 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, "Count/') 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- "SubieUParts Bid for collier County" IT8 Tempiale_N152010 6k---- .... . ..... ....... � 16E14 DELIVERY Delivery shall be FOB destination to: Collier County Fleet Management Department, 2901 County Barn Road, Naples, Florida 34112. 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 i 1x. ,'c .o i 1 .4; =.'S k� ii7 5, WE < Mav 21, 2010 Issue Solicitation Notice Last Date for Receipt of Written Questions June 11, 2010, 10:OOAM, 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 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 ITBM10 -5513- "Sublet/Parts Bid for Collier County' ITB Template 04152010 Exhibit III: General Bid Instructions 1. Purpose/Objective 16E14 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 ITBM10- 5513 - "Sublet(Parts Bid for Collier County" ITB Tom plate_04152010 16E14 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 riD for 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 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 ITBA10- 5613- 'SubletlParts Bid for Collier County' ITB Template_04152010 16E14 Purchasing Department Internet website: www.colliergov.net/bid. Questions will not be answered after the date noted in this ITS. 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 ITS shall file a written protest with the Purchasing Director ri�ior 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 11 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. ITS #10 -5513- "SuNettParts Bid for Collier County' ITB Template_04152010 16E14 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 phce(s), then award will be made to the ITB*10- 5513- 'SubleVParts Bid for Coltier County' ITB Template_04152010 16E14 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 Preferencd 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) calendaa days thereafter to verify employment eligibility of their employees assigned to the contract at the Mime of enrollment in E- Verify. Additionally, vendors shall require all subcontracted vendors td flow down the requirement to use E- Verity 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 bidderNendor does not comply, they may be deemed non - responsive. ITB #10. 5513- 'Sublet/Parts Bid for Collier County" 10 ITB Template,-04152010 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. ITBS10.5513- 'Sublet/Parts Bid for Collier County" 12 ITH Templete_04152010 2. 3. a Exhibit III: Standard Purchase Order Terms and Conditions Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and /or services, or any similar act by VENDOR. Inspection All goods and/or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and /or services provided early in the term of the Purchase Order are non - conforming or otherwise rejected by the COUNTY. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of 16E14 delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of Invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act," and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to It at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. ITB#10 -5513- "Sublet/Parts Bid for Collier County' 13 ITB Template_04152010 7 16E14 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 recluired 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 properly 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. ITBN10 -5513- `SubleVParts Bid for Collier Courtly" 17 rrB Template_04152010 16E14 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' 18 ITB Torn plate_04152010 16E14 September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 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 Count' 19 ITB Template_ 04152010 16E14 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 specfied 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/ourchasing. 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 far 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 ITS610 -5513- "SubleWarts Bid for collier County' 24 n-e Template_04152010 16E14 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 Traff ic 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" ITB Template_04152010 21 16E14 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 Count,/' 22 ITS Template_04152010 16E14 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 reguired, 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 o enin 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� Na e GV �, ors Signat re & itle 142g r,?-7 Date a I ITB #10 - 5513 - "Sublet/Parts Bid for Collier County' 23 ITB Template-0416201 0 16E14 I 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 spec fications 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 CoUler County' 24 ITB Template_04152010 16E14 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 7^,2r C& V I -e," ,6.,J-7 Address tI'70a G>l L o +'-6qe- ZAZ� City, State, Zip Florida Certificate of Authority Document Number Federal Tax Identification Number Telephone Number FAX Number Check one of the following: Signature / Title C•� yn� rr►4 �,ar�•�, GL 33 42 c.. 5",i - 6 33— i11 �Sz) S-61_ 533- isO) [" TI, Sole Proprietorship ❑ Corp or P.A. State of ❑ Limited Partnership ❑ General Partnership Type Name of Signature /L-L %� ])r7- Date sJv2 '7 / -2 ors 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 ITBd#10- 5513- 'Sublet/Pans Bid for Collier CounW 25 ITS Template_04162010 16E14 ADO . CERTIFICATE OF LIABILITY INSURANCE 03 /i r a 0 PRODUCER (561)278 -0448 FAX (561)278 -2391 Weekes & Callaway, Inc. 3945 West Atlantic Avenue Defray Beach, FL 33445 7 Michelle Chung/Tracy Carter THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSuKtD The Kilpatrick C- pany, Inc. 7700 High Ridge Road Boynton Beach, FL 33426 INSURERA: Almerisure Insurance Company 19488 INSURERS-- North River Insurance Co. 21105 INSURER C: BNDCL03172010 ENSURER D: 1 03/17/2011 '... FAcHoccuRRENCE INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM 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 CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR LTH DD' TYPE OF INSURANCE POLICY NUMBER POLICY EffECTIVE POLICY EXPIRATION LIMITS T GENERAL LIABILITY BNDCL03172010 03/17/2010 1 03/17/2011 '... FAcHoccuRRENCE s 1,000 00 X COMMERCIAL GENERAL 11A811!TY DAMAGE 70 RENTED t S lOO, 0 CLAIMS MADE a OCCUR MED EXP tAny om parson) $ 10 A PERSONAL & ADV INJURY S 1 r 000 , 40 $ 2,000,00( - I GENERAL AGGREGATE _ GEKL AGGREGATE t.IMiT APPLIES PER: PRODUCTS - COMPIOP AGG S Z, QOO , O r-1 j POLICY JEC7 X LOC ... -_...— AU MOBILE LIABILITY BNDAUT003172010 03/17/2010 03/17/2011 7 COMBINED SINGLE LIMIT S X ANY AUTO (Ea accident) 11000,000 BODILY INJURY S ALL V.VNED AUTOS A SCHEDULED AUTOS ` (Pw person) BODILY INJURY S X HIRF_D AUTOS X NON -OWNED AUTO$ (Per acudant) PROPERTY DAMAGE 3 (Par acadws) GARAGE LWSILITY BNDAUT003172010 03/17/2010 03/17/2011 AUTO ONLY• EA AccicENT s 1,000,000 A X ANY AUTO OTHER THAN EA ACC S 11000,000 S 2,000,000 .AUTO ONLY: AGG I EXCESSJUMBRELL�ALI—LIA;BILITY BNDUMB03172010, 03/17/2009 j 03/17/2010 EACH OCCURRENCE S 10 000 X OCCUR � C; -AIMS MAOE AGGREGATE S 20 000, B ! s S DEDUCTIBLE I X RETFN71ON S S WORKERS COMPENSATION AND t Wl: STATU- - 0TH - i LIMTS —' EMPLOYERS' LIABILITY E.L. EACH ACCIDENT is ANY PROPRIETORlPARTNERIEXECUTNE E.L. DISEASE - E4 EMPLOYE S OFFICERIMEMBER EXCLUDED? SPECIAL om be utoer ! —'-- E.L. DISEASE - POLICY LIMIT I -- S SPECIAL PROVISIONS below - 1.prHER ONDAUT003172010 03/17/2010 03/17/2011 Limit Any One Unit $120,000 A rragekeepers DESCRIPTION OF OPERATIONS) LOCATIO S I VEHICLES J EXC{ USIC S ADDED SY ENDORSEMENT / SPECIAL PROVISIONS Re: Bid #06 -4032 - Subet /Parts Bid or Collier County for all operations of the Named Insured as they elate to this project, ertificate Holder is included as Additional Insured as respects General Liability only, when required y written contract. 10 DAYS' NOTICE OF CANCELLATION FOR NONPAYMENT OF PREMIUM'S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS wRRTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Collier County Board of County Commissioners BUT FAILURE TO MAIL. SUCH NOTICE S HALL IMPOSE NOOSLIGATIONOR LIABILITY 3301 Tamiami Trail East OFANYK iNO UPON THE INSURER, ITS AGENTS ORREPRESENTATIVE& Naples, FL 34112 AUTHORIZED REPRESENTATIVE Kimila Silvia /MCHUNG ACORD 23 (2001108) ® ACORD CORPORATION 1988 16E14 Attachment 3: Vendor Submittal - Insurance and Bonding Requirements 6..sFi- 1. Workers 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 Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attomeys' 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, 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' 26 ITR TAmnlatA 04152010 6 E 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, tt'e 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 _ CI iG ��'r '" j L,, Date erj4 Vendor Signature Print Name Insurance Agency Agent Name j�f ! Telephone Number +..7 _ ITS #105513- 'Sublet/Parts Bid for Collier County' 27 ITB Template_N152010 i -1 F. k�3 Own • } vionf, b Tv AIR d. '3 7 Vol 4 16E14 9 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 Amendmeni(s)) and agrees to abide by Collier County Employment Eligibility Verification System requirements regarding this solicitation. Company Name r'L PPS r�k, 7�i�2� v: to m rte. Print Name r'Lt r'= - ���+�''`�`' Title Signature &A G� Date �� �" State of D" _ County of The foregoing instrument was signed and acknowledged before me this IV day of U) 10, by i t I l lice �'P -&;i. I &o who has produced Print or Typ Nam ) O 't1 as identification. kDoe of Identifi tion ar ber) of Public Sig natur fyi U. NOTARY PLSUC STATE OF LOR! ^A rinted Name of Notary Public , :� " "'�z Maria N. Pimenta ^� " r� )Ctlmmission � I3A732774 o-/ / 0 % c �--� V,.,,, s Expit'es: FEB. 17, 2012 Notary Cornmi sion Number/Expiration SO "= MAU ATrAm(;aoxaaxcca,nrss, 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. IT6#10 -5513- "SubletRarts Bid for Collier County' 29 ITS Template-0415201 0 16E14 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: IT5*10 -5513- "Sublet/Parts Bid to Collier County' 30 rTB Template_04152010 0, N N U1 O C 3 O D m u a c w > LL w C w c m � 0 � U CL c m a 0 Z •• 7 N N N C Ln In C) � a m •o o Q m �' o l0 0 1p 0 m — C Ln a) m cL .--I rl y Ol C C u a N m E w E o ry Qm' vai C N `. di w c ` a ar,< , a z o ° °m 001 v+ Q T cc 03 cL cc p y a O Q Ul •'Y'. �J 3 u a x z z m m w 0 > a cc z OV Fl- o ,4 m L rn a (v �° o M V} L m p LL > m W m E w a v a O 'lo N C '� N > ° N D• 0 w ^ E a m E •E \ a Y' O m N O. in N m oo •iu 0 1 > 0 d N In d u a o vni m °• o e o � v* ` LL Y VI Y N N a 3 N -` >> - Y O N F N U d C m 'O c " � w a tLi z N :J Val t N ; w u Vi u c ¢ v m m o a o > o � a m z a _ m m u w E p n E a O_ m C. L `Y N o o. C ° > a o ° m ° c 2 c a E oj c m L 3 n E o a s E N CL d' ;A E E u o c o: �.. 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